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Wyoming Supreme Court rules for bar owners
Court Watch | 2011/08/29 09:25

The Wyoming Supreme Court has ruled that state law protects bar owners from lawsuits arising from the actions of their intoxicated patrons.

In a split decision Friday, the court upheld a lower court ruling against relatives of a Ten Sleep couple who died in a head-on crash in 2008. The couple's relatives had sued the owners of two Big Horn County saloons claiming they continued to serve the driver who plowed into the couple after he was drunk.

The court majority ruled state law from the 1980s holds bar owners can't be held liable for their patrons' actions.

Chief Justice Marilyn S. Kite and Justice William Hill filed a dissenting opinion saying they would allow lawsuits against bar owners if they violated local ordinances against serving alcohol to intoxicated persons.


Court asked to stop immigrant license checks
Court Watch | 2011/08/25 08:59

Four state legislators and a Silver City woman asked a judge Wednesday to stop Gov. Susana Martinez's administration from trying to verify whether immigrants who received a driver's license in New Mexico still live in the state.

An Albuquerque law firm and the Mexican American Legal Defense and Educational Fund filed a lawsuit in state District Court in Santa Fe on behalf of the Democratic lawmakers and the Hispanic woman.

The suit seeks to block a state agency from checking a random sample of 10,000 license holders who are foreign nationals to determine their residency.

New Mexico is one of only three states — the others are Washington and Utah — where an illegal immigrant can get a driver's license because no proof of citizenship is required. However, Utah's permits cannot be used as government ID cards.

Martinez wants the Legislature to end New Mexico's policy of granting driver's licenses to illegal immigrants. She and other critics contend it jeopardizes public safety and attracts illegal immigrants who fraudulently claim to live in the state only to get ID cards that make it easier to stay in the country.




NY court rejects $18M class action writers deal
Court Watch | 2011/08/23 10:24
A federal appeals court in New York has rejected an $18 million class action settlement reached after freelance writers sued publishers.

The writers had said their copyrights were infringed upon when their works were reprinted online without permission.

The 2nd U.S. Circuit Court of Appeals in Manhattan said Wednesday the 2005 deal had to be scrapped because the plaintiffs didn't adequately represent all members of the class. It says more than 99 percent of claims wouldn't be covered by the settlement because they involved writers who hadn't registered copyrights.

The settlement was reached after the Supreme Court in 2001 ruled freelance writers have online rights to their work. The case largely applied to articles, photographs and illustrations produced 15 or more years ago.



Court throws out Vince Fumo sentence
Court Watch | 2011/08/23 03:24
A U.S. appeals court on Tuesday threw out the 4 1/2-year corruption sentence of a long-powerful former Pennsylvania state senator.

The court agreed with prosecutors that U.S. District Judge Ronald Buckwalter did not explain why he sentenced Vincent Fumo far below federal sentencing guidelines.

The court also upheld 68-year-old Fumo's conviction and ordered a new sentencing of an aide convicted at trial with him.

A jury in 2009 convicted Fumo of defrauding the state Senate, a museum and a South Philadelphia nonprofit of millions. The Philadelphia Democrat had been a wealthy power broker during his 30-year state Senate career. He remains incarcerated at a federal prison in Kentucky.





Agreement reached in Mo. suit against LegalZoom
Court Watch | 2011/08/20 10:25
A proposed settlement has been reached in a federal class-action lawsuit against LegalZoom Inc., the online vendor of legal forms and documents.

The lawsuit had been scheduled go to trial Monday in U.S. District Court in Jefferson City.

But California-based LegalZoom has announced an agreement in principle to settle the lawsuit that claimed the company wasn't licensed to provide legal services in Missouri. LegalZoom says it contains no admission of wrongdoing and lets the company continue offering services to Missouri residents with certain changes.

The original plaintiffs were a Missouri resident who used LegalZoom to prepare a will, and two others who used it to organize a remodeling business.

An attorney for the plaintiffs says only that the settlement involves compensation for Missouri customers and changes to how LegalZoom operates.





NY court rejects $18M class action writers deal
Court Watch | 2011/08/17 09:21
A federal appeals court in New York has rejected an $18 million class action settlement reached after freelance writers sued publishers.

The writers had said their copyrights were infringed upon when their works were reprinted online without permission.

The 2nd U.S. Circuit Court of Appeals in Manhattan said Wednesday the 2005 deal had to be scrapped because the plaintiffs didn't adequately represent all members of the class. It says more than 99 percent of claims wouldn't be covered by the settlement because they involved writers who hadn't registered copyrights.

The settlement was reached after the Supreme Court in 2001 ruled freelance writers have online rights to their work. The case largely applied to articles, photographs and illustrations produced 15 or more years ago.



NY man suing Facebook must explain missing items
Court Watch | 2011/08/16 09:21
A judge gave Facebook access to the personal email accounts of a man suing for half ownership of the social networking website and ordered him to explain why he can't produce documents its lawyers believe are evidence.

Proof that Paul Ceglia's case is a fraud has been sitting on a Chicago law firm's email server since 2004, Facebook attorney Orin Snyder told the federal judge on Wednesday.

An email that Ceglia sent to a former business associate at the firm includes a scanned version of the two-page contract he and Facebook founder Mark Zuckerberg signed, Snyder said. Unlike the one Ceglia filed, it doesn't mention Facebook, only a street-mapping database Ceglia had hired Zuckerberg to work on, he said.

"The noose is tightening around the neck of this plaintiff, and he knows it," Snyder said during a four-hour procedural hearing that had each side accusing the other of dirty tricks.

Snyder said Ceglia had artificially aged his "phony" contract with light and chemicals, backdated computer files and transferred others to portable storage devices, which he'd likely tossed into Lake Erie.

Ceglia's attorney, Jeffrey Lake, countered that Facebook had tried to "poison the jury pool" by releasing what should have been confidential documents and implied Facebook had planted damning evidence on Ceglia's computers, a statement he backed away from after the hearing.






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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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