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State high court denies tobacco company appeals
Court Watch |
2010/01/14 02:40
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The state Supreme Court on Wednesday denied tobacco companies' appeals of a San Francisco jury's award of $2.85 million in damages to the family of a woman who died of lung cancer after smoking cigarettes for 26 years. Leslie Whiteley of Ojai sued Philip Morris and R.J. Reynolds before her death in 2000 at age 40. She testified that she started smoking at 13, using her lunch money to buy cigarettes, and paid little attention to the warning labels because tobacco companies promoted the benefits of smoking and the government allowed the sales. She smoked two packs a day until she was diagnosed with cancer in 1998. A jury awarded Whiteley and her husband $1.7 million in compensation and $20 million in punitive damages four months before she died. It was the nation's first verdict in favor of a smoker who took up the habit after 1965, when the government first required warnings on cigarette packages. |
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Supreme Court rules against Nev. man in DNA case
Court Watch |
2010/01/13 08:30
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A Nevada inmate lost a U.S. Supreme Court bid to challenge what jurors were told about DNA evidence against him in the 1994 sexual assault of a 9-year-old girl. The nation's highest court ruled Monday that it would not hear the evidence issue but did give Troy Don Brown, 38, another chance to argue before a federal appeals court that he received ineffective legal representation at trial. State Attorney General Catherine Cortez Masto called the Supreme Court ruling a victory for prosecutors and Nevada after they lost arguments about the DNA evidence in lower courts. Paul Turner, an assistant federal public defender in Las Vegas handling Brown's appeals, has argued that the conviction should be overturned if the DNA evidence was insufficient. The high court did not hear oral arguments before reversing a Ninth U.S. Circuit Court of Appeals ruling that an analysis of DNA evidence overstated the likelihood that body fluids found at the rape scene were from Brown. The Supreme Court pointed to an evidence standard set in a 1979 case calling for courts to consider all the evidence in a case, not just evidence being challenged. At trial in Elko County, the chief of the Washoe County crime lab testified the chance that Brown's DNA matched the DNA found at the rape scene was 99.99967 percent. The witness also told jurors that one in three million people randomly selected from the population would also match that DNA.
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High court pulls plug on YouTube trial coverage
Court Watch |
2010/01/12 09:10
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For now, the only way Californians can watch the trial over the constitutionality of the state's ban on same-sex marriage is to take a trip to the federal courthouse on Golden Gate Avenue in San Francisco. Just an hour before the trial got under way Monday, the U.S. Supreme Court halted for at least two days the judge's plans to allow video of the proceedings to be uploaded on a delayed basis on YouTube. The 8-1 decision also prevented live simulcasts from being broadcast at the federal appeals court building at Seventh and Mission streets and at courthouses in Seattle, Pasadena, Portland, Ore., and Brooklyn, N.Y. The court said it wanted until at least Wednesday to consider arguments by backers of Proposition 8, the November 2008 ballot measure outlawing same-sex marriage, that camera coverage could result in threats or even violence against witnesses favoring the measure. |
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Net Neutrality Faces Appeals Court
Court Watch |
2010/01/11 09:35
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The FCC and Comcast got their day in court Friday afternoon on the net neutrality issue. A three-judge federal appeals court followed a line of questioning that seemed to favor Comcast, but a decision may not come for months. The issue is whether Comcast violated FCC rules in blocking Bit Torrent traffic and, also, the broader issue of whether the FCC has the authority to restrict Comcast and other carriers supplying broadband. A back story in the complex issue is highlighted by carriers' complaints that consumers' growing usage of broadband is clogging networks. "This case underscores the importance of the FCC's ongoing rulemaking to preserve the free and open Internet," said FCC chairman Julius Genachowski in a statement. "I remain confident the commission possesses the legal authority it needs and look forward to reviewing the court's decision when it issues."
Comcast attorney Helgi Walker said the FCC's effort to challenge the cable firm was "a policy statement" and, as such, was not enough for the FCC to reprimand Comcast for seeking to control the flow of Internet traffic over its network. She told the judges: "You can free us of this black mark on our record." If the decision goes against the FCC, it will still have the option of going to Congress to seek new legislation to deal with the net neutrality issue. |
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Court Rules in Favor of Octuplets Mom Suleman
Court Watch |
2010/01/09 10:16
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A California appeals court ruled in favor of octuplets mother Nadya Suleman Friday, denying a call for an independent guardian to monitor her children's finances. The 4th District Court of Appeal in Santa Ana called the petition an "unprecedented, meritless effort by a stranger" and directed an Orange County probate court to vacate its order for an investigation into the family's finances. Paul Petersen, an advocate for children in the entertainment industry, argued that Suleman's children were vulnerable and that an independent guardian should be appointed to look after their financial interests. The appeals court said the probate judge erred because Petersen failed to show that Suleman was engaging in financial misconduct. Suleman gave birth to octuplets on Jan. 26, 2009. The medical curiosity of their delivery turned to public outrage when it was learned that the single, unemployed mother had been caring for her six other children with the help of food stamps and Social Security disability payments for three of the youngsters. |
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Doctor gets 5 years in prison for road rage
Court Watch |
2010/01/08 14:24
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A former emergency room doctor who deliberately braked in front of two bicyclists, causing them to crash and suffer serious injuries in the road rage incident, was sentenced Friday to five years in prison. Christopher Thomas Thompson, 60, was sentenced in Los Angeles County Superior Court. He was in tears as he apologized to the victims. "The physical and mental scars are my fault," he said, telling them that he has recurring nightmares about one of the cyclists crashing through the windshield of his car. But Los Angeles Superior Court Judge Scott Millington said he was concerned about a lack of remorse. The defendant was apologetic today, but remarks he made soon after the crash indicated otherwise, the judge said. Thompson, who worked at Beverly Hospital in Montebello, has been jailed since he was convicted in November of assault with a deadly weapon, battery with serious bodily injury, reckless driving and mayhem. Prosecutors say he had argued with the two cyclists before suddenly slamming on his brakes in front of them on Mandeville Canyon Road on July 4, 2008, causing them to crash and suffer serious injuries. One cyclist who went through the car window suffered broken teeth, cuts and had to have his nose reattached. The other cyclist suffered a separated shoulder after crashing to the pavement.
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Identifying Swiss bank clients broke secrecy law
Court Watch |
2010/01/08 11:21
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A Swiss court ruled that the nation's top financial regulator acted in an "unlawful" manner when it forced UBS AG to release client data to U.S. authorities, reigniting a debate over bank-secrecy practices. The decision, if upheld, could complicate efforts to extract client data by tax authorities in other countries. Private bankers have argued that whittling away Switzerland's banking-privacy laws has led to withdrawals by wealthy individuals. Nearly one year ago, Finma, the Swiss financial-services regulator, ordered UBS to hand over details on nearly 300 accounts to U.S. authorities in order to settle a tax dispute. The regulator said it had to move quickly because, according to Swiss officials, U.S. authorities were threatening to indict the bank over the tax issue. Finma argued that a potential indictment was a "clear and present" danger that UBS might not survive. Moreover, Finma added, UBS already had admitted to aiding tax fraud through hidden offshore accounts. The court disagreed, saying Finma had exceeded its authority and should have referred the matter to the government. The government backed Finma's move last February.
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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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