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Murder conviction of mom reversed in California
Breaking Legal News | 2010/08/03 01:49

An appeals court panel has reversed the murder conviction of a mother accused of driving her teenage son and his friends to a Southern California park where a 13-year-old rival gang member was stabbed to death.

The 2nd District Court of Appeal panel ruled 2-1 on Monday that jurors in the case of 33-year-old Eva Daley were given an "impermissibly ambiguous" jury instruction during the 2008 trial.

Associate Justice Laurie D. Zelon wrote that case records don't show the jury based its verdict on a legally valid theory, so the conviction should be reversed.

Daley had been convicted of second-degree murder for the 2007 death of Jose Cano.

Prosecutors argued that Daley wanted revenge because Cano allegedly stabbed her son six months earlier.



Firms crack down on staffers' posts on social media sites
Business | 2010/08/02 09:01

Domino's still has nightmares about a prank video posted on the social networking site, YouTube, that got two employees in trouble with the law and tarnished the pizza chain's reputation.

The Ann Arbor-based company became an instant Internet sensation in April 2009 after one franchise employee filmed another sticking cheese inside his nose, sneezing on the food and implying it would be delivered to customers from the store they worked at in Conover, N.C.

Both were fired, and the store closed several months later after sales dropped 50 percent. The two former employees were charged with contaminating food distributed to the public. Michael Setzer, 32, was found guilty and sentenced to 24 months of probation in March. Kristy Hammonds, 31, who was banned last fall from college, is still awaiting trial.

The YouTube episode "certainly was a wake-up call," Domino's spokesman Chris Brandon said. "Now we monitor (social media sites) every day. Someone on my team, it's their full-time job to monitor what's being said."

The episode reflects a growing problem of workers across the country, including in Metro Detroit, who like to gossip about the workplace on social networking sites like Facebook, Twitter and YouTube. This has resulted in employers increasing sanctions against employees.

This year, 21 percent of companies with 1,000 or more workers have disciplined employees for violating social networking policies, compared with 13 percent in 2008, according to a survey by Proofpoint Inc., an e-mail security company in Sunnyvale, Calif. About 9 percent have fired an employee for these violations, more than double from 4 percent two years ago.

"For every case you see in the news, it's really just the tip of the iceberg," said Keith Crosley, director of market development for Proofpoint. "There are many more investigations and breaches that you never hear about."

In at least one case, a worker got into trouble for a photo that seemed to have nothing to do with his job.



Gibson Dunn Opens in Hong Kong with Focus on Litigation
Law Firm News | 2010/08/02 08:59

Gibson, Dunn & Crutcher has opened an office in Hong Kong with two attorneys leading the effort. Kelly Austin has joined the firm as a partner from General Electric Co., where she was Asia compliance and litigation counsel. The firm also is relocating partner Joseph Barbeau to Hong Kong from its Palo Alto office.

Austin has been based in Hong Kong since 2001. She previously advised GE's Asian business units on government investigations, compliance matters, and litigation. Her mandate now is to launch a practice focused on litigation and regulatory compliance in the region for her new firm.

Gibson Dunn's decision to open in Hong Kong with such a practice reflects the growing belief among international firms that litigation groups in Asia are set to take off. Over the past few weeks, Latham & Watkins launched a Hong Kong litigation practice and top Australian firm Mallesons Stephen Jacques recruited a senior Clifford Chance litigation partner to its Hong Kong office.



Law center threatens suit over Michigan oil spill
Legal Business | 2010/08/02 08:58

A public interest law firm is preparing to sue the Canadian owners of a pipeline that ruptured in southern Michigan and dumped hundreds of thousands of gallons of oil into a Kalamazoo River tributary.

The Great Lakes Law Center on Monday sent Enbridge Inc. a notice of intent to file suit if a settlement isn't reached within 60 days. The letter accuses the company of violating the Clean Water Act.

The Detroit-based law center says Enbridge could face more than $26 million in civil penalties based on the Environmental Protection Agency's estimate that the spill exceeds 1 million gallons. The company estimates the total at 820,000 gallons.

A phone message seeking comment was left with Enbridge, which reported the spill a week ago.



Former UNM asst. coach sues current coach, regents
Breaking Legal News | 2010/08/02 08:57
A former assistant football coach at the University of New Mexico has filed a civil rights lawsuit stemming from an altercation involving coach Mike Locksley.

J.B. Gerald filed the lawsuit Friday in U.S. District Court in Albuquerque against Locksley and the University of New Mexico Board of Regents.

The lawsuit says Locksley attacked Gerald on Sept. 20 by choking him, punching him in the face and cursing at him in front of peers and athletes, and should have to pay damages to Gerald.

The lawsuit says the University of New Mexico discriminated against Gerald, who is black, by encouraging him to minimize the assault and failing to take appropriate action.

UNM spokeswoman Susan McKinsey says the university "will vigorously defend itself and its employees against these claims."



Ginsburg: OK to look to foreign law for good ideas
Law Center | 2010/08/02 08:57

Supreme Court Justice Ruth Bader Ginsburg says judges can look to foreign law for good ideas without diminishing their ability to apply U.S. law faithfully.

Ginsburg told a meeting of international lawyers Friday that American judges can learn from their foreign counterparts when seeking solutions to "trying questions."

Ginsburg said high court nominee Elena Kagan got it right when she told senators at her confirmation hearing that she was in favor of good ideas "wherever you can get them."

Ginsburg acknowledged that other justices, including Antonin Scalia, are sharp critics of the use of foreign law in Supreme Court decisions. Still, she predicted the high court will continue to look to courts in other democracies for occasional help.



Judge lets paper publish info on juicemaker probe
Breaking Legal News | 2010/08/02 03:54

A judge has lifted an order that prevented a legal newspaper from publishing information found in court records that were supposed to have been shielded from public view.

The Internet blog of the National Law Journal said Friday that the judge freed the newspaper to publish the information, which concerned an investigation of juicemaker POM Wonderful by the Federal Trade Commission.

POM had fought to keep the investigating agency's name secret, but reversed course Friday and asked D.C. Superior Court Judge Judith Bartnoff to rescind her order. Bartnoff had ordered the records sealed, but they mistakenly remained available.

POM said in a statement that it never intended to provoke a First Amendment fight over the issue.

"POM is, and always has been, fervent supporters of and believers in the freedom of the press, and takes very seriously its commitment to transparency in all aspects of our business," the company said.

Its request to the judge came as news organizations filed legal papers in support of the law journal that said Bartnoff's order lacked "any conceivable justification" and should be reversed immediately.



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