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Can the Supreme Court rescue drowning homeowners?

April 3rd, 2015

  By Noah Feldman, Bloomberg NewsBloomberg Critics of the Supreme Court’s conservative wing like to say it’s instinctively pro-business. The justices on Tuesday tested that proposition in a fascinating case about whether bankruptcy law instructs judges to void liens on underwater properties. On one side lie the interests of Bank of America, which is the petitioner [...]

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Supreme Court on Obama coal pollution rule: ‘game over’ if costs not assessed

April 3rd, 2015

Justices concerned about costs of Obama administration’s new standards Industry groups and 21 states challenge regulations on power plants Coal-burning power stations, such as the Jim Bridger Power Plant in Wyoming, are at the centre of a case currently before the US supreme court about new pollution regulations. Photograph: Jim Urquhart/Reuters/Corbis Reuters in Washington Wednesday [...]

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WITHOUT MERIT: THE EMPTY PROMISE OF JUDICIAL DISCIPLINE

April 3rd, 2015

  Elena Ruth Sassower Judicial independence is predicated on “good faith” decision-making.  It was never intended to include “bad-faith” decision-making, where a judge knowingly and deliberately disregards the facts and law of a case.  This is properly the subject of disciplinary review, irrespective of whether it is correctable on appeal.  And egregious error is also misconduct, since its [...]

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ANOTHER PLEADING – U.S. SUPREME COURT REVIEW OF FEN PHEN CASE DEFENDANT WILLIAM GALLION

April 3rd, 2015

  by  Hon. Michael Dowling Another argument to consider…. (Please take a go at polishing the foregoing) The “one bite at the apple rule” should have been applied to Gallion as a consequence of the near acquittal of Gallion in the first trial that was fair.   Gallion’s life Vis a Vis the just administration of [...]

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U.S. Supreme Court Revives Pregnancy Discrimination Act Claim

April 3rd, 2015

3/25/2015 On March 25, 2015, the U.S. Supreme Court issued a ruling overturning a lower court’s decision dismissing a woman’s Pregnancy Discrimination Act (“PDA”) case and remanded the case for further proceedings. By overturning the Fourth Circuit’s decision to reject that UPS driver’s pregnancy discrimination claim today, the Supreme Court has resuscitated the question of [...]

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COURT ACCEPTS DOJ’S ‘STATE SECRETS’ CLAIM TO PROTECT SHADOWY NEOCONS: A NEW LOW BY GLENN GREENWALD

April 3rd, 2015

@ggreenwald March 26, 2015  AT 10:34 AM   A truly stunning debasement of the U.S. justice system just occurred through the joint efforts of the Obama Justice Department and a meek and frightened Obama-appointed federal judge, Edgardo Ramos, all in order to protect an extremist neocon front group from scrutiny and accountability. The details are crucial for understanding the [...]

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Billion-dollar OxyContin verdict rests on disputed missed deadline

April 3rd, 2015

BY ADAM BEAM Associated PressMarch 26, 2015 Updated 2 hours ago   What does it cost to miss a deadline? For the company that makes the prescription painkiller OxyContin, the answer could be more than $1 billion. Kentucky is suing Purdue Pharma on claims that the company misrepresented its prescription painkiller, resulting in a wave of [...]

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Kentucky Voir Dire Rule Process

April 3rd, 2015

  By David Kramer | dkramer@dbllaw.com In a May 2014 post we discussed the case of Oro-Jimenez v. Com. 412 S.W.3d 174 (Ky. 2013), in which the Kentucky Supreme Court held, under a palpable error review standard, that the voir dire process used in Jefferson County, which does not follow the method prescribed by Kentucky court rules and administrative procedures, [...]

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U.S. Supreme Court Rules Borrowers May Rescind Residential Mortgage Loans by Written Notice

April 3rd, 2015

4/1/2015 By  Adam Brandon | Rogers Towers – Florida Banking Law Contact The Truth in Lending Act (“TILA”) requires lenders to make certain disclosures to borrowers before the parties close on a residential mortgage. TILA also affords borrowers the right to rescind a mortgage for any reason for three days after the transaction. Furthermore, if a lender [...]

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Ruling restricts court power to intervene in interrogations

April 2nd, 2015

  BY BRUCE SCHREINER Associated PressApril 2, 2015 Updated 3 hours ago s LOUISVILLE, KY. — Kentucky’s Supreme Court on Thursday restricted the authority of courts to intervene in police interrogations, ruling in a case dealing with the questioning of a man during an investigation into his mother’s slaying. In his majority opinion, Chief Justice John D. [...]

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