- Posted July 25, 2012
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National Roundup
Arkansas
Wal-Mart opposed to $6B card fee settlement
BENTONVILLE, Ark. (AP) -- Wal-Mart Stores Inc. is urging retailers to reject a proposed $6 billion settlement that Visa Inc., MasterCard Inc. and major banks have agreed to pay retailers for alleged fee fixing.
The settlement, reached earlier this month, had been considered a victory for retailers. It settled a lawsuit alleging that card issuers conspired to fix merchants' fees for accepting credit cards. Retailers have long complained about the billions of dollars in "swipe" or "interchange" fees that that they have had to pay, which average about 2 percent of the price of a purchase.
Under the settlement, stores will be allowed to charge customers more if they pay with a credit card.
But the world's largest retailer said Tuesday that the settlement doesn't restrict credit card issuers from continually raising fees merchants must pay when shoppers use their cards. The Bentonville, Ark., company also says the settlement would require retailers to waive their rights to take action against card issuers.
"As Walmart continues to seek reform that will provide transparency and true competition among financial institutions, we encourage all merchants to put consumers first and reject the settlement," Wal-Mart said in a statement.
The dispute between stores and banks dates back to 2005. That's when large retailers, including Kroger Co., Safeway Inc. and Walgreen Co. began filing price-fixing lawsuits against Visa, MasterCard and other banks.
Credit card companies have long defended the fees they charge stores. They say stores benefit from being able to accept credit and debit cards from customers, who often spend more when they're using plastic instead of cash or checks.
As part of the settlement, credit card companies have agreed to reduce swipe fees for eight months. The temporary reprieve on fees is valued at $1.2 billion. The settlement does not apply to debit cards, which have grown in popularity for small-value transactions.
Oklahoma
2 charged in woman's death; body found in duffel bag
OKLAHOMA CITY (AP) -- Two men were charged Monday in the death of an Oklahoma woman whose dismembered body was found in a duffel bag behind a grocery store last year.
Jimmy Massey and Luis Ruiz were being held without bond at the Oklahoma County jail. The Oklahoma County District Attorney's office charged them with first-degree murder in the October killing of 19-year-old Carina Saunders. Her body was discovered in a duffel bag spotted by animal welfare workers as they rounded up feral cats in Bethany, an Oklahoma City suburb.
The medical examiner's office has said Saunders died a violent death, but has not disclosed details.
Massey was already in custody on a drug-related charge. An attorney listed as having represented him in his drug case, Mitch Solomon, didn't return a message seeking comment.
A jailer said she had no information about whether Ruiz had retained an attorney to represent him.
According to an affidavit, a witness told Bethany police she and Saunders went to a house in south Oklahoma City, where Ruiz beat Saunders and tied her up. The witness said Ruiz dragged Saunders to an upstairs room, tied her to a table and cut off her left foot. She said he also tried to cut off her right foot, but the saw broke.
That witness jumped out of a window to escape, the affidavit stated.
Another witness told police someone told her the killing had been recorded on Ruiz's cellphone. She said she was with Ruiz in a hotel in May, looked at his phone while he was in the bathroom, saw video of the killing and recognized Ruiz as the person who was cutting off Saunders' foot, according to the affidavit.
Another affidavit stated that Massey told police he was present when Saunders was killed and saw it happen. But police say he told another jail inmate that he was actually involved in the killing and provided details that only police and the medical examiner's office would know.
Bethany Police Chief Phil Cole has said Saunders' killing was tied to human trafficking, prostitution and a drug ring.
New Jersey
Court sides with NJ judges in pension dispute
NEWARK, N.J. (AP) -- New Jersey's Supreme Court says the state's judges don't have to contribute more to their pensions and health benefits.
Tuesday's 3-2 ruling follows a challenge by a state Superior Court judge in Hudson County.
Judge Paul DePascale sued last year, saying a new law requiring increased contributions violates another law that set judges' salaries and said they cannot be reduced.
Attorneys for the state argued that law doesn't apply to other compensation such as pension and health benefits.
Gov. Chris Christie pushed for the legislation and has been critical of judges who have opposed it. He has said he would consider putting the issue before voters in November if the courts didn't rule his way.
Indiana
State Supreme Court: Son can sue dad over injuries
INDIANAPOLIS (AP) -- The state Supreme Court has ruled that an Indiana man can sue his father for leg injuries he suffered when his father drove into him.
An Adams County judge initially threw out Robert Clark Jr.'s lawsuit, citing Indiana's guest law, which says a driver isn't liable for injuries to certain family members if they are being transported without payment, unless the injury is the result of willful misconduct.
The Indiana Court of Appeals reversed that decision, and the state Supreme Court upheld the appellate ruling in a 3-2 decision Monday.
The court said Clark can proceed with his suit accusing his father, Robert Clark Sr., of negligence in the September 2007 incident, The Journal Gazette reports.
Robert Clark Jr. was injured when he exited a vehicle his father was driving and stood in front of the car, where he motioned for his father to pull into a parking space. Once his father pulled into the spot, Clark signaled his father to stop. But instead of stopping, Clark Sr. allegedly accelerated, pinning his son between two cars.
The core of the argument was whether the son was ''in or upon the motor vehicle,'' as worded in the state law.
The Indiana Court of Appeals said the son clearly had exited the vehicle when he was struck, so the law doesn't apply.
Published: Wed, Jul 25, 2012
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