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Judge OKs class-action settlement over Skechers
Court Watch |
2013/05/23 11:17
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A federal judge approved a $40 million class-action settlement Monday between Skechers USA Inc. and consumers who bought toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles.
U.S. District Judge Thomas B. Russell in Louisville approved the deal, which covers more than 520,000 claims. About 1,000 people eligible for coverage by the settlement opted not to take part.
Those with approved claims will be able to get a maximum repayment for their purchase _ up to $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair of Tone-Ups.
Russell also awarded $5 million for the attorneys in the case to split. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.
Two people that served as the lead plaintiffs in the case will receive payments of $2,500 each.
Russell considered multiple factors in deciding to approve the settlement and found it provides just compensation to the plaintiffs.
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Appeals court allows capital retrial of Wolfe
Court Watch |
2013/05/22 11:17
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A federal appeals court will allow a capital murder case to proceed against an accused drug kingpin from northern Virginia.
In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.
That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.
But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.
Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.
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US man pleads guilty to supporting terrorism
Court Watch |
2013/04/19 00:50
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A man who the FBI said wanted to wage violent jihad in Africa pleaded on guilty on Friday to a charge of conspiracy to provide material support to terrorists.
Randy Lamar Wilson, 26, pleaded guilty in federal court in Mobile. Under a plea agreement with prosecutors, he could face 15 years in federal prison, contingent on the information he provides about co-conspirators. U.S. District Judge Kristi DuBose set an Oct. 18 sentencing date for Wilson.
Wilson was arrested in December at the Atlanta airport while boarding a flight with his family to Mauritania.
The same day, agents arrested 25-year-old Mohammad Abdul Rahman Abukhdair, Wilson's former business partner. Charges against Abukhdair are still pending and his trial is set for August.
Federal prosecutors portrayed Wilson as an Islamic radical who wanted to reunite with Omar Hammami, an American who also grew up in Alabama and became one of the most well-known jihadists in Somalia.
Wilson told DuBose on Friday that he believed the government could prove that he intended to participate in violent jihad overseas.
Federal prosecutors said Wilson intended to "murder, maim and kidnap" people overseas.
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US appeals court grants Hobby Lobby full hearing
Court Watch |
2013/04/02 14:13
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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. |
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NY top court OKs tax on online sellers like Amazon
Court Watch |
2013/03/29 22:46
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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. |
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