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Court bars release of 17 Uighurs detainees into US
Breaking Legal News | 2009/02/20 01:14
A federal appeals court on Wednesday ruled that 17 Turkic Muslims cleared for release from Guantanamo Bay must stay at the prison camp, raising the stakes for an Obama administration that has pledged to quickly close the facility and free those who have not been charged.


In a showdown over presidential power, the U.S. Court of Appeals for the D.C. Circuit said a judge went too far last October in ordering the U.S. entry of the 17 men, known as Uighurs (WEE'-gurz), over the objections of the Bush administration.

The three-judge panel suggested the detainees might be able to seek entry by applying to the Homeland Security Department, which administers U.S. immigration laws. But the court bluntly concluded the detainees otherwise had no constitutional right to immediate freedom after being held in custody at the facility at Guantanamo Bay, Cuba, without charges for nearly seven years.

"Such sentiments, however high-minded, do not represent a legal basis for upsetting settled law and overriding the prerogatives of the political branches," wrote Judge A. Raymond Randolph, an appointee of President George H.W. Bush.



TiVo, EchoStar return to court over patent fight
Intellectual Property | 2009/02/18 08:37

Digital video recorder maker TiVo Inc and EchoStar Corp return to a Texas court on Tuesday in the latest round of a longstanding fight over a television recording technology patent.

The legal dispute dates back to 2004, when TiVo charged that satellite TV provider EchoStar Communications Corp's Dish network system violated TiVo's patent for "Time Warp" software, which allows users to record one TV program while watching another.

The court ruled in TiVo's favor in 2006, and Dish (DISH.O) and EchoStar Corp last year paid $104 million in damages after the U.S. Supreme Court denied Dish's appeal of the ruling.

Following the ruling, EchoStar continued to distribute its digital video recorders, and collect subscription fees for the DVRs, which had replaced the software with a "work-around" that it claimed did not infringe on TiVo's patented technology.

Arguments are expected to take place Tuesday and Wednesday in U.S. District Court in Texarkana, Texas, before Judge David Folsom. He will consider whether TiVo can prove EchoStar's new DVR software further infringed on TiVo's patent, and therefore owes TiVo more damages.

Analyst Spencer Wang of Credit Suisse said that a ruling in TiVo's favor, which could take months to come, could be rough for Dish, since the work-around software is deployed on the vast majority of its millions of DVRs.



Appeals court upholds NYC's calories-on-menus rule
Breaking Legal News | 2009/02/18 08:35
A federal appeals court has upheld New York City's regulation requiring some chain restaurants to post calories on menus and menu boards.


A 2nd U.S. Circuit Court of Appeals panel on Tuesday rejected an appeal filed by a New York trade group representing 7,000 restaurants. It said the rule the city began enforcing last July is a reasonable attempt to curb obesity.

The panel rejected the New York State Restaurant Association's arguments that federal law gives restaurants discretion on whether to present nutritional information.

The new rule applies to restaurants that are part of chains with at least 15 outlets across the country.

The city and restaurant association didn't immediately comment on the ruling.



Stimulus highlights stakes of Minnesota recount
Court Watch | 2009/02/18 03:35
Neither side is giving an inch in Minnesota's protracted Senate election fight, and the tiny margin used to secure the newly passed economic stimulus package is a vivid reminder of why.


Supporters of both Democrat Al Franken and Republican Norm Coleman see a winner influencing the balance of power in the Senate, even as the Democrats already firmly hold the chamber.

"The 59th vote in the Senate is very valuable, and that's obvious now," said Kathryn Pearson, an assistant professor of political science at the University of Minnesota. "It's valuable for Democrats to add a vote, and it would be very valuable to Republicans to deny that vote."

For Democrats, the absence of Franken's vote has already made passing legislation more of a challenge. The $787 billion stimulus bill squeezed through the Senate late Friday night on the vote of Sen. Sherrod Brown, D-Ohio, who was flown back to Washington on a government plane from his home state, where he was mourning the death of his mother. Democratic Sen. Edward M. Kennedy of Massachusetts, who is suffering from a brain tumor, could not attend the vote.



Wis. Supreme Court tosses suit against Medtronic
Breaking Legal News | 2009/02/17 08:19

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.



Clark County District Court going paperless
Legal Business | 2009/02/17 08:18
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.



2 Pa. judges sued in kickback scheme
Legal Business | 2009/02/13 08:34
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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