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Court OKs suit over San Francisco jail guard rule
Class Action |
2014/07/07 13:35
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A federal appeals court has reinstated a lawsuit challenging the San Francisco Sheriff's Department's policy of forbidding male guards to work in the women's jail.
The San Francisco Chronicle says a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled Wednesday that the policy constituted sex discrimination which the city had failed to demonstrate was absolutely necessary.
The 9th Circuit decision overruled the finding of a federal judge who dismissed the lawsuit after finding that excluding male guards made sense as a way to protect the safety and privacy of female inmates.
The policy was adopted in 2006. The Chronicle says the 35 guards who sued the next year included women who alleged it had increased their work loads and men who said it cost them overtime and possible promotions.
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Court gives OJ lawyers a week to resubmit appeal
Class Action |
2014/06/03 11:42
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O.J. Simpson's lawyers were given another week Friday to reformat and resubmit an appeal to the Nevada Supreme Court seeking a new trial in the kidnapping and armed robbery case of the former football star.
In the order, Chief Justice Mark Gibbons agreed to accept a supersized 20,000-word document that Simpson's lawyers had submitted before a May 21 deadline if it complies with court formatting rules.
"Basically they want it to be double-spaced," court spokesman Michael Sommermeyer said.
The document hasn't been made public, and the seven justices haven't decided whether to rehear oral arguments in case. The court rejected an initial appeal by Simpson in September 2010.
Simpson attorney Patricia Palm said she was glad the justices agreed to accept the 19,933 words she submitted nine days ago. The new deadline is June 6.
Palm noted the court frequently accepts briefs longer than its 14,000-word limit in complex cases.
Palm and Simpson appeal lawyers Ozzie Fumo and Tom Pitaro want the court to reconsider the contention that Simpson got bad legal advice, that his trial lawyer had a conflict of interest, and that Simpson's 2008 Las Vegas trial was tainted by his notoriety. |
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3 men guilty on all counts in teens' slaying
Class Action |
2014/05/02 09:57
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Three gang members have been found guilty of killing two Southern California teens and injuring two others during a 2011 shooting near an apartment complex playground.
The San Bernardino County district attorney's office says a jury convicted the men of two counts each of murder and three each of attempted murder. The verdict was read Tuesday.
The defendants were accused of killing 18-year-old Andrew Jackson and 17-year-old Quinn McCaleb as they walked with a group of teenagers in Redlands. Two other teens were shot but survived their injuries.
Authorities say one of the gunmen was seeking revenge after he was jumped by several men, and attacked the victims in a case of mistaken identity. The victims had no gang ties or prior contact with the defendants' gang.
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SC Supreme Court hears appeal in fatal dog attack
Class Action |
2014/04/17 13:31
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Prosecutors want South Carolina's highest court to reinstate the conviction of a Dillon County man whose dogs attacked and killed a 10-year-old boy in 2006.
The state Supreme Court on Tuesday hears an appeal in the case of Bentley Collins. In 2012, the state Court of Appeals overturned Collins' involuntary manslaughter conviction and prison sentence, ruling a judge shouldn't have allowed prosecutors to show pictures of the boy taken before his autopsy.
The photographs showed the extent of the boy's injuries, including how the dogs mauled him so badly his bones were exposed and his ears and nose were eaten.
The judges said the pathologist testified to the injuries, so the photographs did nothing more than rile the jury's emotions.
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EU court nixes government bulk data collection
Class Action |
2014/04/08 08:34
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The European Union's top court says key legislation allowing governments to collect data on citizens' communications for law-enforcement purposes is invalid.
The European Court of Justice in Luxembourg on Tuesday ruled the so-called data retention directive is too far-reaching and offers too few safeguards to protect people's right to privacy, creating an impression that "private lives are the subject of constant surveillance."
The legislation allows the storage of phone calls or online communication records for at least six months to help prevent serious crimes such as terrorism. The data typically reveal who was involved in the communication, when and how often, but not its content.
The court says the 2006 legislation represents a "particularly serious interference with fundamental rights." |
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Supreme Court takes up drug company dispute
Class Action |
2014/03/31 14:21
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The Supreme Court is wading into a patent dispute between rival pharmaceutical companies over a multiple sclerosis treatment.
The justices agreed Monday to hear an appeal from Teva Pharmaceutical Industries Ltd., which claims the U.S. Court of Appeals for the Federal Circuit wrongly overturned five of its patents for the drug Copaxone.
The appeals court ruling would allow rivals Mylan Inc., Momenta Pharmaceuticals Inc. and Sandoz, Inc., to start selling generic versions of the drug later this year, after the remaining patents on the drug expire.
A federal district court had earlier ruled in Teva's favor and upheld the patents. Teva says the Federal Circuit should have deferred to factual findings made in the district court.
The justices will hear the case in the fall. |
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Michigan won't recognize same-sex marriages
Class Action |
2014/03/28 09:04
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Michigan won't recognize more than 300 same-sex marriages performed last weekend before a court halted a decision that opened the door to gay nuptials, Gov. Rick Snyder said Wednesday.
The announcement came a day after an appeals court indefinitely stopped any additional same-sex marriages. It will likely take months for the court to make its own judgment about whether a Michigan constitutional amendment that says marriage only is between a man and a woman violates the U.S. Constitution.
U.S. District Judge Bernard Friedman struck down the gay marriage ban Friday.
Four counties took the extraordinary step of granting licenses Saturday before the 6th U.S. Circuit Court of Appeals ordered a temporary halt. The stay was extended indefinitely on Tuesday.
Snyder acknowledged same-sex couples "had a legal marriage." But because of the court's stay, he added, the gay marriage ban has been restored.
The governor's move closes the door, at least for now, to certain benefits reserved solely for married couples. The American Civil Liberties Union said more than 1,000 Michigan laws are tied to marriage.
"We did our own homework and I believe this is a reasonable legal position to take based on the available literature and law," Snyder told reporters.
Other elected officials have urged the Obama administration to recognize the marriages for federal benefits. The U.S. Justice Department, which previously said it was monitoring the situation, did not immediately comment after Snyder's announcement. |
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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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