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Supreme Court wrestles with administrative law judge case
Legal Focuses | 2018/04/20 00:35

The Supreme Court wrestled Monday with a case brought by a former financial adviser known for his "Buckets of Money" strategy who is challenging the appointment of the administrative law judge who ruled against him.

The case involves the Securities and Exchange Commission's administrative law judges, who conduct hearings on alleged securities law violations and issue initial decisions. The federal government employs administrative law judges in more than 30 agencies, however, giving the case the potential to have a broader impact.

During arguments Monday, Justice Anthony Kennedy wanted to know "what effect, if any" the case would have on administrative law judges in other agencies. Attorney Mark Perry suggested that the court's decision could impact some 150 administrative law judges in 25 agencies.

The question the justices are being asked to decide is whether the SEC's administrative law judges are SEC employees or instead "inferior officers" of the United States. The answer is important in determining who can appoint them to their positions.

The case before the Supreme Court involves former financial adviser Raymond J. Lucia, who as a radio show host, author and seminar leader promoted a retirement strategy he called "Buckets of Money." Lucia's strategy was that in retirement investors should first sell safer investments, giving riskier investments time to grow.


Italy's high court refuses to release migrant rescue ship
Court Line | 2018/04/19 00:36

Italy's highest court has rejected a request by a German group to release its migrant rescue boat seized eight months ago by prosecutors investigating allegations that non-governmental organizations colluded with migrant smugglers.

The German group, Jugend Rettet, said Tuesday that it was devastated by the Cassation Court's ruling and that "we will fight for the right to rescue people in danger at sea."

Doctors Without Borders said the ruling "sends a working signal (that) Europe will continue to criminalize humanitarian organizations conducting search-and-rescue operations ... rather than strengthening capacities to save lives at sea."

Prosecutors told the court that the Iuventa was seized based on three episodes in which crew members had contact with migrant smugglers. The group's spokesman, Philipp Kulker, said in Berlin that the evidence had been fabricated.


Lake County courts to switch to online filing system in May
Attorney News | 2018/04/19 00:35

Court officials in northwestern Indiana's Lake County plan to switch next month to an online filing system that's already used by nearly three-quarters of Indiana's counties.

Lake County's circuit and superior courts will switch May 21 to the Odyssey case management system that's supported by the Indiana Supreme Court. Courts in 65 of Indiana's 92 counties currently use that state-funded system.

Mark Pearman is executive director of Lake County's Data Processing Department. He tells The (Northwest Indiana) Times the state is providing the county with the Odyssey software at no cost.

Pearman says that in August, new cases filed with the Lake County Clerk's Office will be scanned into the Odyssey system. The county's court system is scheduled to switch to a completely paperless record system in January.



Supreme Court rejects anti-abortion pastor's appeal on noise
Attorney News | 2018/04/17 12:36

The Supreme Court won't hear an appeal from a pastor who challenged a state law's noise limit that was used to restrict his anti-abortion protest outside a Planned Parenthood clinic in Portland, Maine.

The justices offered no comment Monday in rejecting the appeal from the Rev. Andrew March. He sued after he said Portland police officers repeatedly told him to lower his voice while he was protesting outside the clinic. March says police invoked a part of the Maine Civil Rights Act that applies to noise outside health facilities.

March says the law "targets pro-life advocates" in violation of the Constitution. A district judge temporarily blocked its enforcement, but the federal appeals court in Boston reversed that


Clicking 'checkout' could cost more after Supreme Court case
Court Line | 2018/04/16 19:36

The Supreme Court is hearing a case this week that could affect how much customers pay for online purchases.

At issue is a rule saying that businesses don't have to collect state sales taxes when those businesses ship to a state where they don't have an office, warehouse or other physical presence.

Large retailers with brick-and-mortar stores have to collect sales taxes nationwide, but smaller online sellers can often avoid doing so.

Large retailers say the rule puts them at a competitive disadvantage. States say they're losing out in billions of dollars in tax revenue.

But small businesses that sell online say the complexity and expense of collecting taxes nationwide could drive them out of business.



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