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Fla. gov: No reason to refuse lawyer's donations
Legal Business |
2009/12/28 03:34
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Florida's governor says he saw no reason to investigate a South Florida lawyer charged with operating a $1 billion Ponzi scheme or refuse his political contributions. Gov. Charlie Crist said Thursday he initially didn't believe rumors about now disbarred attorney Scott Rothstein. The two were once political allies and friends. Crist attended Rothstein's extravagant wedding. Rothstein helped throw a 52nd birthday party for Crist. A South Florida Sun Sentinel analysis of campaign contributions shows Rothstein, his legal associates and their families have donated at least $2.8 million to largely Republican political causes since 2006. Crist, who is running for U.S. Senate, says Rothstein never asked for political favors or anything else in return for his support. |
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Mich. files suit in US high court over Asian carp
Breaking Legal News |
2009/12/28 01:33
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Michigan asked the U.S. Supreme Court on Monday to sever a century-old connection between the Great Lakes and the Mississippi River system to prevent Asian carp from invading the lakes and endangering their $7 billion fishery. State Attorney General Mike Cox filed a lawsuit with the nation's highest court against Illinois, the U.S. Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago. They operate canals and other waterways that open into Lake Michigan. Bighead and silver carp from Asia have been detected in those waterways after migrating north in the Mississippi and Illinois rivers for decades. Officials poisoned a section of the Chicago Sanitary and Ship Canal this month to prevent the carp from getting closer to Lake Michigan while an electrical barrier was taken down for maintenance. But scientists say DNA found north of the barrier suggest at least some of the carp have gotten through and may be within 6 miles of Lake Michigan. If so, the only other obstacle between them and the lake are shipping locks and gates, which open frequently to grant passage for cargo vessels. The lawsuit asks for the locks and waterways to be closed immediately as a stopgap measure, echoing a call by 50 members of Congress and environmental groups last week. But the suit goes further, also requesting a permanent separation between the carp-infested waters and the lakes. |
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Court snubs Star Trek fan's memorabilia lawsuit
Court Watch |
2009/12/24 10:03
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A "Star Trek" fan isn't entitled to millions of dollars in damages for buying memorabilia that he says wasn't as out-of-this-world as it seemed, a court said. Ted Moustakis wasn't promised he was getting a one-of-a-kind plum when he paid $11,400 for a uniform for "Star Trek: The Next Generation" character Data at a 2006 auction, an appeals court said Tuesday. The court also said Moustakis is due at most a refund for two other purchases he says were fakes: a $6,000 poker visor supposedly worn by Data and a $6,600 table from the show's set. Auction house Christie's and CBS Consumer Products, which oversees "Star Trek" merchandise, praised the ruling. Moustakis' lawyer didn't immediately return a telephone call. The longtime Trekkie from Towaco, N.J., has said he was thrilled to get the items — until he showed the visor to the actor who played the android Data, Brent Spiner, at a 2007 fan convention. Spiner told him the visor wasn't genuine, according to Moustakis' lawsuit. Moustakis said he later found the table also was inauthentic, and the uniform was one of several made for the program. Christie's had led him to believe it was unique, he said. The state Supreme Court's Appellate Division said the auction catalog didn't represent the costume as one-of-a-kind, and even if the other items weren't as advertised, Moustakis isn't entitled to "the massive recovery he now demands" in his $7 million lawsuit. Christie's has said it stood behind the authenticity of the auction, tied to the hit show's 40th anniversary. |
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NY court: Consider harsher sentence in terror case
Breaking Legal News |
2009/12/24 10:03
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A federal appeals court in New York City says a judge who sentenced a disbarred lawyer to just over two years in prison should consider a harsher sentence in light of the case's terrorism connection.
The Manhattan federal appeals court on Wednesday reissued its decision upholding the conviction of ex-lawyer Lynne Stewart, saying it has serious doubts whether her sentence of two years and four months is reasonable. The 70-year-old Stewart was locked up last month after the court said she should begin serving the penalty for her 2005 conviction on charges she let a jailed Egyptian terrorism client's messages reach his followers. The court also directed she be resentenced. A defense lawyer for Stewart hasn't returned a telephone call from The Associated Press seeking comment. Prosecutors won't comment. |
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Court: Microsoft violated patent; can't sell Word
Patent Law |
2009/12/24 05:05
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A federal appeals court on Tuesday upheld a $290 million judgment against Microsoft Corp. and issued an injunction that will prevent the sale of its popular Word software. The court injunction is set to go into effect Jan. 11. Microsoft has said such a bar would prohibit the sale of all currently available versions of Microsoft Word and Microsoft Office. Microsoft had appealed a Texas jury verdict in favor of i4i Inc., a Toronto company. The jury found recent versions of Microsoft Word infringed on a software patent. Microsoft has said that it and the public will both suffer if Word goes off the market while the company devises a workaround. The court said the decision does not affect copies of the programs sold before the injunction goes into effect, so Microsoft can still provide technical support to the old versions even if they infringe on the patent. . |
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Appeals court rejects Ky. online hotel tax suit
Tax |
2009/12/24 03:06
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A federal appeals court has upheld the dismissal of a lawsuit in which Louisville and Lexington officials tried to collect taxes from hundreds of online hotel brokers such as Hotels.com. The U.S. 6th Circuit Court of Appeals ruled on Tuesday that Kentucky's law governing hotel taxes doesn't cover online travel companies. U.S. District Judge Thomas Russell dismissed the suit in 2008. The city of Louisville three years ago sued hundreds of Web sites, including Orbitz and Travelocity, that rent discount hotel rooms, accusing the online travel companies of not paying taxes on the rooms rented. Lexington joined the lawsuit, asking Russell to award an unspecified amount from the online travel companies to the two municipalities and to the 24 cities and 25 Kentucky counties that have hotel taxes. |
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NC court backs video poker ban off Cherokee land
Breaking Legal News |
2009/12/24 02:04
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North Carolina's appeals court on Tuesday upheld a statewide ban on video poker machines except those operated by the Eastern Band of Cherokee Indians in their Smoky Mountains casino. A three-judge court panel ruled unanimously that a 2006 state law giving the tribe exclusive gaming rights within North Carolina does not violate a federal Indian gaming law as an amusement machine vendor had argued. The tribe operates Harrah's Cherokee Casino, which attracts more than 3.5 million visitors a year and generates revenues of more than $250 million annually. Tribal members in June received checks for $3,892 in the first of this year's twice-a-year payments. The ruling overturned a February decision by Wake County Superior Court Judge Howard Manning that sided with the gaming company and could have again legalized video poker machines in all 100 counties. But the appeals court said the federal Indian Gaming Regulatory Act allows states to grant tribes preferential gaming rights in hopes the revenues would expand tribal self-government, economic development, and political stability. |
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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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