National Roundup

New York Bank of America settles mortgage suit for $315 mln NEW YORK (AP) -- Bank of America has agreed to pay $315 million to settle claims by investors that they were misled about mortgage-backed investments sold by its Merrill Lynch unit. The settlement was disclosed in court papers filed late Monday in U.S. District Court in Manhattan and requires the approval of a judge. The class action lawsuit was led by the Public Employees' Retirement System of Mississippi pension fund. The settlement represents another attempt by Charlotte, N.C.-based Bank of America Corp. to put its legal issues behind it. Just in the first half of the year, the bank put up $12.7 billion to settle similar claims from different groups of investors. Nebraska Student loan company sues former employee LINCOLN, Neb. (AP) -- Lincoln-based student loan company Nelnet has filed a lawsuit against a former employee over his failed whistle-blower lawsuit. The Lincoln Journal Star reports that Nelnet filed its lawsuit on Nov. 29 in Lancaster County District Court against Rudy Vigil. Vigil sued Nelnet in 2005 after being fired, and the matter was settled that year. Nelnet's new lawsuit says that as part of the settlement, Vigil agreed to release Nelnet from any claims and damages of any kind. But in 2007, Vigil filed a federal lawsuit as a whistle-blower, accusing the company of improperly collecting federal subsidies after violating federal lending rules. The lawsuit was dismissed last year and upheld on appeal. Nelnet is now suing Vigil, looking to recoup costs incurred to defend itself against the whistle-blower suit. Washington Feds crack down on homeopathic weight loss remedy WASHINGTON (AP) -- Federal regulators are ordering several companies to stop selling an unproven weight loss remedy that uses protein from the human placenta. The Food and Drug Administration says it issued warning letters to seven companies that sell the protein as drops, pellets or sprays. The products are advertised as homeopathic remedies, or highly diluted drugs made from natural ingredients and sold with medical claims. Many doctors view homeopathic remedies as ineffective but mostly harmless because the drugs in them are present in such tiny amounts. But the FDA said the products targeted Tuesday could be dangerous when taken as directed. The products contain human chorionic gonadotropin, which is a protein produced by the placenta and found in the urine of pregnant women. South Dakota AG: Appeals court will rehear abortion appeal SIOUX FALLS, S.D. (AP) -- The South Dakota Attorney General's office says a federal appeals court has agreed to rehear a case dealing with a 2005 South Dakota abortion law. The 8th U.S. Circuit Court of Appeals in September agreed with U.S. District Judge Karen Schreier's (SHRY'-urz) decision to strike down parts of the law requiring doctors to tell patients the procedure increases the likelihood of suicide. But the appeals court overturned Schreier's ruling that it was unconstitutional to require doctors in South Dakota to tell women they have an existing relationship with a fetus that is protected by law. Planned Parenthood had filed the lawsuit. South Dakota Attorney General Marty Jackley says the full 11-member court will rehear arguments related to the suicide advisory in January. Florida Court won't affect push for drug law change TALLAHASSEE, Fla. (AP) -- House and Senate sponsors say they'll push for changes in Florida's drug law even if it's upheld by the Florida Supreme Court. The two lawmakers were on hand Tuesday as the justices heard oral argument in a challenge to the law. The case could result in freeing hundreds -- if not thousands -- of prison inmates. The state is appealing a Manatee County judge's decision that struck down the 2002 law. Circuit Judge Scott Brownell ruled it violates constitutional due process rights. That's because it eliminated a requirement that defendants must know a substance they possessed was an illegal drug. The legislation would restore that element of proof. Brownell's decision was similar to federal judge's ruling in Orlando. It also is on appeal in the federal court system. New Mexico 2 students charged with defacing national monument ALBUQUERQUE, N.M. (AP) -- The National Park Service says two University of New Mexico students allegedly inscribed their monikers "Super Duper Dana" and "Gabriel" within a few feet of a sign that reads, "It is unlawful to mark or deface El Morro Rock." The carvings may lead to possible criminal penalties for the students and a repair tab of nearly $30,000. The Albuquerque Journal reports the pair appeared in U.S. District Court last week to face charges of defacing an archaeological resource on public lands during a mid-October trip to the site in western New Mexico. They were released on their own recognizance after being required to surrender their passports and visas. National Park Service workers discovered the new inscriptions Oct. 13 on the sandstone cliffs. The monument is known for its 2,000 or so signatures, some dating back 700 to 1,000 years ago. Utah Allgier asks for judge's dismissal in murder case SALT LAKE CITY (AP) -- Attorneys for a man charged with capital murder in a prison guard's death want the Utah Supreme Court to decide whether the judge overseeing the case should be removed. In an appeal filed on Monday, attorneys for Curtis Allgier say 3rd District Judge Paul Maughan (MAWN') has shown bias in his dealings with their client. A petition seeking Maughan's removal from the case was denied by the district court's presiding judge last month. Allgier has pleaded not guilty to the 2007 shooting death of Utah State Prison guard Steven Anderson. The 60-year-old was shot twice with his own gun while escorting Allgier to a doctor's appointment at a University of Utah medical facility. A trial is set for June. The 32-year-old could face the death penalty if convicted. Published: Wed, Dec 7, 2011