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High court rejects quick review of health care law
Legal Business |
2011/04/25 09:27
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The Supreme Court rejected a call Monday from Virginia's attorney general to depart from its usual practice and put review of the health care law on a fast track. Instead, judicial review of President Barack Obama's signature legislation will continue in federal appeals courts.
The justices turned down a request by Virginia Attorney General Ken Cuccinelli, a leading opponent of the law, to resolve questions about its constitutionality quickly. The Obama administration opposed Cuccinelli's plea.
Only rarely, in wartime or a constitutional crisis, does the court step into a legal fight before the issues are aired in appellate courts. Hearings already are scheduled in May and June in three appeals courts.
The case still could reach the high court in time for a decision by early summer 2012.
Cuccinelli said he asked for speedy review to end "crippling and costly uncertainty" about the law. |
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Court denies Va. inmate's lawsuit over beard
Court News |
2011/04/23 09:27
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A federal court has denied a Muslim inmate's lawsuit claiming the Virginia prison system violated his religious rights by refusing to allow him to grow a 1/8-inch beard.
William Couch challenged the Department of Corrections' grooming policy that bans long hair or beards.
A federal court in Harrisonburg sided with the department Thursday.
Couch's attorney, Jeffrey Fogel, filed an appeal Monday. He argues the beard is too short to allow Couch to easily change his appearance or hide weapons, which is the department's reason for the policy.
A federal appellate court ruled against a group of inmates who sued the department after the grooming policy was instituted in 1999. Several lived in segregation for more than a decade until the department developed a separate living space for them last year. |
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Treasury risks overpaying law firms
Court Watch |
2011/04/18 09:57
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The Treasury Department paid out more than $27 million to law firms overseeing the financial bailouts without requiring detailed bills or questioning the incomplete records that the lawyers provided, a government watchdog says.
Treasury's "current contracts and fee bill review practices create an unacceptable risk that Treasury, and therefore the American taxpayer, is overpaying for legal services," the Special Inspector General for the Troubled Asset Relief Program said in a report issued Thursday.
Treasury could not have adequately gauged whether the fees were reasonable because the records are so sparse, the report says.
The report criticizes so-called "block billing," in which law firms submit "vague and inadequate descriptions of work, and administrative charges — all of which should have been questioned before payment," the report says.
Treasury staff failed to question the charges for work that was described vaguely, the report says. |
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Judge Considers $30M Dairy Antitrust Settlement
Court Watch |
2011/04/18 09:57
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A federal judge in Vermont is considering moving forward with a partial settlement of an anti-trust lawsuit in which national dairy processor Dean Foods would pay some northeast dairy farmers $30 million.
But U.S. District Court Judge Christina Reiss said Friday she may defer a decision on part of the settlement that would require Dean Foods of Dallas to change its milk-buying practices in the region for 30 months by buying milk from independent farmers, a controversial provision that the plaintiffs say would jump start competition but a national dairy cooperative says would harm some farmers.
"I am likely to sever the settlement," Reiss told lawyers during a hearing on Friday.
Farmers have complained for years that Dean, the cooperative Dairy Farmers of America and its marketing affiliate Dairy Marketing Services have come to dominate the milk-buying market and have held down prices paid to farmers.
By agreeing to the settlement, Dean Foods does not admit any liability and "continues to maintain that it has not broken any laws," Dean Foods' attorney Paul Friedman said Friday.
It settles a class action lawsuit filed in 2009, which means 5,000 to 10,000 farmers could get a share of the settlement.
During the more than two-hour hearing, both sides urged Reiss to approve the deal, which plaintiff lawyer Kit Pierson said was "reached after extraordinarily difficult negotiations with Dean Foods." |
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Democrats criticize hiring of firm for House remap
Legal Business |
2011/04/18 07:56
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Democratic lawmakers are raising complaints about Republican House Speaker Jim Tucker's decision to hire a law firm with national GOP ties to submit the state House remap to federal officials.
The head of the House redistricting committee, Democratic Rep. Rick Gallot, said Friday the choice creates the appearance of impropriety because the firm had given the Republican delegation advice about redistricting.
The Senate is using its staff to do its redistricting submission.
Tucker has hired Washington, D.C.-based Holtzman Vogel PLLC to guide the redesign of the 105 House districts to the U.S. Justice Department for review under the Voting Rights Act.
Tucker says he chose a firm with the expertise needed for the complex legal work.
The managing partner of Holtzman Vogel is chief counsel to the Republican National Committee. |
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