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Supreme Court upholds 'partial-birth' abortion ban
Breaking Legal News | 2007/04/18 09:00

The US Supreme Court on Wednesday upheld the federal Partial Birth Abortion Ban Act of 2003. In Gonzales v. Carhart, the Court held that groups challenging the ban on "partial-birth" abortions "have not demonstrated that the Act, as a facial matter, is void for vagueness, or that it imposes an undue burden on a woman's right to abortion based on its overbreadth or lack of a health exception." Carhart was consolidated with Gonzales v. Planned Parenthood, and the Supreme Court reversed the federal appeals court decisions in both cases. Wednesday's 5-4 decision marks the first time the Court has upheld a complete ban on an abortion procedure. Read the Court's opinion per Justice Kennedy, along with a concurrence  from Justice Thomas, and a dissent from Justice Ginsburg. SCOTUSblog has more. AP has additional coverage.

In a second 5-4 decision handed down Wednesday, the Court held in James v. United States that attempted burglary, as defined by Florida law, qualifies as a "violent felony" under the Armed Career Criminal Act (ACCA). Under the ACCA, defendants may subjected to longer sentences if the defendant has three prior convictions for violent felonies or serious drug offenses. James unsuccessfully argued that his Florida conviction for attempted burglary did not qualify as a violent felony under the ACCA. The Supreme Court affirmed the Eleventh Circuit's decision in the case. Read the Court's opinion per Justice Alito, along with a dissent from Justice Scalia and a second dissent from Justice Thomas.



Court upholds right to sue under communications law
Breaking Legal News | 2007/04/17 09:46

The US Supreme Court handed down decisions in three cases Tuesday, including Watters v. Wachovia Bank, where the Court held that the National Bank Act and regulations promulgated by the Office of the Comptroller of the Currency preempt state laws regulating mortgage lending by national banks and their operating subsidiaries, affirming the Sixth Circuit's decision in the case. Read the Court's opinion per Justice Ginsburg, along with a dissent from Justice Stevens. Justice Thomas did not participate in this case.

In Global Crossing v. Metrophones, the Court held that Sections 201(b) and 207 of the Communications Act create a private right of action allowing a provider of payphone services to sue a long distance carrier for allegedly violating regulations governing compensation for coinless payphone calls. Metrophones sued Global Crossing, a long distance carrier, arguing that Global Crossing violated Federal Communications Commission (FCC) regulations by failing to compensate Metrophones for coinless payphone calls, a practice determined by the FCC to be "unjust and unreasonable." The Court upheld the Ninth Circuit's decision in the case, which also held that that Metrophones could pursue the lawsuit. The Supreme Court determined that the FCC's "unreasonable practice" determination was lawful, and that the language of relevant Communications Act provisions allow a party injured by violations of Section 201(b) to bring a federal action for damages. Read the Court's opinion per Justice Breyer, along with a dissent from Justice Scalia and a second dissent from Justice Thomas.

Finally, in Zuni Public School District No. 89 v. Dept. of Education, the Court held that the US Department of Education properly applied an equalization public school funding formula in determining that New Mexico "equalized expenditures" for public school districts and could therefore offset federal Impact Aid funding by reducing state aid to individual school districts. The Court determined that the Department of Education is permitted by statute to refer to the the number of students in a school district as well as the amount of per-student expenditure in a school district when determining whether a state "equalizes expenditures" among public school districts. Read the Court's opinion per Justice Breyer, along with a concurrence from Justice Stevens, a second concurrence from Justice Kennedy, a dissent from Justice Scalia, and a second dissent from Justice Souter.



Charter Communications Sues Law Firm in 2000 Deal
Breaking Legal News | 2007/04/16 08:41

Charter Communications is suing a Los Angeles-based law firm, claiming its malpractice cost the cable operator and its holding companies more than $150 million in a cable acquisition.

The suit, filed April 6 in U.S. District Court for the Central District of California in Santa Ana, claims St. Louis-based Charter's legal counsel in the deal ' Irell & Manella LLP ' erred in legal preparations for a transaction in which Charter holding companies acquired Bresnan Communications systems from the Bresnan family and investors that included AT&T.

Bresnan owners were to get units in a Charter holding company, which could later be converted to Charter Communications stock or cash.



Lawyer leaps to his death from Empire State Building
Breaking Legal News | 2007/04/14 17:53

A lawyer leaped to his death from a 69th-floor office at the Empire State Building Friday, causing temporary road closures in midtown Manhattan, local media reported. The incident became known when a passerby discovered a human leg on 33rd Street at about 3 p.m. local time. Police were called to the spot and discovered that the body had landed on a setback on the 30th floor of the building. Investigators questioned employees at Levine & Blit, a personal injury practice, and at Ashok Karmaker. Both law firms share a suite on the 69th floor where Kanovsky "did odds-and-ends work" for Karmaker.

It wasn't immediately clear what prompted Kanovsky's suicide.

"He was interviewing a client," said a man who works in the suite. "He just got up, opened the window and jumped."

According to news reports, more than 30 people have committed suicide by jumping from the 103-story building since the skyscraper opened in 1931.



Libby to Appeal Conviction in Leak Case
Breaking Legal News | 2007/04/14 17:51

Former US vice-presidential aide I. Lewis "Scooter" Libby, convicted in March of perjury and obstruction of justice, will be appealing the verdict according to documents filed in court Friday. Libby's defense team had previously planned to request a new trial, bids for which are rarely granted. Libby's appeal may focus on a decision by US District Judge Reggie B. Walton to allow prosecutors to present evidence to the jury that Libby's defense viewed as being prejudicial, such as White House briefing room videos which US Special Prosecutor Patrick Fitzgerald played to show Libby's eagerness to publicly conceal conversations he had with reporters about CIA official Valerie Plame.

Libby was convicted by a federal jury after 10 days of deliberation in a case that began January 23. Libby was convicted of two counts of perjury, one count of lying to the FBI and one count of obstruction of justice. He was acquitted on one count of lying to the FBI. Libby's sentencing is scheduled for June 5.



Shelton's attorney planned an appeal.
Breaking Legal News | 2007/04/14 13:48

Prosecutors in Louisiana are investigating Shelton in connection with the death of Justin James, 19, in October 2005. Coroner's officials ruled his death a homicide, saying he died of an overdose of cocaine, Xanax and morphine. Shelton was the last person with James.

Shelton's career at Manhattan Beach ended in 2003 after he accused former Chief Ernest Klevesahl and other officers of harassing him because he was gay. He later was arrested on drug prescription forgery charges in Long Beach and for trespassing with an 18-year-old man on a ranch in Moorpark.



Judge Approves CA Ex-CEO's $800M Restitution
Breaking Legal News | 2007/04/13 20:14

Former Computer Associates (CA) CEO Sanjay Kumar will pay almost $800 million in restitution over his lifetime for his role in the accounting fraud in which CA swapped revenues of $2.2 billion with another company in 1999 and 2000, according to a settlement approved Friday in the US District Court for the Eastern District of New York. Kumar, who pleaded guilty to charges of securities fraud and obstruction of justice in April 2006 and was sentenced to a 12-year prison sentence and an $8 million fine in November 2006, is required to sell personal property to pay $52 million of the total restitution amount by the end of 2008. Although the agreement does not mandate the liquidation of his family's home, it does require Kumar to turn over 20 percent of his annual income for the rest of his life.

Kumar, who has not served any prison time yet, also faces a lawsuit filed by CA seeking repayment of $14.9 million it fronted for Kumar's legal defense. The settlement comprises part of the over $1 billion in restitution due to victims of the CA revenue-swapping scheme.



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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, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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