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U.S. Supreme Court to decide Alaska case
Court Watch | 2007/03/17 10:54

The Supreme Court will hear arguments Monday in the case of Joseph Frederick, the Alaska high school student who was suspended for displaying a "Bong Hits 4 Jesus" banner. Other cases involving students' First Amendment rights are making their way through the courts:

- In Vermont, middle school student Zachary Guiles wore a T-shirt that used images of cocaine use and a martini glass to criticize President Bush. The shirt also called Bush "chicken-hawk-in-chief" and said he was on a "world domination tour."

School authorities said the shirt violated a dress code that bans clothing that promotes use of alcohol or drugs. Guiles taped over the images, sued and won rulings from lower federal courts. The Supreme Court has yet to act on the school district's appeal.

- In suburban San Diego, Tyler Harper was pulled from his class for wearing a T-shirt bearing the words "homosexuality is shameful." Harper said he wore the shirt after his school backed an event meant to show support for homosexuals, bisexuals and trans-gender students.

Harper sued the Poway Unified School District for violating his civil rights, contending he was suspended for expressing "sincerely held religious beliefs." The school said its dress code is designed to prevent disruption.

A federal judge upheld the policy and the same federal appeals court that sided with Frederick now is considering the case.

- A national Christian legal group sued a suburban Philadelphia school district on free-speech grounds, saying the district censors prayer club members and threatens discipline if students speak out against homosexuality.

The lawsuit filed by the Alliance Defense Fund accuses the Downingtown Area School District of improperly forcing a student group to drop explicitly Christian or Scriptural references from its literature, and to meet as the "Prayer Club" instead of the preferred "Bible Club."



13 SoCal nursing homes accused of elder abuse
Breaking Legal News | 2007/03/17 10:03

More than a dozen nursing homes run by one of the largest elder care providers in the country were accused of elder abuse and fraud in a class-action lawsuit filed in Orange County Superior Court. The lawsuit accuses 13 Southern California care centers operated by Life Care Centers of America Inc. of having a long history of substandard care. The complaint was filed Thursday by attorney Stephen Garcia on behalf of thousands of California residents who lived in one of the centers between 2003 to 2007.

Garcia accused the company of seeking out "the sickest of the sick who require the most attention" because these patients would bring in higher Medicare payments. The company would then give these patients little attention, Garcia claimed.

He hopes the lawsuit will force the court to order an independent monitor to oversee the company's centers.

"These nursing homes are supposed to be examined every 15 months, but sometimes it's two or three years between investigations," he said. "So basically these places operate unpoliced even though they're supposed to be policed."

A spokeswoman for Life Care in Cleveland, Tenn., could not be reached Friday.




U.S. judge OKs prison healthcare lawsuit
Law Center | 2007/03/17 08:58

A lawsuit alleging female inmates in Wisconsin receive deficient medical care took another step forward Thursday.

In a class action lawsuit brought by the American Civil Liberties Union, female prisoners at the Taycheedah Correctional Institution argued their rights were violated by severe lapses in medical treatment including inadequate access to doctors and life-threatening gaps in prescription drug treatment.

Prison officials argued they were not aware of such healthcare conditions at the prison and asked Judge Rudolph Randa of the U. S. District Court, Eastern District of Wisconsin, to dismiss the suit.

Randa instead ruled the case should proceed.



Lawsuit targets Life Care Centers
Breaking Legal News | 2007/03/17 05:01

A national chain of nursing homes with three care centers in Orange County is being accused of systematically neglecting its patients.

A lawsuit filed this week in Orange County Superior Court claims the 13 Southern California nursing homes owned by Life Care Centers of Americafailed to hire enough doctors, nurses and others to adequately care for its acutely ill patients. The suit, which lists the family of a Lake Forest woman, Consuelo Deburger, as its client, is seeking class action status.

Calls to Life Care's headquarters in Cleveland, Tenn., and to the hospitals listed as its Orange County operations, were not returned. The company's attorney was not listed on the complaint.

The suit claims the company owns Orangegrove Rehabilitation Hospital in Garden Grove, La Habra Convalescent Hospital in La Habra and Lake Forest Nursing Center in Lake Forest. Though it's unclear how many patients are in each center, the chain typically runs facilities that serve between 85 and 120 acutely ill patients.

"This is a case where they draw in the sickest of the sick and then fail to take care of them," said Stephen Garcia, a Long Beach attorney who filed the lawsuit. Garcia – who said he has filed "about ten" other cases against Life Care Centers over the years – said in a press release that privately held Life Care owns more than 260 hospitals nationally and generated sales of nearly $1 billion in 2006.

A 2006 report on Medicare cases filed by the U.S. Attorney's office in Atlanta said Life Care Center paid $2.5 million to settle a similar case in Atlanta. That payout was described as the largest settlement ever in a "quality-of-care-based false claims" case.



CBS shoots the NCAA to YouTube
Venture Business News | 2007/03/17 01:05

Though CBS already has an official channel on YouTube, today it unveiled a new channel, under the username "cbsncaatourney". Game clips and highlights will be uploaded "in near real time" according to a press release.

"This year, CBS Sports and YouTube will expand on the success of March Madness on Demand reaching sports fans everywhere, on all levels across all media, making the fan the real winner as we enter this Tournament," said CBS News and Sports president Sean McManus.


To monetize the move, CBS has struck a specific advertising deal with Pontiac. Video ads from the car maker will appear in the YouTube clips and in addition, Pontiac's name will appear in connection with the channel's features.

Clips will include press conferences, game highlights, and original programming from CBS Sports. Additionally, CBS will use the channel to add more interaction with viewers, by letting them vote on their favorite "game changing performances".

CBS uploaded 36 videos to coincide with the launch of the new YouTube channel, including this perfect three-pointer from Davidson guard Stephen Curry.



American Intellectual Property Law Association Conference
Events and Seminars | 2007/03/16 22:32



Online Conference Registration is for Registered Users Only - If your AIPLA Membership cannot be verified and your dues are not current, you will not be able to register. To register online, please make sure you have set up your login and password via our Site Login Area. Once you set up your login, you can continue with your registration.

April 2007

Date Location Conference 
April 11 - April 13  Alexandria, VA  2007 Legal Secretaries & Admin. - APRIL  Register 

May 2007

Date Location Conference 
May 9 - May 11  Boston, MA  2007 Spring Meeting  Register 

http://www.aipla.org/Template.cfm?Section=Register&Template=/Conference/ConferenceDescription.cfm&ConferenceID=111



Court rules against dying woman in marijuana case
Law Center | 2007/03/16 17:36
Dying mother Angel Raich, 41, has lost her appeal in federal court Wednesday to use marijuana for medical purposes. Her doctor claims marijuana is the only medicine that will keep Raich alive.

The mother of two, from Oakland, CA, has scoliosis, chronic nausea and an inoperable brain tumor, among other ailments. Raich pre-emptively sued the government in an effort to avoid arrest for using marijuana. Raich uses marijuana every few hours, on her doctor's advice.

The 1970 Controlled Substances Act criminalizes heroin, LSD, marijuana and other drugs. In her appeal, Raich was asking for enforcement of this law to be blocked.

A legal conflict exists between federal law, which states marijuana is illegal and has no medical value, and 11 states that allow marijuana use for medical purposes with a doctor's recommendation. Two years ago, the Supreme Court ruled against Raich, stating that even individuals living in one of the 11 states allowing medical marijuana can be prosecuted under federal laws.

Due to the Supreme Court ruling, the 9th Circuit Court of Appeals narrowed the issue down to the right to life theory. The three appeals judges stated that the U.S. is not to the point where "the right to use medical marijuana is 'fundamental.'" The court did admit, however, that if Raich is later arrested and prosecuted, she may be able to use a "medical necessity defense."

Judge C. Arlen Beam stated in a partial dissent that since Raich has not been arrested, she has no legal standing to bring a case.

Raich told press that "I have to get myself busted in order to try to save my life." Frank Lucido, one of Raich's physicians, said last year that she would "probably be dead without marijuana."

New Mexico may become the 12th state to allow marijuana use for medical purposes. Governor Bill Richardson is expected to sign the bill that lawmakers approved Wednesday.

Several California cities have de-prioritized marijuana offenses, including San Francisco, Santa Cruz, Santa Monica, Oakland, Santa Barbara and West Hollywood. San Francisco joined the growing number of California cities putting marijuana offenses low on the priority list in December.

Marijuana has been used to treat a variety of illnesses and symptoms, including cancer, glaucoma, hepatitis C, Crohn's disease, HIV or AIDS and multiple sclerosis. It has also been used to treat migraines, seizure disorders, severe or chronic pain or nausea, anorexia, wasting syndrome and agitation of Alzheimer's disease.



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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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