Decisions and Verdicts

Subterms

    Latest story

    138 Shares15 Views

    Judge Approves $418 Million Settlement That Will Change Real Estate Commissions

    by

    Home sellers will no longer be required to offer commission to a buyer’s agent when they sell their property, under an agreement with the National Association of Realtors.A settlement that will rewrite the way many real estate agents are paid in the United States has received preliminary approval from a federal judge.On Tuesday morning, Judge Stephen R. Bough, a United States district judge, signed off on an agreement between the National Association of Realtors and home sellers who sued the real estate trade group over its longstanding rules on commissions to agents that they say forced them to pay excessive fees. The agreement is still subject to a hearing for final court approval, which is expected to be held on Nov. 22. But that hearing is largely a formality, and Judge Bough’s action in U.S. District Court for the Western District of Missouri now paves the way for N.A.R. to begin implementing the sweeping rule changes required by the deal. The changes will likely go into full effect among brokerages across the country by Sept. 16. N.A.R., in a statement from spokesman Mantill Williams, welcomed the settlement’s preliminary approval.“It has always been N.A.R.’s goal to resolve this litigation in a way that preserves consumer choice and protects our members to the greatest extent possible,” he said in an email. “There are strong grounds for the court to approve this settlement because it is in the best interests of all parties and class members.”N.A.R. reached the agreement in March to settle the lawsuit, and a series of similar claims, by making the changes and paying $418 million in damages. Months earlier, in October, a jury had reached a verdict that would have required the organization to pay at least $1.8 billion in damages, agreeing with homeowners who argued that N.A.R.’s rules on agent commissions forced them to pay excessive fees when they sold their property. We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    More stories

    • 150 Shares51 Views

      in Elections

      The Town at the Center of a Supreme Court Battle Over Homelessness

      by

      A lawsuit by a group of homeless residents of a small Oregon town could reshape the way cities across the country deal with homelessness.Inside a warming shelter, Laura Gutowski detailed how her life had changed since she became homeless two and a half years ago in Grants Pass, a former timber hub in the foothills of southern Oregon.Her husband’s death left her without steady income. She lived in a sedan, and then in a tent, in sight of the elementary school where her son was once a student. She constantly scrambled to move her belongings to avoid racking up more fines from the police.“I never expected it to come to this,” Ms. Gutowski, 55, said. She is one of several hundred homeless people in this city of about 40,000 that is at the center of a major case before the Supreme Court on Monday with broad ramifications for the nationwide struggle with homelessness.After Grants Pass stepped up enforcement of local ordinances that banned sleeping and camping in public spaces by ticketing, fining and jailing the homeless, lower courts ruled that it amounted to “cruel and unusual punishment” by penalizing people who had nowhere else to go.Many states and cities that are increasingly overwhelmed by homelessness are hoping the Supreme Court overturns that decision — or severely limits it. They argue that it has crippled their efforts to address sprawling encampments, rampant public drug use and fearful constituents who say they cannot safely use public spaces.That prospect has alarmed homeless people and their advocates, who contend that a ruling against them would lead cities to fall back on jails, instead of solutions like affordable housing and social services.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 163 Shares71 Views

      in Elections

      Justice Dept. Nears $100 Million Settlement to Larry Nassar Victims Over FBI Failures

      by

      The deal, which could be announced in coming weeks, would bring an end to one of the last major cases stemming from a horrific sports scandal.The Justice Department is nearing a $100 million settlement over its initial failure to investigate Lawrence G. Nassar, the former U.S.A. Gymnastics team doctor convicted of sexually abusing girls under his care, according to people familiar with the situation.The deal, which could be announced in coming weeks, would bring an end to one of the last major cases stemming from a horrific sports scandal, with around 100 victims in line to receive compensation.The approach of a settlement comes two and a half years after senior F.B.I. officials publicly admitted that agents had failed to take quick action when U.S. national team athletes complained about Mr. Nassar to the bureau’s Indianapolis field office in 2015, when Mr. Nassar was a respected physician known for working with Olympians and college athletes. He has been accused of abusing more than 150 women and girls over the years.The broad outline of the deal is in place, but it has not yet been completed, according to several people with knowledge of the talks, speaking on the condition of anonymity to discuss continuing negotiations.The details of the settlement deal were reported earlier by The Wall Street Journal.It would be the latest in a series of big payouts that reflect the inability of institutions to protect hundreds of athletes — including the Olympic gold medalists Simone Biles, McKayla Maroney and Aly Raisman — from a doctor who justified his serial sexual abuse by claiming he was using unconventional treatments.In 2018, Michigan State University, which employed Mr. Nassar, paid more than $500 million into a victim compensation fund, believed to be the largest settlement by a university in a sexual abuse case. Three years later, U.S.A. Gymnastics and the United States Olympic & Paralympic Committee reached a $380 million settlement.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 100 Shares62 Views

      in Elections

      Woman Admits Killing Pregnant Teenager for Her Baby

      by

      Clarisa Figueroa, 51, of Chicago, pleaded guilty and was sentenced to 50 years in prison. Prosecutors say she strangled the young mother and tried to pass the baby off as her own. A Chicago woman who killed a pregnant teenager and aimed to pass the baby off as her own pleaded guilty to murder Tuesday and was sentenced to 50 years in prison, prosecutors said.In April 2019, Clarisa Figueroa, 51, who had been pretending to be pregnant, fatally strangled Marlen Ochoa-Lopez, 19, who was eight months pregnant, according to a legal document known as a bond proffer obtained by The Associated Press.Ms. Figueroa cut Ms. Ochoa-Lopez’s baby from her body in hopes of passing him off as her own, the court record said. The boy later died.Now, Ms. Figueroa is set to serve her sentence at an Illinois state prison, according to the Cook County State’s Attorney’s Office, ending a grim five-year case that stunned a community and left a husband widowed and without a son.“The memory of my infant son’s last breath in my arms is complete agony,” the baby’s father, Yovanny Lopez, said in a statement in the courtroom Tuesday, according to The A.P.Ms. Figueroa and her daughter, Desiree Figueroa, were arrested in May 2019 after investigators found Ms. Ochoa-Lopez’s car near Ms. Figueroa’s home and then discovered Ms. Ochoa-Lopez’s remains stuffed in a garbage bag in Ms. Figueroa’s garage, according to the proffer.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 138 Shares69 Views

      in Elections

      Man Sentenced to 35 Years in Prison for Kidnapping F.B.I. Worker

      by

      Juan Alvarez-Sorto and two other people were on a drug trafficking trip in 2022 when they carjacked an S.U.V. belonging to a crime victim specialist, federal prosecutors said.Curt Lauinger, an F.B.I. employee, had just left a crime scene early one morning in May 2022, and was driving toward Rapid City, S.D., when he stopped on the side of the road because he thought he was being pulled over by the police, according to court documents.As he looked out the window, records show, a man pointed a rifle and ordered him to get out of his S.U.V.Mr. Lauinger was then forced into the back seat of his vehicle, and the man, Juan Alvarez-Sorto, along with two others — Deyvin Morales and Karla Alejandra Lopez-Gutierrez — drove off, according to court documents.The three were trying to hide from the police near Red Shirt, S.D., after a high-speed chase during a trip from Colorado in which the three had planned to distribute drugs, prosecutors said. They had pulled over and planned to carjack the next vehicle that drove by, prosecutors said, apparently to continue to elude law enforcement officers.Mr. Lauinger was later able to escape after the three stopped at a gas station in Hermosa, S.D., south of Rapid City, according to court documents.It was unclear whether the three knew that Mr. Lauinger worked for the F.B.I. as a crime victim specialist, whose responsibilities include offering emotional support and legal protection.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 113 Shares60 Views

      in Elections

      In Australia, a Validation of Sorts for Brittany Higgins

      by

      More than three years after Brittany Higgins went public with her claim of rape, her case reached a conclusion of sorts.When a young former government employee said on national television in 2021 that she had been sexually assaulted in Australia’s Parliament two years earlier, it shocked the nation and unleashed a wave of anger aimed at the country’s insular, male-dominated political establishment.The employee, Brittany Higgins accused her colleague Bruce Lehrmann of raping her when she was inebriated, and said that she felt pressure from the government at the time not to report the assault. She became a figurehead for a reckoning on women’s rights that ultimately contributed to the electoral ousting of Australia’s conservative national government. But for years, there was no legal conclusion to the case.On Monday, it was finally — somewhat — settled, in a roundabout way.Mr. Lehrmann lost a civil defamation suit that he had filed against the television station that first broadcast Ms. Higgins’ account, with the judge ruling that based on the available evidence, it was more likely than not that Mr. Lehrmann had raped her.The proceedings did not take place in a criminal court, and the offense did not have to be proven beyond a reasonable doubt. Instead, the standard of proof was a balance of probabilities — a legal term meaning whether something is more likely than not to have occurred.Still, for many, this was a long-awaited validation for Ms. Higgins.“Something resembling justice has been done,” said Sarah Maddison, a political science professor at the University of Melbourne.Justice Michael Lee of the Australian Federal Court in Sydney determined on Monday that it was more likely than not that Ms. Higgins had been inebriated, unaware of her surroundings, and lying still “like a log” while Mr. Lehrmann assaulted her. The judge found that Mr. Lehrmann had been “hellbent” on having sex with her, disregarding whether she had the capacity to consent.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 138 Shares99 Views

      in Elections

      O.J. Simpson, Athlete Whose Trial Riveted the Nation, Dies at 76

      by

      He ran to football fame on the field and made fortunes in movies. But his world was ruined after he was charged with killing his former wife and her friend.O.J. Simpson, who ran to fame on the football field, made fortunes as a Black all-American in movies, advertising and television and was acquitted of killing his former wife and her friend in a 1995 trial in Los Angeles that mesmerized the nation, died on Wednesday. He was 76.The cause was cancer, his family announced on social media. The announcement did not say where he died.The infamous case, which held up a cracked mirror to Black and white America, cleared Mr. Simpson but ruined his world. In 1997, a civil suit by the victims’ families found him liable for the deaths of Nicole Brown Simpson and Ronald L. Goldman, and ordered him to pay $33.5 million in damages. He paid little of the debt, moved to Florida and struggled to remake his life, raise his children and stay out of trouble.In 2006, he sold a book, “If I Did It,” and a prospective TV interview, giving a “hypothetical” account of murders he had always denied committing. A public outcry ended both projects, but Mr. Goldman’s family secured the book rights, added material imputing guilt to Mr. Simpson and had it published.In 2007, he was arrested after he and other men invaded a Las Vegas hotel room of some sports memorabilia dealers and took a trove of collectibles. He claimed that the items had been stolen from him, but a jury in 2008 found him guilty of 12 charges, including armed robbery and kidnapping, after a trial that drew only a smattering of reporters and spectators. He was sentenced to 9 to 33 years in a Nevada state prison. He served the minimum term and was released in 2017.Over the years, the story of O.J. Simpson generated a tide of tell-all books, movies, studies and debate over questions of justice, race relations and celebrity in a nation that adores its heroes, especially those cast in rags-to-riches stereotypes, but has never been comfortable with its deeper contradictions.A complete obituary will appear soon. More

    • 113 Shares125 Views

      in Elections

      City of Miami Racially Gerrymandered Voting Districts, Judge Finds

      by

      The federal judge threw out the city’s voting map, rejecting the rationale that city commissioners have used for more than 20 years.The City of Miami unconstitutionally gerrymandered voting districts by race and ethnicity, a federal judge found on Wednesday, throwing out the city’s voting map and rejecting the way city commissioners have tried to hold on to power for more than two decades.Judge K. Michael Moore of the Federal District Court in Miami wrote that commissioners had used redistricting rationale since 1997 to draw five districts with the explicit intent of having voters elect three Hispanic commissioners, one Black commissioner and one non-Hispanic white commissioner.“Sorting voters on the basis of race, as the city did here, deprives Miamians of the constitutional promise that they receive equal protection under the law,” Judge Moore wrote. “These are the serious harms that the city perpetuated, and Miamians suffered. Today, the court permanently prevents the city from racial gerrymandering any longer.”The ruling comes as scandal has roiled City Hall.Mayor Francis X. Suarez, who briefly sought the Republican presidential nomination, has been dogged by controversies over undisclosed work for clients outside City Hall. Last year, a jury held Commissioner Joe Carollo liable for more than $63 million in damages for siccing inspectors on two businessmen as political retribution.A former commissioner, Alex Díaz de la Portilla, faces bribery and money laundering charges in a case involving a city land deal. (He has pleaded not guilty.) Another former commissioner, Sabina Covo, has been under investigation for bribery. (She has denied wrongdoing.) The city attorney, Victoria Méndez, has been accused in a lawsuit of being involved in a house-flipping scheme with her husband. (She has denied involvement or wrongdoing.)As a result of Judge Moore’s ruling, the city could be forced to hold a special election or to draw a new voting map. The next municipal elections are supposed to take place in November 2025. Commissioners, who are nonpartisan, serve staggered four-year terms.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 88 Shares83 Views

      in Elections

      The History Behind Arizona’s 160-Year-Old Abortion Ban

      by

      The state’s Supreme Court ruled that the 1864 law is enforceable today. Here is what led to its enactment.The 160-year-old Arizona abortion ban that was upheld on Tuesday by the state’s highest court was among a wave of anti-abortion laws propelled by some historical twists and turns that might seem surprising.For decades after the United States became a nation, abortion was legal until fetal movement could be felt, usually well into the second trimester. Movement, known as quickening, was the threshold because, in a time before pregnancy tests or ultrasounds, it was the clearest sign that a woman was pregnant.Before that point, “women could try to obtain an abortion without having to fear that it was illegal,” said Johanna Schoen, a professor of history at Rutgers University. After quickening, abortion providers could be charged with a misdemeanor.“I don’t think it was particularly stigmatized,” Dr. Schoen said. “I think what was stigmatized was maybe this idea that you were having sex outside of marriage, but of course, married women also ended their pregnancies.”Women would terminate pregnancies in several different ways, such as ingesting herbs or medicinal potions that were thought to induce a miscarriage, Dr. Schoen said. The herbs commonly used included pennyroyal and tansy. Another method involved inserting an object in the cervix to try to interrupt a pregnancy or terminate it by causing an infection, Dr. Schoen said.Since tools to determine early pregnancy did not yet exist, many women could honestly say that they were not sure if they were pregnant and were simply taking herbs to restore their menstrual period.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More