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Ruling gives Sandusky back $4,900-a-month Penn State pension
Legal News Feed |
2015/11/14 22:22
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The state must restore the $4,900-a-month pension of former Penn State assistant football coach Jerry Sandusky that was taken away three years ago when he was sentenced to decades in prison on child molestation convictions, a court ordered Friday.
A Commonwealth Court panel ruled unanimously that the State Employees' Retirement Board wrongly concluded Sandusky was a Penn State employee when he committed the crimes that were the basis for the pension forfeiture.
"The board conflated the requirements that Mr. Sandusky engage in 'work relating to' PSU and that he engage in that work 'for' PSU," wrote Judge Dan Pellegrini. "Mr. Sandusky's performance of services that benefited PSU does not render him a PSU employee."
Sandusky, 71, collected a $148,000 lump sum payment upon retirement in 1999 and began receiving monthly payments of $4,900.
The board stopped those payments in October 2012 on the day he was sentenced to 30 to 60 years in prison for sexually abusing 10 children. A jury found him guilty of 45 counts for offenses that ranged from grooming and fondling to violent sexual attacks. Some of the encounters happened inside university facilities.
The basis for the pension board's decision was a provision in the state Pension Forfeiture Act that applies to "crimes related to public office or public employment," and he was convicted of indecent assault and involuntary deviate sexual intercourse.
The judges said the board's characterization of Sandusky as a Penn State employee at the time those offenses occurred was erroneous because he did not maintain an employer-employee relationship with the university after 1999.
The judges ordered the board to pay back interest and reinstated the pension retroactively, granting him about three years of makeup payments.
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Appeals court temporarily halts upcoming Cosby deposition
U.S. Court News |
2015/11/13 22:22
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A California appeals court on Thursday temporarily halted an order requiring Bill Cosby and his former attorney to give sworn testimony in a defamation lawsuit filed by model Janice Dickinson.
The order Thursday by the 2nd District Court of Appeal puts plans to depose the comedian and his longtime attorney on hold. The depositions were ordered to occur this month by a Los Angeles Superior Court judge on Nov. 2, but Cosby's attorneys appealed and the appellate court wants legal briefs filed by the end of the month.
An email message sent to Cosby's lawyers was not immediately returned.
"We are confident that once the Court of Appeals hears full argument on the issues it will allow the deposition of Mr. Cosby and his attorney to go forward," Dickinson's attorney Lisa Bloom wrote in an email.
Dickinson is suing Cosby for defamation over denials over her claims that she was drugged raped by the comedian in in 1982. Cosby's lawyers want the case dismissed, but a judge ordered the depositions so Dickinson's lawyers can properly oppose the motion.
She sued Cosby in May, claiming she has been re-victimized and her reputation has suffered because of pointed denials by Cosby's attorney, Martin Singer, that the comedian drugged and raped her in a Lake Tahoe, California, hotel room more than 30 years ago.
Dickinson never reported the rape to authorities and has said she was afraid if she did that her career would be damaged and Cosby would retaliate.
Cosby, 78, has never been charged with a crime and has denied allegations that he drugged and sexually assaulted women.
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Lufthansa cancels 930 flights Wednesday due to strike
Legal Line News |
2015/11/13 22:22
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Lufthansa has canceled 930 flights scheduled for Wednesday at three hubs in Germany after efforts failed to halt an ongoing strike by flight attendants.
The cancellations affect 100,000 travelers going to or from Frankfurt, Munich and Duesseldorf.
They were announced even as the airline and the union said late Tuesday they were open to mediation.
Officials for the UFO flight attendants union did not call a halt to the ongoing stoppages at Frankfurt, Munich and Duesseldorf, but indicated they would be open to mediation under certain conditions, the dpa news agency reported. A mediation proposal had been sent by the company.
As things stood, the union was to strike long-haul and local flights Wednesday through Friday at the three airports. The strike action started Friday and took a break Sunday.
Lufthansa has been able to carry out most flights despite extensive cancellations.
A court decision in the German city of Duesseldorf added to uncertainty. The labor court there ordered a temporary halt to the strike in that town, saying the strike's goals were not clearly formulated.
Court spokeswoman Anke Salchow said the decision only applied Tuesday. The court was to hear another request from Lufthansa on Wednesday.
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Mom of slain Alabama infant disputes allegations
Legal News |
2015/11/11 22:22
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A woman charged in the death of her infant daughter ? who authorities say was killed by an 8-year-old boy ? disputes allegations that she left the children home alone, her attorney said Wednesday.
Police say Katerra Marsha Lewis, 26, and a friend left the 8-year-old boy to watch over five younger children while the women went to a nightclub. The boy beat Kelci Lewis to death last month when she wouldn't stop crying and placed her back in her crib as if she were asleep, police said.
The boy was charged with murder in juvenile court and placed into the custody of child welfare workers, Birmingham Police spokesman Sean Edwards said. The infant's mother faces a manslaughter charge.
Legal experts say the case will be challenging on several fronts because of the boy's age.
University of Alabama associate law professor Jenny Carroll said in many jurisdictions, children under the age of 10 or 12 are presumed not to have the capacity to form criminal intent and have difficulty understanding court proceedings.
"We recognize that children don't have the same thought processes and don't have fully developed decision-making processes at that age," said Carroll, who has represented juvenile offenders.
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