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Lawyer sues Delta for ruining family vacation
Legal Business | 2008/05/29 09:34

A New York lawyer is suing Delta Air Lines for $1 million, saying his family vacation turned into a nightmare after they were stranded in an airport for days and treated disdainfully by airline employees. Richard Roth, who filed the lawsuit on behalf of himself and his mother, said he planned the Christmas 2007 trip to Buenos Aires to celebrate his mother's 80th birthday. She had grown up in the city, but had not returned in years, he said.

Instead, Roth, his two teenage children, his wife and mother spent three days in airports, went days without their luggage, were treated rudely by airline employees and were forced to spend $21,000 on unused hotel rooms in Argentina, replacement clothes, and other costs.

"Through its gross negligence, malfeasance and absolute incompetence, Mr. Roth holds Delta responsible for ruining his vacation," said the lawsuit, filed in New York state court.

Delta Air Lines Inc had no immediate comment. Roth said that he has been in touch with Delta about getting reimbursed, but was repeatedly rebuffed. He told Reuters on Wednesday filing the suit was a last resort.

After the initial flight from New York was delayed by more than two hours, the family was not allowed to board their connecting flight in Atlanta, Roth said.

A Delta employee "literally walked away chuckling that he had left them stranded," he said. After waiting in the airport for hours, Roth was told the next available flight would depart more than two weeks later.



Calif.: Same-sex marriages OK beginning June 17
Breaking Legal News | 2008/05/29 09:32
Barring a stay of a historic California Supreme Court ruling, same-sex couples will be able to wed in the state beginning June 17, according to a state directive issued Wednesday.

And such unions might soon be recognized at the other end of the country in New York, where the governor has directed state agencies to do so.

California said it chose June 17 because the state Supreme Court has until the day before to decide whether to grant a stay of its May 15 ruling legalizing gay marriage.

Gay-rights advocates and some clerks initially thought couples would be able to wed as early as Saturday, June 14. The court's decisions typically take effect 30 days after they are made.

The guidelines from Janet McKee, chief of California's office of vital records, to the state's 58 county clerks also contained copies of new marriage forms that include lines for "Party A" and "Party B" instead of bride and groom. The gender-neutral nomenclature was developed in consultation with county clerks, according to the letter.

"Effective June 17, 2008, only the enclosed new forms may be issued for the issuance of marriage licenses in California," the directive reads.

A group opposed to gay marriage has asked the court to stay its decision until after the November election, when voters are likely to face a ballot initiative that would once again define marriage as a union between a man and a woman. Passage of the initiative would overrule the Supreme Court.

Under the Supreme Court's regular rules of procedure, justices have until the end of the day June 16 to rule on the stay request, according to the memo sent by e-mail to county clerks. Lawyers involved in the marriage case have said previously the court could grant itself an extra 60 days to consider the stay.



Wisconsin Supreme Court reprimands one of its own
Breaking Legal News | 2008/05/29 09:32
The Wisconsin Supreme Court reprimanded one of its own Wednesday, giving Justice Annette Ziegler the lightest possible punishment for hearing cases involving a bank where her husband was a paid director.

It was the first time the state high court has taken such an action, and her colleagues could have suspended her or removed her from the bench.

Ziegler ruled in favor of West Bend Savings Bank in several cases she heard as a Washington County judge between 2001 and last year. The court said Ziegler's "serious and significant" offense diminished public confidence in the legal system.

The state's judicial code requires judges to withdraw from cases in which they have a significant financial interest that could raise questions about their impartiality.

Ziegler called her hearing of the cases an "inadvertent error."

"I appreciate that this matter is now concluded," she said in a statement. "I look forward to continuing to serve the people of Wisconsin."

Mike McCabe, director of the watchdog group Wisconsin Democracy Campaign, which filed the complaint, argued that suspension or removal from office would be more appropriate.

"The discipline will be seen by the public as nothing more than a slap on the wrist," McCabe said. "Clearly the court is operating under a cloud right now."

Ziegler, 44, began her 10-year term on the Supreme Court in August.



NJ, Texas courts scrap awards from Vioxx cases
Law Center | 2008/05/29 07:29
Appeals courts in New Jersey and Texas have scrapped verdicts against drugmaker Merck stemming from some of the earliest trials involving its once popular painkiller Vioxx.

A Texas court scrapped a $26 million verdict against the drugmaker stemming from the first trial. The court found no evidence that Robert Ernst suffered a fatal heart problem from a blood clot triggered by Vioxx. He had been taking the now-withdrawn drug for eight months before being stricken in May 2001.

A New Jersey appeals court separately voided $9 million of the nearly $14 million awarded to John McDarby in 2006 by a jury in Atlantic City. The panel found that New Jersey's Product Liability Act was pre-empted by the federal Food Drug and Cosmetic Act.



Ex-SEAL trainee's case back in Va. court
Court Watch | 2008/05/29 06:30
A former Navy SEAL trainee convicted of killing a Georgia college student is headed back to a Virginia court to try to clear his name.

Dustin Turner is hoping to overturn his conviction based on a confession by a fellow trainee who also went to prison for the crime. A hearing was to resume Thursday morning in Virginia Beach Circuit Court.

On Wednesday, Billy Joe Brown testified that he alone killed Jennifer Evans in 1995. He said he became a Christian in prison and realized he had to come clean.

Brown also gave a sworn statement taking full responsibility for the killing in 2003.

After a judge determines whether Brown's confession is credible, the state appeals court must decide whether it would have changed the outcome of Turner's trial.



High court backs workers in race, age bias lawsuits
Breaking Legal News | 2008/05/28 08:46
To the surprise of civil rights advocates, the Supreme Court on Tuesday strengthened workplace anti-discrimination laws, ruling that employees who say they were punished for complaining of bias can sue for damages. In a pair of decisions, the court concluded that claims of retaliation are covered by long-standing civil rights laws, even though this kind of discrimination was not mentioned specifically in the statutes.

This expansion of employee rights stands in sharp contrast to a series of pro-business rulings limiting the rights of workers that were made last year by the Supreme Court.

Tuesday's decisions do not amount to a sharp change in the law. Most civil rights laws already protect employees against being punished for complaining of bias based on their race, religion, gender, national origin or age.

However, in both cases the court read an older law broadly to give employees more rights to sue for discrimination.



Poll: Majority of Californians back gay marriage
Human Rights | 2008/05/28 08:44
More California voters now support allowing same-sex marriage than oppose it, according to a new poll released Wednesday.

The results mark the first time in over three decades of polling that more California voters have approved of extending marriage to gay couples than have disapproved, said Field Poll director Mark DiCamillo. The survey of 1,052 registered voters was conducted over the phone.

"I would say this is a historic turning point or milestone," DiCamillo said. "We have speculated in the past there would be some time in the future when a majority would support same-sex marriage. Well, the lines have crossed."

The poll found that 51 percent of respondents backed legalizing same-sex marriage and 42 percent opposed it, DiCamillo said.

In 2006, when participants were asked, "Do you approve or disapprove of California allowing homosexuals to marry members of their own sex?" 44 percent said they approved and 50 percent objected. In 1977, the first year Field posted the question to voters, 28 percent approved and 59 percent were opposed.

The poll was conducted from May 17 to May 26 in the days after the California Supreme Court handed down its historic ruling legalizing same-sex marriage in the nation's most populous state. A smaller percentage of respondants_ 48 percent — said they agreed with the court's decision and 46 percent disagreed.



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