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School residency arrests raise fairness questions
Industry News | 2011/05/10 03:19
A homeless single mother's arrest on charges she intentionally enrolled her son in the wrong school district by using her baby sitter's address is raising questions about uneven enforcement of residency rules as budget-conscious cities nationwide crack down on out-of-towners in their classrooms.

Tanya McDowell's arrest in Norwalk last month came a few months after Kelley Williams-Bolar of Akron, Ohio, was convicted of falsifying records for using her father's address to send her children to safer suburban schools.

Yet in Connecticut, Ohio and elsewhere throughout the U.S., officials acknowledge parents are routinely caught doing the same thing but rarely face criminal charges.

McDowell and Williams-Bolar are low-income black single mothers, a fact that disturbs civil rights activists who question whether they are being singled out unfairly.

McDowell returns to court Wednesday in Norwalk, where she is charged with felony larceny for allegedly stealing $15,686 of educational services by enrolling her 5-year-old in kindergarten last fall under her baby sitter's Norwalk public housing unit address. The baby sitter was later evicted.


Calif Supreme Court lifts tobacco suit deadlines
Industry News | 2011/05/06 08:43
The California Supreme Court has lifted legal deadlines for smokers who later develop diseases like lung cancer.

Lawyers who filed the lawsuit say Thursday's unanimous ruling in San Francisco will likely allow new smoker suits to be filed against the tobacco industry and keep alive lawsuits that may have been thrown out because of expired legal deadlines.

The case before the court involved former smoker Nikki Pooshs, who was diagnosed in 1989 with smoking-related chronic obstructive pulmonary disease in 1989 and a couple of years later with periodontal disease.

But Pooshs didn't sue the tobacco industry until she was diagnosed with lung cancer in 2003.

Cigarette makers argued the suit should be dismissed because California law gives people two years to file suit after discovery of an injury.


Court upholds $311K award against debt collector
Industry News | 2011/04/19 08:50
div class=entrydiv class=articlepA North Dakota law firm accused of trying to collect a $3,800 debt after the statute of limitations expired is now the one that owes a lot of money./ppAn appellate court has upheld a $311,000 jury award to a Montana man who sued the firm in 2007 over a violation of the federal Fair Debt Collection Practices Act./ppJohnson, Rodenburg amp; Lauinger appealed the April 2009 summary judgment and damages awarded to Timothy McCollough of Laurel. The case was heard in July by a special panel of the 9th U.S. Circuit Court of Appeals in Billings, including retired Supreme Court Justice Sandra Day O'Connor./ppThe panel issued a decision Friday upholding the damages. They include $1,000 statutory maximum for violating the debt collection law, $60,000 in punitive damages and $250,000 for emotional distress./ppI'm just so giddy it's all over. We're finally able to take a deep breath, McCullough told The Billings Gazette on Friday. We knew we had a good case, but it just went on forever./ppMcCullough said he hoped the case showed debt collectors that people are going to know they don't have to take the garbage. They can fight back./pp
/p/div
/div


High court takes no action on Va. health care case
Industry News | 2011/04/19 08:48
The Supreme Court has taken no action on Virginia's call for speedy review of the health care law.

Virginia Attorney General Ken Cuccinelli is asking the court to resolve questions about the law quickly, without the usual consideration by federal appellate judges and over the objection of the Obama administration.

The case was among those that were scheduled to be discussed in the justices' private conference on Friday, but there was no announcement about the case when the court convened on Monday.

The silence could mean, among other things, that one justice asked for more time to think about the case or to write a short opinion that would accompany an order.

The justices meet again on Friday to discuss pending cases.


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