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Supreme Court hears arguments in insurance
Breaking Legal News | 2007/01/16 21:02
The US Supreme Court heard oral arguments Tuesday in the consolidated cases of Safeco Insurance v. Burr and GEICO General Insurance v. Edo, 06-00084 and 06-00100, cases in which plaintiffs claim the insurance companies GEICO and Safeco  breached the dictates of the Fair Credit Reporting Act when they failed to notify customers that poor credit reports were the reason they had been denied favorable rate coverage. The case is on appeal from the US Ninth Circuit Court of Appeals which held in January 2006 that the requisite state of mind the plaintiffs must prove to establish a violation of the act is reckless disregard, while defendants urged the standard of knowledge would be more appropriate. Justice Samuel Alito indicated at argument that he did not favor the notification requirements urged by plaintiffs.


Lewis Brisbois Bisgaard & Smith LLP New Partners
Law Firm News | 2007/01/16 21:01



Lewis Brisbois Bisgaard & Smith LLP, a 500+ attorney nationally recognized, full service law firm announced today that fourteen attorneys have been elevated to partner status within six of their twelve firmwide U.S. locations, including Los Angeles, Las
Vegas, Phoenix, New York, Sacramento and San Francisco.

The following Lewis Brisbois Bisgaard & Smith LLP attorneys are skilled advocates who have demonstrated superior litigation skills across a wide variety of case types:

Las Vegas, NV

Jeff Olster (Insurance Coverage & Bad Faith)

Los Angeles, CA

Rand Carstens (Employment & Labor), Jason Chermela(Medical Malpractice), Judd Gilefsky (Environmental Law & Toxic Tort), Sheila Starvish (Elder Law/Medical Malpractice), Ivan Tjoe (Commercial Litigation)

New York, New York
Stephanie Nashban (Directors & Officers)

Phoenix, Arizona
Mike Obert (Professional Liability)

Sacramento, CA
Scott Cote (Elder Law) and Karen Tang (Professional Liability)

San Francisco, CA
Sasha Cummings (General Liability), Paul Desrochers (Environmental Law & Toxic Tort), Danielle O'Bannon (Commercial Litigation, General Liability, Products Liability), Melynnie Rizvi (Employment & Labor)

Founded in 1979, Lewis Brisbois Bisgaard & Smith LLP has grown from a small firm with a core practice focusing on litigation into a full service firm with a highly diversified practice. While remaining exceptionally strong in the litigation arena, the Firm is actively involved in the representation of its clients in over 20 different practice areas. Lewis Brisbois offices are located in Chicago, Lafayette, Las Vegas, Los Angeles, New York, Orange County, Phoenix, Sacramento, San Bernardino, San Diego, San Francisco and Tucson.

http://www.lbbslaw.com



Iran national sentenced for Visa Fraud
Court Watch | 2007/01/16 14:59

An Iranian national has pleaded guilty to one count of conspiracy to commit visa fraud before the Honorable Ricardo M. Urbina in U.S. District Court for the District of Columbia, Assistant Attorney General Alice S. Fisher of the Criminal Division announced today.

Shahram Shajirat, a citizen of Iran, was indicted in January 2004 along with his wife and co-conspirator, Soraya Marghi, in connection with a visas-for-sale ring operated out of the U.S. Consulate in Dubai, United Arab Emirates in the summer of 1999. Through this scheme, at least 25 Iranian men, women and children purchased U.S. non-immigrant visas from Shajirat and Marghi for travel to the United States without undergoing the required security protocols. As part of his plea of guilty, Shajirat will cooperate fully with U.S. authorities to identify each of the visa recipients who illegally received non-immigrant visas.

The conspiracy charge carries a maximum penalty of five years in prison and a fine of $250,000. Judge Urbina set a sentencing date for April 12, 2007.

Marghi, who has dual Canadian and Iranian citizenship, pleaded guilty to conspiracy to commit visa fraud in connection with the same illegal scheme before Judge Urbina on October 20, 2005. Marghi has cooperated with U.S. authorities.

The case is being prosecuted by Matthew C. Solomon and William J. Corcoran of the Public Integrity Section of the Criminal Division, headed by Acting Chief Edward C. Nucci. The case is being investigated by the Visa Fraud Branch of the Diplomatic Security Service of the U.S. Department of State.



Bush Shifts Nominee for Appeals Court
Politics | 2007/01/16 12:58

President Bush on Tuesday shifted a controversial federal appeals court nominee from one opening to another to satisfy Senate Democrats.

In a nod to the Senate's new Democratic leadership, Bush withdrew the nomination of Norman Randy Smith of Idaho for one seat on the San Francisco-based 9th U.S. Circuit Court of Appeals and nominated him for a different seat.

Federal appeals court seats traditionally stay in the hands of judges from the same states. Bush nominated Smith to a 9th Circuit seat held by a judge who lived in Idaho but previously had lived in California.

Sen. Dianne Feinstein, D-Calif., a Judiciary Committee member, threatened to block the Smith nomination, contending the seat was a California seat. She argued that if Smith were confirmed, California would be underrepresented on the nation's largest federal appeals court.

Only last week Bush resubmitted Smith's name to the Senate for the California seat, which had been held by Judge Stephen Trott, On Tuesday he withdrew that nomination and nominated Smith to replace Thomas G. Nelson of Idaho.

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., welcomed the move, saying that Bush had "avoided a needless fight over a judicial nominee."



UN marks soaring Iraq death toll
International | 2007/01/16 09:38

U.N. officials in Baghdad say more than 34,000 Iraqis perished in violent incidents last year, far more than the government had reported.  U.N. experts say it is urgent to strengthen the police, courts, and other institutions to stem the bloodshed.  VOA's Jim Randle reports from Baghdad.

The chief of the U.N. Human Rights Office in Iraq, Gianni Magazzeni, says U.N. staffers gathered the information from hospitals and the Ministry of Health. The statistics are grim.

"During 2006, a total of 34,452 civilians have been violently killed and 36,685 wounded," he said.

The report says an average of almost 100 people a day die in Iraq's violence.

These figures are much higher than those from Iraq's government, and government officials have called previous U.N. reports "exaggerated."

This report says the security services have been infiltrated by sectarian militia members and are ineffective.

Magazzeni says the appalling toll will not stop until Iraqis have reason to have faith in their police, courts and other institutions of justice.



Historians in court for "Da Vinci Code" appeal
Court Watch | 2007/01/16 09:30

Two historians who lost a plagiarism case against "The Da Vinci Code" author Dan Brown launched an appeal on Tuesday to have the verdict overturned.

Michael Baigent and Richard Leigh, who wrote "The Holy Blood and the Holy Grail" which they say Brown copied, were at London's High Court to hear the opening of the appeal.

Their lawyer, Jonathan Rayner James, will argue that the original judge was wrong to dismiss the idea of a "central theme" in the historians' research which he says was used extensively in six chapters of "The Da Vinci Code."

"The ... judge 'rejected' the central theme because, inter alia, it was not the substantial part of HBHG (The Holy Blood and the Holy Grail)," he said in a printed summary of his argument to be presented in court.

"This approach is incorrect; it does not have to be the substantial part of HBHG ...

"Was there enough of an expenditure of skill and labor to warrant copyright protection? The appellants submit that there was."

Brown, who was called as a witness during the original case last year, is not expected to be present for the appeal.

Judge Peter Smith ruled in April that the central themes were too general or abstract to be protected by copyright.

Brown said at the time that novelists must be allowed to draw from historical works without fear of being sued.

"The Da Vinci Code" is one of the most successful novels of all time, selling more than 40 million copies worldwide and being turned into a major Hollywood movie. It is published in Britain by Random House, as is "The Holy Blood."

The appeal is likely to focus on legal argument, and lack the original case's colorful and often heated debate about the Merovingian monarchy, the knights Templar and Jesus' bloodline.

Both "The Da Vinci Code" and "The Holy Blood and the Holy Grail" raise the possibility that Jesus had a child by Mary Magdalene, that she fled to France after the Crucifixion and that Christ's bloodline survives to this day.

They also associate Magdalene with the Holy Grail.

As in the case last year, the appeal will also focus on Brown's wife Blythe, who emerged as a key contributor to "The Da Vinci Code" through research and ideas.

"In this case, Mrs. Brown knew that she was exclusively using HBHG for that subject matter comprising the Langdon/Teabing lectures," Rayner James said, referring to the six chapters around which the case centers.

"She took a 'short cut' through the research and investigation and simply lifted the material from HBHG."

The appeal is expected to wind up on Friday. The judgment is likely to be delivered in written form at a later date.



Court blocks widow from collecting $5M
Court Watch | 2007/01/16 09:29

The Supreme Court on Tuesday blocked the widow of a man who died in a Texas jail from pursuing a $5 million jury verdict.

The court without comment declined to consider the appeal of Jessie Dorado, whose husband died in an El Paso jail after being denied medication to control seizures. Eduardo Miranda, a Mexican national, was a physician who was arrested in 1997 on a two-year-old drunk driving charge. He died 74 hours later.

Miranda lived legally in El Paso, but practiced medicine in Juarez, Mexico.

His family invoked a federal civil rights law authorizing suits against state and local government officials who violate a person's constitutional rights. A jury awarded Dorado $5 million after deciding that the jail's doctor knew of Miranda's medical needs and failed to minister to him.

A Texas appeals court threw out the verdict. The court said the jail doctor had not acted with deliberate indifference. The appeals court also said Miranda's lawyers presented little evidence that the jail doctor set policy at the facility, a threshold plaintiffs often must cross in civil rights lawsuits against government officials.



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