Today's Date: Add To Favorites
Court: Elderly sisters must split lottery winnings
Court Watch | 2008/02/03 07:16

The Connecticut Appeals Court has ruled a 1995 pact struck by two widowed sisters to split each other’s future gambling winnings is still binding despite the fact they no longer speak to one another.

The decision paves the way for a public family feud pitting Theresa Sokaitis, 81, against Rose Bakaysa, 85, over a $500,000 Powerball jackpot Bakaysa hit on June 18, 2005, but doesn’t want to share with her estranged sibling.

Sokaitis is suing Bakaysa for breach of contract. Bakaysa’s attorney, William Sweeney Jr., told the Herald in November Sokaitis is a “gold digger.”

“We’re going to go to trial court and battle it out,” Sokaitis’ Boston attorney, Sean Higgins, said. She was, he said, “extremely excited by the court’s decision. She’s obviously elated for the chance to prove that she is entitled to her share of the money.”

Unlike Massachusetts, a bygone Connecticut law still frowns upon private wagering contracts. However, two appellate judges, in overruling Connecticut Superior Court Judge Patty Pittman’s 2006 summary judgment awarding the money to Bakaysa, found the notarized agreement between the sisters was not induced by the guarantee of hard cash, “but rather their mutual promises to one another to share in any winnings they received.”

Though Connecticut now widely embraces many forms of gambling, Appeals Court Judge William Lavery cast the lone dissenting vote against Sokaitis, stating in written remarks that “money” was the motivation behind the deal. “We must assume that it was the intent of the Legislature to continue to prohibit wagering contracts like the one at issue in this case,” he said.



Court Won't Reconsider Guantanamo Ruling
Breaking Legal News | 2008/02/02 07:18
A federal appeals court refused Friday to reconsider a ruling broadening its own authority to scrutinize evidence against detainees at Guantanamo Bay.

The decision is a setback for the Bush administration, which was displeased by the court's three-judge ruling in July and had urged all 10 judges on the U.S. Court of Appeals for the District of Columbia Circuit to review it. The administration said the decision jeopardized national security.

The ruling held that, when Guantanamo Bay detainees bring a court challenge to their status as "enemy combatants," judges must review all the evidence, not just the evidence the military chooses.

After criminal trials, appeals courts are limited in what evidence they can review. But hearings at Guantanamo Bay are not trials. Detainees are not allowed to have lawyers and the Pentagon decides what evidence to present. And unlike in criminal trials, the government is not obligated to turn over evidence that the defendant might be innocent.

"For this court to ignore that reality would be to proceed as though the Congress envisioned judicial review as a mere charade," Chief Judge Douglas H. Ginsburg wrote Friday.

If the military reviewers designate a prisoner an enemy combatant, the prisoner can challenge that decision before the appeals court in Washington. The court was divided 5-5 on whether to reconsider its earlier decision. A majority of judges must vote to reconsider a ruling as a full court.

The Supreme Court is watching the case as it considers a landmark case challenging whether the military tribunal system is unconstitutional. With the high court waiting, it would not be in the public's interest to reconsider the case and risk delaying a Supreme Court decision, Judge Merrick B. Garland wrote.

Judge A. Raymond Randolph issued a stern retort.

"We think that it is more important to decide the case correctly," Randolph wrote on behalf of the dissenting judges, "and that a correct decision would be of more assistance to the High Court."

It is unusual for judges to issue written opinions when denying such requests. The decision to issue a multiple written opinions underscores both how important and contentious the issue is.

"We are disappointed with today's decision," Justice Department spokesman Erik Ablin said. "All of the judges recognized the importance of the case and the court was evenly divided. We are reviewing the decision and considering all of our options."



US Supreme Court stays Alabama execution
Breaking Legal News | 2008/02/01 09:07
The US Supreme Court on Thursday issued an order staying the execution of a convicted rapist and murderer, as part of its decision to review the legality of lethal injections nationwide. The reprieve came hours before James Callahan, 61, was scheduled for execution at Alabama's Holman prison. Callahan was sentenced to death for the 1982 rape and murder of a Jacksonville State University student.

The Supreme Court's stay of execution followed its decision in September to hear a challenge to the constitutionality of the cocktail of chemicals used in lethal injections. The court began hearing arguments on this on January 7.

Local courts and state governments across the United States have put executions on hold while they await the Supreme Court decision, which is expected before the end of its term in July.

The review centers on the three-stage cocktail of drugs used in the injections -- the first chemical puts the prisoner to sleep, the second paralyzes the muscles and the third stops the heart.

If all goes to plan, the inmate quickly falls unconscious and dies within minutes. But if the first chemical is not administered properly, the two others become extremely painful, as shown by several botched executions.

Lawyers arguing against lethal injection say it violates the eighth amendment of the US constitution, which outlaws "cruel and unusual" punishment.

In December, New Jersey became the first US state in 40 years to abolish the death penalty. But opinion polls suggest that two-thirds of Americans continue to favor capital punishment, and more than 3,200 inmates remain on death row across the country.



US patent court rules for Tivo, against Echostar
Patent Law | 2008/02/01 08:39

EchoStar Communications Corp infringed a TiVo Inc patent in building digital video recorders and must pay nearly $74 million in damages, a court that specializes in patent cases ruled on Thursday.

The U.S. Court of Appeals for the Federal Circuit said in its decision that it partially affirmed a verdict from a federal district court in Texas.

That lower court had ruled that EchoStar's digital video recorders infringed what it called the "software" claims of a TiVo patent. But the appeals court reversed a portion of the lower court's decision which said the EchoStar devices also infringed on what it called "hardware" claims.



Lawmakers: Extend Energy Tax Breaks
Legal Business | 2008/02/01 05:11
Unable to extend tax breaks as part of a broad energy bill two months ago, lawmakers are trying to attach some of them to an emergency economic aid package containing rebates for millions of taxpayers.

But that strategy may also falter when the Senate votes next week on the $193 billion economic stimulus bill that has been expanded over what already was approved by the House. Both President Bush and Senate GOP leaders have warned against adding to the House-passed bill.

But as it emerged this week from the Senate Finance Committee, among the items added was a string of energy tax credits aimed at helping people lower their heating and cooling costs and give a boost to wind and solar energy industries.

The efficiency measures — including tax credits for retrofitting homes with more energy efficient windows, insulation and furnaces — expired in December. The other tax breaks are set to die out at the end of this year. The economic package would extend all of the credits to the end of 2009.

Wind and solar industry lobbyists and energy efficiency advocates have pushed for the tax extensions, which have bipartisan support, but efforts to get them into the energy bill enacted just before Christmas failed because of an unrelated dispute over taxing large oil companies.

With lawmakers facing political pressure to respond to the threats of an economic recession, the stimulus package was seen as a way to prolong the energy tax breaks.

"The stimulus package should underscore the nation's commitment to energy efficiency and alternative energy," said Iowa Sen. Charles Grassley, the top Republican on the Senate Finance Committee, arguing for including the tax incentives, despite GOP leaders' opposition to adding to the $161 billion House bill.

Although the energy tax provisions would be extended only to the end of 2009, if they were to continue over 10 years the cost to the government would be $5.75 billion, according to the Finance Committee.

"Investors need certainty. They won't put their money out for a wind energy facility unless there's a reasonable expectation that tax incentives will continue into the future," said Grassley.

The bill includes incentives to spur production of wind farms, biomass energy plants and investments in solar energy plants. It also includes a tax break for making the most efficient appliances and for ultra-energy efficient residential and commercial buildings.

It also would provide tax credits up to $500 to reduce the cost of installing insulation, more efficient furnaces and windows in homes. Approved by Congress in 2005, these credits expired at the end of December just as consumers faced huge increases in fuel costs for winter heating.

The efficiency tax breaks, which would be reinstated for two years, can help to "combat spiraling home energy costs that are expected to average roughly $2,200 this year," said Kateri Callahan, president of the Alliance to Save Energy, an advocacy group.

Separate provisions aimed at manufacturers and builders would extend tax credits intended to develop the next generation of energy efficient appliances including clothes washers and refrigerators, and for constructing ultra-energy efficient commercial and residential buildings.

Renewable energy industries — wind, biomass and solar — have argued that longer term tax credits are essential to provide assurance to investors in wind turbines or biomass. The bill would extend tax credits for such electricity sources through 2009.

Wind energy grew by 45 percent last year, but continued growth has been jeopardized by the uncertainties over the production tax credit, said Greg Wetstone of the American Wind Energy Association.

"Investors are reluctant to make commitments until they know what the tax policy will be next year," said Wetstone, adding that enactment of the tax extension is "pivotal for one of the fastest growing sectors of the American economy."

The solar energy industry also has argued that certainty on tax policy is key to attracting investors.

"While the solar industry will continue to press for longer extensions (of tax breaks) for commercial and residential projects, this is a win for solar energy and for our economy," said Rhone Resch, president of the Solar Energy Industries Association.



Drifter Guilty in Ga. Hiker's Murder
Criminal Law | 2008/02/01 05:09
The wiry, graying drifter sought for several days in the New Year's Day disappearance of a 24-year-old hiker pleaded guilty Thursday to murdering her in what authorities called a frustrated robbery attempt.

In a startlingly swift resolution to the case, Gary Michael Hilton was immediately sentenced to life in prison with the possibility of parole after 30 years. The judge said she signed off on the deal because the 61-year-old likely would have died in prison anyway before the state had a chance to execute him.

Hilton was indicted Thursday morning by a specially called Dawson County grand jury that accused him of bludgeoning Meredith Emerson on Jan. 4, three days after he was seen with her on a trail in the mountains of northern Georgia.

Hilton told investigators he abducted the physically fit woman in a plan to steal cash from her bank accounts, Dawson County District Attorney Lee Darragh said.

"The sole purpose was to acquire (bank) cards and PIN numbers," Darragh said. "He mentioned at one point that he knew eventually he would take her life."

But Emerson gave him false PINs, and Hilton finally took a tire iron to her head, the prosecutor said. Hilton decapitated her to make it harder for authorities to identify the body, said John Cagle, a special agent in charge with the Georgia Bureau of Investigation.

Authorities have said they are looking at whether Hilton had a hand in the October disappearance of an 80-year-old hiker and his 84-year-old wife in western North Carolina, and in two other killings in Florida. Cagle and Darragh declined to say what effect, if any, Hilton's plea deal might have on those investigations.



Abortion provider must turn over files
Court Watch | 2008/02/01 04:08
One of the nation's few late-term abortion doctors was ordered Wednesday to turn over about 2,000 patient medical records to a Kansas grand jury investigating his practice.

Abortion opponents hope that the records will lead to further criminal charges against Dr. George Tiller, who already is facing 19 misdemeanor counts stemming from late-second and third-trimester abortions at his clinic in Wichita.

Tiller's lawyers say he scrupulously follows the law. They plan to ask the Kansas Supreme Court to overturn a state district court judge's ruling that Tiller begin handing over files as early as today.

"It's an unprecedented encroachment upon a woman's right to privacy," attorney Dan Monnat said.

Monnat was joined in court by a lawyer from the New York-based Center for Reproductive Rights, who filed affidavits from three patients demanding that their medical records remain private.

Even though the judge ordered names and addresses removed from the files, the patients said they feared their identities could be deduced from details about their families and medical histories. The antiabortion group Operation Rescue has given the grand jury several photos that it says show pregnant women entering Tiller's clinic; the same pictures are posted online, with the women's faces blurred.

"Even thinking about the possibility of anti-choice extremists identifying me has caused my partner and I great distress," one woman wrote.

The unfolding legal dispute treads familiar ground.

Tiller spent three years battling a subpoena for a much smaller group of medical records sought by former Atty. Gen. Phill Kline, an opponent of legal abortion. The Kansas Supreme Court eventually forced Tiller to turn over 60 records on the condition that an independent lawyer first review them to redact names, addresses and other information not relevant to the criminal inquiry.

After Kline was voted out of office, his successor -- a supporter of abortion rights -- charged Tiller with the misdemeanors.


[PREV] [1] ..[770][771][772][773][774][775][776][777][778].. [1187] [NEXT]
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
Florida Attorney General Ash..
Americans’ trust in nation..
Trump asks the Supreme Court..
Rudy Giuliani is in contempt..
Small businesses brace thems..
Appeals court overturns ex-4..
Amazon workers strike at mul..
TikTok asks Supreme Court to..
Supreme Court rejects Wiscon..
US inflation ticked up last ..
Court seems reluctant to blo..
Court will hear arguments ov..
Romanian court orders a reco..
Court backs Texas over razor..
New Hampshire courts hear 2 ..


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.
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
East Greenwich Family Law Attorney
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
  Law Firm Directory
 
 
 
© ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Affordable Law Firm Web Design