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Calif. teen faces trial in gay classmate's killing
Breaking Legal News | 2009/07/23 09:13
A Southern California junior high school student has been ordered to stand trial in the fatal shooting of a gay classmate.

Ventura County Superior Court Judge Ken Riley said Wednesday that there was enough evidence to try 15-year-old Brandon McInerney for the February 2008 shooting death of Larry King, also 15. McInerney will be tried as an adult.

Riley says he agrees with prosecutors that the shooting was premeditated and has added the special circumstance allegation that McInerney was lying in wait.

Authorities say McInerney shot Larry twice in the head during a computer lab at E.O. Green Junior High School in Oxnard.

McInerney has pleaded not guilty to murder and a hate crime. He faces 53 years to life in prison if convicted.



San Diego will seek lifting of seal removal order
Environmental | 2009/07/23 09:12
The city of San Diego said Tuesday it will go to court to ask a state judge to lift an order requiring the immediate removal of a colony of federally protected harbor seals from a La Jolla cove.

The announcement by City Attorney Jan Goldsmith was the latest development in an emotional and yearslong battle over who should have exclusive use of the protected cove — children or seals — in the posh seaside neighborhood of La Jolla.

On Monday, a San Diego Superior Court judge ordered the city to begin chasing away the creatures from the cove, called the Children's Pool, by Thursday or face heavy fines in order to comply with a 2005 ruling in a lawsuit brought by a disgruntled swimmer.

The city said it would blast recordings of barking dogs to scare away the pesky pinnipeds at the cost of $688,000 a year. San Diego cannot use force because the seals are a federally protected marine species.

But just hours later, Gov. Arnold Schwarzenegger signed a bill that added a marine mammal park to the list of permissible uses for the Children's Pool — giving the city a legal tool that could allow the seals to stay put.



ACLU fights RI judge's ban on Facebook comments
Court Watch | 2009/07/23 02:14
A civil rights watchdog group wants a Rhode Island judge to reverse a gag order banning a woman from commenting on a child custody case on Facebook.

The American Civil Liberties Union said Wednesday it considers the restraining order against Barrington resident Michelle Langlois an infringement on her right to free speech.

ACLU executive director Steven Brown said a Kent County Family Court judge ordered Langlois in late June not to post comments about a child custody case involving her brother and his ex-wife, Tracey Martin. Langlois deleted her postings on the social networking site.

Martin's attorney, Jerome Sweeney, says the comments traumatized the couple's children and included intimate details about their parents' marriage.



Law firm mounts suit over Tween buyout
Legal Business | 2009/07/22 09:15

A New York law firm is soliciting shareholders to join a class-action lawsuit against Tween Brands Inc. over Dress Barn Inc.'s planned acquisition of the Central Ohio apparel retailer.


Levi & Korsinsky LLP said Tuesday it filed a suit in Delaware Chancery Court, alleging Tween's stock-swap deal with Suffern, N.Y.-based Dress Barn Inc. values the New Albany-based merchant lower than its book value and analysts' stock price targets. Based on terms of the $220 million transaction, Dress Barn is paying about $157 million for Tween shares and paying off the troubled retailer's outstanding bank debt.

The deal for Tween is expected to close in October, provided it gets regulatory and shareholder approvals.

The law firm, which specializes in securities and shareholder litigation, said other terms of the deal, including a break-up fee of more than $5 million, “all but ensure that no superior offer will ever be forthcoming."



Ex-compliance officer at Conn. firm pleads guilty
Court Watch | 2009/07/22 09:14
The former chief compliance officer at a Connecticut securities company has pleaded guilty to conspiracy to commit securities fraud and wire fraud.

Federal prosecutors in Manhattan say Deborah Duffy participated in a scheme to defraud investors in Greenwich-based WG Trading Co. from 1996 through February. They say she and others at the company failed to invest $131 million as promised and instead used it for their personal benefit.

The government says the company's customers included charitable and university foundations, pension and retirement plans and other institutions.

Two investment advisers who ran the business have been charged in the case.

Duffy entered her plea Tuesday. She signed a cooperation agreement with the government. Sentencing is set for Jan. 21.



Court orders Oracle, Alinghi to return to mediation
Breaking Legal News | 2009/07/22 09:13
A New York judge on Tuesday ordered Swizerland's Alinghi and Oracle of the United States to resume their mediation in their dispute over the rules over the America's Cup, the two teams said.

Both sides agreed to head back to the bargaining table to prepare their duel in multihulls in February 2010 that is to settle the 33rd edition of the Cup, the oldest trophy in international sports following the ruling by Judge Shirley Kornreich of the Supreme Court of New York State.

Alinghi had asked the court to disqualify Oracle if the US syndicate did not provide a description the trimaran it has built for their duel.

For its part Oracle had accused Alinghi of wanting to unilaterally change the rules of the duel with the alleged complicity of the International Sailing Federation (ISAF).

The two syndicates expressed satisfaction on Tuesday the results of the hearing in New York.

Oracle noted that the judge had asked to see the agreement signed between Alinghi and the ISAF, while reserving any decision on whether an engine and moveable ballast can be used.

On the other side Alinghi was pleased that the judge did not accept the accusations against it by Oracle that it was in contempt of court.

The two sides are expected to meet in a duel in multihulls - Alinghi in a catamaran while Oracle will use a trimaran - in February 2010 at a site shich the Alinghi, as the defending champion, must announce before August 8.

The catamaran launched by Alinghi began sail on Monday in Lake Geneva while Oracle has tested its trimaran off the coast of San Diego in California.

The two sides have been locked in a legal battle over the rules of the America's Cup, the oldest trophy in international sports, since Alinghi won the 32nd edition in 2007 in Valencia in eastern Spain.



UK court rejects suit on Google search results
International | 2009/07/22 09:13
A British judge has ruled that Google cannot be held responsible for defamatory words that appear in results on the popular Internet search engine.

Justice David Eady said that Google is not a publisher because searches are carried out entirely by computers and the search engine does not choose the terms itself.

The case was closely watched because the United Kingdom is perceived as having particularly stringent libel laws.

The ruling came in a suit by Metropolitan International Schools Limited, a British company which offers distance learning courses and trades under the brands of SkillsTrain or Train2Game, and previously as Scheidegger MIS.

MIS sued both Google UK Ltd. and the parent company, Google Inc., and Designtechnica Corp., incorporated in Oregon. The company's Web site hosts bulletin boards and forums that have carried allegedly defamatory complaints about Metropolitan International Schools.

Google cannot be "regarded as a publisher" for what its searches discover on the Web, the judge said in his ruling handed down Thursday, noting that Google had prevailed against similar suits in the Netherlands two years ago, and this year in cases in Spain and France.



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