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Oregon Supreme Court rules against
Law Center |
2010/04/16 02:35
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Employers won a big victory Thursday in the ongoing fight over medical marijuana. The Oregon Supreme Court ruled that employers no longer need to accommodate workers who legally use medical marijuana. That means employers can terminate workers with medical marijuana cards who fail drug tests. The ruling settled more than a decade of debate about the legal rights of employers when it comes to legal marijuana use. “If a person shows a medical marijuana card, it’s no longer a get-out-of-jail-free card,” said Rich Meneghello, managing partner at the law firm Fisher & Phillips LLP, who represents employers. Oregon voters legalized the use of medical marijuana in 1998. The law has been the subject of numerous legal challenges since then. |
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White Plains Mayor Bradley Back In Court
Law Center |
2010/04/12 08:11
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White Plains Mayor Adam Bradley was back in court Monday for domestic abuse charges. Bradley was arrested again on Thursday after allegedly violating an order of protection from his wife. Bradley was booked on three charges: harassment, tampering with a witness, and contempt of court. Prosecutors claims since March 5, Bradley has repeatedly intentionally violated an order of protection not to harass or cause fear. The new charges alleged he yelled at his wife, Fumiko, on five different occasions. The judge on Monday ordered him to stay away from Fumiko and to attend an anti-violence class. A city spokeswoman is denying weekend reports saying that Bradley could resign as early as today. In the first incident, Mrs. Bradley told police her husband confronted her at the house she was staying at and yelled that in order for him to save his career, she needed to enter a mental hospital or tell police she had lied to them.
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Court won't give Saudi citizen new trial
Law Center |
2010/04/05 05:51
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The Supreme Court won't hear an appeal from a Saudi Arabian citizen who blamed anti-Muslim sentiment for his conviction for keeping his housekeeper a virtual slave. The high court on Monday turned away an appeal from Homaidan Al-Turki. He was convicted of false imprisonment, conspiracy, criminal extortion, theft and unlawful sexual contact. Al-Turki was convicted of sexually abusing his Indonesian housekeeper and paying her less than $2 per day. He complained that he wasn't allowed to question a potential juror about potential anti-Muslim sentiment. |
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Court won't hear frequent flyer point broker case
Law Center |
2010/03/29 09:07
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The Supreme Court has refused to let a company continue to buy and sell American Airline frequent flyer points while the airline is suing to stop the practice. The high court on Monday refused to lift a temporary injunction against Frequent Flyer Depot, Inc. A lower court judge had banned the company from working with American Airlines AAdvantage points while the airline's lawsuit against the brokers was going through the court. American Airlines says Frequent Flyer Depot's practice of getting American's passengers to sell them their frequent flyer points is illegal. The brokers would then use the points to buy tickets for people who did not want to deal directly with American Airlines. American says the AAdvantage program prohibits the selling of its frequent flyer points. The brokers say buying an airline ticket from them is cheaper than buying it from American. They also say that the AAdvantage program is not a contract under which the airline can sue. |
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Cyber-bullying case going forward, state appeals court decides
Law Center |
2010/03/19 09:33
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A state appeals court says a 15-year-old boy whose Web site was flooded with anti-gay slurs and threats can sue a schoolmate who admitted posting a menacing message but described it as a joke. In a 2-1 ruling Monday, the Second District Court of Appeal in Los Angeles said the violent language of the message - threatening to "rip out your ... heart and feed it to you" and to "pound your head in with an ice pick" - conveyed a harmful intent that is not protected by the right of free speech. The dissenting justice, Frances Rothschild, said no one who read all the messages posted on the Web site - in which youths tried to outdo the others in outrageous insults - would interpret any of them as a serious threat. The case is one of the first in California to examine the boundaries between free expression and so-called cyber-bullying. The court majority said a message that threatens physical harm, even if it wasn't meant to be serious, loses its First Amendment protection and can be grounds for a lawsuit. The plaintiff, identified only as D.C., set up a Web site in 2005 to promote an entertainment career after recording an album and starring in a film. Believing - wrongly, the court said - that he was gay, some fellow students at a Los Angeles high school posted comments that mocked him, feigned sexual interest or threatened violence. The boy's father said he withdrew D.C. from the school, at the suggestion of Los Angeles police, and moved the family to an undisclosed spot in Northern California. D.C. sued six students and their parents, claiming hate crimes, defamation and intentional infliction of emotional distress. The ruling involved a claim by one defendant, a 16-year-old identified as R.R., that the suit interfered with his freedom of speech. In a court filing, R.R. said he didn't know D.C. personally but was offended by the Web site's self-promotional tone and "decided to add my own message to the Internet graffiti contest," posing as a parent who was so offended by D.C.'s singing that he wanted to kill him.
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Obama taps NPR reporter's sister for federal bench
Law Center |
2010/03/18 06:30
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President Barack Obama has nominated the sister of National Public Radio legal affairs correspondent Nina Totenberg (TOH'-ten-burgh) for a federal judgeship. Obama on Wednesday tapped Amy Totenberg for a seat on the U.S. District Court for the Northern District of Georgia. She has been in private practice and has served as an arbitrator in Atlanta since 2000. The Harvard Law School graduate also is a special master in federal court in Maryland and a court monitor in federal court in the District of Columbia. |
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Ga.'s system to defend the poor still reeling
Law Center |
2010/03/11 08:32
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Georgia's public defender system is still trying to recover its financial footing five years after a courthouse gunman racked up a $3 million taxpayer-funded defense tab on the way to his conviction. The state's ailing system to defend the poor has struggled almost since its start in 2005, hamstrung not just by the costly Brian Nichols case but also because of the lukewarm support from legislators and a dismal economy. The state now can't afford to pay to defend the accused in several capital punishment cases, leaving them waiting in jail for years before their trials start. Some, like Khan Dinh Phan, have appealed to the Georgia Supreme Court for help. They have asked that their cases be dismissed because the delays violated their right to a speedy trial. Georgia has faced similar problems before. State legislators created the public defender system precisely because individual counties struggled to provide adequate legal defense for the poor. But prosecutors and defense attorneys say it may take drastic measures to recover from the Nichols' case, one of the statewide system's first high-profile tests. Prosecutors said Nichols' defense should have cost about $500,000. But expenses ballooned with expert witnesses and attorneys fees. Nichols was spared death and sentenced to life in December 2008 for killing of a judge, a court reporter, a sheriff's deputy and a federal agent during the rampage. |
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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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