|
K-Mart is a Victims-of-Law
Advertiser |
May 12, 2012
-- May 15, 2012
FEDERAL
COURTS
Suit Claims the Senate Filibuster Violates Unstated Constitutional
Principle of Majority Rule
By Debra
Cassens Weiss, ABA Journal
05-15-12 --
A suit filed on Monday by Common Cause claims the Senate filibuster
is anti-democratic and unconstitutional.
. . . “The principle of
majority rule was so basic to the concept of a democratically
elected legislative body that it did not need to be expressly stated
in the Constitution,” the
suit (PDF) says. Other plaintiffs include several
Democratic lawmakers and three immigrants who would be aided by
passage of the Dream Act, according to
Politico, the
Atlanta Journal-Constitution and a
press release.
. . . The Senate filibuster
rule requires 60 votes on motions to proceed with or close debate on
bills or presidential nominations. Another Senate rule requires a
two-thirds vote to change the rules. Both are inconsistent with the
concept of majority rule and unconstitutional, the suit says.
Influential judge has cramped view of First Amendment
Douglas
E. Lee, Special to the First Amendment Center Online
05-14-12 --
Those fond of the First Amendment should be glad that Richard Posner
isn’t in charge of interpreting it.
. . . Posner, a long-time
judge on the 7th U.S. Circuit Court of Appeals, is one of the most
prolific and influential jurists in the country. An intellectual
leader of the law-and-economics school of thought, he is a frequent
author, lecturer and blogger on a wide range of topics. His narrow
view of the First Amendment, however, has perhaps never been clearer
than in his recent dissent in
American Civil Liberties Union of Illinois v. Alvarez.
. . . In Alvarez, the ACLU of
Illinois challenged in federal court the constitutionality of the
Illinois eavesdropping statute, which makes it a felony to audio
record any conversation unless all parties to the conversation
consent. The statute requires an enhanced penalty — with a possible
prison term of up to 15 years — if at least one of the
non-consenting recorded persons is a law enforcement officer
performing his or her official duties.
. . . The statute has been
the subject of much discussion and litigation in recent years, as
prosecutors have stepped up enforcement of the law against
individuals recording police activity with hand-held cameras and
cell phones. Despite the fact that a state judge in March found the
statute unconstitutional, legislative efforts since then to modify
the law have been unsuccessful.
Sculptor can recover copyright royalties from USPS -Fed
Cir
By Terry
Baynes, Thomson Reuters News & Insights
05-14-12 --
A sculptor may recover royalty payments from the U.S. Postal
Service, which used an image of the artist's Korean War Memorial
sculpture on stamps and related merchandise, a federal appeals court
ruled on Monday.
. . . The U.S. Court of
Appeals for the Federal Circuit, based in Washington, D.C.,
overturned a lower court award of $5,000 to sculptor Frank Gaylord,
finding he was entitled to a larger share of the $30.2 million in
revenues the postal service allegedly collected on the image.
. . . Gaylord, an 87-year-old
sculptor who fought in World War II, won a government-sponsored
contest to build a memorial to Korean War veterans in 1990. His
copyrighted work, consisting of a platoon of 19 steel soldiers,
became the centerpiece of the Korean War Veterans' Memorial in
Washington, D.C. In 1995, photographer John Alli began photographing
the memorial under various conditions, eventually capturing a
ghostly image of the steel soldiers after a snowstorm.
|
Total Injury is a
Victims-of-Law Associate |
ADMINISTRATIVE COURTS
Another Disability Judge Placed on Leave
By
Damian Paletta Wall Street Journal
05-14-12 --
The Social Security Administration has placed a disability law judge
on paid administrative leave while it looks into complaints about
his demeanor during hearings, the man's lawyer said.
. . . Administrative law
judge Gerald Krafsur, based on Kingsport, Tenn., was placed on leave
last week, and it is unclear if or when he will return to the post
he has held since 1991, his attorney Charlton DeVault said in an
interview. Mr. Krafsur is among the agency's judges with the highest
rate of approving cases.
. . .
The Social Security Administration
didn't respond to requests for comment.
. . . Mr. Krafsur is one of
roughly 1,500 Social Security judges who hear appeals and decide
whether applicants qualify for disability benefits.
CALIFORNIA
Reading a condition of Richmond defendant's release
Henry K.
Lee, San Francisco Chronicle
05-15-12 --
One of three men indicted for allegedly trying to sell a grenade
launcher during a deal that led to gunfire in Richmond was ordered
released on bond Monday by a federal judge, who allowed him to
remain free so long as he reads each day and completes book reports.
. . . Over the objections of
federal prosecutors, U.S. District Judge Yvonne Gonzalez Rogers
granted a request by 23-year-old Otis Mobley Jr. to be released
before trial. She ordered him to "read and complete book reports,"
spending an hour every day on books and at least a half an hour
writing.
. . .
The judge said she plans to provide
a reading list for Mobley as he awaits trial.
. . . Rogers delayed Mobley's
release until Tuesday morning to allow prosecutors to file an
expected appeal of her order.
FLORIDA
George Zimmerman prosecutors file list of witnesses, evidence in
Trayvon Martin shooting
By Rene
Stutzman and Jeff Weiner, Orlando Sentinel
05-15-12 --
As many eagerly awaited the release of never-before-seen evidence in
the case against George Zimmerman, members of Special Prosecutor
Angela Corey's office provided a preview on Monday in the form of an
eight-page document.
. . . The paperwork, filed
with the Seminole County clerk as closing time approached, included
a list of witnesses the state plans to call and identified several
pieces of the evidence prosecutors expect to use to support a
second-degree-murder charge in the death of 17-year-old Trayvon
Martin
GEORGIA
Judge sides with Ga. school on copyright fight
The
Associated Press | CBS News
05-15-12 --
A federal judge sided with Georgia State University on a range of
copyright infringement claims filed by three publishing houses in a
ruling that administrators said could set an important precedent for
how educational data is used by schools.
. . . The order by Senior
U.S. District Judge Orinda Evans on Friday rejected 69 copyright
claims against the university filed by Oxford University Press, SAGE
Publications and Cambridge University Press. The publishers claimed
the school allowed "massive" copyright violations by allowing
professors to download and reproduce excerpts from course materials.
. . . The ruling by Evans
found that "fair use doctrine" protected a professor's decision to
allow students to access an excerpt through the university's online
system. The doctrine allows the publication of material without the
consent of the copyright's owner as long as the amount of the
material used is limited.
ILLINOIS
No retrial in Lake County rape case
Chicago man served 20 years until DNA got him out on bond, was
facing retrial in '86 case
By Dan
Hinkel, Chicago Tribune reporter
05-15-12 --
Lake County prosecutors say they do not plan to retry Bennie Starks
on rape charges from 1986, apparently scuttling yet another in a
string of cases undermined by DNA evidence, according to defense
lawyers who received the news Monday.
. . . At a hearing in Elgin
appeals court, a lawyer from the state appellate prosecutor's office
told judges that Lake County authorities have said they plan to drop
the sexual assault charges, said four of Starks' attorneys who were
present.
. . . Starks, 52, spent 20
years in prison for the rape of a 69-year-old woman in Waukegan, but
he was released on bond after the appeals court ordered in 2006 that
he be retried. As with three other recent Lake County cases,
prosecutors insisted on his guilt even after DNA pointed toward
someone else as the attacker.
INDIANA
Former Lafayette resident Brent Dickson named Indiana chief justice
Written
by Charles Wilson, The Associated Press | Journal and Courier
05-15-12 --
The Indiana Judicial Nominating Commission has named Brent Dickson
the new chief justice of the Indiana Supreme Court.
. . . Dickson, 70, has been
acting chief justice since the retirement of Randall Shepard, who
had held the office for 25 years.
. . . The commission made its
decision relatively quickly after a hearing this afternoon in which
several other justices -- including some who were also candidates
for the top job -- threw their support to Dickson.
. . . Dickson, appointed in
1986 by then-Gov. Robert Orr, is one of three justices appointed by
Republican governors.
MASSACHUSETTS
Mass. judge grants new trial in 2008 slaying
By
Denise Lavoie , AP Legal Affairs Writer / Boston.com
05-15-12 --
For more than a year, Charles Wilhite's friends and family have
insisted he was wrongly convicted in a 2008 killing outside a
neighborhood market in Springfield.
. . . On Monday, a judge
agreed and granted Wilhite a new trial.
. . . Hampden District Court
Judge Peter Velis credited the testimony of a Nathan Perez, a key
prosecution witness who recanted his original identification of
Wilhite as the shooter of Alberto Rodriguez.
Court warns on jurors’ Web use
Posts on social media raise risks of mistrial State’s judges told to
spell out rules
By
Milton J. Valencia, Boston Globe Staff
05-14-12 --
In the state’s first decision involving juries and social media, the
Massachusetts Appeals Court has called on judges to better police
jurors’ use of the Internet to make sure they do not discuss cases
online, and thus risk a mistrial.
. . . The court said judges
need to do more to explain to jurors that refraining from
conversations about a case also means not posting anything about it
on Facebook or Twitter, common practice in today’s technology-driven
world.
. . . “Jurors must separate
and insulate their jury service from their digital lives,’’ the
court said in a ruling involving a Plymouth Superior Court case in
which several jurors made comments on Facebook during a trial. Those
posts in turn elicited responding posts from friends.
|
Lawguru is a
Victims-of-Law Advertiser |
MICHIGAN
Public hearing outlines whether Inkster judge should stay on the
bench
By
Melanie D. Scott, Detroit Free Press Staff Writer
05-14-12 --
Inkster Chief Judge Sylvia James listened as her attorney and the
executive director and general counsel for the Michigan Judicial
Tenure Commission debated whether she should remain on the bench
during a public hearing held before commission this morning.
. . . James, a 22nd District
Court Judge who has been on the bench since 1989, was found guilty
last month of misconduct and misusing public funds as well as
failing to establish policies that would document the use of public
money.
. . . Mayer Morganroth, one
of James’ attorney argued during this morning’s hearing that
allegations of misconduct against the 22nd District Judge only came
about after she publicly opposed Inkster Mayor Hilliard Hampton’s
push toward strong mayor legislation.
Guest commentary: Four ways to improve Michigan
Supreme Court elections
By
Marilyn Kelly and James L. Ryan, Detroit Free Press guest writers
Marilyn Kelly is a justice of the
Michigan Supreme Court. James L. Ryan is a senior judge of the
United States Court of Appeals for the Sixth Circuit.
05-13-12 --
Since the turn of the century, Michigan has gained a r putation for
Supreme Court election campaigns that are among the most expensive,
least transparent and most partisan in the country. Our campaign ads
have been among the most offensive. That is why we convened a task
force of prominent Michiganders to study how Supreme Court justices
are selected across the nation and recommend improvements to
Michigan's Supreme Court selection process.
. . . The 2010 candidates for
the Michigan Supreme Court raised a total of $2.6 million. The
political parties and state-based interest groups reported spending
another $2.5 million. But
data collected from the public files of state television
broadcasters and cable systems showed that an additional $6.3
million was spent by the political parties and interest groups.
Michigan law does not require this candidate-focused "issue"
advertising to be reported in the state campaign finance disclosure
system.
NEBRASKA
State's high court says victim can be compelled to testify
By Lori
Pilger / Lincoln Journal Star
05-11-12 --
The Nebraska Supreme Court has affirmed a Lincoln judge's order,
finding an alleged sexual assault victim in contempt for refusing to
testify.
. . .At the same time, the
high court said just because the state can compel the woman to
testify it "does not necessarily mean that it should."
. . . "But that question must
be left to the judgment and discretion of the prosecutor," Justice
Kenneth Stephan wrote in Friday's opinion.
. . . The ruling -- along
with the rare question for the court -- all seemed to come down to
this: how far should the state take a case against a victim's
wishes.
. . . As it stands, Glen
Riensche's now-25-year-old accuser could go to jail for 90 days
unless she agrees to testify or the state dismisses the case.
. . . That decision now is in
Lancaster County Attorney Joe Kelly's hands and, on Friday, he said
he hasn't decided yet how his office will proceed.
NEW JERSEY
Rockaway Township mayor nominated as Superior Court judge
By Ben
Horowitz/The Star-Ledger
05-15-12 --
Louis Sceusi, mayor of Rockaway Township for the past 11 years, has
been nominated by Gov. Chris Christie to serve as a Superior Court
judge in the Morris-Sussex vicinage.
. . . “I’m very excited, and
very hopeful I’ll get through,” Sceusi, 59, said in a telephone
interview today.
. . . He noted his efforts as
an impartial judge will be different from his work as a mayor
advocating specific plans.
. . . “My role as a judge is
to apply the law, and not create law,” he said. “I’m looking forward
to it.”
OKLAHOMA
Oklahoma judge overturns law barring drug-induced abortions
By Steve
Olafson, Reuters | Chicago Tribune
05-14-12 --
A judge has permanently blocked a law that would have restricted
medication-induced abortions in Oklahoma, marking the third
courtroom defeat this year for the state's anti-abortion
movement.
. . . The law, passed last
year by an overwhelming margin in the Republican-controlled
Legislature, is unconstitutional and violates the privacy and bodily
integrity of women, said Oklahoma County Judge Donald Worthington in
a ruling issued on Friday.
|
Office Max is
A Victims-of-Law Associate |
TEXAS
Supreme Court challengers say court is too pro-business
By Chuck
Lindell, American-Statesman Staff
05-13-12 --
Three members of the all-Republican Texas Supreme Court face
re-election this year, but two will have to survive primary
opponents who accuse the court of becoming too pro-business.
. . . Justice Don Willett, on
the court since 2005, faces a familiar opponent — Steve Smith, an
Austin lawyer who served two years on the Supreme Court in the early
2000s and narrowly lost to Willett in the 2006 Republican primary.
. . . Justice David Medina,
an eight-year incumbent, has two challengers who question his
ethical history: John Devine, a former district judge from Hockley,
and Joe Pool Jr., a lawyer and oil and gas executive from Dripping
Springs.
. . . Willett and Medina have
substantial fundraising advantages. Both also know it is rare for a
Supreme Court incumbent to lose a Republican primary — though that
fact might provide mixed comfort for Willett. It was his opponent,
Smith, who ousted a sitting justice in 2002, only to lose to a party
establishment candidate in the 2004 GOP primary.
UTAH
Judge: Shannon Price is not Gary Coleman’s common-law wife
By
Donald W. Meyers, | The Salt Lake Tribune
05-14-12 --
Shannon Price was not Gary Coleman’s common-law wife after their
divorce, a 4th District judge ruled Monday.
. . . Judge James Taylor’s
decision deals a blow to Price’s bid to gain control of the "Diff’rent
Strokes" star’s estate. Coleman, 42, died in May 2010 after a fall
in his Santaquin home.
. . . Anna Gray, Coleman’s
friend and chief executive of his personal corporation, argued that
a 2005 will named her as Coleman’s executor and beneficiary.
VIRGINIA
House of Delegates rejects gay judge Tracy Thorne-Begland
By Laura
Vozzella, Washington Post (blog)
05-15-12 --
Virginia’s General Assembly rejected a gay man for a Richmond
judgeship early Tuesday, after conservatives argued that his support
for gay marriage and challenge to the military’s now-defunct “don’t
ask, don’t tell” policy made him unfit for the bench.
. . . The House of Delegates
voted 33 to 31, with 10 abstentions, to make Richmond prosecutor
Tracy Thorne-Begland a General District Court judge in Richmond. He
had needed 51 votes in the 100-member chamber to win appointment.
. . . “He holds himself out
as being married,” said Del. Robert G. Marshall (R-Prince William),
who is running for U.S. Senate. Noting that gay marriage is not
legal in Virginia, he said that Thorne-Begland’s “life is a
contradiction to the requirement of submission to the constitution.”
Virginia delegate vows to block gay judge
By Laura
Vozzella, Washington Post (blog)
05-14-12 --
Back when the race for president was about abortion, birth control
and an alleged “war on women,” Virginia’s General Assembly was right
there in the mix, with a bunch of bills related to abortion.
. . . Now that same-sex
marriage has become the presidential issue of the moment, the Old
Dominion is again on topic. A conservative state delegate is vowing
to fight the appointment of an openly gay man as a General District
Court judge in Richmond.
. . . Del. Robert G. Marshall
(R-Prince William), who is running for U.S. Senate, said he will
seek to remove the name of “homosexual activist” Tracy Thorne-Begland
from the list of 41 nominees for judgeships that the General
Assembly will consider appointing Monday afternoon.
WASHINGTON
Tri-City moms rally at Benton County Justice Center
By
Kristi Pihl, Tri-City Herald
05-15-12 --
About 30 Tri-City moms, toddlers, babies and supporters gathered
Monday at the Benton County Justice Center in Kennewick to rally for
a change in state law that would allow nursing moms to ask for
long-term deferments from jury duty.
. . . Their desire to see a
family friendly jury duty law started when Richland mom Amanda
Walley had trouble getting her jury service deferred.
. . . Although Walley was
able to get a three-month deferment approved by a Superior Court
judge last week, she and others still showed up for a few hours
Monday with picket signs to make their point and to encourage a
change in state law.
Lawyers ask judge to overturn 7 men’s convictions in
1984 slaying, dispute mass beating claims
By
Associated Press | Washington Post
05-14-12 --
Lawyers for seven men convicted of a 1984 murder in Washington urged
a judge Monday to overturn their clients’ convictions, saying that
the slaying was likely committed by one or two people and was not
the mass beating described at trial.
. . . The remarks were made
during closing arguments of a three-week hearing where lawyers for
the government and the group have been presenting evidence to a
judge. The judge will decide whether to overturn the convictions or
grant the men a new trial.
. . . Prosecutors say they
are confident in the original verdict. But lawyers for the men have
said an “avalanche of new information” points to their clients’
innocence in the death of Catherine Fuller on Oct. 1, 1984.
|
Vista Print a Victims-of-Law Associate |
May 9, 2012
-- May 11, 2012
FEDERAL
COURTS
U.S. Judge's Facebook Ruling Gets Thumbs Down From Legal Scholars
By
Heather Maher, RadioFreeEurope/RadioLiberty
05-11-12 --
Across cultures, giving something a "thumbs up" or "thumbs down" has
long been understood to be a silent "yes" or "no."
. . .
It's a gesture whose meaning is
instantly clear, which is why a Facebook tool that allows users to
identify posts they "like" makes use of the "thumbs up" icon.
. . . Essentially, with the
click of a mouse, Facebook users can highlight their interest in a
photograph, a video, an article, or a comment made by another
person.
. . . But that simple click
has become somewhat risky after U.S. District Judge Raymond Jackson
in the state of Virginia ruled that clicking Facebook's "like"
button doesn't qualify as protected speech under the U.S.
Constitution's First Amendment clause.
. . . Legal scholars are
giving that ruling a "thumbs down."
Ignorance no defense for celebrity health records
snoop
By
Amanda Bronstad, The National Law Journal
05-10-12 --
A federal appeals court has refused to toss out charges that a
former researcher at the University of California at Los Angeles
Health System illegally obtained medical records of patients,
including celebrities such as Arnold Schwarzenegger and Tom Hanks.
. . . The U.S. Court of
Appeals for the Ninth Circuit on May 10 rejected arguments by Huping
Zhou that the charges brought against him under the U.S. Health
Insurance Portability and Accountability Act of 1996 (HIPPA) should
have been dismissed because he didn't know what he was doing was
illegal. The court said that he didn't need to know his actions were
illegal to be in violation of the law.
Ill. Eavesdropping Law Can’t Be Used to Stop Public
Recordings of Cops, 7th Circuit Says
By Debra
Cassens Weiss, ABA Journal
05-09-12 --
A Chicago-based federal appeals court has blocked Cook County
prosecutors from using an Illinois eavesdropping law against people
who make audio recordings of police performing their public duties.
. . . The 7th U.S. Circuit
Court of Appeals ruled for the American Civil Liberties Union in a
2-1 decision on Tuesday, report the
Chicago Tribune and an ACLU
press release. The law imposes sentences of up to 15
years in prison for those who record audio of police conversations
without consent.
. . . The ACLU had challenged
the statute because it plans to make audiovisual recordings in a
“police accountability program.”
Co-defendants' pleas prompt delay for FCPA trial
By
Amanda Bronstad, The National Law Journal
05-08-12 --
A federal judge has tentatively delayed trial in a Foreign Corrupt
Practices Act case involving alleged bribes to officials in
countries including China, South Korea, Malaysia and the United Arab
Emirates.
. . .
U.S. District Judge James Selna
wrote on May 8 — pending arguments later that day — that he was
inclined to move the trial to June 26, given recent plea deals by
Stuart Carson, the former chief executive officer of Control
Components Inc., and his wife, Hong "Rose" Carson, who was the
company's director of sales for China and Taiwan.
. . .
A lawyer for one of the remaining
defendants — David Edmonds, former vice president of worldwide
customer service — had sought a trial date of July 17.
State Department comes under criticism at D.C.
Circuit hearing
By Mike
Scarcella, The National Law Journal
05-08-12 --
A federal appeals court in Washington appears poised to rule against
the U.S. State Department in a dispute over the continued
designation of a fringe Iranian resistance group as a foreign
terrorist organization.
. . .
The U.S. Court of Appeals for the
D.C. Circuit has a number of options available to it, including
ordering the government to remove the People's Mojahedin
Organization of Iran from the foreign terorist list or setting a
deadline for the government to act on the petition from the group.
The court could take a middle ground, requiring the government to
provide reports on the status of the ongoing assessment.
|
SAVE AT PETCARE RX
A
Victims-of-Law Associate |
GENERAL
Three states, one drug, and a Supreme Court ruling
by Nate
Raymond ,Thomson Reuters News & Insights
05-10-12 --
In the 11 months since the U.S. Supreme Court
limited consumers' ability to sue generic drug companies
for personal injuries in Pliva v. Mensing, the acid reflux drug
Reglan has been front and center as lower courts interpret the
decision. As you may recall, Reglan, or metoclopramide, was the drug
at issue in the high court. The ruling held that because generics
are required to carry the same warning labels as the brand-name
version of the drugs, generic manufacturers cannot be liable for
failing to warn of side effects.
. . . In the wake of Mensing,
state courts in Pennsylvania, California, and New Jersey have been
considering what to do with thousands of suits by metoclopramide
users who claim they weren't warned about the long-term risks of
developing a neurological disorder. (The cases were mostly filed in
state courts after the Judicial Panel on Multidistrict Litigation
denied a bid to consolidate the metoclopramide litigation at a
federal level.) What's notable is that judges in those states have
taken markedly different approaches to their metoclopramide dockets:
In Philadelphia and San Francisco, judges have allowed thousands of
personal-injury suits against the generics to move forward despite
Mensing. But on Friday Superior Court Judge Carol Higbee in Atlantic
City, New Jersey,
ruled that generics are largely off the hook in her
court.
Supreme Court decision on religion upends campus
religious groups
Adelle
M. Banks, Religion News Service
05-09-12 --
When the Supreme Court ruled that a Christian student group could
only be recognized at a small public law school if it accepted
non-Christians and gays as potential leaders, some lawyers and
campus advocates grew nervous.
. . . While the 5-4
decision in Christian Legal Society v. Martinez was
primarily aimed at public colleges and universities, some
conservatives say the decision has upended university religious
life, with both public and private schools reconsidering
nondiscrimination rules.
. . . Now, nearly two years
after the decision involving the University of California's Hastings
College of the Law, the case is causing strife across U.S. college
campuses:
. . . --
InterVarsity Christian Fellowship says 41 of its campus
chapters have faced challenges since the Supreme Court decision.
Many have been resolved, but the IVCF chapter at the State
University of New York at Buffalo plans to appeal its loss of
official recognition for asking a gay student leader to resign when
he would not accept its belief statement.
Judicial independence: The new threat from within
By Judge
Steve Leben and Judge Kevin S. Burke, MinnPost.com
05-09-12 --
In election years, judges frequently come under attack for a
specific decision. And since judges generally can't comment publicly
about pending cases beyond what was said in the decision itself,
judges can be an easy target.
. . . But something strange
is happening as the 2012 presidential campaign comes into focus: In
two high-profile court hearings, judges have struck what seems to be
a partisan tone, unnecessarily inserting themselves into the
campaign. Their actions from inside the judiciary threaten judicial
independence just as much as attacks from the outside.
. . . The first was U.S.
Supreme Court Justice Antonin Scalia. During oral argument about
whether the Affordable Care Act is unconstitutionally coercive on
the states, he asked whether there was "any chance that all 26
states opposing it have Republican governors, and all of the states
supporting it have Democratic governors?" When told there was "a
correlation," Justice Scalia triumphantly said, "Yes!" followed by
laughter from the audience. Scalia got his laugh line — transcripts
show he gets more laughs than any other justice. But here he did so
by inserting a comment about purely partisan matters that had no
legal relationship to the argument being made.
ARIZONA
U.S. sues controversial Arizona sheriff for discrimination
Tim
Gaynor Reuters | Chicago Tribune
05-10-12 --
The U.S. Justice Department sued a controversial Arizona sheriff on
Thursday for civil rights violations, saying he and his office
intentionally engaged in racial profiling and unlawful arrest of
Latinos in violation of their constitutional rights.
. . . Joe Arpaio, who bills
himself as "America's toughest sheriff," vowed to fight the suit,
which he blamed on forces who do not like the way he enforces
immigration laws.
. . . The civil suit cited
systematic profiling, sloppy and indifferent police work, and a
disregard for minority rights by Arpaio, the Republican sheriff of
Maricopa County, and county officials.
. . . The suit also said
Arpaio's office routinely violates the First Amendment rights to
free speech of political opponents by retaliating against them with
unsubstantiated complaints and lawsuits, even having them unlawfully
arrested.
CALIFORNIA
Appeals Court Overturns $10K Small Claims Verdict Against Honda for
Hybrid Mileage Claims
By Debra
Cassens Weiss, ABA Journal
05-10-12 --
A judge has overturned a nearly $10,000 small-claims award to a
lawyer dissatisfied with the mileage on her 2006 Honda Civic hybrid.
. . . Heather Peters,
who decided to go to small claims court rather than join
a class action settlement, made news when
she was awarded $9,867 earlier this year. But a
California judge hearing the false-advertising case on appeal said
federal regulations control fuel economy as well as related
advertising claims, report the
Los Angeles Times,
MSNBC.com and the
Associated Press. Peters was an ex-lawyer when she
initially won the case; she has since reinstated her license.
. . . Judge Dudley Gray II
said in his ruling on Tuesday that EPA mileage estimates are for
comparison purposes and don’t take into account variation such as
people’s driving habits. California law does not allow for further
appeals.
Client dies in prison, but lawyer still seeks to
prove innocence
Attorney asks the California Supreme Court to decide the case of
Dennis Lawley, who was convicted and sentenced to death in a 1989
murder for hire. The bid for freedom was filed in 2008 and had
languished.
By Maura
Dolan, Los Angeles Times
05-08-12 --
A convicted killer who died on death row while his appeal languished
before the California Supreme Court should have his case decided
posthumously, his attorney told the state high court.
. . . Scott F. Kauffman, who
represented Dennis Lawley for 19 years, contends that his client was
innocent of a 1989 murder for hire that sent him to San Quentin.
Lawley, he said, deserves a ruling on his claims, even if the
outcome will have no practical consequence.
. . . "Mr. Lawley's death
does not erase the injustice of his conviction and sentence,"
Kauffman told the court in a written motion. "It would be a
disservice to justice and to Mr. Lawley, who has always maintained
his innocence, for this court to [dismiss the case] as moot."
FLORIDA
Panel recommends reprimand for St. Lucie judge
The
Associated Press | The Miami Herald
05-11-12 --
A state investigative panel says a St. Lucie County judge who
pleaded guilty to drunken driving should receive a public reprimand.
. . . County Judge Kathryn
Nelson agreed to that recommendation in a stipulation filed Thursday
with the Florida Supreme Court.
Florida woman sentenced to 20 years in controversial
warning shot case
By the
CNN Wire Staff
05-11-12 --
Saying he had no discretion under state law, a judge sentenced a
Jacksonville, Florida, woman to 20 years in prison Friday for firing
a warning shot in an effort to scare off her abusive husband.
. . . Marissa Alexander
unsuccessfully tried to use Florida's controversial "stand your
ground" law to derail the prosecution, but a jury in March convicted
her of aggravated assault after just 12 minutes of deliberation.
. . . The case, which was
prosecuted by the same state attorney who is handling the Trayvon
Martin case, has gained the attention of civil rights leaders who
say the African-American woman was persecuted because of her race.
. . . After the sentencing,
Rep. Corrine Brown confronted State Attorney Angela Corey in the
hallway, accusing her of being overzealous, according to video from
CNN affiliate WJXT.
. . . "There is no
justification for 20 years," Brown told Corey during an exchange
frequently interrupted by onlookers. "All the community was asking
for was mercy and justice," she said.
Miami-Dade judge orders filmmaker Corben to court to
explain tweets
By David
Ovalle, The Miami Herald
05-11-12 --
Miami filmmaker Billy Corben, under scrutiny for sending social
media messages while on jury duty, will have to face a judge to
explain his actions.
. . . Miami-Dade Circuit
Judge Jose Fernandez on Friday ordered Corben to appear in court on
May 25 to explain why he sent out Twitter and Facebook messages
despite a court order against using social media during a February
trial.
. . . Corben, maker of
Miami-based documentaries Cocaine Cowboys and The U, served as the
foreperson on the jury that convicted Angelo Williams of armed
robbery. He could not immediately be reached for comment.
Trayvon Martin case: Online fund for George
Zimmerman now being tapped
Some $50,000 from an online defense fund for suspect George
Zimmerman has been tapped to cover his living expenses and security,
pending trial. He pleaded not guilty this week to second-degree
murder in the shooting death of Trayvon Martin.
By
Patrik Jonsson, The Christian Science Monitor Staff writer
05-10-12 --
Online donations to George Zimmerman, the neighborhood watch captain
charged in the shooting death of unarmed teenager Trayvon Martin,
are being used to help pay for Mr. Zimmerman's living expenses,
security, and defense counsel – a development that the defendant's
lawyer this week acknowledged is somewhat "controversial." .
. . Earlier in the case,
Zimmerman’s attorney, Mark O’Mara, had characterized his client as
indigent, noting that his family has "limited means" and that
Zimmerman himself can no longer work amid concerns about his safety
stemming from the highly charged atmosphere surrounding Trayvon's
death. .
. . But this week Mr. O’Mara
acknowledged that Internet donations will allow Zimmerman to draw
$50,000 between now and his trial for second-degree murder.
Zimmerman, who is out of jail on a $150,000 bond, pleaded not guilty
on Wednesday, ahead of an Aug. 8 court hearing. He is in hiding and
his whereabouts are not publicly known.
|
PowWeb is a Victims-of-Law
Affiliate as well as a client of PowWeb |
ILLINOIS
Judge won’t let thieving priest return to pulpit
By Dan
Rozek, Chicago Sun-Times Staff Reporter
05-11-12 --
A Catholic priest who gambled away $295,000 he looted from his
Roselle parish lost a bid Thursday to return full-time to the pulpit
while he’s still on probation.
. . . The Rev. John Regan
wanted to resume his duties as a priest in part to help pay the
restitution he owes for his thefts from St. Walter Church in
Roselle, his attorneys said.
. . . DuPage County Judge
John Kinsella rejected the proposal, saying he wants Regan to
continue working a $9-an-hour job at a factory in Will County so he
understands how painful the thefts were for parishioners.
LOUISIANA
Weight-Loss Blogger Sues Southwest Airlines over ‘Customers of Size’
Policy
By Debra
Cassens Weiss, ABA Journal
05-10-12 --
A Louisiana blogger who writes about her weight loss struggle has
filed a lawsuit asking Southwest Airlines to clarify its “customers
of size” policy.
. . . Southwest requires
passengers to buy a second seat if they “encroach upon any part of
the neighboring seat(s),”
Legal Blog Watch reports. "The armrest is considered to
be the definitive boundary between seats and measures 17 inches in
width," the policy says.
. . . Kenlie Tiggeman, who
now weighs about 280 pounds, says Southwest personnel have twice
asked her to buy a second seat,
Houma Today reports. The first time, she says, was told
she was “too fat to fly.” The second time, she says, she was told,
“Well, look at you, obviously you need two seats.” Both times, the
employees backed down.
MARYLAND
Elkridge man indicted in decades-old death of former wife
By David
Greisman, The Tribune
05-10-12 --
An Elkridge man accused of killing his wife, who disappeared 21
years ago, was indicted May 9 by a Howard County grand jury.
. . . Robert Arnold Jarrett
Jr., 57, formerly of the 6000 block of Claire Drive, is facing one
count of first-degree murder. He is being held without bail at the
Howard County Detention Center in Jessup.
. . . Jarrett was arrested
April 18, after detectives found the remains of Christine Jarrett,
who was 34 years old when she disappeared on Jan. 3, 1991, buried
behind the Elkridge house they once shared. Robert and Christine
Jarrett had been married for 16 years and had two sons, who were 5
and 10 at the time.
MICHIGAN
Real estate transfers raise questions, but justice isn't giving
answers
By
Dawson Bell and Joe Swickard, Detroit Free Press Staff Writers
05-11-12 --
There may be a reasonable explanation for why state Supreme Court
Justice Diane Hathaway engaged in a series of curious real estate
transactions in recent years that leave the impression she tried to
conceal assets in order to qualify for a short sale on the lakefront
home for which she took out a $1.5-million mortgage in 2007.
. . . But Thursday -- a day
after a WXYZ-TV (Channel 7) report on the allegations and more than
a month since the station asked for one -- Hathaway indicated that
she is in no hurry to provide it.
. . . That, despite a
statement from Chief Justice Robert Young Jr. urging her to publicly
explain Thursday morning.
. . . By afternoon, Hathaway
was referring calls to Steve Fishman, one of the top criminal
attorneys in metro Detroit, who said he was a family friend and was
providing "consultation without compensation."
Did a Michigan Supreme Court Justice play a shell
game to get out from her underwater home?
By: Ross
Jones, WXYZ
05-09-12 --
Behind the stone walls of the gated Windermere Country Club are some
of Central Florida’s nicest homes. And nestled along the rolling
fairways of its 18-hole golf course, you’ll find a 4,300 square foot
home on beautiful Lake Crescent. Complete with a pool and private
boat dock, it was valued last year at almost $740,000.
. . . And its owner is crying
poor.
. . . The owner is Justice
Diane Hathaway. Last November, she convinced her bank she didn’t
have the money to keep making payments on her Michigan home on Lake
St. Clair, even though she owned her Florida lakefront home free
and clear.
. . .
In fact, records show in a little
over a year, she’s owned four homes: one in Florida, and three in
Grosse Pointe Park.
. . .
The homes are a part of a dizzying
property shuffle that experts say raise ethical and legal questions,
but Justice Hathaway has been ducking those questions for more than
six weeks.
. . .
Hathaway was a Wayne County Circuit
Court judge before being elected to Michigan’s highest court in
2008. She ran as an ethical and accountable judge.
. . .
But records obtained by 7 Action
News have some asking if she was she ethical in how she convinced
her bank to let her out from her mortgage on her Lake St. Clair
home. It saved her potentially hundreds of thousands of dollars in
unpaid mortgage payments.
NEW
HAMPSHIRE
Plaistow woman’s lawsuit could end up before Supreme Court
By Tim
Buckland, New Hampshire Union Leader
05-10-12 --
A lawsuit that netted a Plaistow woman the largest jury award in
state history could potentially be argued in front of the U.S.
Supreme Court, according to her attorney and a legal expert.
. . . The U.S. Court of
Appeals for the First Circuit recently affirmed a trial court ruling
that awarded Karen Bartlett of Plaistow more than $21 million in
damages after an anti-inflammatory drug left her with extreme burns
and permanent near-blindness.
. . . John Greabe, a law
professor specializing in constitutional law at the University of
New Hampshire School of Law, said the appeals court ruling “sort of
teed it up” for the U.S. Supreme Court.
. . . “I can’t imagine that
(the Supreme Court) won’t take it up, unless this gets settled
beforehand,” Greabe said.
NEW JERSEY
N.J. judge protects alleged drug dealer's BlackBerry password
By
Chenda Ngak, CBS News
05-11-12 --
A New Jersey judge ruled Thursday that police cannot force a
California truck driver to turn over his BlackBerry password.
. . .
California trailer-truck driver J.
Arturo Vergara was allegedly found with 364 pounds of marijuana in
Mount Olive, N.J., the
Daily Record reports.
. . . Vergara,
34, of Ontario, Calif., was stopped on Route 80 in Mount Olive on
Sept. 7, 2010, by a state trooper who wanted to conduct a safety
inspection," the Record reports. After a thorough search of his rig,
police found the marijuana inside 15 bundles of snack bars and
canned food. Police wanted to search Vergara's BlackBerry to gather
evidence, but could not obtain his password.
. . .
State Superior Court Judge Stuart
Minkowitz ruled that a Vergara did not have to turn over his
password because it would violate his Fifth Amendment rights - which
protects defendants from self-incrimination.
Prosecutor's Office: Ravi 'shows no remorse' and
should be sentenced to prison
By Sue
Epstein/The Star-Ledger
05-11-12 --
Arguing that Dharun Ravi "shows no remorse" for his criminal
actions, the Middlesex County Prosecutor’s Office wants a judge to
sentence the former Rutgers University student to prison for using a
webcam to spy on his roommate in an intimate encounter with another
man. .
. . In a 14-page memorandum
submitted Thursday to Superior Court Judge Glenn Berman, First
Assistant Prosecutor Julia McClure did not request a specific jail
term but instead was seeking "merely what the New Jersey sentencing
statutes and relevant case law mandate and the facts in this matter
demand."
NEW YORK
NY commission recommends removal of town judge
Associated Press | Wall Street
Journal
05-10-12 --
The New York Commission on Judicial Conduct has recommended removing
a Rensselaer County town justice from the bench for her involvement
in two ticket-fixing cases.
. . . In a decision released
Thursday, the commission said East Greenbush Town Justice Diane
Schilling improperly intervened in the disposition of a speeding
ticket issued to the wife of another town judge in 2009. Four years
earlier, the commission said she returned her own speeding ticket to
a state trooper who said he would void it.
. . . "After the commission
uncovered a widespread pattern of ticket fixing throughout the state
in the late 1970s, more than 140 judges were disciplined for
engaging in this misconduct," the commission said. "Subsequent
incidents of ticket fixing were regarded with particular severity,
since judges now had the benefit of a significant body of case law
concerning the impropriety of this behavior."
NYC judge: Video-game company can sue Beyonce;
company claims singer backed out of game deal
By
Associated Press | Washington Post
05-11-12 --
A Manhattan judge says a lawsuit by a video-game developer against
Beyonce can go to trial.
. . . The decision was made
by Justice Charles Ramos.
. . . The company, Gate Five,
claims the superstar backed out of a $20 million deal for a game
called “Starpower: Beyonce.”
Twitter Hits Back at Court, Prosecutors Over
‘Occupy’ Order
By Kim
Zetter, Wired Threat Level
05-08-12 --
In the battle to fight online fishing expeditions by law enforcement
officials there is little we can do individually to protect
ourselves — which makes it all the more important for internet
companies like Twitter and Google to fight back on our behalf.
. . . That’s exactly what
Twitter did when it filed a
surprisingly feisty motion (.pdf) this week in New York
City Criminal Court to quash a court order demanding that it hand
over information to law enforcement about one of its account holders
— an activist who participated in the
Occupy Wall Street protests — as well as tweets that he
allegedly posted to the account over a three-month period. The
company stepped in with the motion after the account holder lost his
own bid to quash the order.
OHIO
Juvenile court judge releases obese 9-year-old Cleveland Heights boy
from protective supervision
By Pat
Galbincea, The Plain Dealer
05-11-12 --
A 9-year-old Cleveland Heights boy classified as obese was released
from protective supervision Thursday and released to his mother, who
can get agency help for the next 90 days.
. . . Visiting Cuyahoga
County Juvenile Court Judge David Stucki said the lengthy case,
which dates back to March, 2010, has hopefully reached a conclusion
now that a decision has been made "in which the best interest of the
child has been protected."
. . .
The case gained international
attention after the Cuyahoga County Children & Family Services
removed the boy from his mother's care because caseworkers said she
wasn't doing enough to control his weight, which was 218 pounds at
the time. He was pulled from his home last October and slimmed down
to 166 pounds after living with an uncle in Columbus.
. . .
The boy was returned to his mother
early in March under protective supervision.
OREGON
Oregon veteran seeks Supreme Court review of divorce court
allocation of his disability pay
By Mike
Francis, The Oregonian
05-09-12 --
It's an argument that has raged in some veterans' circles for years:
Do family courts have the right to consider income from veterans'
benefits when calculating spousal or child support? A disabled Air
Force reservist from Albany is seeking to bring the question before
the U.S. Supreme Court -- again.
. . .
Peter Barclay argues that he
shouldn't have been ordered by the Linn County Circuit Court to pay
his ex-wife, Claudia Barclay, $1,000 a month in spousal support
because the amount was calculated by combining his monthly
Department of Veterans Affairs disability benefits and his Social
Security Disability benefits. He and his lawyer argue that federal
law prohibits states from including VA disability benefits in such
calculations, on the grounds that Congress intended such benefits to
be for the welfare of the veteran. But the Oregon Court of Appeals
and the Oregon Supreme Court refused to overturn the Linn County
Court.
RHODE
ISLAND
R.I. Gov. Chafee to appeal Pleau case to U.S. Supreme Court
By Katie
Mulvaney, The Providence Journal
05-09-12 --
Citing Rhode Island's longstanding ban on the death penalty,
Governor Chafee announced Wednesday the state will appeal a decision
demanding its surrender of a murder suspect to federal custody to
the U.S. Supreme Court.
. . .
"Given the close vote of the full
court, which demonstrates a genuine split in the interpretation of
the law, the State of Rhode Island must seek to protect both the
strong states' rights issues at stake and the legitimacy of its
longstanding public policy against the death penalty," Chafee said
in an emailed statement.
TEXAS
Drug crime sends first-time offender grandmom to prison for life
Houstonian, who has no secrets to trade, is doing more time than
drug lords
Dane
Schille, Houston Chronicle 
05-10-12 --
The U.S. government didn't offer a reward for the capture of Houston
grandmother
Elisa Castillo, nor did it accuse her of touching drugs,
ordering killings, or getting rich off crime.
. . . But three years after a
jury convicted her in a conspiracy to smuggle at least a ton of
cocaine on tour buses from Mexico to Houston, the 56-year-old
first-time offender is locked up for life - without parole.
. . . "It is ridiculous,"
said Castillo, who is a generation older than her cell mates, and is
known as "grandma" at the prison here. "I am no one."
. . . Convicted of being a
manager in the conspiracy, she is serving a longer sentence than
some of the hemisphere's most notorious crime bosses - men who had
multimillion-dollar prices on their heads before their capture.
Plea Deal re Extorted $1M Screenplay Gives Feds a
Stake in New ‘Mary, Mother of Christ’ Biopic
By
Martha Neil, ABA Journal
05-09-12 --
In a criminal justice saga that reads like a fictional entertainment
industry thriller, the feds have acquired a 10 percent ownership
stake in an upcoming religious movie biopic penned by a
co-screenwriter of the $610 million blockbuster The Passion of the
Christ.
. . . Drug trafficker Jorge
Vázquez Sánchez, 34, has agreed as part of a plea deal in a federal
case in San Antonio to turn over the ownership stake in Mary, Mother
of Christ after admittedly helping to extort a then-owner of the
screenplay, Arturo Madrigal, to give up his stake by threatening
Madrigal and kidnapping his brother, the
Houston Chronicle reports. Vázquez then sold the
screenplay for $1 million.
Texas Inmate Gets 40 Percent of Vote in W. Va.
Presidential Primary
By Debra
Cassens Weiss, ABA Journal
05-09-12 --
President Obama is so unpopular in West Virginia that a Texas inmate
won about 40 percent of the vote in the state's Democratic primary.
. . . Keith Judd paid a
$2,500 filing fee and filed a form to get on the state ballot, the
Associated Press reports. AP says Judd is in federal
prison for making threats at the University of New Mexico, while
ABC and the
Charleston Gazette say he is incarcerated for extortion.
. . . Candidates who garner
more than 15 percent of the vote usually qualify for a delegate to
the Democratic National Convention. But no one has filed to be a
Judd delegate, AP says.
WISCONSIN
Wisconsin Top Court Fires Judicial Oversight Panel Chief
By
Andrew Harris and Marie Rohde, Bloomberg
05-11-12 --
Wisconsin’s Supreme Court declined to reappoint the head of an
oversight panel that charged a court member with violating the
state’s judicial code of ethics, according to a letter signed by
judges who opposed the move.
. . .
The nine-member Wisconsin Judicial
Commission headed by attorney John R. Dawson found probable cause
that Justice David T. Prosser violated three parts of the state’s
Code of Judicial Conduct and recommended the matter for trial before
a three- judge panel drawn from Wisconsin’s intermediate-level
appellate court. Prosser has denied the allegations.
. . .
“We regret to inform you that the
Supreme Court, over our objections, has voted not to reappoint you
to a second full term on the Wisconsin Judicial Commission, which
you currently chair,” Chief Justice Shirley Abrahamson said today in
a letter co-signed by two other high court judges.
|
HELP KEEP
VICTIMS-OF-LAW ON THE WEB
SHOP OUR ADVERTISERS
OR
CONTRIBUTE NOW
|
May 5, 2012
-- May 8, 2012
FEDERAL COURT
NOMINEES
Senate confirms last three of 14 judicial nominees
By
Daniel Strauss - The Hill Blog
05-07-12 --
The Senate confirmed three of President Obama's judicial nominees,
completing a deal made the chamber's leadership to confirm 14
nominees in two months.
. . .
Kristine Baker was confirmed for the
Eastern District of Arkansas by voice vote, John Z. Lee was
confirmed for the Northern District in Illinois by voice vote, and
Jacqueline Nguyen was confirmed 91 to 3 for the 9th Circuit Court in
California. The confirmations complete an agreement made by Senate
leaders to confirm 14 of 17 nominees for judicial vacancies picked
by President Obama.
Jacqueline H. Nguyen of L.A. confirmed to U.S. 9th
Circuit Court
She
becomes the first Asian American woman to sit on a federal appellate
court.
By Lisa
Mascaro, Los Angeles Times Washington Bureau
The Senate confirmed Jacqueline H.
Nguyen of Los Angeles to the U.S. 9th Circuit Court of Appeals on
Monday, making her the first Asian American woman to sit on a
federal appellate court.
. . . By a 91-3 vote, the
Senate agreed to Nguyen's nomination as part of an earlier deal to
begin acting on President Obama's nominees. Republicans had been
holding up some of the president's choices as part of a protest over
White House appointments.
Lawyers in D.C. to Lobby White House, Hill on
Judicial Vacancies
Todd
Ruger, The BLT, The Blog of the Legal Times
05-07-12 --
Lawyers and legal experts from 27 states travelled to Washington to
meet with White House and Capitol Hill officials today to shake up
what they see as a stalled process to fill federal judicial
vacancies across the country.
. . . The White House met
with the citizen-lobbyists, and the coalition of more than two dozen
liberal advocacy groups behind the event, to discuss the process
this morning – the last day of an agreement in the Senate that
allowed 14 non-controversial nominees to get confirmation votes.
FEDERAL
COURTS
Federal court reverses order for VA health care overhaul; defers to
president, Congress
Associated Press | Fox News
05-08-12 --
A federal appeals court on Monday reversed its demand that the
Veterans Affairs Department dramatically overhaul its mental health
care system.
. . . A special 11-judge
panel of the 9th U.S. Circuit Court of Appeals said that any such
changes need to be ordered by Congress or the president.
. . . The 10-1 ruling
reversed an earlier decision by a three-judge panel of the same
court.
. . . The May 2011 ruling had
ordered the VA to ensure that suicidal vets are seen immediately,
among other changes. It found the VA's "unchecked incompetence" in
handling the flood of post-traumatic stress disorder and other
mental health claims was unconstitutional.
Judge scolds Microsoft, Motorola in latest court
feud
Posted
by Janet I. Tu, The Seattle Times
05-08-12 --
A Seattle courtroom hearing in a patent case fought Monday between
Microsoft and Motorola may have involved lots of technical and legal
jargon, but a few times the two companies' arguments sounded more
like a playground dispute.
. . . "They started this,"
Motorola's attorney, Jesse Jenner, said at one point about one of
many rounds of litigation waged between the two companies. "We
didn't start this."
. . . And U.S. District Judge
James Robart, who said he was reserving his ruling until later,
ended up scolding both companies..
. . . "The court is well
aware it is being used as a pawn in a global, industrywide business
negotiation," Robart said at the end of the three-hour hearing.
Google Is Probably the Big Winner in First Phase of
Oracle Trial
By Ginny
LaRoe, The Recorder
05-07-12 --
The verdict is in. But no one went home a clear winner.
The jury hearing Oracle Corp.'s
smartphone suit against Google Inc. found for Oracle on a major
question of copyright infringement Monday, saying Google had
infringed "the overall structure, sequence and organization of
copyrighted works." But it deadlocked on a second crucial part of
that question: whether Google made fair use of that Java technology
in its hugely successful Android operating system. That prompted
Google lead counsel Robert Van Nest to move for a mistrial on that
infringement question, which is where Oracle had hoped to cash in on
the eye-popping damage figures, at one point estimated at around $1
billion.
. . . "Given the law on fair
use and affirmative defenses, you cannot receive a partial verdict
on question one," said Van Nest, of Keker & Van Nest. Oracle lead
counsel Michael Jacobs of Morrison & Foerster said he would save his
arguments for the briefs, which will be filed this week. He will be
asking for Alsup to rule, as a matter of law, that Google's fair use
defense fails. Google also is seeking judgment as a matter of law.
Abbott Laboratories Agrees to Pay $1.5B for
Off-Label Drug Marketing
Posted
by Rob Stigile, The BLT, The Blog of the Legal Times
05-07-12 --
In the second-largest payment ever by a drug company, Abbott
Laboratories agreed today to pay $1.5 billion and enter a guilty
plea in federal district court in Virginia for unlawfully marketing
one of its medications to seniors for off-label uses.
. . . The settlement,
announced in a Justice Department statement today, is still pending
approval by the court. The settlement provides for a criminal fine
and forfeiture of $700 million, and civil settlements of $800
million, to be split between the federal government and states that
choose to participate in the agreement.
. . . The drug Depakote
originally was approved by the Food and Drug Administration to
control epileptic seizures, bipolar mania and preventing migraines.
The company admitted in the plea that it ran a marketing program
that urged nursing homes to use the drug to help treat schizophrenia
and control aggression in dementia patients.
Stun gun cases could electrify the Supreme Court
By
Michael Doyle McClatchy Newspapers
05-04-12 --
Malaika Brooks was seven months pregnant when a Seattle police
officer stunned her with a Taser. Hawaii resident Jayzel Mattos was
at home when she, too, got zapped by police.
. . .
Now, the Supreme Court is being
asked to consider for the first time police use of Tasers. With more
than 11,000 agencies nationwide arming officers with the stun guns,
the time may be getting ripe for settling questions about when
electrical force becomes excessive.
. . . “One could argue that
the use of painful, permanently scarring weaponry on non-threatening
individuals, who were not trying to escape, should have been known
to be excessive by any informed police officer,” Appellate Judge
Mary Schroeder noted, before cautioning that “there is no good case
law” to clarify decision-making.
The final chapter for false-marking whistleblower
suits?
By Sheri
Qualters, The National Law Journal
05-04-12 --
The patent reform act's severe limitation on false-marking cases
properly applies to cases filed before the law's enactment, the
Federal Circuit ruled on May 2.
. . .
The America Invents Act, enacted on
Sept. 16, 2011, requires that false-marking plaintiffs demonstrate a
competitive injury from a company's false marking. The order stops a
cottage industry of false marking cases that sprung up in the wake
of a December 2009 Federal Circuit ruling that opened the door to
sizable monetary awards in qui tam cases. That ruling, in
Forest Group Inc. v. Bon Tool Co., held that the
False Marking Statute "requires the penalty to be imposed on a per
article basis."
. . .
The Federal Circuit's unanimous
panel per curium order in
Rogers v. Tristar Products Inc. denied Bruce
Rogers' motion for the court to reconsider its Nov. 16, 2011,
dismissal of his appeal. That earlier order remanded the case to
Judge Eduardo Robreno of the Eastern District of Pennsylvania with
instructions to dismiss, ruling the case to be moot.
. . .
Judges William Bryson and Sharon
Prost and Senior Judge Anthony Schall issued both orders.
|
PAYING
TOO MUCH FOR CAR INSURANCE?
A
Victims-of-Law Associate |
DELAWARE
Ousted Delaware Judge Gets to Keep His Pension
Delaware judge who's being booted from the bench will still be
allowed to collect his state pension.
By
Randall Chase, Associated Press | NBC 10 Philadelphia
05-08-12 --
A Sussex County judge who tried to establish a romantic relationship
with a female attorney who often appeared in his courtroom is being
stripped of his job but will be allowed to collect his state pension
of $85,000 a year.
. . . A judicial panel ruled
late last week that Family Court Judge John Henriksen will be
removed from his post on Nov. 2, one day after his 12-year pension
entitlement vests.
FLORIDA
Zimmerman absent for his arraignment: Lawyer pleads not guilty on
his behalf
By
Veronica Roberts, allvoices
05-08-12 --
George Zimmerman was a "no-show" for his arraignment in a Sanford,
Florida courtroom on Tuesday. Lawyer Mark O'Mara reportedly entered
a plea of "Not Guilty" on his behalf.
. . . The 28-year-old
neighborhood watch volunteer charged with 2nd degree murder for the
shooting death of 17-year-old Trayvon Martin, has disappeared since
being released on $150,000 bond. Defense attorney O'Mara said his
client was in hiding for his safety and probably would not show up
until the official start of his trial.
. . . Last week, O'Mara set
up
GZLegalCase, a website where supporters of Zimmerman
could go to donate money towards his defense or ask questions about
the case. Twitter and Facebook accounts were also set up, which is
highly unusual in a murder case.
. . . Before that, Zimmerman
was raked over the coals in the media for collecting more than
$200,000 dollars through his first website and not revealing this to
the court. His bail was less than the amount he had sitting in a
PayPal account and many thought the presiding judge Kenneth Lester
would have thrown the book at him.
MISSOURI
All charges dismissed in Kansas City lawyer’s murder case
By Tony
Rizzo, The Kansas City Star
05-07-12 --
A murder case that roiled the Kansas City legal community for more
than a decade has been dropped.
. . . Faced with an appeals
court ruling that threw out all evidence in the case, Jackson County
prosecutors said Monday that they had dismissed murder charges
against a Kansas City lawyer accused in the 2000 killing of his law
partner.
. . . The case against
Richard Buchli, accused in the beating death of Richard Armitage,
had been plagued throughout by problems over evidence being turned
over to defense attorneys in a timely manner.
. . . After those problems
came to light, Buchli’s 2002 conviction on charges of first-degree
murder and armed criminal action was thrown out in 2006.
NEW
HAMPSHIRE
NH Supreme Court offers compromise on rule-making constitutional
amendment plan
By John
Distaso, Union Leader Senior Political Reporter
05-03-12 --
(UPDATE: The Senate Judiciary Committee voted 4-1 to recommend that
the constitutional resolution pass the Senate with the change
offered by the Supreme Court justices, described below, a committee
spokesman said. The Senate is expected to take up the measure next
week.)
. . . Faced with the
possibility of losing the exclusive rule-making authority it has had
for three decades, the state Supreme Court on Wednesday offered a
compromise plan that would give lawmakers “concurrent” power to
regulate court administrative and procedural matters by statute.
. . . Associate Justice
Robert Lynn told the Senate Judiciary Committee the alternative
constitutional amendment resolution he and Senior Associate Justice
Gary Hicks presented “would specifically recognize that, just as the
courts have rule-making authority, which is absolutely essential,
the Legislature should also have the power to make statutes that
affect court procedure. And if there's a conflict between a statute
and a court rule, the statute should win unless the statute violates
some other provision of the Constitution.”
|
Quicken Loans is a Victims-of-Law Associate |
NEW JERSEY
N.J. Superior Court judges beware: Gov. Christie may be after you
By
MaryAnn Spoto/The Star-Ledger
05-07-12 --
Gov. Chris Christie is expected to dump several state Superior Court
judges in the coming weeks as the battle over judicial appointments
heats up again.
. . . Last week at a town
hall meeting, Christie said he’s fed up with the judiciary, which he
views as too activist.
. . . "So I’m being much more
discriminating about who I renominate. They have bills in to rubber
stamp automatically. I’m not doing that. You’re going to be seeing
me do less of that in the coming weeks," Christie told the audience
in Garfield. "I’m doing this because I’m at wit’s end about how to
change this bench in the state."
PENNSYLVANIA
Phila. Jury Awards $78.5 Mil. for Brain Damage During Birth
By
Amaris Elliott-Engel, The Legal Intelligencer
05-07-12 --
A Philadelphia jury rendered a $78.5 million medical malpractice
verdict in the case of a child who has cerebral palsy because of a
loss of oxygen during a delay in her delivery.
. . .
The verdict against Pottstown
Memorial Medical Center, Montgomery County, is the second-largest
medical malpractice verdict in Pennsylvania since 2000. A
Philadelphia jury awarded $100 million in 2001 in the case of Able
v. Cavarocchi, according to The Legal 's sibling publication, PaLAW
. . .
. The jury in Nicholson-Upsey
v. Touey deliberated an estimated 15 hours over three days, lead
plaintiffs attorney Daniel S. Weinstock of Feldman Shepherd
Wohlgelernter Tanner Weinstock & Dodig said on Friday afternoon.
. . .
Parrys Nicholson-Upsey's
mother, Victoria Upsey, was told her baby had died, but Upsey told
the treating obstetrician she was still feeling her baby kick inside
of her, according to plaintiffs court papers.
RHODE
ISLAND
Rhode Island Governor Loses Battle to Keep Inmate from Potential US
Death Penalty Prosecution
By Debra
Cassens Weiss, ABA Journal
05-08-12 --
Rhode Island Gov. Lincoln Chafee says he is evaluating his options
after a federal appeals court ruled he must hand over a murder
defendant for federal prosecution.
. . . Chafee had refused to
surrender defendant Jason Pleau because of the possibility the feds
would seek the death penalty, an option he opposes, report the
Associated Press and the
Boston Globe. Rhode Island does not authorize capital
punishment. Pleau is currently serving an 18-year sentence in the
state for violating probation in another case.
TENNESSEE
Mother jailed for baptizing her son without her ex-husband's
consent... because it breached their divorce contract
By Daily
Mail Reporter
05-08-12 --
A woman was jailed for one day after letting her 12-year-old son get
baptized without consulting the boy’s father, her ex-husband on the
decision.
. . .Stephanie
and Stephen Miller's divorce contract states that decisions,
including those on religious upbringing, about their children must
be made together – and the boy's mother was dragged to court.
. . . Both the boy's parents
attended the baptism ceremony at a local church in Knoxville,
Tennessee- but Steven Miller argued he should have been part of the
original decision.
TEXAS
Family Beats HOA in Court, Gets to Keep Pig
Damali
Keith, MyFox Houston Reporter
05-07-12 --
They say he's family. The Home Owner's Association says he's got to
go. So what does a judge have to say about residents keeping a pig
as a pet in a neighborhood in Spring?
. . . "I will allow the
family to keep Wilbur," announced Judge Mike Engelhart in a Harris
County Civil Courtroom.
. . . What was the argument
about? The HOA says livestock should not live in The Thicket at
Cypresswood Subdivision. Alex and Missy Sardo's answer: their
Vietnamese Pot-Bellied Pig Wilbur isn't livestock but a pet.
. . . "He's like one of my
kids. He's actually sometimes better than my kids. We love him very
much," laughs Alex Sardo.
UTAH
Judge to decide who gets Gary Coleman’s ashes, estate
Shannon Price trying to prove that she and “Diff’rent Strokes” star
had common-law marriage.
By
Donald W. Meyers, The Salt Lake Tribune
05-08-12 --
The fate of the late Gary Coleman’s estate now rests with a 4th
District judge.
. . . Judge James Taylor said
he would take the case between Shannon Price, Coleman’s ex-wife, and
Anna Parker, CEO of Coleman’s corporation, under advisement after
both sides rested Tuesday morning. Taylor did not indicate when he
would issue a ruling on who will control the "Diff’rent Strokes"
star’s estate.
. . . Price and her attorney,
Mitchell Maughan, have maintained that Price, who secretly divorced
Coleman in 2008, had a common-law marriage to the former child star.
. . . But during closing
arguments, Taylor pressed Maughan for proof that Price and Coleman
had achieved a key legal requirement for common-law marriage:
establishing a reputation in the community as a married couple. He
said testimony from a banker, a neighbor and an agent who said they
appeared to be married was not enough.
Eyes
on the Judiciary
