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Ohio officer takes murder appeal to US high court
Court Watch | 2010/03/24 08:10
A former Ohio police officer convicted of killing his pregnant girlfriend and their unborn daughter is asking the U.S. Supreme Court for a new trial.

Lawyers for Bobby Cutts Jr. filed an appeal with the nation's highest court earlier this month. The Ohio Supreme Court declined to review Cutts' case.

The former Canton patrolman is serving a life sentence in the killings of Jessie Davis and the nearly full-term fetus she was carrying. Her disappearance in 2007 prompted a huge search that drew national attention.

Cutts' attorneys say the trial should have been moved because of all the publicity. Defense lawyer Fernando Mack says the Supreme Court should review the case because it has "uniqueness."



Court sides with debtor in student loan case
Court Watch | 2010/03/23 08:01
 A unanimous Supreme Court has ruled in favor of a man who wanted his student loans dismissed through bankruptcy without having to prove that paying the money back would cause an "undue hardship."

Justice Clarence Thomas said Tuesday in his opinion for the court that debtors must normally prove undue hardship. Thomas said the bankruptcy judge was wrong to approve Francisco Espinosa's bankruptcy plan in 1993, but the lender did not object at the time. The judge's error was not serious enough to undo the agreement, Thomas said.

The case involved a dispute over $4,582 in interest on Espinosa's four student loans.



Connecticut Supreme Court rules in education case
Court Watch | 2010/03/22 07:17

Connecticut's Supreme Court has ruled in favor of a lawsuit that could lead to major changes in the state's education system and how it is funded.

The decision released Monday says the state constitution promises an education that prepares students for a job or higher education.

The Connecticut Coalition for Justice in Education Funding had sued, saying achievement gaps between rich and poor towns showed some students are not receiving an adequate education to prepare them for jobs and adult life.

The decision could force a review of the state's 22-year-old formula for funding schools, which the group says has drastically hurt some towns and their students.



NYC settles jail strip-search suit for $33 mil
Court Watch | 2010/03/22 04:17

Two women who claimed they were forced to have gynecological exams and others strip-searched in city jails have settled a class-action lawsuit with the city for $33 million.

The suit was filed on behalf of people arrested on misdemeanor drug and weapons charges and strip-searched at Rikers Island and other jails.

Under the agreement, class members can receive between $1,800 and $2,900 each, depending on how many people respond. The plaintiffs who claimed they were forced into gynecological exams are entitled to $20,000 each for their alleged injury and suffering, according to the decision reached last week and finalized Monday.

The case included people arrested, but not convicted, between July 15, 1999 and Oct. 4, 2007. The court has already ruled that the practice violated the prisoners' constitutional rights.



NJ gay marriage battle back in court
Court Watch | 2010/03/19 09:30
Gay couples who sued New Jersey for the right to marry once before are taking their case back to court.

Six couples plus the surviving partner from a seventh filed a motion Thursday claiming the state continues to discriminate against them even though it offers civil unions to same-sex couples.

The original suit, filed in 2002, resulted in a 2006 New Jersey Supreme Court decision that came one vote short of requiring the state to legalize gay matrimony. After an effort to get lawmakers to legalize gay marriage, the effort fizzled out.

Opponents say that there's no constitutional right for gay couples to wed and that civil unions are working.

Gay marriage is legal in Connecticut, Iowa, Massachusetts, New Hampshire and Vermont.



Court OKs ex-Guatemalan leader's extradition to US
Court Watch | 2010/03/19 04:34
A Guatemalan court has approved former President Alfonso Portillo's extradition to the U.S. to face money laundering charges.

Portillo does not face imminent extradition, however. Under Guatemalan law, he must first be tried at home in a separate corruption case before facing charges abroad.

Portillo vows to appeal Wednesday's ruling, saying: "This is not finished yet."

He is charged in a New York federal court with embezzling $1.5 million in foreign donations intended to buy school library books in Guatemala. He allegedly endorsed checks drawn from a New York bank and deposited them in a Miami account.

Portillo was president from 2000 to 2004. He was arrested Jan. 26 on the U.S. extradition request. He denies the charges.



AstraZeneca wins 1st trial over alleged drug harm
Court Watch | 2010/03/18 08:31
British drugmaker AstraZeneca wins the first trial brought by a patient alleging its psychiatric drug Seroquel caused harm.

AstraZeneca says a jury in Middlesex County Superior Court in New Jersey ruled in favor of the drugmaker.

The case was brought by a 61-year-old Louisiana man who claims he developed diabetes after taking the drug for a few years. Ted Baker, a Vietnam veteran, took Seroquel from 2001 through 2006.

The drug is approved for treating schizophrenia and bipolar disorder. It's been on the market since 1997 and brings in more than $4 billion in annual sales.

Nine other cases brought by plaintiffs in New Jersey, Delaware and Florida have been dismissed before the start of a trial.



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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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