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Supreme Court to hear another arbitration argument
Headline Legal News | 2011/05/01 09:01
The Supreme Court will consider a plea from companies that cater to people with bad credit to keep disputes with their customers out of court and in the more business-friendly forum of arbitration.

Days after handing businesses a huge victory by limiting class action claims against them, the court said Monday it will take up a new arbitration dispute in the fall.

The new case involves consumer complaints about companies that issue low-rate credit cards to people with bad credit ratings. The consumers said they were promised an initial $300 in available credit, but were charged $257 in fees in the first year they had the credit card.

The consumers sued in federal court, but the companies say the dispute must be handled by an arbitrator, under an agreement the customers signed to receive the card.

The federal Credit Repair Organizations Act, signed by President Bill Clinton in 1996, says consumers have a right to sue, which the federal appeals court in San Francisco interpreted as a right to go into court, rather than be forced to submit to arbitration. Appeals courts in Atlanta and Philadelphia have ruled otherwise in evaluating the same language in the law.


High court takes no action on Va. health care case
Headline Legal News | 2011/04/17 09:57
The Supreme Court has taken no action on Virginia's call for speedy review of the health care law.

Virginia Attorney General Ken Cuccinelli is asking the court to resolve questions about the law quickly, without the usual consideration by federal appellate judges and over the objection of the Obama administration.

The case was among those that were scheduled to be discussed in the justices' private conference on Friday, but there was no announcement about the case when the court convened on Monday.

The silence could mean, among other things, that one justice asked for more time to think about the case or to write a short opinion that would accompany an order.

The justices meet again on Friday to discuss pending cases.


Court turns down appeal in murder plot case
Headline Legal News | 2011/04/16 09:56
The Supreme Court has rejected an appeal in a murder-for-hire plot after the star prosecution witness forged documents used at trial and lied about his military background.

The court said Monday it will not review a divided appeals court ruling that, by a 6-5 vote, upheld the conviction of Idaho businessman David Hinkson for plotting to kill a federal judge, prosecutor and tax agent. Hinkson is serving a 43-year prison term.

Earlier, a three-judge panel on the San Francisco-based 9th U.S. Circuit Court of Appeals had decided that Hinkson deserved a new trial because the witness, Elven Joe Swisher, lied about his war record, including presenting forged documents.

Swisher later was convicted of defrauding the government of nearly $100,000 in veterans' benefits and wearing unauthorized military medals.


Wis. public court record access may be threatened
Headline Legal News | 2011/04/10 12:06

Wisconsin court officials fear the court's data management system, including a popular site that allows anyone to easily look up the criminal records of friends and neighbors, could be on shaky ground if the governor's proposed budget breaks up its funding mechanism.

Gov. Scott Walker's proposed budget would end a dedicated funding stream for Consolidated Court Automation Programs, the data management system for the state courts system. State law now gives the system $6 out of every $21.50 charged as part of the Justice Information System Surcharge included in most court filing fees. Under the new proposal, all fee revenue would go to the Department of Administration, which would give the money to the system and a range of other programs. It would also cut the system's funding by 10 percent.

Jean Bousquet, CCAP spokeswoman, said the switch would allow DOA to move money to other programs in the future. If that happens, Consolidated Court Automated Programs would have to consolidate or cut back on non-essential services, and the Wisconsin Circuit Court Access database would likely be on the shortlist of cuts.

The WCCA site provides detailed and updated information on all past and pending court cases in the Wisconsin circuit courts system and is accessible to anyone with an Internet connection. Bousquet said while they hope cuts are not necessary, the system would likely deal with budget cuts through gradual moves.



Lawyers for NFL, players talk mediation with judge
Headline Legal News | 2011/04/09 12:05

The locked-out NFL players don't want to go back to collective bargaining with the league. They have now made a move to allow their former union boss to be present if court-supervised talks take place between the two sides.

Attorneys for the NFL and the players held a conference call Friday to discuss mediation with U.S. District Judge Susan Richard Nelson, who is currently deciding whether to lift the lockout.

League spokesman Greg Aiello confirmed the call took place and said Nelson wanted details to remain private. Jeffrey Kessler, a lawyer for the players, declined to comment.

The most notable development Friday was the formal addition of DeMaurice Smith as an attorney for the players. Smith is the executive director of the NFL Players Association, which is now officially a trade association and not a union. Lawyers who practice in a different state must file for approval through the court.

NFLPA spokesman Carl Francis confirmed that the move allows Smith to participate in any mediation sessions that might take place under Nelson's supervision.

After a hearing Wednesday on the players' request for an injunction to stop the lockout, Nelson urged both sides to resume talks toward a new labor pact. Negotiations broke down last month.

Both sides expressed a willingness to talk again after the hearing, but the NFL wants to resume negotiations before a federal mediator in Washington while the players prefer to remain in Nelson's court.



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