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Court sets aside class-action suit by Costco women
Top Court Watch |
2011/09/17 08:53
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Citing the U.S. Supreme Court's recent Walmart ruling, a federal appeals court set aside - but did not dismiss - a class-action suit by more than 700 women who accused discount retailer Costco of using an old-boys' network to bypass them for promotions.
A federal judge in San Francisco ruled in 2007 that the women had presented enough evidence of a common culture at Costco to proceed with a single nationwide suit against the company, rather than file individual claims.
The Ninth U.S. Circuit Court of Appeals overturned that decision Friday, relying in part on the Supreme Court's ruling in June dismissing a class action against Walmart by as many as 1.5 million female employees. The high court said the women had failed to show a company-wide policy that allegedly led to gender-based disparities in pay and promotions.
Likewise, the appeals court said, the Costco plaintiffs have not yet shown that they have enough in common to justify a class action.
The court said opposing expert witnesses disagreed about a central issue - whether the company promoted women less often than men in all regions or only a few - and said U.S. District Judge Marilyn Hall Patel should have resolved the dispute before letting the case proceed. |
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Appeals court upholds sentence in Ponzi scheme
Top Court Watch |
2011/09/16 08:54
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A federal appeals court has upheld the 30-year prison sentence for a man convicted of operating what prosecutors called the largest Ponzi scheme in Louisiana's history.
In a 15-page opinion issued Friday, the 5th U.S. Circuit Court of Appeals affirmed the sentence for Matthew Pizzolato, of Tickfaw.
Pizzolato also was ordered to make over $15 million in restitution to the 165 victims he defrauded. He had offices in Baton Rouge, Covington, Hammond and Lake Charles and advertised investment services under several company names, including Gulf Region Guaranty Inc.
Prosecutors said he promised high rates of return and claimed investors' money was protected against losses, but made risky investments they didn't authorize, gave away millions to friends and family and spent much of the money on luxury items for himself. |
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Pa high court to meet in historic chamber
Topics in Legal News |
2011/09/15 08:54
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Pennsylvania's highest court plans to convene in a historic chamber in Philadelphia for the first time in more than two centuries.
Tuesday's oral arguments session in the Supreme Court Chamber in Old City Hall will be the first time the justices have used the room since 1802.
The session also will be the first to be videotaped under a court policy announced last month. The Pennsylvania Cable Network plans to record the event and air it Tuesday evening.
Cases to be heard include one involving the state's use of an $800 million surplus from a fund that helps doctors pay medical malpractice premiums to balance the state budget in 2009.
The court is using the historic courtroom as part of a commemoration of Constitution Week, which runs through Saturday. |
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Ga. court upholds Open Meetings fines
Legal Blog News |
2011/09/14 08:55
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Georgia's top court is requiring the city of Statesboro to pay the legal costs of residents who sued it for violating the state's Open Meetings Act.
The unanimous opinion released Monday upholds a Bulloch County judge's ruling that requires the city pay $4,250 in legal fees after it found the Statesboro mayor and city council met outside the Statesboro City Hall chambers to discuss the city's 2011 budget.
A group of residents sued the city, mayor and five council members and sought an injunction barring any more secret meetings, and the city appealed after a judge ruled against it in September 2010.
The opinion written by Justice Harold Melton says the Open Records Act explicitly authorizes the assessment of attorney fees. |
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W.Va. lawyer nominated to federal appeals court
Law Firm Blog News |
2011/09/09 08:57
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President Barack Obama has nominated Hamlin native Stephanie Dawn Thacker as a judge on the 4th U.S. Circuit Court of Appeals.
Thacker has been a partner in the Charleston law firm of Guthrie amp; Thomas since 2006.
Before that she spent seven years with the U.S. Department of Justice. Her work as a trial attorney there focused on prosecution and training in connection with child pornography and sexual exploitation, sex trafficking, obscenity and other offenses.
She also served as an assistant federal prosecutor and worked for the state attorney general's office.
The U.S. Senate must now consider Thacker's nomination to the Richmond, Va.-based court. The seat became vacant after the March death of Judge Blane Michael.
The 15-member court covers North Carolina, South Carolina, Maryland, Virginia and West Virginia. |
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