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Wis. Supreme Court tosses suit against Medtronic
Breaking Legal News |
2009/02/17 08:19
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The Wisconsin Supreme Court says patients cannot sue the makers of defective medical devices if they are approved for sale by federal regulators.
The court ruled against a man who had a defibrillator implanted and then removed after the manufacturer, Medtronic, Inc., warned its battery had a chance of failing. The device had been approved for sale by the U.S. Food and Drug Administration and was never recalled. Joseph Blunt, Sr. of St. Francis filed a lawsuit against the company alleging negligence and other claims after he had surgery to remove the device.
The court says the lawsuit is barred by a federal law and by a U.S. Supreme Court decision last year that threw out a similar case against Minneapolis-based Medtronic.
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Clark County District Court going paperless
Legal Business |
2009/02/17 08:18
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Clark County District Court plans to stop keeping paper documents in civil cases, instead scanning them and processing them electronically.
The plan is expected to eventually extend to criminal cases as part of a plan to make the court more accessible and efficient.
Former court executive Chuck Short says the idea is to develop a virtual court. The county gave the court system $8.1 million in 2005 to help develop its paperless system. Court officials that right now, about 11 percent of documents handled by the court clerk's office are filed without using paper. The court hopes that eventually, everything will be filed electronically. The new system is also expected to open up space in the case file room at the Regional Justice Center. |
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2 Pa. judges sued in kickback scheme
Legal Business |
2009/02/13 08:34
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A lawsuit has been filed against two Pennsylvania judges accused of taking more than $2 million in kickbacks to send youth offenders to privately run detention centers.
The suit names Luzerne County Judges Mark Ciavarella and Michael Conahan and 14 other defendants. It was filed in federal court late Thursday on behalf of hundreds of children and their families who were alleged victims of the corruption.
"At the hands of two grossly corrupt judges and several conspirators, hundreds of Pennsylvania children, their families and loved ones, were victimized and their civil rights violated," plaintiffs' attorney Michael Cefalo said in a statement Friday. Prosecutors allege Ciavarella and Conahan took $2.6 million in payoffs to put juvenile offenders in lockups run by PA Child Care LLC and a sister company, possibly tainting the convictions of thousands of juvenile offenders. The judges pleaded guilty to fraud in federal court in Scranton on Thursday. Their plea agreements call for sentences of more than seven years in prison. "It's our intent to make sure that the system rights this terrible injustice and holds those responsible accountable," Cefalo said. An attorney for Conahan said he hadn't seen the suit and declined comment. Ciavarella's lawyer didn't immediately return a phone message. The lead plaintiff is Florence Wallace, whose 14-year-old daughter Bernadine was charged with terroristic threats after getting into an argument on MySpace. The lawsuit said the teenager was not advised of her right to an attorney and was pressured to plead guilty. She was taken from Ciavarella's courtroom in shackles and spent time in PA Child Care and at a youth wilderness camp. |
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Jury deliberating in Fla. tobacco trial
Court Watch |
2009/02/13 08:33
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A jury is deliberating a key phase in the first of 8,000 Florida lawsuits blaming health problems and deaths on tobacco companies.
The six-person Broward County jury must decide whether Stuart Hess was addicted to cigarette nicotine before he got lung cancer and died. If so, the jury would later decide any damages against the Philip Morris tobacco company.
The lawsuit by widow Elaine Hess is the first to go to trial since the Florida Supreme Court in 2006 threw out a $145 billion class-action jury award, ruling that each case had to be proven individually. Hess' lawyers said Thursday he was hopelessly addicted to nicotine. The lawyer for Philip Morris said Hess chose not to quit despite known health risks. |
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GOP takes e-mail case to NJ court
Political and Legal |
2009/02/13 08:32
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Republican Party officials in New Jersey have asked the state's highest court to consider whether Gov. Jon Corzine should be forced to release e-mails he exchanged with the union leader he once dated.
Party spokesman Todd Riffle said papers were filed late Wednesday asking the state Supreme Court to hear the case.
GOP leader Tom Wilson hopes to get the court to order the Democratic governor to release the e-mails he and his staff exchanged with Carla Katz. Corzine dated Katz, the leader of the state's largest state worker union, before he became governor. Wilson argues that the public has the right to see the e-mails Corzine and his staff exchanged with Katz during the 2007 labor talks to ensure no backdoor negotiations took place. "The public has the right to judge for themselves whether Corzine's conduct was appropriate," Wilson said in a statement Thursday. "To do so, they need to see the e-mails and look at Corzine's actions on this contract." Corzine and Katz were involved in the negotiations, though neither were principal negotiators. Corzine has said the two did not discuss the contract. Katz, in court papers, however, argued that the e-mails should remain private because they involve contract talks, which are exempt from Open Public Records Act requests. An appellate court ruled unanimously last month that Corzine's e-mails could stay private. That decision overturned a trial court ruling ordering the e-mails released. The Appeals Court said the governor's electronic correspondence was protected by executive privilege, a legal principle that allows members of the executive branch of government to keep certain communications confidential in order to govern effectively. |
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La. hotel chain doesn't owe foreign workers
Law Center |
2009/02/13 06:35
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A federal appeals court has ruled a Louisiana hotel chain wasn't obligated to cover the relocation expenses incurred by immigrant workers recruited to work in New Orleans after Hurricane Katrina.
The 5th Circuit Court of Appeals on Wednesday dismissed a lawsuit accusing Decatur Hotels of exploiting foreign workers it hired after the August 2005 storm scattered many of its employees.
The suit claims Decatur Hotels violated the Fair Labor Standards Act when it refused to reimburse foreign workers for recruitment, transportation and visa expenses. Decatur's foreign workers spent up to $5,000 apiece to relocate to New Orleans. A three-judge panel concluded the law doesn't require an employer to cover any of those expenses. |
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Grand jury: Miss. athlete's gunshot death accident
Criminal Law |
2009/02/13 04:33
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A Mississippi grand jury has ruled that the shooting death of a star high school football player during a traffic stop was accidental.
The ruling Thursday tracks the conclusion of the initial investigation that Billey Joe Johnson had shot himself with a 12-gauge shotgun.
The 17-year-old's death has inflamed suspicion since Dec. 8. That's when the standout running back at George County High School was killed after a deputy stopped him for running a red light. Johnson's family and the NAACP had rejected suicide as the cause of the death. They have said he had too much to live for including a shot at playing in the NFL. THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below. LUCEDALE, Miss. (AP) — A Mississippi grand jury is expected to release its report on the shooting death of a star high school football player during a traffic stop. An initial investigation concluded that Billey Joe Johnson had shot and killed himself with a 12-gauge shotgun. The 17-year-old's death has inflamed suspicion since Dec. 8. That's when the standout running back at George County High School was killed after a deputy stopped him for running a red light. Assistant District Attorney Brice Wiggins says the grand jury's report is expected at a hearing Thursday afternoon in George County Circuit Court in Lucedale. Johnson's family and the NAACP have rejected suicide as the cause of the death. They say he had too much to live for including a shot at playing in the NFL. |
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