Friday, December 20, 2013

Affirmative action foe wins California court fight


In a bitter fight over the effects of affirmative action, the California Supreme Court ruled Thursday that law school data on race, attendance and grades should be available to the public.

The unanimous decision represents a legal victory for a law professor seeking to test his notion that minority students are actually harmed by preferential admissions policies.

University of California, Los Angeles law professor Richard Sander created a firestorm when he published his "mismatch theory" in the Stanford Law Review in 2004.

Critics swiftly attacked his conclusions, saying Sander understated the positive effects of affirmative action and based his thinking on inadequate statistics.

To further his research, Sander sought data on ethnicity and scholastic performance compiled by the State Bar of California with a public records request in 2008. The state bar denied the request, prompting the lawsuit.

Information compiled by the bar, a branch of the state judiciary responsible with licensing and disciplining lawyers, is "unparalleled," Sander said after the ruling Thursday.

Wednesday, November 6, 2013

Planned Parenthood Asks Supreme Court's Help In Texas


Planned Parenthood is asking the Supreme Court to place Texas' new abortion restrictions on hold.

The group says in a filing with the high court Monday that more than a third of the clinics in Texas have been forced to stop providing abortions since a court order allowed the new restrictions to take effect Friday.

Planned Parenthood says that the 5th U.S. Circuit Court of Appeals went too far in overruling a trial judge who blocked the law's provision that requires doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.

The filing was addressed to Justice Antonin Scalia, who oversees emergency matters from Texas.

Friday, October 4, 2013

Appeals court moves BP forward in settlement dispute


The April 2010 blowout of BP's Macondo well off the Louisiana coast triggered an explosion that killed 11 workers on the Deepwater Horizon drilling rig and led to millions of gallons of oil spilling into the Gulf. Shortly after the disaster, BP agreed to create a $20 billion compensation fund that was administered at first by the Gulf Coast Claims Facility, led by attorney Kenneth Feinberg.

BP argued that Barbier and court-appointed claims administrator Patrick Juneau misinterpreted terms of the settlement. Plaintiffs' lawyers countered that BP undervalued the settlement and underestimated how many claimants would qualify for payments.

In the panel's majority opinion, Judge Edith Brown Clement said BP has consistently argued that the settlement's complex formula for compensating businesses was intended to cover "real economic losses, not artificial losses that appear only from the timing of cash flows."

"The interests of individuals who may be reaping windfall recoveries because of an inappropriate interpretation of the Settlement Agreement and those who could never have recovered in individual suits for failure to show causation are not outweighed by the potential loss to a company and its public shareholders of hundreds of millions of dollars of unrecoverable awards," Clement wrote.

Judge Leslie Southwick wrote a concurring opinion. Judge James Dennis wrote a partial dissent, largely disagreeing with the other two.

"Because BP has not satisfied its heavy burden of showing that a change in circumstances or law warranted the modifications it sought, the district court correctly affirmed the Administrator's decision rejecting BP's argument and actions to modify the agreement," Dennis wrote.

Wednesday, August 28, 2013

Judge denies motions in WVU media rights laws

A judge has denied several motions to dismiss West Virginia Radio Corp.'s lawsuit over how West Virginia University awarded a media rights contract for sporting events.

Judge Thomas Evans on Monday rejected requests by WVU Board of Governors, the WVU Foundation and other parties to dismiss the lawsuit in Monongalia County Circuit Court. The motions were based on arguments that West Virginia Radio had failed to make a case for fraud and a violation of public procurement laws. Evans ruled these are important public policy matters and need to be heard.

The network wants Evans to stop WVU from finalizing a 12-year contract with North Carolina-based IMG College.

The judge also is hearing arguments on West Virginia Radio's motion to block the deal and reset the clock to June.

Thursday, June 27, 2013

Houston, Texas - Workplace Hazards Lawyer

Workplace hazard Texas attorney can represent your case if you have been injured on the job due to unsafe work environments. An employer is obligated to maintain the safety of a workplace for their workers and should also provide the proper training, proper equipment, proper supervision as well as policies to ensure all safety is understood. Workplace injuries may include fall injuries, burns, amputations, paralysis and even death. Contact Padilla & Rodriguez, LLP if you are in need of a personal injury lawyer and have them represent you in a workplace hazard case today!

Thursday, May 23, 2013

Appeals court allows capital retrial of Wolfe

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.

Monday, April 8, 2013

US appeals court grants Hobby Lobby full hearing

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.

Tuesday, February 5, 2013

Employment Lawyer's Group - Wrongful Termination

Some of the most complex and financially sizable employment lawsuits center on allegations of wrongful termination. Plaintiffs in such cases range from restaurant servers and factory workers to high-level executives making six- or even seven-figure salaries, and valid causes of a wrongful termination action cover a broad spectrum.

At the Employment Lawyers Group, we have achieved many significant recoveries for people who were fired illegally. We have also helped people obtain compensation after being forced to quit due to intolerable work conditions and those whose employment contracts were violated.

http://www.venturaemploymentlawyer.com/practice-areas/wrongful-termination

Thursday, January 3, 2013

Ex-hedge fund manager pleads not guilty in NYC

A former hedge fund portfolio manager charged with engineering a record-setting inside trade scheme has pleaded not guilty to insider trading charges.

Authorities say Mathew Martoma persuaded a medical professor to leak secret data from an Alzheimer's disease drug trial. Investigators say it helped him earn more than a quarter-billion dollars in illegal profits.

Martoma appeared Thursday in federal court in Manhattan. He remains free on bail.

He was arrested in November at his $2 million Palm Beach County, Fla., home on securities fraud and conspiracy charges.

He is a former portfolio manager at an affiliate of a Stamford, Conn.-based firm owned by Steven A. Cohen, one of the world's richest men.

Martoma is the fourth person associated with SAC Capital to be arrested on insider trading charges in the past four years.