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Judge won't step down from Nichols case
Court Watch |
2008/04/27 11:07
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The judge overseeing the murder trial of accused courthouse shooter Brian Nichols said Thursday he won't step down from the case, but will ask another judge to consider a defense request to remove him. Lawyers for defendant Brian Nichols said in court papers earlier this week that Superior Court Judge James Bodiford was quoted in a newspaper article four days after the March 11, 2005, shootings saying that he was friends with the judge killed in the rampage. The article also said Bodiford released a statement at the time that described the death of Judge Rowland Barnes as a "brutal murder." Nichols' lawyers questioned Bodiford's ability to be impartial, and asked that he step down. Bodiford said at a hearing Thursday that he doesn't believe he should step down. But he said it's a good idea to let another judge review the issue. Bodiford is serving on the Nichols case in place of a previous judge who stepped down from the case in late January after he was quoted in a magazine article saying of Nichols that "everyone in the world knows he did it." Nichols' murder trial for the killings of four people resumes July 10. |
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Tax rebates to start going out Monday
Tax |
2008/04/25 08:44
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Rebates from the 2008 economic-stimulus package are set to begin going out Monday, President Bush said, reiterating that the infusion of cash will help lift the U.S. economy out of its ongoing slowdown. The Treasury Department will send out the first wave of rebates via direct deposit starting next week, and paper checks will begin going out May 9. The rebates are worth up to $600 a person or $1,200 a couple.
"This money is going to help Americans offset the high prices we're seeing at the gas pump and at the grocery store, and will also give our economy a boost," Bush said Friday.
Nearly 7.7 million Americans will get their checks electronically during the first week, Bush said at the White House. By this summer, he said, the Treasury will have sent rebates to about 130 million U.S. households.
"It's obvious our economy is in a slowdown," Bush said, speaking on the White House South Grounds. Bush has denied that the U.S. is in a recession. The rebates are part of the bipartisan stimulus package passed by Congress enacted in February. |
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Another guilty plea in NBA referee betting scandal
Court Watch |
2008/04/25 08:43
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A professional gambler pleaded guilty on Thursday to making bets based on inside tips from former NBA referee Tim Donaghy. James Battista told a judge in federal court in Brooklyn he hatched a scheme in late 2006 with another old friend of Donaghy, Thomas Martino, to pay the referee thousands of dollars for the information while Battista was "engaged in the business of sports betting." Battista's lawyer had notified the court last week that his client wanted to go to trial rather than plead guilty to charges of defrauding the NBA, as Martino did earlier this month. But he changed his mind after prosecutors offered a last-minute deal allowing him to instead plead guilty to a lesser charge of conspiring to make illegal bets, said the lawyer, Jack McMahon. "He's a gambler, and he bet," McMahon said. "We never really contested that." The deal spares Donaghy from having to testify as the government's star witness at a high-profile federal trial. It also means Battista, 42, will face only 10 to 16 months in prison at sentencing on July 11. By contrast, Martino faces 12 to 18 months. Donaghy, of Bradenton, Fla., pleaded guilty last year to charges he conspired to engage in wire fraud and transmitted betting information through interstate commerce. The referee said he made NBA bets for four years, even wagering on games he worked. He also admitted recommending bets to high-stakes gamblers and collecting $5,000 if his picks hit. Donaghy, 41, is scheduled to be sentenced May 22. By law, he faces up to 25 years in prison, though the term could be much lower under sentencing guidelines. The three men attended high school together in Springfield, Pa |
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Court cuts $200M from royalty judgment against Genentech
Court Watch |
2008/04/25 08:41
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The California Supreme Court has slashed $200 million from a judgment against Genentech Inc. The South San Francisco-based biotechnology company was ordered to pay $500 million to a Southern California hospital for failing to pay royalties after City of Hope Medical Center helped manufacture some of its drugs. A Los Angeles County Superior Court jury had awarded the hospital $300 million in actual damages and another $200 million in punitive damages for violating a contract signed in 1976. The state's high court on Wednesday knocked out the $200 million in punitive damages but upheld the $300 million. The closely watched case attracted 17 friends-of-the-court briefs from a variety of business interests. |
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eBay sues Craigslist over alleged stake dilution
Venture Business News |
2008/04/24 09:03
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EBay Inc, the world's largest online auctioneer, sued Craigslist, a competitor in which it holds an ownership stake, in a dispute over whether the Internet bulletin board tried to blunt eBay's control. EBay alleged in the lawsuit that the board of directors of Craigslist, the Web's dominant classifieds listing service, took "unilateral actions" to dilute eBay's 28.4 percent stake by more than 10 percent, eBay said in a statement. The suit, filed on Tuesday under seal, asked a Delaware Chancery Court to rescind the unspecified actions to protect eBay's stockholders and preserve its stake in Craigslist. The suit names as defendants Craigslist founder, Craig Newmark, who runs the company in a famously open-minded style, and Chief Executive Jim Buckmaster. Newmark and Buckmaster are the only members of Craigslist's board of directors. In a blog posting late on Tuesday, Craigslist said it was "surprised and disappointed" by eBay's allegations, which "came to us out of the blue, without any attempt to engage in dialogue with us." The lawsuit by "a company that views Craigslist as a prime competitor ... seems unethical, and suggests ulterior motives" such as a "hostile takeover" of Craigslist or the sale of eBay's stake to an "unfriendly party," the posting said. Craigslist said it has always treated eBay "very fairly" and plans to continue doing so, despite this "unfortunate development." EBay bought a minority ownership stake in 2004, and launched its own free online classifieds site, called Kijiji, three years later in the United States.
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Supreme Court affirms drug-arrest case
Law Center |
2008/04/24 05:03
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The Supreme Court affirmed Wednesday that police have the power to conduct searches and seize evidence, even when done during an arrest that turns out to have violated state law. The unanimous decision came in a case from Portsmouth, Va., where city detectives seized crack cocaine from motorist David Lee Moore after arresting him for a traffic ticket offense. Justice Antonin Scalia said that when officers have probable cause to believe a person has committed a crime in their presence, the Fourth Amendment permits them to make an arrest and to search the suspect to safeguard evidence and ensure their own safety. Moore was convicted on a drug charge and sentenced to 3 ½ years in prison. The Virginia Supreme Court had ruled police could not lawfully conduct a search. |
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Court Hears Arguments on Burden of Proof in Age Suits
Court Watch |
2008/04/24 02:05
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It is not necessarily unlawful for an employer to adopt policies that put older workers at a disadvantage. Such policies pass muster under the Age Discrimination in Employment Act as long as they are based on “reasonable factors other than age.” The question in a Supreme Court argument on Wednesday was whether the employer has to prove that such “reasonable factors” exist, or whether it is up to the employee who has brought a lawsuit to show that they do not. The burden of proof makes a substantial difference in any lawsuit, although statutes rarely specify which side bears it. For federal laws against race and sex discrimination in the workplace, the Supreme Court has filled the gap by developing fairly elaborate procedures that plaintiffs and defendants must follow. But for age discrimination, the rules have remained murky, leaving the lower courts in confusion over how to handle this rapidly growing category of workplace discrimination claims. The argument the justices heard on Wednesday was in a case brought by two dozen workers at a federal research laboratory in upstate New York. Carrying out a reduction in force, the employer, Knolls Atomic Power Laboratory, which is owned by the Lockheed Martin Corporation, terminated 31 employees after using a set of guidelines to evaluate workers’ skills and amenability to retraining. All but one dismissed employee was over 40, the age at which the protections of the federal age discrimination law begin to apply. Most of the affected employees joined a lawsuit arguing that there was no justification for using an evaluation system that had such a starkly disparate impact on older workers, and that the procedure consequently violated the federal law. The plaintiffs won in a jury trial. But the judgment was overturned by the United States Court of Appeals for the Second Circuit, in Manhattan, which held that plaintiffs in such a case had the burden of showing that the policy they were challenging was unreasonable. |
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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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