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NY top court won't open nursing homes to lawyers
Breaking Legal News | 2010/04/05 08:05
New York's top court is refusing to order nursing homes to give state lawyers access to hundreds of psychiatric patients so they can advocate for alternative treatments, living conditions or even release.

The Court of Appeals, divided 4-3, says the New York's Office of Mental Health decided not to license the nursing homes. Therefore lawyers for the Mental Hygiene Legal Service lack jurisdiction.

State mental institutions began discharging patients in 1996 to nursing homes for continued but lower-level care.

The MHLS was established to guard the rights of the mentally disabled in institutions. It sought access to all those patients. The nursing homes said no, citing privacy rights.



Court won't hear appeal from Lupe Fiasco mentor
Breaking Legal News | 2010/04/05 07:50
The Supreme Court won't hear an appeal from rap artist Lupe Fiasco's mentor, who was convicted on drug charges despite complaints that his jurors weren't asked whether they had any biases against firearms.

The high court on Monday refused to hear an appeal from Charles Patton, who was convicted and sentenced to 44 years in prison on drug charges. He appealed his conviction, saying that jurors weren't questioned by his trial judge on whether they had any bias against firearms. Patton had a loaded firearm when he was arrested.

The Illinois Appellate Court threw out the appeal, saying the judge did not have to ask about potential firearm bias on his own.



Court Requires Warning About Deportation Risk
Breaking Legal News | 2010/04/01 09:50

The Supreme Court ruled on Wednesday that lawyers for people thinking of pleading guilty to a crime must advise their clients who are not citizens about the possibility that they will be deported.

Likening deportation to the punishments of banishment and exile, Justice John Paul Stevens, writing for five justices, said the Constitution guaranteed competent legal advice on at least some collateral consequences of guilty pleas.

“It is our responsibility under the Constitution to ensure that no criminal defendant — whether a citizen or not — is left to the mercies of incompetent counsel,” Justice Stevens wrote.

The vote was 7 to 2, though two justices in the majority would have required only that criminal defense lawyers not say anything false and tell their clients to consult an immigration lawyer if they had questions.

The case involved Jose Padilla, a native of Honduras who has lived in the United States for 40 years, served in the Vietnam War and is a legal permanent resident. Mr. Padilla, a commercial truck driver, was arrested in 2001 after the authorities in Kentucky found more than 1,000 pounds of marijuana in his truck.

Mr. Padilla pleaded guilty to marijuana trafficking, a felony, and received a five-year sentence. He later said he had agreed to the plea based on his lawyer’s incorrect advice that it would not affect his immigration status. In fact, the plea made it all but certain that Mr. Padilla would be deported once he served his time.

The question in the case, Padilla v. Kentucky, No. 08-651, was whether bad legal advice about a collateral consequence of a guilty plea could amount to ineffective assistance of counsel under the Sixth Amendment.



High court restricts whistleblower lawsuits
Breaking Legal News | 2010/03/31 07:03
The Supreme Court on Tuesday placed limits on existing whistleblower lawsuits alleging local governments misused federal money, in a decision that produced newcomer Sonia Sotomayor's first dissenting opinion.

But the just-enacted health care overhaul law contains a provision that changed the federal False Claims Act in a way that would appear to allow new, similar lawsuits to go forward.

The court voted 7-2 to hold that a technical, though important aspect, of the federal whistleblower law applies to local governments. One section of the law prohibits whistleblower lawsuits when public disclosure of the alleged fraud occurs through a court hearing, a news report or congressional or administrative audit.

In an opinion by Justice John Paul Stevens, the court ruled that the language on administrative audits refers to a report prepared by any government, not just a federal government document. The question had divided federal appeals courts.

Justice Sotomayor dissented, saying her colleagues "misread the statutory text" to limit whistleblower claims. Justice Stephen Breyer joined the dissenting opinion.

But, in any event, the health care legislation signed by President Barack Obama last week changed the false claims law so that it now refers specifically to federal reports. Stevens noted the change in a footnote to his opinion, but said it did not affect pending lawsuits.



Court rebuffs Pa. man who didn't accept vote tally
Breaking Legal News | 2010/03/30 06:25
A failed Pennsylvania judicial candidate who couldn't believe he received so few votes says he's finished fighting now that the U.S. Supreme Court has refused to hear his case.

Robert Pritchard Sr., of Fairchance, got 63 votes for a district judge post in southwestern Pennsylvania in the May 2009 primary. He got zero votes in two of 19 precincts. The incumbent got 2,900 votes and another challenger got 957.

Pritchard says people could have voted illegally because the county allegedly hasn't properly purged 25,000 dead or unregistered voters from its rolls. County attorneys say that had nothing to do with Pritchard's lopsided loss.

Two state appeals courts previously rejected his appeal.



High court weighs fraud lawsuit vs. Aussie bank
Breaking Legal News | 2010/03/30 05:26
The Supreme Court indicated Monday it could prohibit foreign investors from using U.S. securities law and American courts to sue a foreign bank for fraud.

The court heard argument in a challenge from Australian investors who want to sue the Melbourne-based National Australia Bank for securities fraud in U.S. federal court. The investors say they should have access to American courts because the claim of fraud relies on the actions of a bank-owned mortgage servicing company in Florida.

But none of the justices appeared to accept the investors' argument.

"Australian plaintiffs, Australian defendants, shares purchased in Australia. It has Australia written all over it," Justice Ruth Bader Ginsburg said. "Isn't the most appropriate choice the law of Australia rather than the law of United States?"

The court could use the case to clarify whether and when disputes over international dealings can be resolved in American courts, which often are more generous to plaintiffs than foreign courts.

Business interests and the governments of Australia, France and Great Britain are urging the court rule in favor of the bank.



Lawyers await hearing on combining Toyota lawsuits
Breaking Legal News | 2010/03/26 09:33

As lawsuits over Toyota acceleration problems multiply nationwide, more than 150 attorneys gathered Wednesday to sharpen their legal skills on the eve of a major federal court hearing on whether dozens of cases will be consolidated before a single judge.

The main topic at the conference, organized by legal publisher HarrisMartin, was today's scheduled hearing before a panel of federal judges in San Diego who will choose whether to combine more than 100 Toyota lawsuits and where to send them.

Lawyers for people suing Toyota and the company itself have suggested 19 jurisdictions, according to court documents. But the panel is not required to pick from that list.

"You have consumers that have been affected in every state," said Howard Bushman, a Miami attorney whose recent cases included a $24 million settlement for AIDS patients who paid for a drug they didn't need.

Toyota has been hit with an avalanche of lawsuits that could cost it billions of dollars after its recall of 8 million vehicles worldwide, including about 6 million in the U.S., over sudden unexpected acceleration. The National Highway Traffic Safety Administration has linked 52 deaths to the accelerator problems, which Toyota has blamed on floor mats that can snag accelerator pedals or on pedals that sometimes stick.



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