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Together, Phoebe and Tyler alerted us to a crisis
Court Watch |
2011/05/09 07:10
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Phoebe Prince was a recently arrived Irish immigrant, 15 and emotionally fragile, when high school bullying over two boys she dated apparently drove her to hang herself with a scarf in her Massachusetts home.
Tyler Clementi was an 18-year-old violinist with a bright future. He jumped off the George Washington Bridge into the Hudson River after his roommate at Rutgers University allegedly used a webcam to spy on his same-sex liaison.
They never met each other, but together their ordeals put a spotlight on the harm caused by bullying and helped strengthen laws to crack down on what had until then been treated as a rite of adolescence.
"This prosecution has also shattered the myths that bullying is just part of growing up, that it affects only a small number of kids, and that kids can work it out themselves," said David Sullivan, a prosecutor in the Prince case. "The era of turning a blind eye to bullying and harassment is over."
Last week, five teenagers charged in the Prince case admitted in court that they participated in her bullying. In plea deals with prosecutors, they received probation and were ordered to perform community service. If they successfully complete their probation, the charges will be dropped. A statutory rape charge against a sixth teenager was dropped.
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Megabus driver charged in NY crash that killed 4
Court Watch |
2011/05/09 02:10
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The driver of a double-decker Megabus that smashed into a low bridge in upstate New York in September, killing four passengers, has been charged with criminally negligent homicide.
John Tomaszewski pleaded not guilty Monday. He made a wrong turn off an interstate highway late at night near Syracuse, and the 13-foot-1-inch-tall bus failed to clear the railroad bridge's 10-foot-9-inch span.
The Philadelphia-to-Toronto bus was carrying 29 people, including the driver, when it crashed Sept. 11 on the Onondaga Lakeside Parkway in Salina.
After months of review, a grand jury decided to indict him on four counts of criminally negligent homicide plus one count of failing to obey a traffic control device.
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Courts nationwide hold hearings with video
Law Center |
2011/05/08 09:11
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George Villanueva, charged with first-degree murder in the death of an NYPD officer, will not leave jail for months of pretrial hearings.
Instead, he'll be beamed into the courtroom via video as lawyers discuss his case in front of the judge.
Villanueva's case is part of a surge in court appearances done by video in New York and around the country, as cash-strapped communities look for ways to boost efficiency and cut costs. The tools are used in courts large and small, and the savings for some are staggering: $30 million in Pennsylvania so far, $600,000 in Georgia, and $50,000 per year in transportation costs in Ohio.
"We've had to trim our spending wherever we can and still provide what we think is effective constitutional justice, and we're doing that with the help of modern technology," said Pennsylvania State Supreme Court Justice Ronald D. Castille.
Advocates say the virtual hearing is easier on defendants, who don't have to get up at 4 a.m. to be shuttled with other criminal suspects to court, only to wait hours standing and handcuffed for an appearance. Judges say their cases are moving faster. And civil liberties groups say the practice raises no red flags.
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Calif Supreme Court lifts tobacco suit deadlines
Breaking Legal News |
2011/05/06 04:33
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The California Supreme Court has lifted legal deadlines for smokers who later develop diseases like lung cancer.
Lawyers who filed the lawsuit say Thursday's unanimous ruling in San Francisco will likely allow new smoker suits to be filed against the tobacco industry and keep alive lawsuits that may have been thrown out because of expired legal deadlines.
The case before the court involved former smoker Nikki Pooshs, who was diagnosed in 1989 with smoking-related chronic obstructive pulmonary disease in 1989 and a couple of years later with periodontal disease.
But Pooshs didn't sue the tobacco industry until she was diagnosed with lung cancer in 2003.
Cigarette makers argued the suit should be dismissed because California law gives people two years to file suit after discovery of an injury.
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RI lawyer confirmed as US judge; GOP block fails
Legal Business |
2011/05/06 03:33
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A trial lawyer nominated by President Barack Obama to be a federal judge in Rhode Island was confirmed on a party-line vote Wednesday just hours after a Senate GOP filibuster attempt failed.
The Senate voted 50-44 to confirm lawyer John McConnell to the bench after a more significant 63-33 tally to advance the nomination past a filibuster orchestrated by GOP leaders.
Eleven Republicans joined with Democrats in the earlier vote to break the filibuster. GOP leaders opposed McConnell, citing his record as a trial lawyer in cases against businesses. Republicans also said McConnell was less than truthful in his testimony to the Senate.
Wednesday's vote comes six years after the Republicans then in control of the Senate considered a change in procedures to make it impossible to filibuster judicial nominations, citing numerous Democratic efforts to stall former President George W. Bush's nominees. Democrats said Republicans were being hypocritical in now trying to filibuster a Democratic nominee. |
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Court for Fla. woman charged in husband's NY death
Criminal Law |
2011/05/06 01:34
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Federal prosecutors have been turning up the heat on a Florida woman accused of arranging the 2009 killings of her millionaire husband and mother-in-law.
Narcy Novack of Fort Lauderdale and her brother, Cristobal Veliz of Brooklyn, N.Y., are due in court Friday morning for a status conference.
Novack and Veliz are accused of hiring others to kill Ben Novack in his New York hotel room and Bernice Novack in her Florida home.
Last month, the government added the mother-in-law's killing to the charges against Novack and Veliz. And a prosecutor said another charge — which carries the possibility of the death penalty — may be in store.
Defense attorneys suggested the prosecution was trying to force a guilty plea.
Ben Novack's father built the Fontainebleau hotel in Miami Beach, Fla.
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Nevada Supreme Court hosting Law Day Live program
Legal Business |
2011/05/05 09:32
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The Nevada Supreme Court is hosting an interactive Law Day Live forum linking courtrooms in Las Vegas, Carson City, and Winnemucca around an American Bar Association theme honoring the legacy of the nation's second president, John Adams.
Court spokesman Bill Gang said a Thursday videoconference hook-up will be streamed live as an educational tool for middle and high school students across the state.
Panels at each location will include judges, prosecutors, defense attorneys and law enforcers — moderated by Supreme Court Justice Nancy Saitta.
Adams was the first U.S. lawyer-president, and was a staunch advocate of the rule of law — including the principle that accused persons are entitled to a legal defense.
Adams defended British soldiers in court on charges after the Boston Massacre of 1770.
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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 and help you redesign your existing law firm site to secure your place in the internet. |
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