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Split over union law reaches Wis. court race
Court Watch | 2011/04/06 09:14

The slim margin between Wisconsin Supreme Court Justice David Prosser and his challenger, JoAnne Kloppenburg, has grown slightly in favor of the incumbent as late election numbers are tallied.

But the race that reflected Wisconsin's fight over union rights is still too close to call Wednesday morning. With 99 percent of precincts reporting, conservative-leaning Prosser is leading Kloppenburg by 835 votes. Final, official results could vary and a recount appears likely.

The race highlights the divide in the state over Republican Gov. Scott Walker's collective bargaining law, which would strip public workers of nearly all their union rights. The issue, which could ultimately be decided by the state Supreme Court, has propelled the relatively unknown Kloppenburg into prominence and heightened voter interest in the election.



Louisiana to get $12M in Health Net case
Court Watch | 2011/04/06 09:13

The Louisiana Supreme Court has ordered Health Net Inc., a major health maintenance organization, to cover more than $180 million in claims by consumers, health care providers and creditors in Louisiana, Oklahoma and Texas.

Louisiana Insurance Commissioner Jim Donelon told The Advocate that Louisiana will get the smallest portion of the payout.

"We have about $12 million coming to us to policyholders, providers and general creditors, meaning companies who sold them supplies or that rented them space," Donelon said.

Donelon said the unanimous ruling, issued Friday, will reimburse all of AmCare Louisiana HMO's members, providers, and creditors for any losses caused by Health Net's conduct.

Health Net sold health plans in the three states to AmCareco Inc. in 1999. In 2002, the troubled health plans were placed under state supervision. Each of the state's insurance departments sued AmCareco and Health Net, alleging fraud, negligence, conspiracy and breach of fiduciary duty.

In 2005, a state district court jury awarded the Texas plaintiffs around $100 million in damages. In 2005, a state judge in Baton Rouge issued similar verdicts against Health Net and awarded $30 million to the Louisiana and Oklahoma plaintiffs.



Blockbuster showdown coming today in bankruptcy court
Court Watch | 2011/04/02 23:37

Several bidders are set to duke it out for Blockbuster Inc. at a bankruptcy auction in New York today. They reportedly include Dish Network Corp. and billionaire investor Carl Icahn.

The movie-rental chain has received several bids other than the opening bid of $290 million from a group of debtholders made in February. Blockbuster filed for Chapter 11 bankruptcy protection in September.

Dish and Icahn have each submitted a bid, The Wall Street Journal reported Friday, citing anonymous sources familiar with the matter.

Dish Network declined to comment. Icahn could not immediately be reached for comment.

Jay Indyke, attorney for the committee of unsecured creditors, says several bids had come in but did not specify who they are from.

Icahn has been expected to make a bid. He was part of the group of debtholders that provided Blockbuster financing to operate while in bankruptcy in September. Everyone in that group, except for Icahn, made an opening bid in February, known as a “stalking horse” bid, to buy Blockbuster for $290 million.

Blockbuster used to dominate the U.S. movie rental business. But it lost money for years as that business declined because customers shifted to Netflix Inc., video on demand and DVD rental kiosks.

Prospective bidders are either after Blockbuster’s assets, such as its name, kiosks and movie-download service, or the money they can make from liquidating the brand, analysts said.



Court nixes new rape trial in dispute over poem
Court Watch | 2011/03/24 09:28

A court has overturned a decision granting a new trial to a convicted rapist who claimed his rights were violated when a poem written by the victim was kept out of evidence during trial in Wayne County.

The poem expressing regret about alcohol and sex was written before the woman's encounter with Dustin Wiecek in 1999.

A federal judge says the exclusion hurt Wiecek's ability to fully confront his accuser at trial about her personal life. But a U.S. appeals court on Wednesday disagreed, saying Wiecek's lawyer had much opportunity to challenge the woman's credibility.

Wiecek was accused of using GHB, known as a date-rape drug. He's already served 41 months in prison, more than the minimum sentence. He's been free on bond since fall 2009.



Oregon appeals court: Teeth not dangerous weapon
Court Watch | 2011/03/24 06:28

The Oregon Court of Appeals has ruled that teeth are not a dangerous weapon.

The decision Wednesday overturned a first-degree assault conviction for a Marion County man who bit off part of a neighbor's ear in 2008 in a drunken fight.

The Oregonian reports a second-degree assault conviction against 30-year-old Scott Russell Kuperus II stands. But first-degree assault involves a dangerous weapon, and teeth don't qualify.

His attorney says the first-degree assault charge that carried a sentence of 90 months in jail will be dismissed and Kuperus will be sentenced to 70 months for second-degree assault.



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