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Wyoming Supreme Court rules for bar owners
Court Watch | 2011/08/29 09:25

The Wyoming Supreme Court has ruled that state law protects bar owners from lawsuits arising from the actions of their intoxicated patrons.

In a split decision Friday, the court upheld a lower court ruling against relatives of a Ten Sleep couple who died in a head-on crash in 2008. The couple's relatives had sued the owners of two Big Horn County saloons claiming they continued to serve the driver who plowed into the couple after he was drunk.

The court majority ruled state law from the 1980s holds bar owners can't be held liable for their patrons' actions.

Chief Justice Marilyn S. Kite and Justice William Hill filed a dissenting opinion saying they would allow lawsuits against bar owners if they violated local ordinances against serving alcohol to intoxicated persons.


No choking charges for Wis. Supreme Court justice
Breaking Legal News | 2011/08/26 10:07
A conservative Wisconsin state Supreme Court justice who staved off an unusually intense campaign to replace him this summer will not face criminal charges over allegations that he tried to choke a liberal colleague, a prosecutor said Thursday.

Sauk County District Attorney Patricia Barrett, a special prosecutor in the case, said that after reviewing investigators' reports, she decided there's no basis to file charges against either Justice David Prosser or Justice Ann Walsh Bradley, who accused Prosser of choking her.

Barrett, who is a Republican, told The Associated Press that the accounts of the other justices who were present when the alleged altercation occurred varied widely, however she declined to elaborate.

"I believe a complete review of the report suggests there is a difference of opinion. There are a variety of statements about what occurred ... the totality of what did happen does not support criminal charges against either Justice Bradley or Justice Prosser," Barrett said.

Walsh Bradley accused Prosser of choking her in June while the justices were deliberating the merits of a lawsuit challenging Republican Gov. Scott Walker's contentious law stripping public workers of most of their collective bargaining rights. Walsh Bradley, 61, is seen as part of the court's three-justice liberal minority, while Prosser, a 68-year-old former Republican legislator, is considered part of the four-justice conservative majority. The factions have been feuding for years.

The court delivered its verdict the day after the alleged incident, ruling 4-3 to uphold the law and allowing it to finally take effect. As expected, Prosser voted with the majority.




Lieff, Cabraser, Heimann & Bernstein, LLP Announces Class Action Lawsuits
Class Action | 2011/08/26 10:07
The law firm of Lieff, Cabraser, Heimann & Bernstein, LLP is investigating potential securities law violations as alleged in class action lawsuits brought on behalf of all purchasers of American Depository Shares (“ADS”) of SinoTech Energy Limited (“SinoTech” or the “Company”) (NASDAQ:CTE - News) between November 3, 2010 and August 16, 2011 (the “Class Period”), including purchasers of SinoTech ADSs in the Company’s initial public offering (the “IPO”) on November 3, 2010.

If you purchased or acquired SinoTech ADSs during the Class Period and/or in the IPO, you may move the Court for appointment as lead plaintiff by no later than October 18, 2011. A lead plaintiff is a representative party who acts on behalf of other class members in directing the litigation. Your share of any recovery in the action will not be affected by your decision of whether to seek appointment as lead plaintiff. You may retain Lieff Cabraser, or other attorneys, as your counsel in the action.

SinoTech shareholders who wish to learn more about the action and how to seek appointment as lead plaintiff should click here or contact Sharon Lee of Lieff Cabraser toll free at (800) 541-7358.





Court asked to stop immigrant license checks
Court Watch | 2011/08/25 08:59

Four state legislators and a Silver City woman asked a judge Wednesday to stop Gov. Susana Martinez's administration from trying to verify whether immigrants who received a driver's license in New Mexico still live in the state.

An Albuquerque law firm and the Mexican American Legal Defense and Educational Fund filed a lawsuit in state District Court in Santa Fe on behalf of the Democratic lawmakers and the Hispanic woman.

The suit seeks to block a state agency from checking a random sample of 10,000 license holders who are foreign nationals to determine their residency.

New Mexico is one of only three states — the others are Washington and Utah — where an illegal immigrant can get a driver's license because no proof of citizenship is required. However, Utah's permits cannot be used as government ID cards.

Martinez wants the Legislature to end New Mexico's policy of granting driver's licenses to illegal immigrants. She and other critics contend it jeopardizes public safety and attracts illegal immigrants who fraudulently claim to live in the state only to get ID cards that make it easier to stay in the country.




Court: No 1st Amendment right to stream live games
Breaking Legal News | 2011/08/25 08:59

The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide.

The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them.

The case began in 2008, when the sports association sued The Post-Crescent, an Appleton newspaper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video-production company for streaming its tournaments.

After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association.

The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games live.




NJ court orders changes to witness ID evidence
Law Center | 2011/08/24 08:59

New Jersey's highest court has ordered changes to the way eyewitness identifications are used in court, saying the current system is not reliable enough.

The state Supreme Court found that the current process doesn't deter police misconduct and overstates the jury's ability to evaluate identification evidence.

Currently, a defendant has the burden of proving there was undue suggestion during the identification process. That will stay the same.

But the court on Wednesday ordered a pretrial hearing when a defendant can show some evidence of suggestiveness by police. The court also says juries should hear a better explanation of the potential flaws with eyewitness identifications. The new rules will apply to future cases.




NY court rejects $18M class action writers deal
Court Watch | 2011/08/23 10:24
A federal appeals court in New York has rejected an $18 million class action settlement reached after freelance writers sued publishers.

The writers had said their copyrights were infringed upon when their works were reprinted online without permission.

The 2nd U.S. Circuit Court of Appeals in Manhattan said Wednesday the 2005 deal had to be scrapped because the plaintiffs didn't adequately represent all members of the class. It says more than 99 percent of claims wouldn't be covered by the settlement because they involved writers who hadn't registered copyrights.

The settlement was reached after the Supreme Court in 2001 ruled freelance writers have online rights to their work. The case largely applied to articles, photographs and illustrations produced 15 or more years ago.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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