Pa.'s rhyming justice pens insurance fraud opinion

Headline Legal News 2011/12/22 10:44   Bookmark and Share
A state Supreme Court justice known for opinions written in rhyme has done it again, producing six pages of verse Thursday in the case of whether the maker of a forged check also had committed insurance fraud.

Justice J. Michael Eakin, writing for a 4-2 majority, concluded in six-line stanzas that a man's attempt to deposit a forged check appearing to be from State Farm didn't constitute insurance fraud.

"Sentenced on the other crimes, he surely won't go free, but we find he can't be guilty of this final felony," Eakin wrote. "Convictions for the forgery and theft are approbated -- the sentence for insurance fraud, however, is vacated. The case must be remanded for resentencing, we find, so the trial judge may impose the result he originally had in mind."

A dissenting three-page opinion by Justice Thomas G. Saylor didn't rhyme.

Eakin was first elected to the high court in 2001 after earning a reputation as the "rhyming judge" by issuing some opinions entirely in verse while sitting on an intermediate state appellate court in the late 1990s. Two former state Supreme Court justices, Stephen A. Zappala and the late Ralph J. Cappy, had expressed concern in the past that the practice could reflect poorly on the court.

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Environmental groups sue US over flood management

Court Watch 2011/12/21 10:44   Bookmark and Share
The National Wildlife Federation filed a motion in U.S. District Court on Wednesday, asking a judge to stop the U.S. government from issuing any more flood insurance policies for new development in flood-prone areas around the Puget Sound until it changes its flood plain plans to consider the impact on endangered species like salmon and orcas.

The motion for a preliminary injunction is the latest move in a decades-long fight to get the Federal Emergency Management Agency to pay more attention to endangered species, said Jan Hasselman, an attorney for Earthjustice, the environmental law firm that filed a motion in Seattle, on behalf of the National Wildlife Federation.

The environmental group won a lawsuit in 2004 that found FEMA did not create its flood plain management standards with the Endangered Species Act in mind. Hasselman said the National Marine Fisheries Service in 2008 issued a plan for changing the flood standards, setting various deadlines, the last of which recently passed.
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Gingrich assails judges as he courts conservatives

Court News 2011/12/20 10:23   Bookmark and Share
As he works to rev up his conservative base in Iowa with just two weeks to go until the state's caucuses, Newt Gingrich is launching a full-throated assault on a reliable GOP target: judges.

There is little love for the judicial branch among the Republicans seeking the White House. But Gingrich's ridicule has been, by far, the sharpest and the loudest. And it's taken a central role as his campaign struggles to stay atop polls in Iowa, a state where irate social conservatives ousted three judges who legalized same-sex marriage.

"I commend the people of Iowa for sending a strong signal that when judges overreach that they can find a new job," Gingrich told about 200 supporters who turned out to hear him speak in Davenport, Iowa, on Monday.

Gingrich has suggested that judges who issue what he termed "radical" rulings out of step with mainstream American values should be subpoenaed before Congress to explain themselves before facing possible impeachment. As president, he said, he'd consider dispatching U.S. marshals to round up judges who refuse to show voluntarily. In extreme cases, whole courts could be eliminated.

In the final debate before voters weigh in at the Jan. 3 Iowa caucuses, Gingrich called the courts "grotesquely dictatorial." He cast the fight in stark religious terms reminiscent of the culture wars, in which a secular, legal elite was encroaching on religious liberties.

The targets of Gingrich's strongest derision: the West Coast's 9th U.S. Circuit Court of Appeals, a perennial punching bag for the right, and a federal judge in Texas who banned prayer in a public school.

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NY top court allows private securities claims

Legal Insight 2011/12/20 10:23   Bookmark and Share
Enforcement by the state attorney general against securities fraud doesn't pre-empt private common-law claims of negligence against investment companies, New York's top court ruled Tuesday.

The Court of Appeals rejected J.P. Morgan Investment Management's argument that New York's Martin Act gives the attorney general exclusive authority over fraudulent securities and investment practices. The court said Assured Guaranty (UK) Ltd. can sue J.P. Morgan.

"We agree with the attorney general that the purpose of the Martin Act is not impaired by private common-law actions that have a legal basis independent of the statute because proceedings by the attorney general and private action have the same goal — combating fraud and deception in securities transactions," Judge Victoria Graffeo wrote.

Assured claimed breach of fiduciary duty and gross negligence, alleging J.P. Morgan invested heavily in risky mortgage-backed securities while committing to a conservative investment policy for reinsurance company Orkney RE II PLC, whose obligations Assured guaranteed. After the market crashed, Assured had to cover Orkney losses.

"Here, the plain text of the Martin Act, while granting the attorney general investigatory and enforcement powers and prescribing various penalties, does not expressly mention or otherwise contemplate the elimination of common-law claims," Graffeo wrote. The unanimous ruling upheld a midlevel court, which had reversed a judge.
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German court: killer of US airmen mentally fit

Court News 2011/12/19 11:25   Bookmark and Share
A psychologist says an alleged Islamic extremist who has admitted killing two U.S. airmen at the Frankfurt airport earlier this year is mentally fit and can be held criminally responsible for his actions.

Psychologist Norbert Leygraf testified Monday to a Frankfurt state court that 21-year-old Arid Uka, an ethnic Albanian from Kosovo, suffered from no mental illnesses at the time of the March killing and remained in fine mental health, the dapd news agency reported.

Uka faces a possible life sentence if convicted of two counts of murder and three counts of attempted murder.

Uka has confessed to the killings, saying he was trying to stop U.S. servicemen from going to Afghanistan. Under German law the court still has to review all the evidence.
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Operative gets prison for bilking NYC mayor

Topics in Legal News 2011/12/19 11:24   Bookmark and Share
A political operative convicted of bamboozling Mayor Michael Bloomberg out of hundreds of thousands of dollars was sentenced to prison Monday un a case that brought the billionaire politician to the witness stand and gave the public a behind-the-scenes look at his campaign and City Hall.

John Haggerty agreed to pay $750,000 in restitution to Bloomberg in addition to his prison term of 1 1/3 to 4 years.

Haggerty, a veteran Republican campaign consultant, was convicted in October after a trial that jurors called a crash course in the workings of politics. Besides the business-mogul-turned-mayor, the case drew in the state's third-largest political party and featured a coterie of Bloomberg insiders sketching their roles in his political, philanthropic and business affairs.

"Since starting my career, I've worked hard to make a reputation in the world of politics and government as a dedicated, honorable individual. Today, my reputation is destroyed," Haggerty told the judge in a strong voice. "If I could do it all over again, I would certainly do it much differently than I did."

He walked out of court briskly, without handcuffs, after state Supreme Court Justice Ronald Zweibel pronounced a sentence he said he felt necessary "to restore the public's confidence in the electoral process and to serve as a deterrent." Haggerty's lawyers said they planned to ask an appeals court to let him out on bail during a planned appeal.

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