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Indiana, Planned Parenthood in court over funding
Legal Blog News |
2011/10/23 09:40
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Planned Parenthood of Indiana can end a dispute over a law that would cut some of its public funding if it became two separate entities, with one offering abortion services and the other offering general health services, an attorney for the state told a federal appeals court Thursday.
Solicitor General Thomas Fisher said during oral arguments before the 7th Circuit Court of Appeals in Chicago that Indiana's new law is aimed at keeping taxpayer dollars from indirectly subsidizing abortions.
He told the appeals court that Planned Parenthood of Indiana could ensure that wouldn't happen by separating its operations into two entities.
Only by separating the two can we be sure that there's no cross-subsidy, Fisher said.
Planned Parenthood's attorney, Ken Falk of the American Civil Liberties Union, told the appeals court during the 45-minute hearing that Indiana's own Medicaid agency warned state lawmakers while they were weighing the legislation that it would violate Medicaid recipients' freedom of choice by targeting the abortion provider. |
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Senate rejects GOP effort on terrorist trials
Legal Blog News |
2011/10/21 09:39
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The Senate voted early Friday to reject a Republican effort to prohibit the United States from prosecuting foreign terrorist suspects in civilian courts, handing a victory to President Barack Obama.
By 52-47, senators turned aside a proposal by Sen. Kelly Ayotte (AY-aht), R-N.H., that would have forced such trials to occur before military tribunals or commissions. The Obama administration has fought to continue bringing such cases in federal courts, with Defense Secretary Leon Panetta and Attorney General Eric Holder writing Senate leaders on Thursday that the measure would deprive them of a potent weapon against terrorism and increase the risk of terrorists escaping justice.
Obama has had numerous clashes with Congress over the handling of war on terror detainees. Congress has voted to prevent the transfer of detainees from the naval prison at Guantanamo Bay, Cuba, to the U.S. Obama has sought to close that detention facility but has been opposed by Republicans and some Democratic lawmakers.
Ayotte said it would be dangerous to let terrorists exercise the protections against self-incrimination and other rights of civilian courts that they might use to avoid surrendering critical information to investigators. Republicans cited last November's acquittal by a federal jury in New York of all but one of hundreds of charges brought against Ahmed Ghailani for his role in destroying two U.S. embassies in Africa, in which 224 people were killed. |
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Alberto Gonzales joins Nashville law firm
Legal Blog News |
2011/10/06 09:39
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Former U.S. Attorney General Alberto Gonzales, the first Hispanic attorney general in U.S. history, has joined one of Nashville’s largest law firms and will play a role in mentoring younger lawyers.
Gonzales, 56, will focus on government relations, government investigations and white-collar defense for Waller Lansden Dortch amp; Davis LLP, the firm said Wednesday.
He also will be involved in the firm’s diversity initiatives, which include a mentoring program.
“It is a great honor for me to join Waller Lansden, a firm that I greatly admire,” Gonzales said in a statement. “Waller Lansden has a reputation for providing incisive legal representation while caring deeply for its clients. The firm’s breakthrough initiatives to encourage diversity in the workplace are admirable.”
Gonzales became the first Hispanic attorney general in U.S. history when President George W. Bush appointed him in 2005.
But he left the post in 2007 under a cloud of controversy stemming from allegations that, under his watch, the U.S. Justice Department improperly hired and fired several U.S. attorneys for political reasons. |
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Class Action Filed Against Former, Current AP Execs
Legal Blog News |
2011/09/19 08:54
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A class action has been filed in the U.S. District Court for the District of New Jersey on behalf of purchasers of the securities of the Great Atlantic amp; Pacific Tea Co. Inc. (Aamp;P) for the period between July 23, 2009, and Dec. 10, 2010. The complaint, filed Sept. 9 by Robbins Geller Rudman amp; Dowd LLP, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, Philadelphia and Atlanta, claims that some former and current Aamp;P executives violated the Securities Exchange Act of 1934. Aamp;P itself wasn’t named as a defendant in the action because it filed for bankruptcy protection in December 2010.
Those named in the action are former Executive Chairman and CEO Christian Haub, former CEO and President Eric Claus, former CFO and Treasurer Brenda Galgano, Vice Chairman and Chief Strategy Officer Andreas Guldin, former CEO and President Ron Marshall, and current CEO and President Sam Martin.
The complaint alleges that during the period mentioned above, the defendants failed to disclose material adverse facts about the company’s true financial condition, business and prospects. Specifically, the class action alleges that the executives failed to reveal that Aamp;P was facing increased low-cost competition from retailers such as Walmart and Target, whichnbsp; negatively affected its business and financial condition; that the Pathmark acquisition was a “complete disaster” for the company, as Pathmark’s operations were in far worse condition than had been represented to investors; that Aamp;P wasn’t operating according to internal expectations and couldn’t achieve the guidance endorsed by the defendants; and that, as a result of these factors, the defendants lacked a reasonable basis for their positive statements about the company, its operations and prospects.
The class action seeks to recover damages on behalf of all purchasers of Aamp;P securities during the period noted above. Those who are member of this class can view a copy of the complaint or join the class action online at www.rgrdlaw.com/cases/aandp |
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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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