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Ind. court to hear appeal in IBM welfare lawsuit
Court Watch | 2013/11/22 17:28
A panel of three judges will hear Indiana's appeal of a lower court ruling ordering it to pay IBM Corp. $52 million over a failed welfare privatization project.

The Indiana Court of Appeals will take up the matter Monday. Both sides will have 45 minutes to present their cases.

Former Gov. Mitch Daniels outsourced the intake of welfare clients to a team of private contractors led by IBM in 2006. He canceled the 10-year, $1.37 billion contract with Armonk, N.Y.-based IBM in 2009 amid widespread performance complaints from clients, their advocates and federal officials.

The state sued IBM for breach of contract and the company countersued. A Marion County judge ruled last year that neither side deserved to win but awarded IBM $52 million, far less than it was seeking.


Republicans block nominee to key appeals court
Court Watch | 2013/11/22 17:28
Senate Republicans on Monday blocked President Barack Obama's nomination of Robert L. Wilkins to a key appellate court, continuing a nomination fight that has stoked partisan tensions in the Senate.

Wilkins, a District Court judge in Washington who in 2010 was confirmed by the Senate on a voice vote, was nominated to fill one of three vacancies on the U.S. Court of Appeals for the District of Columbia Circuit. He is the third straight nominee to the powerful court that Republicans have stopped from being seated.

The Senate voted 53-38 in favor of ending Republican-led delays, falling short of the 60 votes required to advance Wilkins' nomination. Republican Sens. Lisa Murkowski of Alaska and Susan Collins of Maine voted with Democrats to end debate.

The Court of Appeals for the District of Columbia is often referred to as the second most powerful court in the country, after the Supreme Court. Informally known as the D.C. circuit, the court's influence stems from its caseload — it rules on administration orders and regulations — and because some of its judges become Supreme Court justices. The D.C. circuit currently has eight active judges evenly divided between Democratic and Republican nominees.


Court reinstates death penalty notice for Monfort
Court Issues | 2013/11/18 23:58
The state Supreme Court ruled Thursday that King County prosecutors can seek the death penalty against a man accused of killing a Seattle police officer.

In a unanimous decision, the high court overturned a February King County Superior Court ruling that had found that Prosecutor Dan Satterberg's decision to seek the death penalty against Christopher Monfort was invalid because he relied on a mitigation investigation by his office, rather than waiting for evidence from the defense. The Supreme Court reinstated the death penalty notice, and sent the case back to the trial court to proceed.

Monfort is accused of killing Officer Tim Brenton and wounding another officer as they sat in a patrol car Oct. 31, 2009, as well as setting fires to police cars earlier that month. Monfort was wounded by police during his arrest about a week later in Tukwila. He is paralyzed from the waist down and confined to a wheelchair.

Nearly 10 months after Monfort was arraigned, Satterberg announced he would seek the death penalty. At the time, his office had conducted interviews with more than two dozen of Monfort's friends, acquaintances and family members to see if there was mitigating evidence. Satterberg had not considered any mitigating evidence presented by defense attorneys, because they hadn't given him any.

Under state law, mitigating circumstances that could merit leniency include mental disturbance or disease.


Man pleads guilty in hole-in-one prize case
Topics | 2013/11/18 23:58
Man pleads guilty in hole-in-one prize case

A businessman charged with failing to pay golfers for hole-in-one prizes insured by his company has pleaded guilty to a misdemeanor charge and agreed to pay a Montana man $10,000 of a promised $18,000 prize.

Kevin W. Kolenda of Norwalk, Conn., didn't attend Thursday's hearing before Justice of the Peace Karen Orzech in Missoula. His attorney, Brian Tipp, entered a guilty plea on Kolenda's behalf to acting as an insurer without a license. In exchange, prosecutors dismissed a felony insurance fraud charge. Kolenda was given a six-month suspended jail sentence.

Kolenda is the former president and CEO of hole-in-won.com, a company that collects premiums and agrees to pay cash prizes to winners of hole-in-one contests. He has been charged with failing to pay prizes in several states. Last month, he pleaded guilty in Seattle to two felony counts of selling insurance without a license and one count of first-degree theft. He has not been sentenced.

Complaints of Kolenda's company failing to pay prizes have been filed in several other states, and he has been sanctioned by regulators in Alabama, Connecticut, Massachusetts, Nevada, North Carolina and Washington. Connecticut officials fined Kolenda $5.9 million in 2009 for illegally offering insurance without a license.

Kolenda was charged in Montana after Troy Peissig was denied an $18,000 prize after hitting a hole-in-one during a 2010 golf tournament in Missoula.


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