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FEMA official says agency response slow after Ike
Politics |
2008/11/05 01:28
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A top official of the Federal Emergency Management Agency admits that the agency was sluggish in its response to Texans affected by Hurricane Ike's devastation, according to a published report. Deputy FEMA Administrator Harvey E. Johnson Jr. said he intends to improve the help that the agency provides to Texans whose home were damaged or destroyed by the September hurricane. He said FEMA will deploy mobile homes to the hardest-hit areas more rapidly, review rules that might be causing premature denials of assistance and provide more resources to Texas. He said Friday he has put more personnel into Texas housing assistance programs. He invited energy company officials into FEMA's Texas field offices to help provide electric power to mobile homes housing storm victims, and he has started a review of procedures that result in relatively few families being approved for assistance when they first apply. Ike came ashore near Galveston on Sept. 13, causing at least $11 billion in damage to Texas. Johnson met this past week with local officials in Galveston, the Beaumont-Port Arthur area and Houston. |
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Court wrestles with TV profanity case
Breaking Legal News |
2008/11/04 15:34
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The Supreme Court spent an hour on Tuesday talking about dirty words on television without once using any or making plain how it would decide whether the government could ban them. The dispute between the broadcast networks and the Federal Communications Commission is the court's first major broadcast indecency case in 30 years. At issue is the FCC's policy, adopted in 2004, that even a one-time use of profanity on live television is indecent because some words are so offensive that they always evoke sexual or excretory images. So-called fleeting expletives were not treated as indecent before then. The words in question begin with the letters "F" and "S." The Associated Press typically does not use them. Chief Justice John Roberts, the only justice with young children at home, suggested that the commission's policy is reasonable. The use of either word, Roberts said, "is associated with sexual or excretory activity. That's what gives it its force." Justice John Paul Stevens, who appeared skeptical of the policy, doubted that the f-word always conveys a sexual image. |
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Court leaves NC campaign finance law untouched
Law Center |
2008/11/03 15:36
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North Carolina's system of publicly financed judicial campaigns remained intact Monday after the U.S. Supreme Court refused to hear a challenge over a provision for additional funds in expensive races. The justices declined, without comment, to consider the constitutionality of a voluntary program passed by the Legislature and that took effect in 2004. The program provides campaign money for state Supreme Court and Court of Appeals candidates if they agree to fundraising restrictions leading up to the general election. The decision came on the eve of an election in which all but two of the 13 candidates for those seats Tuesday participated in the program. The decision leaves a federal lower court ruling in effect that upheld the law, which has been a model for other states, including New Mexico. "This gives supporters of judicial public financing and public financing in general confidence and assurance that the long line of decisions (supporting) public financing ... are still the law of the land," said Paul Ryan, an attorney with the Washington-based Campaign Legal Center, whose group earlier filed a friend-of-the-court brief in support of the law. Former Supreme Court candidate Rusty Duke and the North Carolina Right to Life Committee sued over the law in 2005, arguing it restricted free speech rights in cases where outside groups or nonparticipating candidates exceeded spending thresholds. The qualifying candidates receive matching "rescue funds" to counter such injections of money. |
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2 due in federal court in Vegas boy's abduction
Criminal Law |
2008/11/03 15:35
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The grandfather of a 6-year-old boy who was abducted for four days was due in federal court Monday to face a racketeering charge, the U.S. Attorney's office said. Clemens Fred Tinnemeyer, 51, and a woman described as his companion, Terri Leavy, 42, have been held as material witnesses in California since their separate arrests in the kidnapping investigation. Cole Puffinburger was abducted Oct. 15 and found unharmed late on Oct. 18 on a Las Vegas street. Tinnemeyer and Leavy were to appear before a federal magistrate on charges of interstate and foreign travel or transportation in aid of racketeering enterprises, said Natalie Collins, spokeswoman for U.S. Attorney Gregory Brower. Las Vegas police have characterized the boy's abduction as a message from "Mexican nationals" and methamphetamine traffickers aimed at Tinnemeyer, who police alleged made off with millions of dollars in drug money. Police said two gunmen posing as police officers tied up the boy's mother and her boyfriend and ransacked their home before taking the boy. Tinnemeyer was arrested Oct. 17 in Riverside, Calif. Leavy was arrested Oct. 19 in Fontana, Calif. |
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Court weighs amputee's case; limits on drug suits
Court Watch |
2008/11/03 15:34
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The Supreme Court appeared likely Monday to decide an amputee's lawsuit against a drug maker based on how much federal regulators knew about an anti-nausea drug's risks in the event of a botched injection. Several justices indicated that if the U.S. Food and Drug Administration had clear information about the risks of Wyeth Pharmaceuticals' anti-nausea drug Phenergan, and approved its warning label anyway, then Wyeth probably would prevail in its court fight against Diana Levine of Vermont. But there was considerable skepticism among the justices — and disagreement between the opposing lawyers — that the FDA had a clear picture of the disastrous consequences of improperly giving Phenergan by an intravenous method of injection known as IV push, the fastest way to bring relief to nauseated patients. "How could the FDA have concluded that IV push was safe and effective," Justice Samuel Alito asked, given that Phenergan is not a lifesaving drug and gangrene can result from improper administration? Justice Ruth Bader Ginsburg chimed in, "No matter what benefit there was, how could the benefit outweigh that substantial risk?" Levine, a guitar- and piano-playing musician from Vermont, was in the courtroom for Monday's arguments in Wyeth's appeal of a $6.7 million verdict she won from a state jury. The jury agreed with Levine's claim that Wyeth failed to provide a strong and clear warning about the risks of IV push, which include that gangrene is likely if the injection accidentally hits an artery. That is precisely what happened to Levine. The company appealed and, backed by the Bush administration, argued that once a drug's warning label gets FDA approval, consumers cannot pursue state law claims that they were harmed. |
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Court won't review Golden Venture smuggling case
Court Watch |
2008/11/02 15:36
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A woman convicted for her role in a smuggling conspiracy that ended with the deaths of 10 Chinese immigrants has lost a Supreme Court appeal. Cheng Chui Ping, better known by her nickname, Sister Ping, was sentenced to 35 years in prison, for heading a large alien smuggling operation. The justices did not comment Monday in denying her appeal of her money laundering conviction. The conspiracy came to light only after the Golden Venture ran aground in New York City in 1993 in an attempt to unload the 295 passengers crammed inside. The ship's captain deliberately ran aground when no one showed up to meet the passengers. Ten immigrants died trying to swim to shore, while dozens suffered hypothermia and other injuries. Prosecutors said Sister Ping was a key player in the conspiracy that exploited and abused immigrants, in many cases charging them tens of thousands of dollars for the trips, to be collected from their wages once they arrived in the United States. |
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Amputee awaits high court, wants musical glow back
Breaking Legal News |
2008/10/31 09:19
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When Diana Levine turned 63 recently, her daughter made her a birthday card, drawing on Greek mythology with an illustration of Diana the Huntress, her bow string drawn taut, an arrow ready to fly. But the arm pulling at the bowstring was amputated below the elbow — just like Diana Levine's — and the target was labeled the "Wyeth monster." That's Wyeth as in Wyeth Pharmaceuticals, the company Levine blames for a botched injection of the Wyeth-made drug Phenergan that led doctors to amputate her right arm in 2000. Levine, once a professional guitar player and pianist, now plays with one hand and sings. "It's about getting my glow back," she said recently as she was awaiting a hearing Monday before the U.S. Supreme Court, where Wyeth is appealing a $6.7 million verdict in her favor. The outcome of Levine's case could have major ramifications for drug makers and consumers. The court is expected to decide whether people can sue under state law — or are pre-empted from doing so — for harm caused by a drug approved by the federal Food and Drug Administration. |
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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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