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Boston trolley driver pleads not guilty in crash
Breaking Legal News | 2009/07/20 10:57
The former Boston subway operator who authorities say was texting during a crash that injured more than 60 people has pleaded not guilty in the case.

Aiden Quinn was arraigned Monday in Suffolk Superior Court on charges of gross negligence by a person in control of a train. He was released on personal recognizance after entering his plea.

Quinn did not speak to reporters after his appearance, but defense attorney James Sultan described Quinn as "very afraid" of the situation he's in.

Prosecutors said in court that Quinn made a cell phone call and admitted typing a text message to his girlfriend in the moments before his Green Line trolley crashed into the rear of another trolley beneath Government Center on May 8.



Lone surviving Mumbai attacks gunman admits guilt
Court Watch | 2009/07/20 10:56
The lone surviving gunman in the Mumbai attacks pleaded guilty Monday and gave a detailed account of the plot and his role in the rampage that left 166 people dead and paralyzed the city for three days.

In a verbal statement, Ajmal Kasab described his group's journey from Karachi, Pakistan on a boat, their subsequent landing in Mumbai on Nov. 26, and his assault on a railway station and a hospital with a comrade he identified as Abu Ismail.

The other gunmen, also armed with automatic rifles and grenades, attacked a Jewish center and two five-star hotels, including the Taj Mahal. The rampage ended at the historic hotel days later after commandos killed the attackers holed up there.

"I was firing and Abu was hurling hand grenades (at the railway station)," Kasab told the court. "We both fired, me and Abu Ismail. We fired on the public."

Earlier Kasab, 21, stood up before the special court hearing his case just as a prosecution witness was to take the stand and addressed the judge. "Sir, I plead guilty to my crime," he said, triggering a collective gasp in the courtroom.



Ruling: Court failed its duty to Muslim scholar
Breaking Legal News | 2009/07/20 10:56
U.S. officials should have given a Muslim scholar a chance to show he was no supporter of terrorism before barring him from the country, a federal appeals court ruled Friday.

Tariq Ramadan, a professor sympathetic to Palestinian resistance to Israel, had his U.S. visa revoked in 2004 as he was about to take a tenured teaching job at the University of Notre Dame in Indiana.

His subsequent applications for a new visa were denied on the grounds that he had donated $1,336 to a charity that gave money to Hamas, which has been designated a terrorist organization by the U.S.

The 2nd U.S. Circuit Court of Appeals ruled Friday that it was legal for the government to bar Ramadan from the country, but said it had an obligation to inform him of the concerns about his donations and give him a chance to prove he didn't know his money would go to Hamas.

The three-judge panel said it was possible that a consular official had, in fact, given him that opportunity, but there was no record of it before the court.

The case will now return to a lower court and the government will be given a chance to figure out more about the exact details of the conversations between Ramadan and the consular staff in Bern, Switzerland that handled his visa application.

Ramadan could also reapply for the visa, the court said.

Jameel Jaffer, the American Civil Liberties Union lawyer who argued Ramadan's case before the appeals court, said he was hopeful the Obama administration would allow the professor to enter the U.S. without further litigation.

"Over the next few weeks, we'll be encouraging the administration to take a new look not only at Ramadan's case but at the cases of other foreign scholars and writers who were excluded by the Bush administration on ideological grounds," he said.



Court: O'Keeffe Museum has no right to Fisk U. art
Court Watch | 2009/07/17 09:23
The Georgia O'Keeffe Museum may represent the painter's estate but has no right to an art collection she donated to Fisk University, Tennessee's Court of Appeals has ruled.

In the ruling filed Tuesday, the court said any right O'Keeffe had to most of the 101 works of art ended with her death.

The financially struggling university had asked a lower court for permission to sell two of the works — O'Keeffe's 1927 oil painting "Radiator Building — Night, New York," and Marsden Hartley's "Painting No. 3."

The Georgia O'Keeffe Museum objected to the plan, arguing that Fisk was violating the terms of the bequest, which required the works be displayed together, and asking for the artwork to be turned over to the estate.

The Davidson County Chancery Court blocked the sale as well as a proposed $30 million arrangement to share the collection with the Crystal Bridges Museum in Bentonville, Ark. Nashville Chancellor Ellen Hobbs Lyle ordered last year that the university had to take the collection out of storage and put it back on display or forfeit it to the Georgia O'Keeffe Museum.

But the state appeals court overturned that decision, ruling the Georgia O'Keeffe Museum has no right to the work and no standing in court.

Representatives of the museum could not immediately be reached for comment. They will have 60 days to appeal the decision.

Ninety-seven of the works were part of a collection that belonged to O'Keeffe's late husband, the photographer and art promoter Alfred Stieglitz. O'Keeffe donated those works to the university in 1949 while executing Stieglitz's will.



Washington court reverses ban on homeless camp
Breaking Legal News | 2009/07/17 09:22
A Seattle suburb violated the state's constitution by using a temporary ban on development to block a church's effort to set up a tent city for the homeless, the state Supreme Court ruled Thursday.

The high court's unanimous decision reversed lower court rulings that sided with the city of Woodinville's refusal to consider the Northshore United Church of Christ's land-use permit application for Tent City 4 in a largely residential area in 2006.

Woodinville officials violated a constitutional provision that guarantees "absolute freedom of conscience in all matters of religious sentiment, belief and worship," Justice James M. Johnson wrote.

Six other justices signed Johnson's ruling, which reversed findings by King County Superior Court Judge Charles W. Mertel and a state Court of Appeals panel. The majority faulted the church on some procedural grounds but nonetheless found the city mainly in the wrong.

The other two justices would have gone farther. Justice Richard B. Sanders wrote, and Justice Tom Chambers agreed, that the majority held an "errant and dangerous assumption that the government may constitutionally be in the business of prior licensing or permitting religious exercise any more than it can license journalists."

Neither group of justices ruled on whether federal religious freedoms were violated in the case, which was closely watched by civil rights advocates and churches.



WKP Partner Gary M. Paul Elected VP of AAJ
Law Firm News | 2009/07/17 02:24

WKP partner Gary M. Paul will be installed as vice-president of the American Association for Justice during the AAJ’s annual convention in San Francisco. Mr. Paul currently serves as an officer of the AAJ as secretary. He will begin a one-year term as vice-president on July 29.


Mr. Paul is among the Southern California bar’s most distinguished and well-recognized plaintiff attorneys. He was named “Trial Lawyer of the Year”  by the Consumer Attorneys Association of Los Angeles (CAALA)  in both 1981 and 2008; received the Edward I. Pollock Award in 1996 for “dedication, efforts, and effectiveness” in consumer matters; and has been named four times to the Southern California Super Lawyers® list. He has served as president of both CAALA, CAOC, and Pound Civil Justice Institute, and is an elected fellow of the International Academy of Trial Lawyers.  He is also a respected lecturer and author.


Since joining Waters & Kraus in 2006, Mr. Paul has been instrumental in several of the firm’s most noteworthy asbestos-mesothelioma cases. This includes Cundiff v. Alfa Laval, a recent  post-Taylor verdict that resulted in an award of $12.0 million to a retired U.S. Navy machinist. After the official swearing in of the 2009-2010 officers on the floor of the AAJ convention, Mr. Paul and the newly elected president, Anthony Tarricone, will be feted at a by-invitation-only event for members of AAJ’s Leaders Forum and Endowment. This exclusive dinner reception will be held at the San Francisco Museum of Modern Art (MOMA), which is currently featuring a special exhibit of works by Georgia O’Keefe and Ansel Adams.


About the American Association for Justice (AAJ)

The American Association for Justice promotes a fair and effective justice system and supports the work of attorneys to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America’s courtrooms, even when taking on the most powerful interests. Formerly known as the American Trial Lawyers Association (ATLA), AAJ was founded in 1946, and today represents the world’s largest trial bar as a broad-based, international coalition of attorneys, law professors, paralegals, and law students.

About Waters Kraus & Paul

Waters Kraus & Paul is the West Coast practice of Waters & Kraus, LLP — a nationally recognized plaintiffs’ firm concentrating on complex product liability and personal injury/wrongful death cases, particularly asbestos-mesothelioma. In addition to toxic tort litigation, the firm’s diverse practice includes pharmaceutical product liability, negligence, elder financial abuse, and consumer product liability, as well as qui tam (whistleblower) and commercial litigation. With offices in California, Texas, and Maryland, Waters & Kraus has litigated cases in jurisdictions across the United States on behalf of individuals from all 50 states, as well as foreign governments. 



Mich. minister wins appeal on free-speech grounds
Breaking Legal News | 2009/07/16 08:54
A Michigan appeals court overturned a ruling on Wednesday that had sent a minister to prison for six months after warning a judge that he could be tortured by God.

The Rev. Edward Pinkney was convicted in 2007 of paying people $5 to vote in a recall election in the southwestern Michigan city of Benton Harbor and was sentenced to probation.

Months later, Pinkney wrote a commentary in a Chicago-based populist newspaper that said Judge Alfred Butzbaugh could be punished by God with curses, fever and "extreme burning" unless he repented, a reference to an Old Testament passage. The black minister also described Butzbaugh, a white judge who presided over his case, as dumb, racist and corrupt.

In June 2008, another Berrien County judge sent Pinkney to prison for three to 10 years for violating probation with his words. Pinkney appealed saying his free-speech rights were trampled.



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