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Selections from National Law Journal Daily Headlines June 30, 2009

By David Badertscher, PLL

Source: NLJ.com, June 30, 2009.

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Circuits split on sentencing for financial fraud

"The U.S. Court of Appeals for the 1st Circuit on Monday waded into a growing circuit split over how tough judges can be on defendants accused of financial fraud. At issue is whether judges should count people who are reimbursed for financial losses from criminal schemes as victims when deciding whether to increase a defendant's sentence."

 

Lawyers WARN of more scrutiny for employers

"As Congress considers a tougher, layoff notification law, employment lawyers are warning employers to brace for more scrutiny and potential litigation involving how they execute mass layoffs. Under the proposed law, more and smaller employers would be required to notify workers of mass layoffs or plant closings, and doubling penalties for failure to do so."

 

Supreme Court sides with white firefighters in bias case

"In a dramatic ending before it recessed for the summer, the U.S. Supreme Court on Monday ruled, 5-4, that the city of New Haven, Conn., violated the civil rights of white and Hispanic firefighters when it tossed out the results of a promotion exam after no African-Americans had passed it. The ruling in Ricci v. DeStefano, was immediately denounced by civil rights advocates as a blow to employers, public and private, who are trying to equalize job opportunities for minorities."

 

High court rules states can enforce fair lending laws

"State attorneys general won a major turf war in the U.S. Supreme Court on Monday as the justices held that states may enforce their anti-discrimination and consumer protection laws against national banks. The high court, in a 5-4 ruling, struck down a regulation issued by the chief federal regulator of national banks that pre-empted the states' power to enforce those laws. Justice Antonin Scalia, writing for the majority, said the regulation was an unreasonable interpretation of the National Bank Act."

 

7th Circuit reverses on attorneys' fees in prison suicide case

"The U.S. Court of Appeals for the 7th Circuit on Monday, reversed a Wisconsin federal judge's determination of attorneys' fees in a case brought by the estate and sisters of a girl who committed suicide in a Wisconsin state prison. "

 

Final count dropped against O'Donnell, at least for now

"A federal judge on June 29 dismissed the final criminal count against Pierce O'Donnell, who was accused of reimbursing employees of his law firm and other individuals who gave $26,000 in campaign contributions to a committee supporting a presidential candidate, believed to be former U.S. Senator John Edwards."

Full post as published by New York Supreme Court Criminal Term Library on June 30, 2009 (boomark / email).