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High court will hear Microsoft appeal over Xbox lawsuit
Attorney Blog News |
2016/01/19 00:09
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The Supreme Court will decide whether Microsoft Corp. must face a class action lawsuit by disgruntled owners of the Xbox 360 video-game system who say the console has a design defect that scratches game disks.
The justices agreed Friday to hear an appeal from Microsoft arguing that individual claims by the plaintiffs had previously been thrown out.
Microsoft has sold more than 80 million Xbox 360 consoles and says only 0.4 percent of owners report disk scratching. The company says any damage is the result of consumer misuse and not a product defect.
A federal judge dismissed the lawsuit in 2012, ruling there were not enough complaints to justify a class action. But a federal appeals court reversed, saying it could go forward.
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Judge approves tea party group's lawsuit against IRS
Topics in Legal News |
2016/01/17 00:09
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A federal judge in Ohio has approved class-action status for a tea party group's lawsuit stemming from IRS delays in approving nonprofit status for conservative groups seeking the tax-exemption classification.
The NorCal Tea Party Patriots sued the IRS, along with workers and officials in Cincinnati and Washington, after it was revealed in 2013 that the IRS delayed approving conservative groups for the nonprofit status. The FBI investigated, but no criminal charges were filed.
The Cincinnati Enquirer reports a U.S. District Court judge in Cincinnati granted class-action status Tuesday. That means other affected groups across the country can join the case unless they opt out.
The judge also sealed the case to protect taxpayer records that might be on file with the IRS and the tea party group.
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Rome court acquits ex-Vatican accountant of corruption
Top Court Watch |
2016/01/16 00:09
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A lawyer for an Italian monsignor who was fired from his Vatican accountant's job says a Rome court has acquitted his client of corruption.
Prosecutors alleged Monsignor Nunzio Scarano was involved in a purported plot to use a private plane to try to smuggle 20 million euros (about $22 million) from Switzerland into Italy to evade taxes. They suspected the money was deposited in Switzerland to avoid Italian taxes.
Defense lawyer Silverio Sica says Scarano was acquitted of the corruption charge on Monday. According to Sica, the court convicted Scarano of slander and gave him a suspended two-year sentence.
Separately, Scarano is on trial in Salerno, Italy, for allegedly using his Vatican bank accounts to launder money. Italian prosecutors said the once highly-secretive Vatican bank amply cooperated in that case.
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Ohio's top court declines to change rules on plea deals
Topics in Legal News |
2016/01/15 00:10
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Ohio's top court decided Thursday to continue allowing defendants to plead to lesser crimes that don't bear much resemblance to the facts of the original charge.
Some trial court judges argued that such pleas undermine public confidence in the courts, saying the seriousness of a crime sometimes isn't reflected in the end result.
"Baseless pleas are an affront to the very principles our justice system was designed to promote: that is, truth and justice," Michael Donnelly, a judge in Cleveland's Cuyahoga County court, said in a letter to a Supreme Court committee reviewing the use of such pleas.
Plea bargains that stray from the facts in sex crimes can also allow defendants to avoid having to register as sex offenders, Donnelly said.
The Ohio Supreme Court without comment declined by a 4-2 vote to move the proposal forward.
Donnelly said Thursday he was disappointed but would continue to push the issue.
Connecticut, Florida and New Jersey, among other states, require a plea to have some basis in the facts of the crime.
More than 20 states limit prosecutors' ability to resolve drunken driving cases with plea bargains that dismiss or eliminate an impaired-driving charge, according to the National Center for State Courts. New Mexico allows plea bargains as long as one of the convictions includes at least one offense related to driving under the influence.
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High court raises doubts over Puerto Rico sovereignty
Top Court Watch |
2016/01/13 00:10
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The Supreme Court on Wednesday raised doubts about whether Puerto Rico should be treated as a sovereign state with powers that go beyond its status as a territory of the United States.
The justices considered the question during arguments in a criminal case involving two men who claim that Puerto Rico and the federal government can't prosecute them for the same charges of selling weapons without a permit.
The double jeopardy principal prevents defendants from being tried twice for the same offense. But there is an exception that allows prosecution under similar state and federal laws, since states are considered separate sovereigns.
Several justices said Puerto Rico's power to enforce local laws really comes from Congress, which in theory could take it away.
The case has broad political and legal implications that could affect Puerto Rico on issues ranging from taxation and bankruptcy to federal benefits. It comes as the high court prepares to hear a separate dispute later this year over whether the financially struggling Puerto Rican government can give its municipalities the power to declare bankruptcy.
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