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US appeals court grants Hobby Lobby full hearing
Court Watch | 2013/04/02 14:13
A federal appeals court has granted Hobby Lobby's request for the entire court to hear its challenge of a federal requirement that it provide insurance coverage for the morning-after pill and similar emergency contraceptives.

The 10th U.S. Circuit Court of Appeals announced its decision Friday. Appeals are usually decided by a three-judge panel, but a total of nine judges will hear the appeal from the Oklahoma City-based arts and crafts chain.

Hobby Lobby is challenging a requirement in the new federal health care law that says the company must provide and pay for emergency contraceptives. The company says the requirement violates the beliefs of its Christian owners.

The Denver-based court also said it would hear Hobby Lobby's appeal on an expedited basis, with oral arguments expected this spring.


NY top court OKs tax on online sellers like Amazon
Court Watch | 2013/03/29 22:46
New York's highest court ruled Thursday the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax law violates the U.S. Constitution's Commerce Clause.

The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U.S. Supreme Court test that the sellers have "a substantial nexus" with the taxing state. Taxes apply when the online retailers generate at least $10,000 in annual sales to New Yorkers from in-state websites that earn commissions by bringing in potential customers through links to the big retailers.

Amazon.com, with corporate offices in Washington state, has an "Associates Program" where others put such links on their websites. Overstock.com, based in Utah, suspended its similar "Affiliates" program in New York after the state statute was enacted.

New York's sales tax is 4 percent and all its counties and New York City add an additional tax ranging from 3 percent to near 5 percent. Both apply to applicable Internet sales, according to the state Department of Taxation and Finance.


Court considers Calif. prison mental health care
Legal Interview | 2013/03/24 22:46
A federal judge in Sacramento is set to hear arguments Wednesday over Gov. Jerry Brown's push to regain state control of inmate mental health care after 18 years of federal oversight and billions of dollars spent to improve treatment.

Lawyers representing the state argue that California is now providing a constitutional level of care to its prison inmates, while attorneys for the inmates say more improvement is needed.

California has spent more than $1 billion in construction for mental health facilities and increased salaries to hire more and better mental health workers. It now has more than 1,700 psychiatrists, psychologists, therapists, social workers and nurses to treat more than 32,000 mentally ill inmates, or about one specialist for every 19 patients.

"California has invested tremendous amounts of money, resources and effort to transform its prison mental health care system into one of the best in the country," the state said in one of its recent court filings.

Inmates' attorneys say the efforts so far are not enough and that more mental health facilities must be built and staffed. They also say more must be done to reduce a suicide rate that exceeds the national average for state and federal prisons.

California's prison suicide rate was 24 per 100,000 inmates in 2012. That compares to 16 per 100,000 inmates in other state prisons and the historical average of nine suicides per 100,000 inmates in federal prisons.


Officials: Fla. lawyer at center of $300M scheme
Court News | 2013/03/14 15:05
One of the men who authorities say was at the center of a scam to use a veterans charity as a front for an illegal gambling operation worth nearly $300 million was a well-known attorney who once ran a marathon in a suit as a publicity stunt.

Another man involved in the case was described by friends as a small-town “pool hustler” in South Carolina. Jacksonville attorney Kelly Mathis was identified by authorities as the man at the center of the alleged racketeering scheme. Two other men charged as co-conspirators had experience running gaming parlors, including Johnny E. Duncan, who was charged more than 20 years ago with creating a fake charity to sponsor bingo gaming, which allowed the games to operate tax-free. The other man, Jerry Bass, had previously worked as general manager of a video poker parlor in South Carolina.

Authorities said Mathis made about $6 million from the operation. During a news conference Wednesday, Florida Attorney General Pam Bondi unveiled a poster with a photo of Mathis in the center and linked to dozens of alleged gambling operations. Officials said he was the registered agent for 112 businesses related to the investigation. Nearly 60 people have been arrested so far.


Former Chicago Bear pleads guilty to tax charges
Headline Legal News | 2013/03/11 15:06
Former Chicago Bears player Chris Zorich pleaded guilty Thursday to federal tax charges, admitting to the judge that he didn't file "in a timely fashion."

The 43-year-old faced four misdemeanor counts of not filing federal income tax returns from 2006 to 2009. Over that time, he allegedly made more than $1 million, including income from a charity he founded.

The judge asked Zorich if he knew he was wrong not to file the returns.

"Yes, your honor," Zorich said, wearing a black suit and tie.

His attorney previously said Zorich was looking forward to putting the case behind him.

The Chicago native was on the 1988 Notre Dame team that won a national championship. He played for the Bears from 1991 to 1996 and ended his career with the Washington Redskins in 1997.

Zorich must pay $71,000 in back taxes as part of a plea agreement. He is to be sentenced July 12. Each count carries a maximum sentence of a year in prison and a $100,000 fine.


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