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Family sues radio station over Wii death
Breaking Legal News | 2007/01/19 05:24

The family of a California woman who died after participating in a radio station's water-drinking contest to win a Nintendo Wii will sue the station, their lawyer said on Thursday.

Jennifer Strange, 28, a mother of three, died from suspected water intoxication after taking part in last Friday's competition, 'Hold Your Wee for a Wii'. About 20 people tried to out-drink each other without going to the toilet.

Sacramento station KDND-FM responded by sacking ten members of staff, including several DJs, and cancelling the 'Morning Rave' programme. The DJs had joked about people dying from water intoxication and teased Strange about her distended stomach.

"The station knew this was a dangerous and potentially deadly stunt, but flippantly dismissed the dangers," lawyer Roger Dreyer said in a statement. "Hearing the tape [of the radio show], it's very clear they knew of the dangers and could foresee that this could lead to Jennifer's death."

The station could not be reached for comment because its phone number was continuously engaged on Thursday evening.

Police are also investigating the death for possible criminal charges.

An excess of water in the body can lead to the dilution of vital fluids. That in turn can lead to swelling of the brain, seizures, comas, an irregular heartbeat and in some cases death.



Supreme Court allows deportation for aiding car theft
Breaking Legal News | 2007/01/18 11:52
The US Supreme Court ruled Wednesday that an alien convicted for aiding and abetting a theft offense can be deported under the Immigration and Nationality Act (INA). In Gonzales v. Duenas-Alvarez, Luis Alexander Duenas-Alvarez, a legal permanent resident, pleaded guilty to the unlawful driving or taking of a vehicle in violation of California law - Cal. Veh. Code Ann. §10851(a) - and the Department of Homeland Security took steps to remove him from the country under the INA, specifically under 8 USC §1101(a)(43)(G). The immigration judge hearing the case and the Board of Immigration Appeals dismissed Duenas-Alvarez's appeal, but the US Court of Appeals for the Ninth Circuit disagreed in light of its recent decision in Penuliar v. Ashcroft, where the Ninth Circuit held that violating §10851(a) of the California Vehicle Code is not a theft offense under the INA.


Bush urged Congress to pass the Nondiscrimination Act
Breaking Legal News | 2007/01/18 04:57

President Bush Wednesday urged Congress to pass the Genetic Information Nondiscrimination Act of 2007, promoting genetic testing for disease by making genetic discrimination illegal. In a speech at the National Institutes of Health, Bush said "If a person is willing to share his or her genetic information, it is important that that information not be exploited in improper ways - and Congress can pass good legislation to prevent that from happening. In other words, we want medical research to go forward without an individual fearing of personal discrimination."

Genetic nondiscrimination legislation was passed unanimously by the Senate in 2003 but failed in the House of Representatives. Representative Louise Slaughter (D-NY) reintroduced the latest bill this week. If passed, it will establish "a national and uniform basic standard is necessary to fully protect the public from discrimination and allay their concerns about the potential for discrimination, thereby allowing individuals to take advantage of genetic testing , technologies, research, and new therapies."



N.J. appeals court reinstates Vioxx lawsuit
Breaking Legal News | 2007/01/17 16:34

A New Jersey appeals court has revived a lawsuit that sought to force drugmaker Merck & Co. Inc. to fund a medical monitoring program for patients who took the painkiller Vioxx. The state appellate court ruled on Tuesday that N.J. Superior Court Judge Carol Higbee's decision to dismiss the lawsuit was premature and failed to give the plaintiffs the opportunity to prove legally accepted claims.
 
The appeals court said in a 26-page opinion that it was not expressing an opinion on the ultimate viability of the lawsuit. Plaintiffs in the case sought a court-administered medical screening program, funded by Merck (Charts), that would provide medical and diagnostic tests for each member of the class to detect potential heart problems arising from exposure to Vioxx.

"There is no medical science supporting the plaintiffs' position that they need to be monitored for cardiovascular conditions two years after Vioxx was voluntarily taken off the market," Merck attorney Ted Mayer said in an e-mailed statement.



Top Manhattan law firm in gay lawsuit
Breaking Legal News | 2007/01/17 13:37

One of New York's most prestigious law firms is being sued for discrimination on the grounds of sexual orientation by one of their own lawyers.

28-year-old associate Aaron B Charney says in his suit that senior colleagues subjected him to "lewd and illegal conduct," The New York Times reports.

Sullivan & Cromwell, founded in 1879, is one of America's best known - and profitable - law firms.

It is particularly reknowned for its work on mergers and acquisitions, and it is this department that is the focus of the lawsuit.

While secretarial and other staff have sued law firms in the past for harassment, as an associate lawyer in his fourth year at the firm, Mr Charney is an unusual claimant.

The legal action could have a negative impact on his future career.

"The day I derailed my career was the day I complained about the discrimination," he told the Times.

He added that he will be representing himself in court as no other lawyer is willing to take on Sullivan & Cromwell.

Mr Charney wants a jury trial and is asking for undisclosed damages.

He alleges that he was the victim of discrimination and retaliation.

A senior colleague accused him of having a sexual relationship with a fellow employee and demanded he be fired. Mr Charney denies the relationship was sexual.

His boss also alluded to the alleged relationship, telling Mr Charney to put an end to it. He also alleges he was subject to sexually suggestive behaviour by partners.

The chairman of Sullivan & Maxwell released an email statement to The New York Times denying the accusations.



Supreme Court hears arguments in insurance
Breaking Legal News | 2007/01/16 21:02
The US Supreme Court heard oral arguments Tuesday in the consolidated cases of Safeco Insurance v. Burr and GEICO General Insurance v. Edo, 06-00084 and 06-00100, cases in which plaintiffs claim the insurance companies GEICO and Safeco  breached the dictates of the Fair Credit Reporting Act when they failed to notify customers that poor credit reports were the reason they had been denied favorable rate coverage. The case is on appeal from the US Ninth Circuit Court of Appeals which held in January 2006 that the requisite state of mind the plaintiffs must prove to establish a violation of the act is reckless disregard, while defendants urged the standard of knowledge would be more appropriate. Justice Samuel Alito indicated at argument that he did not favor the notification requirements urged by plaintiffs.


Jury selection begins in Libby CIA leak trial
Breaking Legal News | 2007/01/16 02:00
Jury selection begins Tuesday in the CIA leak trial of former vice presidential aide I. Lewis "Scooter" Libby and attorneys for both sides plan to ask potential jurors questions about their political affiliations. US District Judge Reggie Walton approved a final list of questions proposed by attorneys that will be asked of the group of 60 potential jurors over the next few days. Special Prosecutor Patrick Fitzgerald also hopes to ask jurors what news sources they read, while defense attorneys plan to ask how the jurors feel about the war in Iraq and whether they believe the Bush administration lied to the American public about the reasons for going to war.


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