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Calif. man gets 2 more years for posing as lawyer
Court Watch | 2009/08/19 08:33
A Southern California man sent to prison for seven years for falsely claiming to be an attorney has been sentenced to two more years for posing as a lawyer again days after he was released.

Prosecutors say 64-year-old Harold Goldstein got the maximum sentence Monday for violating the terms of his supervised release.

Goldstein was sentenced to seven years in federal prison in 2003 for using the name of a Northern California attorney to represent clients in court. He was also convicted of mail fraud for sending solicitation letters to inmates.

U.S. Attorney's Office spokesman Thom Mrozek says Goldstein again started claiming he was a lawyer only days after he was released on May 1.



SC lawsuit against Nucor Steel can proceed
Business | 2009/08/18 11:26

A federal appeals court has revived a discrimination lawsuit brought by black employees who claim they worked in a racially hostile environment at a Nucor Steel mill in South Carolina, attorneys said Tuesday.

The 4th U.S. Circuit Court of Appeals said in a decision issued Aug. 7 that the case against the Charlotte-based manufacturer can go forward with class-action status. It has been sent back to federal district court and will be tried in Charleston, S.C.

"While this class certification doesn't mean they've won ... the decision is a victory," lead attorney Robert L. Wiggins Jr. said in a statement. "Being involved in this case as a plaintiff has taken courage, but these individuals believed that it was important to change the horrific situation at Nucor for all black employees, and not just themselves."

The lawsuit, originally filed in December 2003, charged that racial slurs and monkey noises were broadcast over the radio system at the company's Huger, S.C. mill. The plaintiffs — seven black former and current Nucor employees — also claim that racially charged e-mails depicting blacks with nooses around their necks were circulated, some employees used racial slurs when referring to black workers and that the mill discriminated against blacks in making promotions.



Supreme Court says Ga. man should get hearing
Breaking Legal News | 2009/08/18 11:25
The Supreme Court on Monday ordered a new hearing for death row inmate Troy Davis, giving the condemned killer a chance to present evidence his lawyers say could clear him in the murder of an off-duty police officer almost 20 years ago.

The court told a federal judge to hold a hearing to decide whether evidence "that could not have been obtained at the time of trial" could establish Davis' innocence. His case has become a rallying cry for death penalty opponents.

Davis' attorneys contend he deserves a new trial because new evidence proves he was mistakenly identified as the killer. They say several trial witnesses have recanted their testimony, and others who did not testify during the trial have said another man confessed to the killing.

"This is exactly what we asked for," said Jason Ewart, Davis' attorney. "It's been years since these witnesses have come forward, and they've never had their day in court. And now they will."

Davis was convicted 18 years ago for the 1989 slaying of Savannah, Ga., police officer Mark MacPhail, who was shot twice while working off-duty as a security guard at a bus station. He was gunned down after rushing to the aid of a homeless man who had been attacked.

Davis' execution has been delayed three times, including a ruling by an appeals court last year that gave the 40-year-old another chance to press his appeal. The panel rejected the appeal in April, and federal and state courts have repeatedly denied his request for a new trial.



Judge plans to testify at death-row appeal trial
Court Watch | 2009/08/18 10:26
A Texas judge who closed her court before a death row inmate could file an appeal plans to testify at the ethics trial where she faces charges that could end her career.

Judge Sharon Keller is the presiding judge of the Texas Court of Criminal Appeals. She is on trial nearly two years after refusing to keep the court open in September 2007 with Michael Wayne Richard's (ruh-SHARD's) execution imminent and his lawyers scrambling to file an appeal.

Keller faces five counts of judicial misconduct. She sat quietly at the defense table as her special hearing got under way Monday. But she did stand to acknowledge that she planned to testify.

She could take the stand as early as Tuesday.



Appeals court takes up NFL suspensions case
Law Center | 2009/08/18 08:26
The NFL will ask a federal appeals court Tuesday to uphold the suspensions of Minnesota Vikings defensive linemen Kevin Williams and Pat Williams for violating the league's anti-doping policy.

Oral arguments will be made in St. Paul before a three-judge panel of the Eighth Circuit Court of Appeals. The NFL hopes for a quick ruling that would let it suspend the players for four games at the start of the season.

The players took the weight-loss supplement StarCaps, which contained an unlisted but banned diuretic that can mask the presence of steroids.

Their legal fight remains alive in a Minnesota state court. But the NFL is asking the federal appeals court to rule that the players' union contract and federal law trump state law in this case.



U.S. District Court Rules Against Lilly Regarding Gemzar Patent
Court Watch | 2009/08/18 06:27
Eli Lilly and Company today announced that the U.S. District Court for the Eastern District of Michigan has granted a motion by Sun Pharmaceuticals for partial summary judgment. The Court's ruling invalidates Lilly's '826 patent, or method-of-use patent, for Gemzar((R)) (gemcitabine HCl for injection) which had been set to expire in 2013. The ruling has no bearing on Gemzar's compound patent, which remains valid until November 2010.


"We strongly disagree with the Court's ruling granting summary judgment in favor of the generic challenger," said Robert A. Armitage, senior vice president and general counsel for Lilly. "We continue to believe that our Gemzar method-of-use patent is valid and will be upheld by the courts. We intend to pursue an appeal of this decision with the Court of Appeals for the Federal Circuit. It is also important to note that today's court decision does not allow for the immediate entry of generic gemcitabine in the U.S. market. Gemzar's compound patent remains in force until November 2010."


Supreme Court says Georgia man should get hearing
Breaking Legal News | 2009/08/17 10:10
The Supreme Court on Monday ordered a new hearing for death row inmate Troy Davis, whose supporters say is innocent and should be spared from execution for killing a police officer 20 years ago.

Davis has spent 18 years on death row for the 1989 slaying of Savannah, Ga., police officer Mark MacPhail. Davis' attorneys insist that he is innocent and deserves a new trial because several witnesses at his trial have recanted their testimony.

The high court ordered a federal judge in Georgia to determine whether there is evidence "that could not have been obtained at the time of trial (that) clearly establishes petitioner's innocence."

Defense lawyers had appealed to the Supreme Court after a federal court denied a new trial request in April.

"The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing," said Justice John Paul Stevens, writing for the court. Justices Ruth Bader Ginsburg and Stephen Breyer concurred with Stevens.

MacPhail was slain 20 years ago while working off-duty as a security guard at a bus station. He had rushed to help a homeless man who had been pistol-whipped at a nearby parking lot, and was shot twice when he approached Davis and two other men. Witnesses identified Davis as the shooter at his 1991 trial.



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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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