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Appeals court upholds convictions in Fort Dix plot
Law Center |
2011/12/28 06:32
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A federal appeals panel on Wednesday upheld the convictions and sentences of five Muslim men accused of planning to attack Fort Dix or other military bases, though it threw out a charge against one defendant.
The main issue was prosecutors' use of wiretaps obtained under the Foreign Intelligence Surveillance Act, a part of the Patriot Act aimed largely at gathering foreign intelligence.
The recordings were a major piece of a 2½-month trial for the five men, all Muslim immigrants who grew up in the New Jersey suburbs of Philadelphia.
The men — Mohamad Shnewer, Serdar Tatar, and brothers Dritan, Eljvir and Shain Duka — were arrested in May 2007. In 2008, a federal jury in Camden, N.J., convicted them of conspiring to kill U.S. military personnel at Fort Dix. All but Tatar are serving life terms.
Defense lawyers said it was unconstitutional to use the recordings in a domestic criminal case and that it may have been impossible to convict the men without the evidence.
But in a unanimous ruling written by Judge Marjorie O. Rendell, a three-judge panel of the Philadelphia-based 3rd U.S. Circuit Court of Appeals disagreed. The challenged search "was conducted in objectively reasonable reliance on a duly authorized statute," and therefore admissible at trial, Rendell wrote.
Another major issue came from an error that federal prosecutors acknowledged in January: Three of the men were convicted of attempted possession of firearms in furtherance of a crime, but the law in question does not have a provision that outlaws attempted possession.
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Disgraced ex-journalist fights for CA law license
Law Center |
2011/12/26 16:24
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A former journalist who became the subject of a Hollywood movie after he was caught fabricating articles in the late 1990s is fighting to become a lawyer in California over the objections of a state bar committee.
Stephen Glass, whose ethical missteps at The New Republic and other magazines were recounted in the film "Shattered Glass" and an autobiographical novel, has challenged the bar committee's decision to deny him a license to practice law, the San Francisco Chronicle reported Monday.
Glass attended law school at Georgetown University and passed California's bar exam in 2007. His application for an attorney's license was turned down by the state's Committee of Bar Examiners, which judged him morally unfit for his new profession.
But an independent state bar court ruled in Glass's favor in July and the California Supreme Court has since agreed to hear the committee's appeal. No date for oral arguments has been set.
The bar association's lawyers said in written filings that even though Glass' transgressions occurred when he was in his 20s, his attempts at atonement were inadequate and in some cases coincided with the publication of his novel. They faulted him for never compensating anyone who was hurt by his falsehoods. |
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Florida Construction Law Attorney - Gilmer M. Heitman
Law Center |
2011/12/21 10:57
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Gilmer M. Heitman, P.E.
Principal Attorney
Heitman Law Firm, PL
Mr. Heitman earned his degree in civil engineering from Georgia Tech in 1992. Upon graduation, he served as a Peace Corps volunteer in Kenya from 1992 until 1994. Once he had returned
from Kenya, he worked building heavy civil construction projects throughout the Southeastern United States. He earned his licenses as a Florida Professional Engineer and Florida Certified
General Contractor in 1999.
Mr. Heitman earned his law degree from the University of Alabama School of Law and his Master’s Degree in Business Administration from Samford University 2005. He was admitted to the Florida bar in 2005. Mr. Heitman is admitted to practice before the Supreme Court of the United States.
Mr. Heitman is certified by the Florida Bar in Construction Law. Florida bar Board certification is synonymous with the term ‘specialist’ and ‘expert’ because of its very high standards for professional excellence. The Florida bar's board certification program is one of the finest in the country, and helps the public identify lawyers if you have been evaluated by their peers for experience, competence and integrity. |
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Philippine Supreme Court chief justice impeached
Law Center |
2011/12/12 11:02
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The Philippine House of Representatives impeached the Supreme Court chief justice Monday over alleged corruption and favoritism toward the country's former president, now under hospital arrest for alleged election fraud.
A majority of the 284 members of the powerful House signed the resolution to impeach Chief Justice Renato Corona, who will now be tried by the Senate in an impeachment tribunal. Corona, who became the only known Supreme Court chief to be impeached in Philippine history, vowed to fight back.
Among its allegations, the impeachment complaint accuses the Corona-led court of ruling improperly in ex-President Gloria Macapagal Arroyo's favor when she sought to leave the country last month before she was arrested.
The surprise move is the latest twist in the Philippine political drama pitting Arroyo against her popular, reformist successor Benigno Aquino III, who has blamed her for a decade of corruption scandals that eroded public trust in government and held back foreign investors. |
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Court will decide question on crack sentencing
Law Center |
2011/11/28 09:30
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The Supreme Court will decide whether a law meant to reduce the disparity between crack and powder cocaine prison sentences can apply those who were convicted — but not sentenced — before its enactment.
The high court on Monday agreed to hear an appeal from Edward Dorsey and Corey Hill, who were both convicted of crack cocaine crimes.
However, the men were not sentenced until after The Fair Sentencing Act went into effect. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.
The two men argue that because their sentences came after the law's effective date, they should get its lesser prison time. The 7th U.S. Circuit Court of Appeals disagreed, and the high court will review that decision. |
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The Rosen Law Firm Reminds Investors
Law Center |
2011/11/07 12:20
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The Rosen Law Firm, P.A. reminds investors of the important December 19, 2011 lead plaintiff deadline in the class action lawsuit on behalf of investors who purchased the common stock of AgFeed Industries, Inc.
If you purchased AgFeed securities during the period between March 16, 2009 and September 29, 2011, visit the Rosen Law Firm's website at http://www.rosenlegal.com to join the case, or call Phillip Kim, Esq., toll-free, at 866-767-3653 or pkim@rosenlegal.com for information. The action filed by the firm is pending in the U.S. District Court for the District of Colorado.
If you wish to serve as lead plaintiff, you must move the Court no later than December 19, 2011. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation, or to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. of The Rosen Law Firm, toll-free, at 866-767-3653, or via e-mail at pkim@rosenlegal.com. You may also visit the firm's website at http://www.rosenlegal.com.
The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. |
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Class-action suit filed after infection scare at Ottawa clinic
Law Center |
2011/11/06 12:20
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A class-action lawsuit has been filed against a doctor and her Ottawa clinic over what health officials have described as lax infection-prevention practices.
Dr. Christiane Farazli's now-closed clinic, which conducted endoscopy procedures, has been the subject of an investigation by the Ontario College of Physicians and Surgeons.
The investigation was made public recently when the Ottawa Public Health authority revealed it was sending a letter to about 6,800 patients who had been treated at the clinic over the past decade, warning them they may have been exposed to hepatitis and HIV infection.
The suit has been launched by the Merchant Law Group LLP, a Saskatchewan-based firm that has been involved with numerous high-profile class-action lawsuits in this country.
The firm says its claim asserts that Farazli failed to consistently follow standard and statutory practices and procedures used to clean endoscopes and that patients have suffered worry, anxiety, and possible bodily injuries as a result. |
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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 and help you redesign your existing law firm site to secure your place in the internet. |
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