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Congress passes expansion of disability law
Breaking Legal News | 2008/09/18 09:20
Someone who takes medication to control epilepsy or diabetes could end up in a situation where he or she is no longer eligible for protection under the Americans With Disabilities Act.

It's a "terrible Catch-22," House Education and Labor Committee Chairman George Miller, D-Calif., said Wednesday as the House passed, and sent to the White House, legislation aimed at assuring that the ADA lives up to its promise of protecting the disabled from discrimination.

White House press secretary Dana Perino said the president looks forward to signing the legislation.

The 1990 law is widely regarded as one of the major features of civil rights legislation in the 20th century because it ensured that the disabled have access to public buildings and accommodations, thus giving them better access to the workforce. But the Supreme Court has generally exempted from the law's anti-discrimination protections those with partial physical disabilities or impairments that can be treated with medication or devices such as hearing aids.



House votes to ease DC gun restrictions
Breaking Legal News | 2008/09/17 10:01
The pro-gun majority in the House moved Wednesday to compel the nation's capital to broaden the rights of its residents to buy and own firearms, including semiautomatic weapons.

Critics, led by the District of Columbia's sole delegate to Congress, decried the action. They said the vote tramples on the District's right to govern itself and could endanger both residents and political dignitaries who often travel across the city.

But the National Rifle Association-backed bill passed easily, 266-152, with supporters saying they were determined to give D.C. residents the same Second Amendment right of self-defense that has been available to other Americans.

Many of those speaking for the bill in debate that went well into the night Tuesday were conservative Democrats from rural districts who strongly support gun rights. Eighty-five Democrats voted for the bill.

"Number one, I'm a pro-gun Democrat," said Rep. Mike Ross, D-Ark. "Number 2, if the government of the District of Columbia can take your guns away from you in our nation's capital, Prescott, Arkansas, and many other small towns across the country could be next."

The legislation is unlikely to be taken up in the Senate in the few remaining weeks of this session, but it served both to give lawmakers a pro-gun vote shortly before the election and to demonstrate the NRA's continuing political clout.



Defense says O.J. middleman may testify Tuesday
Breaking Legal News | 2008/09/16 08:58
Lawyers for O.J. Simpson were expecting to take another crack at cross-examining an alleged robbery-kidnapping victim after his first time on the stand was cut short by illness.

On Tuesday, the court expected to call Bruce Fromong again and perhaps several other witnesses who could set the stage for the jury to hear from Thomas Riccio, the colorful collectibles broker who arranged a hotel room meeting between Simpson and memorabilia peddlers Fromong and Alfred Beardsley a year ago when the pair said they were robbed at gunpoint.

"Obviously the prosecution may change witness order a little bit, but I would expect Tom Riccio tomorrow or Wednesday," Simpson defense attorney Yale Galanter said.

Fromong, 54, became "lightheaded, dizzy and started to sweat," according to his lawyer, Louis Schneider, before Clark County District Court Judge Jackie Glass sent the jury out of the room and suspended his testimony.

Fromong has had four heart attacks in the past year, said Schneider, who described his client as "medically fragile." Paramedics examined Fromong in the courthouse hallway, but left without taking him to a hospital.

The break interrupted a pointed cross-examination by Simpson lawyer Gabriel Grasso, who bored in after Fromong said for the first time that he heard "somebody in the room saying, 'put the gun down.'"



Reputed Miss. Klansman may soon walk out of prison
Breaking Legal News | 2008/09/11 05:24
Attorneys said Wednesday they are working to free a reputed Ku Klux Klansman after a federal appeals court overturned the three life sentences he was serving for the 1964 abduction of two black teenagers who died after being beaten and thrown in the Mississippi River.

James Ford Seale, 73, had spent just over a year in prison after being convicted in June 2007 on kidnapping and conspiracy charges related to the abductions of Charles Eddie Moore and Henry Hezekiah Dee.

Authorities said the two 19-year-old friends were beaten by Klansmen and thrown, possibly still alive, into a muddy backwater of the Mississippi River amid rumors that black residents were planning an uprising.

A three-judge panel of the 5th U.S. Circuit Court of Appeals found late Tuesday that the statute of limitations for kidnapping had expired in the four decades between Seale's alleged crime and the federal charges.

Seale was charged after Moore's brother, who was working on a film about the killings, found him in south Mississippi in 2005. The case, which took a backseat to the high-profile search for three civil rights workers who also disappeared in Mississippi that summer, had been cold for years. Many thought Seale was dead.

Thomas Moore said Wednesday he believes the conviction was overturned on a technicality.

"He is not innocent. The community knows it. The world knows it," Moore said. "We are just in the third inning of a nine-inning ball game ... It's not over with."

Matt Steffey, a professor at the Mississippi College School of Law, said federal prosecutors could ask the full appeals court to review the ruling, but it's unlikely the unanimous decision would be overturned.



US appeals court OKs Facenda suit against NFL
Breaking Legal News | 2008/09/10 08:28
A U.S. appeals court says the son of legendary football announcer John Facenda can sue NFL Films over the use of his father's voice.

The suit stems from the brief use of his late father's voice in a show about a John Madden video game. Facenda's contract barred commercial use of his deep, solemn voice for product endorsements.

The NFL contends the show was an artistic endeavor. But the three-judge panel ruled Tuesday the show is clearly a commercial. The program aired on the NFL Network just before the game's release.

The suit by John "Jack" Facenda Jr. now appears headed to trial unless the NFL pursues further appeals.



LA County puts taco truck battle on front burner
Breaking Legal News | 2008/09/09 06:14
Southern California's taco truck war continued to sizzle as county officials asked a judge to reinstate a law he threw out last month that had forced truck operators to move every hour or face the threat of jail.

County officials say the trucks, many of which have become the equivalent of neighborhood restaurants, are a nuisance, parking at the same spot every day and bringing in noise and traffic. Operators respond that they meet the same health standards as restaurants and are being unfairly targeted because of organized political pressure from restaurateurs.

At stake is unfettered access to cheap, to-go Mexican food like carnitas, quesadillas and carne asada tacos that are cooked to order and served from literally thousands of elaborate restaurant-trucks that dot the business streets in unincorporated areas of Los Angeles County, particularly in largely Hispanic East Los Angeles, where trucks can be found on almost every block.

"All there is to say right now is that we have filed a motion for reconsideration, requesting that the court reconsider its previous ruling," said Deputy District Attorney Steven Gates. He declined to discuss the basis of Monday's appeal but said the county requested a hearing Sept. 19.



Court refuses to dismiss Pa. pathologist's charges
Breaking Legal News | 2008/09/08 08:47
A federal appeals court Friday refused to dismiss fraud and theft charges against celebrity pathologist Cyril Wecht and said he can be tried again — but ordered the judge replaced to help ease the "rancor in the courtroom."

The judge at Wecht's first trial did not follow proper procedure in declaring a mistrial after jurors said they couldn't unanimously agree on a verdict, but that wasn't enough to dismiss the 41 counts against him, the appeals court ruled.

Wecht, 77, has earned millions investigating deaths, including those of JonBenet Ramsey, Elvis Presley and Vince Foster.

He was accused of using his former Allegheny County coroner's staff to benefit his private business and trading unclaimed county morgue cadavers for office and lab space at a university where he taught. Wecht was also charged with mail fraud for allegedly overbilling his private clients for bogus travel expenses.

His first trial lasted seven weeks and jurors deliberated for more than 50 hours before telling U.S. District Judge Arthur Schwab on April 8 that they were "essentially deadlocked." Schwab then declared a mistrial.



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