|
|
|
Judge: Simpson `acquittal suit' to stay in storage
Court Watch |
2009/06/16 07:34
|
A judge on Monday ordered O.J. Simpson's former manager to keep the former football star's so-called acquittal suit in storage until it is determined who rightfully owns it.
The ruling came after a contentious hearing that ultimately spilled into a courthouse hallway, where the former manager, Mike Gilbert, and a lawyer for Fred Goldman exchanged heated accusations.
Goldman — the father of Ronald Goldman, who was slain alongside Simpson's ex-wife 15 years ago — is seeking to satisfy a $33.5 million civil judgment against Simpson by selling the suit the Hall of Famer wore to court when he was acquitted on murder charges. Gilbert said Simpson gave him the suit the day after his Oct. 3, 1995, acquittal. He claims it is his property because Simpson had not yet been found civilly liable for Ronald Goldman's and Nicole Brown Simpson's deaths. Gilbert told Fred Goldman's lawyer, David Cook, that Goldman previously said his pursuit of Simpson was not about money. |
|
|
|
|
|
Sen. Jeff Sessions 'troubled' over Obama court picks
Political and Legal |
2009/06/16 07:34
|
The top Republican on the Senate committee reviewing Sonia Sotomayor's nomination to the Supreme Court said Monday that he is concerned President Obama is driving federal courts "far to the left" by choosing "activist" judges for the bench.
Sen. Jeff Sessions, R-Ala., said Obama's judicial nominees, including Sotomayor and three others to the U.S. Court of Appeals, raise questions about what role a judge's background should play in deciding cases.
"I'm troubled, I have to say, by President Obama's philosophy of judging," Sessions, a Senate Judiciary Committee member, told USA TODAY and Gannett Washington Bureau reporters. "When he talks about wanting a judge to show empathy, that's very troubling to me." Sessions, a former prosecutor, said he does not expect Republicans to filibuster Sotomayor's nomination, but he said she is the latest in a pattern of Obama nominees he has found troublesome. "She seems to be willing to accept that a judge's rulings may be influenced by the judge's personal backgrounds or feelings, which is sort of what President Obama has said," Sessions said. Hearings for Sotomayor's nomination are scheduled to begin July 13. Sessions singled out three other nominations: David Hamilton of Indiana for the Chicago-based U.S. Court of Appeals for the 7th Circuit; Andre Davis of Maryland for the Richmond, Va.-based U.S. Court of Appeals for the 4th Circuit; and Gerard Lynch of New York for the New York City-based 2nd Circuit. University of Pittsburgh law professor Arthur Hellman, who has studied judicial appointments, said it is difficult to generalize about any Obama pattern with so few nominations. "The differences struck me more than any similarities," Hellman said of the nominees. "Lynch is a straight-down-the-middle former prosecutor. With Hamilton, you have someone who happens to have two high-profile cases in two of the most contested areas of the law, abortion and prayer." Sessions focused on two Hamilton rulings. In one, Hamilton invalidated an Indiana law requiring women seeking abortions to obtain information about the procedure's risks. In the other, Hamilton forbade references to Jesus Christ in opening prayers at the Indiana Legislature. Both decisions were reversed. |
|
|
|
|
|
High court won't review 'Cuban 5' espionage case
Breaking Legal News |
2009/06/16 05:34
|
Cuban exiles said Monday they were relieved the Supreme Court refused to review the convictions of five intelligence agents for the communist country, despite calls from Nobel Prize winners and international legal groups to consider the case.
The convictions stand against the so-called "Cuban Five," who maintain they did not receive a fair trial because of strong anti-Castro sentiment in Miami. The men have been lionized as heroes in Cuba. Exile groups say they were justly punished.
The five — Gerardo Hernandez, Ramon Labanino (aka Luis Medina), Rene Gonzalez, Antonio Guerrero and Fernando Gonzalez (aka Ruben Campa) — were convicted in 2001 of being unregistered foreign agents. Three also were found guilty of conspiracy to obtain military secrets from the U.S. Southern Command headquarters. Hernandez was convicted of murder conspiracy in the deaths of four pilots, members of the Miami-based Brothers to the Rescue organization, who were shot down by Cuban fighter jets in 1996 off the island's coast. The group sought to identify and help migrants leaving Cuba by sea. The Cuban government maintains the planes violated its airspace to scatter political pamphlets over the island. |
|
|
|
|
|
Hearing for Supreme Court nominee poses challenges
Political and Legal |
2009/06/15 08:58
|
U.S. Senate Republicans are in a quandary over the Supreme Court nomination of Sonia Sotomayor, aiming to raise pointed questions about her record without angering increasingly influential Hispanic voters.
Senator John Cornyn exemplifies the Republican dilemma over Sotomayor, who is the daughter of Puerto Rican parents who seems certain to be confirmed by the Democratic-led Senate as the first Hispanic Supreme Court justice. One of seven Republicans on the 19-member Senate Judiciary Committee, Cornyn will take part in what he promises will be tough but civil questioning of Sotomayor, Democratic President Barack Obama's choice, at her hearing starting on July 13. Cornyn is also chairman of the Senate Republican campaign committee that is charged with expanding a shrinking party and winning seats in the overwhelmingly Democratic Senate. Hispanics, the fastest-growing U.S. minority who make up 15 percent of the population, are a key to any expansion plans. Hispanics voted by a two-to-one margin for Obama in last year's presidential election. Many Hispanic voters greeted news of Sotomayor's nomination with joy, and Republicans are aware that Hispanics will be watching carefully how she is handled. |
|
|
|
|
|
Court steps into dispute between Shell, stations
Court Watch |
2009/06/15 08:57
|
The Supreme Court is stepping into a dispute between Shell Oil Co. and gas station operators who claim the oil company tried to drive them out of business.
The justices, in an order Monday, say they will hear arguments next year in a case involving eight Shell station operators in Massachusetts who are fighting changes in lease terms that they say were intended to convert stations run by franchisees to company-owned facilities.
A federal jury awarded the gas station operators $3.3 million. The Boston-based 1st U.S. Circuit Court of Appeals upheld some aspects of the verdict and overturned others. Shell, owned by Royal Dutch Shell PLC, and the station operators all appealed to the Supreme Court. The Obama administration also asked the court to intervene and rule in Shell's favor. The case turns on provisions of the 30-year-old Petroleum Marketing Practices Act. Appeals courts around the country are divided on the issue. The cases are Mac's Shell Service v. Shell Oil, 08-240, and Shell Oil v. Mac's Shell Service, 08-372. |
|
|
|
|
|
Court goes further spelling out deportation rules
Breaking Legal News |
2009/06/15 08:57
|
The Supreme Court says immigration officials do not have to have a jury determine the financial impact of an immigrant's crime in their deportation decisions.
The court, in an unanimous decision Monday, turned away Manoj Nijhawan's appeal. Nijhawan, who immigrated to the United States from India in 1985, had been convicted of fraud and money laundering, and stipulated that that the loss exceeded $100 million. The government then started deportation proceedings.
The law says any immigrant convicted of an aggravated felony at any time is deportable. A related statute said aggravated felonies include fraud and deceit in which the loss exceeds $10,000. Nijhawan argued that a jury should have determined the loss before he could be deported. But the court disagreed with his arguments. "The defendant's own stipulation, produced for sentencing purposes, shows that the conviction involved losses considerably greater than $10,000," Justice Stephen Breyer said in the opinion written for the court. |
|
|
|
|
|
Court to determine if bankruptcy hearing needed
Bankruptcy |
2009/06/15 06:57
|
The Supreme Court will decide whether student loans can be dismissed through bankruptcy with just a notice to the collector instead of a hearing proving that paying the money back would cause an "undue hardship."
Francisco Espinosa gave United Student Aid Funds Inc. a Chapter 13 bankruptcy plan saying he would pay back $13,250 on his four student loans. The recipient, USA Funds, said he owed $17,832, but it did not object to his bankruptcy plan, which was finalized in 1994.
But in 2000, Espinosa's income tax refund was taken to pay on the rest of the debt. USA Funds says the bankruptcy agreement is void because Espinosa never proved in court that paying the full amount would cause him undue hardship. Espinosa says the bankruptcy agreement is final and the company cannot go back on it now. The 9th U.S. Circuit Court of Appeals in San Francisco agreed, saying the time to object was before the bankruptcy was completed. |
|
|
|
|
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. |
Law Firm Directory
|
|