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Article • August 1, 2022 • from PLN August, 2022
Filed under: Interest
Celebrity Prisoners Profit from NFT Sales of Their Work While Incarcerated by Edward Lyon by Ed Lyon Two high-profile prisoners made nonfungible token (NFT) sales of some prison memorabilia in December 2021, adding to both the notoriety and bottom line of Michael Cohen, one-time personal lawyer to former President Donald …
Article • August 5, 2016
CA Prisoners Win Appeal in Failure-To-Pay Interest Case by The U.S. Court of Appeals for the Ninth Circuit has remanded a case filed by several California state prisoners challenging a California Department of Corrections and Rehabilitation (CDCR) practice of refusing to credit the prisoners with interest earned on their accounts. …
Article • November 16, 2015
Ninth Circuit Holds for Plaintiffs on Interest of Damages Award by Ninth Circuit Holds for Plaintiffs on Interest of Damages Award The United States Court of Appeals for the Ninth Circuit held in July 2013 for the plaintiffs, Charles and Rita Barnard, in their appeal of the district court’s decision …
Article • October 14, 2015
State Law Requires New York Officials to Pay Interest for Defaulting on Federal Settlement by State Law Requires New York Officials to Pay Interest for Defaulting on Federal Settlement The United States District Court for the Southern District of New York has ordered the City of New York and other …
Brief • July 10, 2013
Elliot v. City of New York, NY, Order Awarding Interest on Settlement, False Arrest, 2013 Case 1:11-cv-07291-RWS Document 15 Filed 07/10/13 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - --------- ------ ----------- ------ ----X SOPHIA ELLIOT and I.E., Plaintiffs, 11 Civ. against- OPINION CITY …
Brief • February 27, 2012
Brown v. City of New York, Order on Interest on Settlement, False Arrest, 2012 Case 1:09-cv-01809-RJD-MDG Document 46 Filed 02/27/12 Page 1 of 1 PageID #: 212 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------)( PRINCE BROWN, ARTHUR DOWLING, DAVID PETERSON, HASSAAN RAMKISSON and ARMANDO SWABY, Plaintiffs, ORDER …
Article • April 15, 2011
California Prisoners Now Able to Earn Interest on Funds Held In Their Trust Account by On August 1, 2008, California Governor Arnold Schwarzenegger signed Assembly Bill 439 into law. The bill, enacted in response to Schneider v. California Department of Corrections 345 F.3d 716 (9th Cir. 2003), amended Section 5008 …
Article • May 15, 2009 • from PLN May, 2009
Hawai’i Supreme Court Holds Takings Clause Requires Payment of Interest on Prisoner Trust Accounts by David Reutter Hawai’i Supreme Court Holds Takings Clause Requires Payment of Interest on Prisoner Trust Accounts by David M. Reutter The Hawai’i Supreme Court has held that prison officials have no statutory authority to divide …
Article • February 15, 2009
California Assesses Retroactive Fees For Courthouse Construction by California State prisoner Timothy McCoy appealed the assessment of fines and penalties after violating the terms of his probation. The assessment was affirmed after resolving ambiguous statutory provisions. The court noted that the decision was only applicable in Los Angeles County and …
Article • May 15, 2007
Filed under: Money/Property, Interest
Clerk Not Entitled to Interest on Principal in Fund by The United States Supreme Court held that a court clerk is not entitled to keep the interest that accumulates from monies placed in a fund under the care of the clerk on behalf of parties in litigation. Eckerd's of College …
Article • May 15, 2007
No Compensation Due to Owners on IOLTA Funds' Interest Transfers by In a 5-4 decision, a sharply-divided United States Supreme Court held that transfer of interest on client funds deposited in a pooled "interest on lawyer's trust account" (IOLTA) from the account to a government program that provides legal services …
Article • May 15, 2007
Filed under: Money/Property, Interest
Denial of Interest May Violate Due Process by A federal court in Rhode Island held that a prisoner stated a claim that denial of interest on his funds deprived him of procedural due process. Rhode Island Department of Corrections (DOC) prisoner Edward Young brought suit alleging that the denial of …
Article • May 15, 2007
No Right to Interest Bearing Accounts by The court of appeals for the Eighth circuit held that Missouri prisoners have no right to open or continue making bank deposits into interest bearing accounts. Prisons are not obligated to pay interest on trust fund accounts. Note that other courts have held …
Fifth Circuit Affirms, Remits TDCJ Employee's Damages Award by The U.S. Fifth Circuit Court of Appeals affirmed in part, remitted in part, and reversed in part the damages awarded to an employee of the Texas Department of Criminal Justice (TDCJ) in a sex and race discrimination lawsuit. TDCJ employee Beverly …
Article • March 15, 2006 • from PLN March, 2006
Sixth Circuit PLRA Fee Set at $169.50 Not $135 by The Sixth Circuit Court of Appeals joined the Ninth Circuit in holding that the maximum allowable attorney fees under the [Prison Litigation Reform Act (PLRA)] should be based on the amounts authorized by the Judicial Conference, not the amount actually …
Article • September 15, 2005 • from PLN September, 2005
Interest Awarded in New Hampshire Canteen Surcharge Fee by The New Hampshire Supreme Court held that the state was required to pay interest to all prisoners who receive pecuniary damages as a result of" Starr v. Governor, the New Hampshire canteen surcharge case. Darren Starr, a prisoner of the New …
Article • November 15, 2004 • from PLN November, 2004
Filed under: Money/Property, Interest
California Prisoner Trust Account Interest Recoverable Only Upon Proof Of Individual Loss by The Ninth Circuit U.S. Court of Appeals held that prisoners have nothing to recover in a claim for interest on their common trust account when the state's costs to administer the account exceed the interest generated, but …
Article • July 15, 2004 • from PLN July, 2004
Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy by Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy The Washington Court of Appeals held that interest which accrues statutorily on legal financial obligations (LFOs) is not dischargeable in bankruptcy proceedings. In 1992, Carol Cunningham was convicted of various drug …
Article • May 15, 2004 • from PLN May, 2004
Third-Party Beneficiaries Can Enforce Terms of Settlement by Bob Williams The Tenth Circuit court of appeals has held that a prisoner was entitled to seek enforcement of a two-decade old settlement agreement as a third-party beneficiary and invoke the court's continuing jurisdiction. In 1981, Kenneth Floyd and nine other Colorado …
Article • November 15, 2003 • from PLN November, 2003
Texas Doesn't Have to Pay Interest on Trust Fund Accounts by by Matthew T. Clarke The Fifth Circuit Court of Appeals has ruled that the Texas Department of Criminal Justice (TDCJ) does not violate the Takings Clause by failing to pay prisoners the interest it earns on their trust fund …
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