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Wash. Senate hopeful sought to seal court files
Legal News | 2012/07/20 22:46

A couple months before Brad Toft emerged as the only Republican in a crucial state Senate race, he pressed officials to seal records from a past court case.

In a signed letter, Toft seemed to suggest that he wasn't the same person cited in the court files, saying that he shared a name with one of the parties but arguing that "the specific identity of the defendant is unclear." He wanted the records blocked from public inspection, declaring that the files might do damage to his reputation.

Toft, however, acknowledged to The Associated Press that he was the defendant in the case, saying he was simply exploring whether an old judgment could be vacated.


FBI investigates missing $17M in trust funds
Legal News | 2012/07/09 22:13

The FBI is investigating the apparent theft of $17 million from Northern California trust fund accounts.

The San Jose Mercury News says the money has vanished from the trust funds of dozens of Santa Clara County residents who relied on a money manager to oversee their life savings.

Probate court records show the investigation centers on accounts administered by Christine Backhouse. She handles more than $104 million in assets.

Court records show she doesn't have enough insurance to cover the missing funds.

Backhouse says a boyfriend secretly wired millions of dollars out of the trusts.

The Campbell money manager mostly handled private trusts with no judicial oversight of her fees for service.


Cal Supreme Court rules in child death case
Legal News | 2012/07/06 22:24

Welfare officials can take children from parents who negligently cause the death of a son or daughter, such as failing to place them in a car seat, even if there was no criminal harm, the California Supreme Court ruled.

The court ruled Thursday that a "breach of ordinary care" with fatal results is enough reason for child welfare agencies to act because it poses an inherent concern for the safety of siblings, the Los Angeles Times reported.

"When a parent's or guardian's negligence has led to the tragedy of a child's death, the dependency court should have the power to intervene," Justice Marvin R. Baxter wrote for the court.

"It's a big case for us, and it is a big case for the child welfare community," said Assistant County Counsel James M. Owens, who represented the Los Angeles County Department of Children and Family Services.

The case involved the 2009 death of an 18-month-old girl in South Los Angeles. Her father was driving her to a hospital after she fell off a bed and hurt her arm, according to court documents.

The baby was sitting on her aunt's lap when another car ran a stop sign and hit their vehicle.


Solar firm that got DOE loan to declare bankruptcy
Legal News | 2012/07/01 22:05

A Colorado-based solar panel maker that received a $400 million loan guarantee from the Obama administration said Thursday it will file for bankruptcy, the latest setback for an industry battered by the recession and stiff competition from companies in China.

Abound Solar of Loveland, Colo., said it will suspend operations next week, after talks with potential buyers broke down. The company received about $70 million from the Energy Department before officials froze its credit line last year.

Abound is the third clean-energy company to seek bankruptcy protection after receiving a loan from the Energy Department under the economic stimulus law. California solar panel maker Solyndra and Beacon Power, a Massachusetts energy-storage firm, declared bankruptcy last year. Solyndra received a $528 million federal loan, while Beacon Power got a $43 million loan guarantee.


Court: Union must give fee increase notice
Legal News | 2012/06/21 18:34

The Supreme Court ruled Thursday that unions must give nonmembers an immediate chance to object to unexpected fee increases or special assessments that all workers are required to pay in closed-shop situations.

The court ruled for Dianne Knox and other nonmembers of the Service Employees International Union's Local 1000, who wanted to object and opt out of a $12 million special assessment the union required from its California public sector members for political campaigning. Knox and others said the union did not give them a legally required notice that the increase was coming.

The union, and the 9th U.S. Circuit Court of Appeals, said the annual notice that the union gives was sufficient. The high court disagreed in a 7-2 judgment written by Justice Samuel Alito.

"When a public-sector union imposes a special assessment or dues increase, the union must provide a fresh ... notice and may not exact any funds from nonmembers without their affirmative consent," Alito said.

Justices Sonia Sotomayor and Ruth Bader Ginsburg agreed with the judgment but wrote their own opinion. "When a public-sector union imposes a special assessment intended to fund solely political lobbying efforts, the First Amendment requires that the union provide non-members an opportunity to opt out of the contribution of funds," Sotomayor wrote.


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