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Cal Supreme Court rules in child death case
Headline Legal News |
2012/07/06 22:47
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Welfare officials can take children from parents who negligently cause the death of a son or daughter, such as failing to place them in a car seat, even if there was no criminal harm, the California Supreme Court ruled.
The court ruled Thursday that a "breach of ordinary care" with fatal results is enough reason for child welfare agencies to act because it poses an inherent concern for the safety of siblings, the Los Angeles Times reported.
"When a parent's or guardian's negligence has led to the tragedy of a child's death, the dependency court should have the power to intervene," Justice Marvin R. Baxter wrote for the court.
"It's a big case for us, and it is a big case for the child welfare community," said Assistant County Counsel James M. Owens, who represented the Los Angeles County Department of Children and Family Services.
The case involved the 2009 death of an 18-month-old girl in South Los Angeles. Her father was driving her to a hospital after she fell off a bed and hurt her arm, according to court documents.
The baby was sitting on her aunt's lap when another car ran a stop sign and hit their vehicle. |
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GlaxoSmithKline settles healthcare fraud case
Headline Legal News |
2012/07/02 18:02
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GlaxoSmithKline Plc has agreed to plead guilty to misdemeanor criminal charges and pay $3 billion to settle what government officials said on Monday is the largest case of healthcare fraud in U.S. history.
The agreement, which still needs court approval, would resolve allegations that the British drugmaker broke U.S. laws in the marketing of several pharmaceuticals.
GSK targeted the antidepressant Paxil to patients under age 18 when it was approved for adults only, and it pushed the drug Wellbutrin for uses it was not approved for, including weight loss and treatment of sexual dysfunction, according to an investigation led by the U.S. Justice Department.
The company went to extreme lengths to promote the drugs, such as distributing a misleading medical journal article and providing doctors with meals and spa treatments that amounted to illegal kickbacks, prosecutors said. |
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Peter Madoff pleads guilty in NYC, blames brother
Areas of Focus |
2012/07/01 18:02
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In pleading guilty to criminal charges, Peter Madoff portrayed himself as a victim of a domineering older brother who he revered right up until an evening in December 2008 when his sibling revealed that his wildly successful investment business was a sham that lost its customers their nearly $20 billion investment.
"I was in total shock," Madoff said Friday as he described the confession by his older brother, Bernard. "My world was destroyed. I lost everything I worked for."
The 66-year-old Madoff, saying he was "deeply ashamed and terribly sorry," spoke angrily about his 74-year-old brother, who is serving a 150-year prison term after admitting his creation of the largest known Ponzi scheme.
"My family was torn apart as a result of my brother's atrocious conduct," he said. "I was reviled by strangers as well as friends who assumed that I knew about the Ponzi scheme."
He said his brother had made it clear that he would never become a partner in the business where he had worked since 1966, even as he was showered with tens of millions of dollars in salary, bonuses and other financial gifts. He made him the investment business's chief compliance officer. |
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High court ruling vindicates Obama on health care
Headline Legal News |
2012/06/28 16:03
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Marking a pivotal point in the presidential campaign, the Supreme Court's decision to uphold President Barack Obama's sweeping federal health care law handed the Democratic incumbent crucial election-year vindication for his signature legislative accomplishment.
Republican rival Mitt Romney, an ardent opponent of the law, prepared to use the decision for his own political gain and planned to cast himself as the next best hope for the millions of Americans who favor the law's repeal.
The decision put an end to what had been one of the biggest unknowns in the presidential race. Four months from Election Day, both Obama and Romney will seek to use the high court ruling to bolster their vision for the country, as well as raise money for their campaigns.
The Romney campaign said it had collected more than $100,000 in online donations in the hour after the decision was announced.
Both men were expected to comment around midday Thursday from Washington. Romney was scheduled to speak first, followed by Obama.
The high court announced Thursday, in a 5-4 decision, that it was upholding the requirement at the heart of the health care law: that most individuals must buy health insurance or pay a penalty. |
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Court: Madoff's brother to plead guilty in NY
Areas of Focus |
2012/06/27 16:03
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The brother of Ponzi scheme king Bernard Madoff will plead guilty on Friday to conspiracy and falsifying records, admitting his role in the multibillion-dollar fraud that destroyed the savings of thousands of investors, prosecutors told a judge on Wednesday.
Peter Madoff is the former chief compliance officer at the private investment arm of Bernard Madoff's business.
Court papers signed by a federal judge in Manhattan on Wednesday show Peter Madoff, who had worked with his brother since 1965, will plead guilty to two criminal counts, admitting his role in a conspiracy to commit securities fraud, falsify records of an investment adviser, falsify records of a broker dealer, make false filings with the Securities and Exchange Commission, commit mail fraud and obstruct the Internal Revenue service.
Assistant U.S. Attorney Lisa A. Baroni wrote in a letter to U.S. District Judge Laura Taylor Swain that, pursuant to a plea agreement with the government, Madoff had agreed "not to seek a sentence other than 10 years' imprisonment."
Madoff also agreed to the criminal forfeiture of $143 billion, including all of his real estate and personal property. The $143 billion, representing the amount of money believed to have flowed through the business accounts during the multi-decade Ponzi scheme, is included in the criminal forfeiture agreement, though authorities know that Peter Madoff's assets would never approach that figure. |
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Use new drug sentencing law in crack cases
Legal Topics |
2012/06/21 19:17
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The Supreme Court says criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of newly reduced sentences.
Corey A. Hill and Edward Dorsey were arrested in 2007 and 2008 for selling crack cocaine and faced mandatory 10-year sentences in Illinois. But they weren't sentenced until after the Fair Sentencing Act went into effect in August 2010. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.
Justice Stephen Breyer said in a 5-4 decision Thursday that the courts should have used the new law to sentence the two men.
Chief Justice John Roberts, and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented. |
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Supreme Court says tribes must be fully reimbursed
Areas of Focus |
2012/06/18 20:05
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The Supreme Court says the government must fully reimburse Native American tribes for money they spent on federal programs.
The federal government had agreed to fully reimburse money tribes spent on programs like law enforcement, environmental protection and agricultural assistance, but Congress capped the amount of money earmarked for that reimbursement. The tribes sued, and the 10th U.S. Circuit Court of Appeals in Denver said the money must be fully reimbursed.
The high court on Monday said the Ramah Navajo Chapter and other Native American tribes must get their money back.
Justice Sonia Sotomayor wrote the majority opinion for Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Elena Kagan. Chief Justice John Roberts, and Justices Ruth Bader Ginsburg, Stephen Breyer and Samuel Alito dissented. |
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