|
|
|
Ginsburg endorses end to local judicial elections
Breaking Legal News |
2010/03/12 02:16
|
Supreme Court Justice Ruth Bader Ginsburg is endorsing an end to the election of judges at the state and local levels. Ginsburg was speaking Thursday at a conference of female judges, many who are elected. She approves of the campaign by her former colleague, retired Justice Sandra Day O'Connor, to end judicial elections and the vast sums of money spent on those campaigns. Ginsburg says that if there's one reform she would make, that would be it. |
|
|
|
|
|
Mass. court upholds state gun-lock requirement
Breaking Legal News |
2010/03/11 08:30
|
The highest court in Massachusetts on Wednesday upheld the constitutionality of a state law that requires gun owners to lock weapons in their homes in a ruling applauded by gun-control advocates. The case had been closely watched by both gun-control and gun-rights proponents. Massachusetts prosecutors argued that the law saves lives because it requires guns to be kept in a locked container or equipped with a trigger lock when not under the owner's control. The Second Amendment Foundation Inc., however, cited a 2008 U.S. Supreme Court ruling that said people have a constitutional right to keep weapons for self-defense. The state Supreme Judicial Court, ruling in the case of a man charged with improperly storing a hunting rifle in his Billerica home, unanimously agreed that the Second Amendment does not overrule the state's right to require owners to store guns safely. "We conclude that the legal obligation safely to secure firearms (in the Massachusetts law) is not unconstitutional ... and that the defendant may face prosecution on this count," Justice Ralph Gants wrote. The case involved Richard Runyan, whose mentally disabled son allegedly shot at a neighbor with a BB gun. The 18-year-old showed police where his father kept other guns, and the father was charged with improperly storing a hunting rifle under his bed. Middlesex District Attorney Gerry Leone, whose office prosecuted Runyan, praised the court's ruling. |
|
|
|
|
|
Supreme Court will hear case about vaccine side effects
Breaking Legal News |
2010/03/08 09:07
|
The Supreme Court will decide whether drug makers can be sued by parents who claim their children suffered serious health problems from vaccines. The justices on Monday agreed to hear an appeal from parents in Pittsburgh who want to sue Wyeth over the serious side effects their daughter, six months old at the time, allegedly suffered as a result of the company's diphtheria, tetanus and pertussis vaccine. The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled against Robalee and Russell Bruesewitz, saying a 1986 federal law bars their claims. That law set up a special vaccine court to handle disputes as part of its aim of insuring a stable vaccine supply by shielding companies from most lawsuits. Wyeth, now owned by Pfizer, Inc., prevailed at the appeals court but also joined in asking the court to hear the case, saying it presents an important and recurring legal issue that should be resolved. The Obama administration joined the parties in calling for high court review, although the government takes the side of the manufacturers. |
|
|
|
|
|
Federal judge allows Rumsfeld torture suit to proceed
Breaking Legal News |
2010/03/08 05:12
|
A judge for the US District Court for the Northern District of Illinois on Friday denied a motion to dismiss a torture suit brought against former defense secretary Donald Rumsfeld by two American citizens captured while working in Iraq. Judge Wayne Andersen dismissed two other counts but allowed the count alleging the plaintiffs were subject to cruel and degrading treatment methods during their detention.
The plaintiffs, Donald Vance and Nathan Ertel, were working for a private Iraqi security firm called Shield Group Security. There they witnessed suspicious activity that they reported to US authorities, but they were later arrested by US forces and detained without representation.
The plaintiffs brought a cause of action recognized in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics [opinion text] against Rumsfeld, claiming that he was personally responsible for the alleged unconstitutional treatment they faced while in detention. While allowing the suit seems in conflict with the recent decision in Ashcroft v. Iqbal, which extended heightened pleading requirements under Fed. R. Civ. P. 8(a)beyond antitrust cases, the judge wrote that Iqbal "requires vigilance on our part to ensure that claims which do not state a plausible claim for relief are not allowed to occupy the time of high-ranking government officials," but is not supposed to be a "categorical bar on claims against" them.
|
|
|
|
|
|
Court Blocks Separate Claims Against UBS on Madoff
Breaking Legal News |
2010/03/04 09:04
|
A Luxembourg court ruled on Thursday that investors who lost money to Bernard L. Madoff through a fund set up by UBS cannot seek compensation directly from the Swiss bank, Reuters reported. In November, private and institutional investors who lost money through the LuxAlpha fund, set up as a vehicle for wealthy investors to invest in Madoff funds, sued UBS and Ernst & Young for “seriously neglecting” their supervisory duties of the fund.
But the court rejected the demands of the investors, who wanted to file individual claims against the bank, rather than having to go through the fund’s liquidators, Reuters said. Franc Greff, who represents clients in four of the 10 cases being reviewed, told the news service he would appeal the decision.
|
|
|
|
|
|
Angry Mich. judge punishes tardy prospective juror
Breaking Legal News |
2010/03/03 09:57
|
A Michigan judge has ordered a stay-at-home mom to attend a murder trial and serve 24 hours in jail because she arrived late for jury selection. Carmela Khury was released Monday after a day and a half as a spectator in Oakland County Circuit court. The State Court Administrative Office told Judge Leo Bowman he had no authority to punish Khury and to drop the order or face sanctions. Khury appeared in court an hour late with her 8-month-old and 3-year-old children last Thursday, saying she could not find a baby sitter. Bowman dismissed her from the jury pool and ordered her to return Friday to watch the trial. He said she would have to spend 24 hours in jail after the case. Bowman declined to comment through his staff in suburban Detroit.
|
|
|
|
|
|
High court looks at reach of Second Amendment
Breaking Legal News |
2010/03/02 09:53
|
The Supreme Court appeared willing Tuesday to say that the Constitution's right to possess guns limits state and local regulation of firearms. But the justices also suggested that some gun control measures might not be affected. The court heard arguments in a case that challenges handgun bans in the Chicago area by asking the high court to extend to state and local jurisdictions the sweep of its 2008 decision striking down a gun ban in the federal enclave of Washington, D.C. The biggest questions before the court seemed to be how, rather than whether, to issue such a ruling and whether some regulation of firearms could survive. On the latter point, Justice Antonin Scalia said the majority opinion he wrote in the 2008 case "said as much." The extent of gun rights are "still going to be subject to the political process," said Chief Justice John Roberts, who was in the majority in 2008. At the very least, Tuesday's argument suggested that courts could be very busy in the years ahead determining precisely which gun laws are allowed under the Second Amendment's "right to keep and bear arms," and which must be stricken. James Feldman, a Washington-based lawyer representing Chicago, urged the court to reject the challenges to the gun laws in Chicago and its suburb of Oak Park, Ill. Handguns have been banned in those two places for nearly 30 years. The court has held that most of the rest of the Bill of Rights applies to state and local laws. But Feldman said the Second Amendment should be treated differently because guns are different. "Firearms are designed to injure and kill," he said.
|
|
|
|
|
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. |
Law Firm Directory
|
|