The proposed changes in public retirement benefits were controversial enough to draw thousands of protesters to the state Capitol throughout the legislative session, many of them current or retired teachers. Lawmakers made several concessions, such as dropping a plan to reduce cost-of-living adjustments on pensions for retired teachers, who do not collect Social Security benefits in Kentucky. … [Read more...] about Kentucky Supreme Court unanimously strikes down controversial pension law
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The proposed changes in public retirement benefits were controversial enough to draw thousands of protesters to the state Capitol throughout the legislative session, many of them current or retired teachers. Lawmakers made several concessions, such as dropping a plan to reduce cost-of-living adjustments on pensions for retired teachers, who do not collect Social Security benefits in Kentucky. … [Read more...] about ‘Landmark win for every teacher.’ Kentucky Supreme Court strikes down pension law.
WASHINGTON -- The Supreme Court cleared the way Friday for the Trump administration to tap billions of dollars in Pentagon funds to build sections of a border wall with Mexico.The court's five conservative justices gave the administration the greenlight to begin work on four contracts it has awarded using Defense Department money. Funding for the projects had been frozen by lower courts. The court's four liberal justices wouldn't have allowed construction to start.The justices' decision to lift the freeze on the money allows Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump tweeted after the announcement: "Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunction, allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!"A trial court initially froze the funds in May and an appeals court kept that freeze in place earlier this month. The freeze had prevented the … [Read more...] about Supreme Court allows use of Pentagon funds for border wall
The plaintiffs, Fannie Lee Tillman and Shirley Richardson, were borrowers of limited financial means who signed loan agreements with Commercial Credit Loans. The loan agreements contained a standard arbitration clause that Commercial Credit had included in its loan agreements since 1996, which was nonnegotiable. The arbitration clauses required arbitration of all claims except for foreclosures or claims involving less than $15,000, barred class action claims, required the party seeking arbitration to pay a fee, shifted various arbitration costs to the losing party, required that parties bear their own attorney and witness fees, and shifted the costs of an appeal to the losing party. The plaintiffs brought suit against Commercial Credit in Superior Court for claims related to the loan agreement itself, and Commercial Credit sought to enforce the arbitration clauses. … [Read more...] about 2008 Year in Review: The Supreme Court of North Carolina
The Supreme Court made clear that, even if a controlling stockholder is not irrevocably bound to establish the entire fairness of the transaction, it will be difficult for a controlling stockholder transaction to be judged under the lenient business judgment rule standard of review. If a plaintiff can allege “a reasonably conceivable set of facts showing that any or all of those [six] enumerated conditions did not exist,” then the plaintiff’s complaint will state a claim and the case will proceed to discovery. Further, if after discovery there remain triable issues concerning whether the factors required under the six-part analysis are demonstrated, the case will proceed to trial on an entire fairness review. Functionally, even where a controlling stockholder conditions a deal on both special committee approval and majority-of-the-minority approval, it may be difficult to prevail on a motion to dismiss. Moreover, where a claim can survive a … [Read more...] about Kahn v. M&F Worldwide Corporation: Delaware Supreme Court Clarifies Standard of Review for Interested Transactions