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US court rules against FCC on `net neutrality'
Court Watch |
2010/04/06 08:52
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| A federal appeals court ruled Tuesday that the Federal Communications Commission lacks the authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks. The ruling by the U.S. Court of Appeals for the District of Columbia is a big victory for Comcast Corp., the nation's largest cable company. It had challenged the FCC's authority to impose so-called "net neutrality" obligations on broadband providers. The ruling also marks a serious setback for the FCC, which is trying to officially set net neutrality regulations. FCC Chairman Julius Genachowski argues that such rules are needed to prevent phone and cable companies from using their control over Internet access to favor some online content and services over others. The decision also has serious implications for the massive national broadband plan released by the FCC last month. The FCC needs clear authority to regulate broadband in order to push ahead with some its key recommendations, including a proposal to expand broadband by tapping the federal fund that subsidizes telephone service in poor and rural communities. The court case centered on Comcast's challenge of a 2008 FCC order banning the company from blocking its broadband subscribers from using an online file-sharing technology known as BitTorrent. The commission, at the time headed by Republican Kevin Martin, based its order on a set of net-neutrality principles it adopted in 2005 to prevent broadband providers from becoming online gatekeepers. Those principles have guided the FCC's enforcement of communications laws on a case-by-case basis, and now Genachowski is trying to formalize those rules. |
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Drug lab suspect in Calif. court for other case
Court Watch |
2010/04/06 04:53
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| A former technician accused of skimming drugs from San Francisco's crime lab has appeared in court for an unrelated drug case. Deborah Madden pleaded not guilty Monday to a felony cocaine possession charge in San Mateo County Superior Court. The case is due back in court May 18. The 60-year old Madden was arrested on March 3 after authorities investigating the disappearance of drugs at the San Francisco police lab found one-tenth of a gram of cocaine and a gun at her San Mateo home. She remains free on $10,000 bail. Madden has not been charged in the drug lab probe. |
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Texas man threatened deadly force to stop abortion
Criminal Law |
2010/04/06 04:52
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| A Texas man faces charges after he filed documents in federal court threatening to use deadly force to stop an abortion if the U.S. Supreme Court didn't immediately act to outlaw the practice, federal officials said Monday. Erlyndon Joseph "Joey" Lo, 27, of Plano, filed documents there Friday saying his religious beliefs entitled him to use deadly force to prevent an abortion. He listed the name of a clinic, its address and the time he was going to show up — noon that day. "I plan on saving at least one human life in Dallas, Texas," Lo wrote. FBI spokesman Mark White said he was unsure if Lo went at that time, but said agents worked with Dallas police "to make sure there wasn't going to be an issue at the clinic." Lo was arrested Saturday. |
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NY top court won't open nursing homes to lawyers
Breaking Legal News |
2010/04/05 08:05
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| New York's top court is refusing to order nursing homes to give state lawyers access to hundreds of psychiatric patients so they can advocate for alternative treatments, living conditions or even release. The Court of Appeals, divided 4-3, says the New York's Office of Mental Health decided not to license the nursing homes. Therefore lawyers for the Mental Hygiene Legal Service lack jurisdiction. State mental institutions began discharging patients in 1996 to nursing homes for continued but lower-level care. The MHLS was established to guard the rights of the mentally disabled in institutions. It sought access to all those patients. The nursing homes said no, citing privacy rights. |
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Court won't hear appeal from Lupe Fiasco mentor
Breaking Legal News |
2010/04/05 07:50
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| The Supreme Court won't hear an appeal from rap artist Lupe Fiasco's mentor, who was convicted on drug charges despite complaints that his jurors weren't asked whether they had any biases against firearms. The high court on Monday refused to hear an appeal from Charles Patton, who was convicted and sentenced to 44 years in prison on drug charges. He appealed his conviction, saying that jurors weren't questioned by his trial judge on whether they had any bias against firearms. Patton had a loaded firearm when he was arrested. The Illinois Appellate Court threw out the appeal, saying the judge did not have to ask about potential firearm bias on his own. |
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Triple Murder Suspect Tries to Plead Guilty
Court Watch |
2010/04/05 06:51
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| One of the suspects in a brutal Connecticut home invasion that left a mother and her two daughters dead has asked a judge to allow him to plead guilty, but his lawyers objected due to concerns over his mental state. Steven Hayes asked to plead guilty during a competency hearing last week. The competency hearing was scheduled after Hayes attempted to kill himself on January 30. Prosecutors are seeking the death penalty for Hayes and Joshua Komisarjevsky for the murders and sexual assaults of Jennifer Hawke-Petit and her daughters, 11-year-old Michaela and 17-year-old Hayley. Dr. William Petit survived the home invasion attack. If Hayes, 46, is allowed to plead guilty, under Connecticut law a jury or a three-judge panel would determine his sentence. |
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Court won't give Saudi citizen new trial
Law Center |
2010/04/05 05:51
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| The Supreme Court won't hear an appeal from a Saudi Arabian citizen who blamed anti-Muslim sentiment for his conviction for keeping his housekeeper a virtual slave. The high court on Monday turned away an appeal from Homaidan Al-Turki. He was convicted of false imprisonment, conspiracy, criminal extortion, theft and unlawful sexual contact. Al-Turki was convicted of sexually abusing his Indonesian housekeeper and paying her less than $2 per day. He complained that he wasn't allowed to question a potential juror about potential anti-Muslim sentiment. |
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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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