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Delaware to appeal sports betting ruling to Supreme Court
Court Watch |
2010/01/15 03:04
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As Delaware's first season of sports betting winds down, Governor Jack Markell says the state will challenge the federal Appeals Court ruling that limited the Delaware to offering parlay bets on NFL games. Governor Markell's office confirms the First State will petition the U.S. Supreme Court to overturn the Third Circuit Court of Appeals ruling in August that shot down Delaware's plan to offer single game betting on all sports. The state has retained the Washington D.C. firm of Sidley Austin to handle the appeal. That firm specializes in Supreme Court work. The decision to move forward is based in part on the willingness of the state's three racinos, Delaware Park, Dover Downs, and Harrington Raceway, to foot the bill for the appeal. The three racinos are currently the only venues that can offer sports betting in Delaware. Governor Markell's spokesman, Brian Selander, says the state will offer some new arguments in its appeal. The Third Circuit Court of Appeals ruled against Delaware's plan to offer single game bets on all sports in late August, siding with the NFL, NCAA, and other pro leagues who challenged Delaware. The Court ruled Delaware's sports betting plan violated the Professional and Amateur Sports Protection Act (PASPA), which prohibits sports betting. Delaware is one of four states with an exemption to PASPA, since it previously offered NFL parlay bets, but a three judge Third Circuit panel ruled narrowly that Delaware's exemption is limited to the same NFL parlay bets it offered back in 1976. |
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Scott Rothstein law partners probed
Attorneys in the News |
2010/01/14 07:44
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The Florida Bar is investigating at least 35 former senior lawyers in the now-bankrupt Fort Lauderdale law firm headed by Scott Rothstein, who was disbarred before he was criminally charged last month with using the firm to run a $1.2 billion investment racket. The Bar confirmed to The Miami Herald Wednesday that it is examining whether those members of the former firm -- Rothstein Rosenfeldt Adler -- lied about the amount of money in client trust accounts and whether they stole any of it. Rothstein is scheduled to plead guilty Jan. 27 to federal racketeering, fraud and money laundering charges stemming from his massive Ponzi scheme, which was fueled with plundered client and investor funds. Several of Rothstein's former partners have said they were unware of his scam, in which he used the law firm to sell bogus legal settlements to wealthy investors over the past four years. But prosecutors, without mentioning names, have said that some of the law firm's employees ``do have apparent criminal culpability.'' The Florida Bar board of governors and its president, Jesse Diner, launched their investigation into Rothstein in early November when word of the scandal broke, and then the following month decided to pursue the probe of the other lawyers. ``The Bar takes this issue very seriously,'' Diner, a Fort Lauderdale lawyer, said Wednesday. ``The Bar is actively investigating and will pursue remedies against anyone who has violated any rules. This investigation didn't stop with Scott Rothstein.
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L.A. Law firm suing China suffers attack
Legal Business |
2010/01/14 07:43
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Chinese software developers over the Green Dam Youth Escort monitoring program suffered several targeted attacks earlier this week, when documents containing malicious exploits were sent to attorneys, the firm stated late Wednesday. On Monday evening, lawyers at the firm of Gipson Hoffman & Pancione received e-mails that appeared to have been sent by associates, the group said in its statement. The Trojan e-mail messages contained either links to Web sites or attachments and were specially constructed to retrieve data from the victim's computer or the company's server. "The specific source of the attacks has not yet been determined, but it appears that they attacks were initiated within China," the firm said in its statement. Last week, filtering software firm CYBERsitter announced that it had retained Gipson Hoffman & Pancione to sue the Chinese government, two Chinese software developers and seven PC makers for allegedly distributing its software code as part of the Chinese state-sponsored filtering and monitoring program known as Green Dam Youth Escort. The latest incident follows Google's announcement on Tuesday that it was considering pulling out of China following serious attacks on its networks that resulted in stolen intellectual property and the surveillance of human-rights activists in China. The attacks on law firm GHP are not the first attempt to infiltrate companies involved in the claims against China and Green Dam. Last summer, CYBERsitter also received two PDF files containing malicious code. The law firm has contacted the FBI and the U.S. government and the incident is under investigation, according to its statement.
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Supreme Court bars broadcast of Prop 8 trial in California
Political and Legal |
2010/01/14 07:40
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The Supreme Court split along ideological lines Wednesday as it barred a federal judge in San Francisco from broadcasting a high-profile trial involving same-sex marriage. The court issued an unsigned opinion that said lower courts had not followed proper procedure in approving plans for the broadcast. The trial is to consider the constitutionality of Proposition 8, California's ban on same-sex marriage, and the Supreme Court cited arguments from proponents of the ban that releasing video of witnesses could subject them to harassment and even physical danger. The court's liberal bloc -- joined for the first time in an ideological split by Sonia Sotomayor, the new justice -- issued a strong dissent. It said the court's "extraordinary legal relief" was unjustified. The majority "identifies no real harm" from televising the trial, "let alone irreparable harm to justify its issuance of this stay," wrote Justice Stephen G. Breyer, who was joined by Sotomayor and Justices John Paul Stevens and Ruth Bader Ginsburg. "And the public interest weighs in favor of providing access to the courts." The court on Monday blocked U.S. District Judge Vaughn R. Walker's plan to stream live video from the trial, which started that day, to five courthouses across the country and to later release the proceedings for broadcast on YouTube. The justices' more complete ruling came at the end of the day Wednesday. |
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Schwarzenegger Files Appeal in Furlough Case
Politics |
2010/01/14 06:41
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The Schwarzenegger administration filed an appeal Wednesday in a lawsuit over his furloughs of state workers, contesting a decision by the controller to restore pay for prison guards. Last year, Gov. Arnold Schwarzenegger ordered some 200,000 state employees to take three days off a month without pay, cutting their paychecks by 14 percent to help close the state's budget gap. The California Correctional Peace Officers Association sued, arguing that guards are losing three days' pay each month, but can never take the time off because prisons operate around the clock. Alameda County Superior Court Judge Frank Roesch sided with the 30,000-member union last month. On Tuesday, state Controller John Chiang said he intends to restore guards' full pay to comply with that ruling. The guards' court victory does not affect about two dozen other union lawsuits opposing the furloughs. Schwarzenegger spokesman Aaron McLear said the administration will impose layoffs and end guards' extra pay and pension benefits if an appeals court doesn't quickly block the decisions by Roesch and Chiang. The state filed the appeal in the 1st District Court of Appeal in San Francisco. |
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State high court denies tobacco company appeals
Court Watch |
2010/01/14 02:40
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The state Supreme Court on Wednesday denied tobacco companies' appeals of a San Francisco jury's award of $2.85 million in damages to the family of a woman who died of lung cancer after smoking cigarettes for 26 years. Leslie Whiteley of Ojai sued Philip Morris and R.J. Reynolds before her death in 2000 at age 40. She testified that she started smoking at 13, using her lunch money to buy cigarettes, and paid little attention to the warning labels because tobacco companies promoted the benefits of smoking and the government allowed the sales. She smoked two packs a day until she was diagnosed with cancer in 1998. A jury awarded Whiteley and her husband $1.7 million in compensation and $20 million in punitive damages four months before she died. It was the nation's first verdict in favor of a smoker who took up the habit after 1965, when the government first required warnings on cigarette packages. |
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Supreme Court rules against Nev. man in DNA case
Court Watch |
2010/01/13 08:30
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A Nevada inmate lost a U.S. Supreme Court bid to challenge what jurors were told about DNA evidence against him in the 1994 sexual assault of a 9-year-old girl. The nation's highest court ruled Monday that it would not hear the evidence issue but did give Troy Don Brown, 38, another chance to argue before a federal appeals court that he received ineffective legal representation at trial. State Attorney General Catherine Cortez Masto called the Supreme Court ruling a victory for prosecutors and Nevada after they lost arguments about the DNA evidence in lower courts. Paul Turner, an assistant federal public defender in Las Vegas handling Brown's appeals, has argued that the conviction should be overturned if the DNA evidence was insufficient. The high court did not hear oral arguments before reversing a Ninth U.S. Circuit Court of Appeals ruling that an analysis of DNA evidence overstated the likelihood that body fluids found at the rape scene were from Brown. The Supreme Court pointed to an evidence standard set in a 1979 case calling for courts to consider all the evidence in a case, not just evidence being challenged. At trial in Elko County, the chief of the Washoe County crime lab testified the chance that Brown's DNA matched the DNA found at the rape scene was 99.99967 percent. The witness also told jurors that one in three million people randomly selected from the population would also match that DNA.
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