Archive for the ‘Lawsuits’ Category
PENSACOLA, FL – A Florida federal judge has ruled that President Obama’s health care overhaul, “Obamacare,” is unconstitutional. The judge based his ruling on the law’s mandate that citizens must purchase health care, a requirement he said violates the Constitution. The ruling affects the 26 states who had joined together to file a case against the law, yet still has implications for the entire country.
U.S. District Judge Roger Vinson ruled Congress overstepped its bounds by instituting the individual mandate, but also said the entire law was unconstitutional since the individual mandate is not “severable.” Vinson ruled that as a result of the unconstitutionality of the “individual mandate” that requires people to buy insurance, the entire law must be declared void. ... Read Full Story
Transocean has settled its first lawsuit filed on behalf of Karl Kleppinger Jr.’s family. Karl was one of the 11 oil rig crew members killed on the night of April 20, 2010, when the Deepwater Horizon drilling rig in the Gulf of Mexico. The terms of the settlement were not disclosed.
Karl Kleppinger Jr.’s family was one of the first to sue over deaths and injuries suffered by the 126 crew members who were on the rig when it blew out while drilling a well for BP Plc off the Louisiana coast. The explosion caused the largest offshore oil spill in U.S. history, with more than 4.1 million barrels of oil spewing into the Gulf of Mexico. ... Read Full Story
A federal judge has ruled Monday that a key part of Obamacare to be unconstitutional. U.S. District Judge Henry E. Hudson declared the Obama administration’s health care law unconstitutional, siding with Virginia’s attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.
Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law’s requirement that citizens buy health insurance or pay a penalty is unconstitutional. ... Read Full Story
According to Bloomberg a legal challenge to President Barack Obama’s health-care overhaul can proceed, a federal judge ruled, turning aside Justice Department arguments that the lawsuit led by the state of Florida is at best premature.
U.S. District Judge Roger Vinson in Pensacola today allowed portions of the claims by 20 states to go forward, as he forecast he would after a day of oral arguments last month. The requirement to purchase health insurance is “simply without prior precedent,” Vinson wrote, allowing the suit to proceed. ... Read Full Story
WASHINGTON (May 17) – The Supreme Court ruled Monday that federal officials can indefinitely hold inmates considered “sexually dangerous” after their prison terms are complete. In case U.S. v. Comstock, 08-1224, the issue is may congress authorize the civil commitment of a “sexually dangerous” person even after that person has completed his or her prison sentence?
The high court in a 7-2 judgment reversed a lower court decision that said Congress overstepped its authority in allowing indefinite detentions of considered “sexually dangerous.” ... Read Full Story
HOUSTON, TX – Offshore injury lawyers, Gordon, Elias and Seely, LLP, have filed a lawsuit on behalf of the family of Karl Kleppinger, Jr, one of the missing 11 men, who to this date has not been found.
Initially, the law firm contemplated filing a possible Temporary Restraining Order (TRO) in the Transocean Deepwater Horizon explosion that took place on April 20, 2010. A TRO is filed for many reasons – one of which would be to preserve evidence or not to cause spoliation of evidence… ... Read Full Story
HOUSTON, TX – Eleven people are still missing after an oil rig explosion on April 20th in The Gulf of Mexico 41 miles off the coast of Louisiana. The families said that they were told by representatives early Friday morning that their loved ones are considered dead.
Todd Elias, a Houston maritime lawyer, who is representing Tracy Kleppinger, the wife of worker Karl Kleppinger Jr. of Natchez, Miss., said his client was told by rig owner Transocean Ltd. that her husband Karl Kleppinger, Jr is considered deceased. Attorney, Steve Gordon, said the company has sent grievers to be with Tracy Kleppinger. ... Read Full Story
SEATTLE, Nov. 2 – After a six-day trial, a federal jury dismissed Blue Niles $60.1 million claim against Yehuda Diamond Company. The Jury ruled against Blue Nile, acknowledging Yehuda Diamond’s right to compare the prices of its clarity enhanced diamonds to the untreated diamonds sold by online retailer Blue Nile.
Yehuda Diamond, based in New York, has earned widespread industry and consumer loyalty for its successful competition with Blue Nile and other online jewelers, favoring consumers not only with lower prices but also with unsurpassed expert face-to-face service and full Federal Trade Commission-compliant disclosure… ... Read Full Story
A default judgment award of 1.26 Billion was handed down on Sept. 30 by a Wisconsin state court in a case alleging that PepsiCo stole the idea to bottle and sell purified water from two Wisconsin men. PepsiCo filed motions to vacate the order and dismiss the claims on Oct. 13, saying it wasn’t even aware of the lawsuit until Oct. 6.
Charles Joyce and James Voigt sued PepsiCo in April plus two of its distributors, alleging they had misappropriated trade secrets from confidential discussions the plaintiffs had with the distributors in 1981 about selling purified water. The information was illicitly passed to PepsiCo, which used it to develop and sell Aquafina bottled water, the plaintiffs allege in the case filed in the Circuit Court of Jefferson County before Judge Jacqueline Erwin.
… ... Read Full Story
According to a legal action filed yesterday in New York, Bernie Madoff’s prison associates are quite cast of characters. Right now Madoff shares a jail cell with a 21-year-old drug dealer and hangs out with a former crime boss and an Israeli spy.
Attorneys who interviewed Madoff in jail in July used information obtained from him to file a series of claims against major banks and accountancy firms, in an action that also throws light on Madoff’s life behind bars… ... Read Full Story