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China gymnast's US lawsuit risks tainting image
Breaking Legal News |
2011/05/12 08:47
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Thirteen years after a training accident left her paralyzed and ended her career as a world-class gymnast, China's Sang Lan has filed a lawsuit in the United States, one that threatens to tarnish her carefully maintained reputation for resilience at home. The $1.8-billion suit targets everyone — from Ted Turner, who founded the Goodwill Games where the accident happened in 1998 in New York, to the former AOL Time Warner Inc. media company, which owned the games, to USA Gymnastics, which supported the event, to the couple who were her guardians in New York. It says they broke promises to care for Sang, then 17 and paralyzed from the chest down ever since. The suit is an unexpected turn for Sang, whose sweet smile and upbeat nature earned her many supporters in China and who became a symbol of determination and courage in the face of a devastating injury. Returning home in 1999, she received a hero's welcome, with officials calling her "the pride of all Chinese." Since then, she has used her fame to advocate for the disabled. Sang says her public image and the lawsuit are separate affairs, and she thinks it's more important to set the record straight about the circumstances surrounding her fall. "At that time, people said that Sang Lan herself lost control and made the mistake that caused her to fall," Sang, now 29, said during an interview Wednesday in her two-bedroom apartment in northeast Beijing, where Beijing Olympics memorabilia decorate the shelves. She says she fell because she was distracted by someone who moved a mat while she was in mid-air. |
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Calif Supreme Court lifts tobacco suit deadlines
Breaking Legal News |
2011/05/06 04:33
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The California Supreme Court has lifted legal deadlines for smokers who later develop diseases like lung cancer.
Lawyers who filed the lawsuit say Thursday's unanimous ruling in San Francisco will likely allow new smoker suits to be filed against the tobacco industry and keep alive lawsuits that may have been thrown out because of expired legal deadlines.
The case before the court involved former smoker Nikki Pooshs, who was diagnosed in 1989 with smoking-related chronic obstructive pulmonary disease in 1989 and a couple of years later with periodontal disease.
But Pooshs didn't sue the tobacco industry until she was diagnosed with lung cancer in 2003.
Cigarette makers argued the suit should be dismissed because California law gives people two years to file suit after discovery of an injury.
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States ask US court to overturn health overhaul
Breaking Legal News |
2011/05/05 09:31
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More than two dozen states challenging the health care overhaul urged a U.S. appeals court on Wednesday to strike down the Obama administration's landmark law, arguing it far exceeds the federal government's powers.
The motion, filed on behalf of 26 states, urges the 11th Circuit Court of Appeals in Atlanta to uphold a Florida federal judge's ruling that the overhaul's core requirement is unconstitutional. The judge, U.S. District Judge Roger Vinson, said Congress cannot require nearly all Americans to carry health insurance.
Allowing the law to go forward, the states argued in the 69-page filing, would set a troubling precedent that "would imperil individual liberty, render Congress's other enumerated powers superfluous, and allow Congress to usurp the general police power reserved to the states."
So far, three federal judges, all Democratic appointees, have upheld the law. Vinson and the Virginia judge, both Republicans appointees, ruled against it. It seems certain that the broad health care challenge will be resolved only by the nation's top court, and Vinson suggested in a March ruling that the "Supreme Court may eventually be split on this issue as well."
The filing comes about a month after the Justice Department formally appealed Vinson's ruling, arguing that Congress had the power to require most people to buy health insurance or face tax penalties because Congress has the authority to regulate interstate business.
The legal wrangling started when the states filed a lawsuit last year. Vinson agreed in a Jan. 31 ruling that said the entire health care overhaul passed by the then-Democratic-controlled Congress and signed by President Barack Obama is unconstitutional. It is considered the most sweeping ruling against the health care law. |
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Supreme Court to hear another arbitration argument
Breaking Legal News |
2011/05/02 09:05
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The Supreme Court will consider a plea from companies that cater to people with bad credit to keep disputes with their customers out of court and in the more business-friendly forum of arbitration.
Days after handing businesses a huge victory by limiting class action claims against them, the court said Monday it will take up a new arbitration dispute in the fall.
The new case involves consumer complaints about companies that issue low-rate credit cards to people with bad credit ratings. The consumers said they were promised an initial $300 in available credit, but were charged $257 in fees in the first year they had the credit card.
The consumers sued in federal court, but the companies say the dispute must be handled by an arbitrator, under an agreement the customers signed to receive the card.
The federal Credit Repair Organizations Act, signed by President Bill Clinton in 1996, says consumers have a right to sue, which the federal appeals court in San Francisco interpreted as a right to go into court, rather than be forced to submit to arbitration. Appeals courts in Atlanta and Philadelphia have ruled otherwise in evaluating the same language in the law.
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Decisions for Daniels as he weighs White House bid
Breaking Legal News |
2011/04/27 09:19
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As Mitch Daniels, the Republican governor of Indiana who last year called for a "truce on the so-called social issues," approaches his deadline for deciding whether to run for president, state lawmakers have put on his desk a pair of showcase conservative ideas.
In the final days of the state's legislative session, lawmakers approved plans to create the nation's broadest private school voucher system and make Indiana the first state to cut off all government funding for Planned Parenthood.
Daniels has pushed the voucher program, but the Planned Parenthood measure could present a political predicament for him as he nears a decision on whether he will run for president.
The governor has said it's a decision he'll make after lawmakers adjourn for the year, but he told The Indianapolis Star Thursday that he would not have an announcement this weekend even though the legislative session ends Friday. Spokeswoman Jane Jankowski confirmed Daniels' comments to The Associated Press but said he was unavailable for comment.
The Indiana House approved both ideas Wednesday, sending them to Daniels to decide what to do next.
The Planned Parenthood measure is a significant victory for the anti-abortion movement and would cut the $3 million in federal money the state distributes to the Planned Parenthood organization for family planning and health programs. It also ban abortions after the 20th week of pregnancy unless there is a substantial threat to the woman's life or health and requires women seeking an abortion be told that life begins at conception and that doctors performing abortions have admitting privileges in a nearby hospital.
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Court close to seating Blagojevich jury
Breaking Legal News |
2011/04/25 09:19
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Jury selection in the retrial of former Illinois Gov. Rod Blagojevich is entering the home stretch after dragging on for longer than expected.
Thursday should be the last day of questioning of would-be jurors by U.S. District Judge James Zagel. He told attorneys Wednesday that opening arguments would take place Monday.
After a week of jury selection, 42 people are in the pool of potential jurors. Zagel says he only needs a few more before picking the final 12 jurors and six alternates.
One person the judge agreed to dismiss was a woman who had tickets to "The Oprah Winfrey Show." She had worried jury duty would force her to miss it.
Another person bumped was a school teacher who the judge said displayed "terrible grammar" in his questionnaire. |
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Treasury risks overpaying law firms
Breaking Legal News |
2011/04/16 09:51
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The Treasury Department paid out more than $27 million to law firms overseeing the financial bailouts without requiring detailed bills or questioning the incomplete records that the lawyers provided, a government watchdog says.
Treasury's "current contracts and fee bill review practices create an unacceptable risk that Treasury, and therefore the American taxpayer, is overpaying for legal services," the Special Inspector General for the Troubled Asset Relief Program said in a report issued Thursday.
Treasury could not have adequately gauged whether the fees were reasonable because the records are so sparse, the report says.
The report criticizes so-called "block billing," in which law firms submit "vague and inadequate descriptions of work, and administrative charges — all of which should have been questioned before payment," the report says.
Treasury staff failed to question the charges for work that was described vaguely, the report says.
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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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