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Indian Tribes Head To Court To Stop Cigarette Tax
Tax |
2010/08/31 04:12
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Lawyers for Indian tribes are in federal court today to make a last-ditch effort to stop legislation taxing reservation cigarette sales to non-Indian customers. This comes after a state judge yesterday refused to block New York State from enforcing a $4.35 per pack tax starting tomorrow. Seneca Indian Nation officials had argued that the state circumvented procedures by adopting the regulations on an emergency basis. The tax is expected to generate an estimated $200 million a year in revenues for the state. Tribes argue the plan infringes on their sovereignty and could damage their economies.
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Ohio parents plead guilty to hog-tying young son
Criminal Law |
2010/08/31 04:04
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The parents of a Cleveland boy have pleaded guilty to hog-tying and duct-taping him to a coffee table on a nightly basis for months. Thirty-seven-year-old Andreia Huffman and 32-year-old Jason Dunikowski of Cleveland pleaded guilty Monday to a 196-count indictment. Charges include 180 kidnapping counts, child endangering and, against the mother, felonious assault. The prosecutor has recommended a 17-year sentence for the mother and 15 years for the father. Along with the nightly confinement, the couple admitted punishing the 8-year-old boy for six months by forcing him to stand all day facing a wall and smacking the back of his head until his nose broke. His 15-year-old brother called police in April. Messages seeking comment were left Monday with the couple's attorneys.
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Texas warden was last voice heard by 140 inmates
Law Center |
2010/08/31 03:05
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The voice of Charles Thomas O'Reilly is the last one about 140 people Texas death row inmates have heard over the past six years. O'Reilly has been the warden of the state prison simply called the Huntsville Unit, where he presided over more lethal injections than any other warden. O'Reilly retired Monday after more than 33 years with the Texas Department of Criminal Justice. He said he leaves with no reservations, no nightmares, having "always been a proponent of capital punishment." He said that before the lethal drugs were administered, he would ask inmates if they wanted to make a statement. He said he tried to avoid using the words "last" or "final."
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Thousands sign on for $10 billion BP suit
Class Action |
2010/08/30 08:20
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The revelation that BP's Texas City refinery emitted toxic benzene for more than a month has ignited a furor in the port community that has suffered its share of deadly industrial accidents and toxic spills. Thousands of residents who fear they may have been exposed to the known carcinogen released at the oil refinery from April 6 to May 16 have been flooding parking lots and conference halls where local trial attorneys hosted information sessions and sought clients for class-action lawsuits against the oil giant. BP faces the new challenge just as it is reaching a key milestone in another crisis — plugging the Gulf of Mexico well that blew out in an oil spill disaster that is costing the company billions of dollars. On Wednesday, more than 3,400 people lined the hallways and sidewalks around the Nessler Center to sign on to a $10 billion class-action lawsuit filed Tuesday in Galveston federal court by Friendswood attorney Anthony Buzbee. The lawsuit alleges the release of 500,000 pounds of chemicals - including 17,000 pounds of benzene - has jeopardized the health and property values of people who live and work in the area. At the nearby College of the Mainland, a separate town hall meeting drew a crowd of 600. "I've never seen anything like this," Buzbee said, looking at the lines waiting to enter a large room at the civic center where lawyers helped people fill out paperwork. "I can't believe this is mass hysteria and that everybody here is a faker," Buzbee said. Webster-based lawyer Chad Pinkerton said he's met with about 8,000 residents over the past week. "I believe this is probably the largest prolonged release in Texas history and many, many people are sick," he said. Word of the lawsuits spread this week, propelled in part by rumors that BP was cutting checks to head off the benzene claims from the $20 billion fund established to pay claims related to the oil spill.
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Facebook sued in California over teen endorsements
Venture Business News |
2010/08/30 08:19
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Two Los Angeles County teenagers are suing Facebook, claiming the social network effectively sold their names and images to advertisers without parental permission. The lawsuit filed Thursday in Los Angeles challenges a Facebook feature that allows members to note that they like an advertised service or product. Facebook broadcasts those endorsements to the user's friends. The lawsuit also claims minors unwittingly endorse Facebook when people typing their names in a search engine are steered to a Facebook sign-up page. The plaintiffs say Palo Alto-based Facebook is violating a California law that requires parental consent for children to make commercial endorsements. The teens seek unspecified damages. Facebook spokesman Andrew Noyes says the lawsuit is meritless. He notes Facebook doesn't allow users under 18 to let their profiles appear on public search engines.
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Appeals court OKs warrantless GPS tracking by feds
Court Watch |
2010/08/30 08:16
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The U.S. Court of Appeals for the Ninth Circuit earlier this month declined to schedule an en banc hearing, or a hearing before all judges in the ninth circuit, as requested by the defendant in a drug-related case. The defendant was seeking to suppress evidence gathered against him by federal agents who attached a GPS device to his vehicle without first obtaining a warrant. The defendant, Juan Pineda-Moreno of Oregon, claims that U.S. Drug Enforcement Agency agents violated his Fourth Amendment rights against unreasonable search by planting, without a warrant, a tracking device on a vehicle parked in his driveway in 2007. The agents were tracking Pineda-Moreno on suspicion that he belonged to a marijuana growing operation. A three-judge panel of the appellate court in January rejected Pineda-Moreno's claims and ruled that his constitutional rights were not violated. The court this month rejected a petition by Pineda-Moreno for a rehearing of his case by the full Ninth Circuit panel of judges. The appellate court's ruling essentially gives law enforcement agencies in the nine Western states under the Ninth Circuit's jurisdiction the legal authority to surreptitiously enter personal property and attach a GPS tracking device on vehicles parked there without first obtaining a warrant. |
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DOJ's elite Public Integrity unit gets new leader
Breaking Legal News |
2010/08/30 06:16
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The Justice Department's Public Integrity Section has a storied 34-year history of pursuing corruption in government and safeguarding the public trust. That trust was breached, however, when some of the unit's prosecutors failed to turn over evidence favorable to the defense in their high-profile criminal trial of Sen. Ted Stevens, R-Alaska, who died earlier this month in a plane crash. Now Jack Smith, a 41-year-old prosecutor with a love for courtroom work and an impressive record, has been brought in to restore the elite unit's credibility. Before Stevens, Public Integrity's renown was built on large successes — like the prosecution of the Jack Abramoff lobbying scandal and convictions of federal and state judges, members of Congress and state legislators, military officers, federal lawmen and bureaucrats and their state counterparts over the years. But its stumble — not disclosing exculpatory evidence as Supreme Court precedent requires — was equally large. It was so serious that Attorney General Eric Holder, one of Public Integrity's distinguished alums, stepped in and asked a federal judge to throw out Stevens' convictions. At the time of the Stevens debacle, Smith was overseeing all investigations for the international war crimes office at The Hague in the Netherlands. He'd read about the Stevens case. Offered the chance to take over Public Integrity, he couldn't stay away.
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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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