CourtSide - The FindLaw Breaking Legal News Blog

September 2011 Archives

Judge Denies Injunction in Alabama Immigration Lawsuit

A federal judge in Alabama has denied the United States' request for a preliminary injunction blocking the most controversial portions of a recently-enacted Alabama law dealing with immigration enforcement. The judge found that the U.S. government failed to meet the requirements for such an injunction.

Feds, States Take Obamacare Case to the Supreme Court

The Department of Justice and a group of 26 states have filed simultaneous petitions for a writ of certiorari with the Supreme Court as part of the states' constitutional challenge to the Patient Protection and Affordable Care Act. The petitions seek review of a recent decision by the Eleventh Circuit. That decision held that the individual mandate portion of the Act was unconstitutional, but also upheld the constitutionality of the majority of the Act.

Groupon Faces Another Lawsuit Over Unpaid Overtime

Groupon, a daily deal website, has been hit with a second lawsuit in as many months alleging failure to pay overtime to its employees. In the current lawsuit, a "deal-vetter", an employee who reviews Groupon sales paperwork to ensure completeness, has filed suit for herself and on behalf of others similarly situated claiming that Groupon violated state and federal law by failing to pay overtime for work in excess of 40 hours. The suit follows a similar suit filed in August on behalf of Groupon account executives.

Jaycee Dugard Sues Feds Over Her Kidnapping and Imprisonment

Jaycee Dugard, the woman kidnapped as a child by convicted sex offender Phillip Garrido and imprisoned for 18 years, has filed a lawsuit under the Federal Tort Claims Act seeking damages for the federal government's allegedly negligent handling of Garrido's parole.

Don't Ask Don't Tell Repeal Goes Into Effect

The repeal of the law known as "Don't Ask, Don't Tell" has gone into effect, as outlined in this memo from the Department of Defense. The memo gives effect to the implementation of the Don't Ask, Don't Tell Repeal Act of 2010 and announces that "effective, today statements about sexual orientation or lawful acts of homosexual conduct will not be considered as a bar to military service... ."

Judge Unseals Video of Court Proceedings in Prop 8 Case

A federal judge in San Francisco has ordered the unsealing of digital recordings made of court proceedings in the challenge to Proposition 8, the California ballot measure that created a state constitutional ban on same-sex marriages. The judge issued the order after finding no compelling reason to keep the recordings under seal.

Supreme Court Halts Texas Execution

The U.S. Supreme Court has granted an application for a stay of execution by a Texas man just hours before the execution was scheduled to take place. The stay of execution is temporary pending the disposition of the condemned man's application for a writ of certiorari to argue his claims before the Court that his death sentence was tainted by the racially prejudicial testimony of a psychiatrist.

Federal Government Issues Report on Causes of BP Oil Spill

The Bureau of Ocean Energy Management, Regulation and Enforcement and the U.S. Coast Guard have released a report on their investigation of the causes of the explosion on the Deepwater Horizon oil right and the subsequent oil spill.  The report contains the conclusion that BP, Transocean and Halliburton violated numerous federal offshore safety regulations.

Feds Sue Financial Institutions Over Bad Mortgages

The Federal Housing Finance Agency has filed lawsuits against 17 financial institutions alleging violations of federal securities law and common law in the sale of mortgage-backed securities to Fannie Mae and Freddie Mac.  The FHFA claims that the marketing and sales descriptions provided by the financial institutions misrepresented the nature and risk of the securities in question.