|
|
|
Appeals court upholds NYC's calories-on-menus rule
Breaking Legal News |
2009/02/18 08:35
|
A federal appeals court has upheld New York City's regulation requiring some chain restaurants to post calories on menus and menu boards.
A 2nd U.S. Circuit Court of Appeals panel on Tuesday rejected an appeal filed by a New York trade group representing 7,000 restaurants. It said the rule the city began enforcing last July is a reasonable attempt to curb obesity.
The panel rejected the New York State Restaurant Association's arguments that federal law gives restaurants discretion on whether to present nutritional information. The new rule applies to restaurants that are part of chains with at least 15 outlets across the country. The city and restaurant association didn't immediately comment on the ruling. |
|
|
|
|
|
Stimulus highlights stakes of Minnesota recount
Court Watch |
2009/02/18 03:35
|
Neither side is giving an inch in Minnesota's protracted Senate election fight, and the tiny margin used to secure the newly passed economic stimulus package is a vivid reminder of why.
Supporters of both Democrat Al Franken and Republican Norm Coleman see a winner influencing the balance of power in the Senate, even as the Democrats already firmly hold the chamber.
"The 59th vote in the Senate is very valuable, and that's obvious now," said Kathryn Pearson, an assistant professor of political science at the University of Minnesota. "It's valuable for Democrats to add a vote, and it would be very valuable to Republicans to deny that vote." For Democrats, the absence of Franken's vote has already made passing legislation more of a challenge. The $787 billion stimulus bill squeezed through the Senate late Friday night on the vote of Sen. Sherrod Brown, D-Ohio, who was flown back to Washington on a government plane from his home state, where he was mourning the death of his mother. Democratic Sen. Edward M. Kennedy of Massachusetts, who is suffering from a brain tumor, could not attend the vote. |
|
|
|
|
|
Wis. Supreme Court tosses suit against Medtronic
Breaking Legal News |
2009/02/17 08:19
|
The Wisconsin Supreme Court says patients cannot sue the makers of defective medical devices if they are approved for sale by federal regulators.
The court ruled against a man who had a defibrillator implanted and then removed after the manufacturer, Medtronic, Inc., warned its battery had a chance of failing. The device had been approved for sale by the U.S. Food and Drug Administration and was never recalled. Joseph Blunt, Sr. of St. Francis filed a lawsuit against the company alleging negligence and other claims after he had surgery to remove the device.
The court says the lawsuit is barred by a federal law and by a U.S. Supreme Court decision last year that threw out a similar case against Minneapolis-based Medtronic.
|
|
|
|
|
|
Clark County District Court going paperless
Legal Business |
2009/02/17 08:18
|
Clark County District Court plans to stop keeping paper documents in civil cases, instead scanning them and processing them electronically.
The plan is expected to eventually extend to criminal cases as part of a plan to make the court more accessible and efficient.
Former court executive Chuck Short says the idea is to develop a virtual court. The county gave the court system $8.1 million in 2005 to help develop its paperless system. Court officials that right now, about 11 percent of documents handled by the court clerk's office are filed without using paper. The court hopes that eventually, everything will be filed electronically. The new system is also expected to open up space in the case file room at the Regional Justice Center. |
|
|
|
|
|
2 Pa. judges sued in kickback scheme
Legal Business |
2009/02/13 08:34
|
A lawsuit has been filed against two Pennsylvania judges accused of taking more than $2 million in kickbacks to send youth offenders to privately run detention centers.
The suit names Luzerne County Judges Mark Ciavarella and Michael Conahan and 14 other defendants. It was filed in federal court late Thursday on behalf of hundreds of children and their families who were alleged victims of the corruption.
"At the hands of two grossly corrupt judges and several conspirators, hundreds of Pennsylvania children, their families and loved ones, were victimized and their civil rights violated," plaintiffs' attorney Michael Cefalo said in a statement Friday. Prosecutors allege Ciavarella and Conahan took $2.6 million in payoffs to put juvenile offenders in lockups run by PA Child Care LLC and a sister company, possibly tainting the convictions of thousands of juvenile offenders. The judges pleaded guilty to fraud in federal court in Scranton on Thursday. Their plea agreements call for sentences of more than seven years in prison. "It's our intent to make sure that the system rights this terrible injustice and holds those responsible accountable," Cefalo said. An attorney for Conahan said he hadn't seen the suit and declined comment. Ciavarella's lawyer didn't immediately return a phone message. The lead plaintiff is Florence Wallace, whose 14-year-old daughter Bernadine was charged with terroristic threats after getting into an argument on MySpace. The lawsuit said the teenager was not advised of her right to an attorney and was pressured to plead guilty. She was taken from Ciavarella's courtroom in shackles and spent time in PA Child Care and at a youth wilderness camp. |
|
|
|
|
|
Jury deliberating in Fla. tobacco trial
Court Watch |
2009/02/13 08:33
|
A jury is deliberating a key phase in the first of 8,000 Florida lawsuits blaming health problems and deaths on tobacco companies.
The six-person Broward County jury must decide whether Stuart Hess was addicted to cigarette nicotine before he got lung cancer and died. If so, the jury would later decide any damages against the Philip Morris tobacco company.
The lawsuit by widow Elaine Hess is the first to go to trial since the Florida Supreme Court in 2006 threw out a $145 billion class-action jury award, ruling that each case had to be proven individually. Hess' lawyers said Thursday he was hopelessly addicted to nicotine. The lawyer for Philip Morris said Hess chose not to quit despite known health risks. |
|
|
|
|
|
GOP takes e-mail case to NJ court
Political and Legal |
2009/02/13 08:32
|
Republican Party officials in New Jersey have asked the state's highest court to consider whether Gov. Jon Corzine should be forced to release e-mails he exchanged with the union leader he once dated.
Party spokesman Todd Riffle said papers were filed late Wednesday asking the state Supreme Court to hear the case.
GOP leader Tom Wilson hopes to get the court to order the Democratic governor to release the e-mails he and his staff exchanged with Carla Katz. Corzine dated Katz, the leader of the state's largest state worker union, before he became governor. Wilson argues that the public has the right to see the e-mails Corzine and his staff exchanged with Katz during the 2007 labor talks to ensure no backdoor negotiations took place. "The public has the right to judge for themselves whether Corzine's conduct was appropriate," Wilson said in a statement Thursday. "To do so, they need to see the e-mails and look at Corzine's actions on this contract." Corzine and Katz were involved in the negotiations, though neither were principal negotiators. Corzine has said the two did not discuss the contract. Katz, in court papers, however, argued that the e-mails should remain private because they involve contract talks, which are exempt from Open Public Records Act requests. An appellate court ruled unanimously last month that Corzine's e-mails could stay private. That decision overturned a trial court ruling ordering the e-mails released. The Appeals Court said the governor's electronic correspondence was protected by executive privilege, a legal principle that allows members of the executive branch of government to keep certain communications confidential in order to govern effectively. |
|
|
|
|
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
|
|