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Appellate court to consider Calif. paparazzi law
Legal Spotlight | 2013/02/08 08:54

A judge has declined to reconsider his ruling dismissing charges filed under California's ant-paparazzi law which will trigger a full appeal before a panel of judges who have indicated they believe the law is constitutional.

Superior Court Judge Thomas Rubinson issued a notice on Monday declining to reconsider his decision to dismiss two charges against photographer Paul Raef, court records show. The judge ruled last year that the 2010 law was overly broad and violated the First Amendment, but Los Angeles prosecutors appealed the decision.

A three-judge appeals panel asked Rubinson to reconsider his ruling and indicated in a filing Jan. 28 that it believes the law is constitutional. The filing was issued based on a brief filed by prosecutors.

Raef was charged after authorities accused him of being involved in a high speed chase of Justin Bieber last year. He is the first person charged under the 2010 law that increased penalties for reckless driving by people trying to get photos for commercial gain.


Court won't stop embryonic stem cell research
Legal Spotlight | 2013/01/08 16:24
The Supreme Court won't stop the government's funding of embryonic stem cell research, despite some researchers' complaints that the work relies on destroyed human embryos.

The high court on Monday refused to hear an appeal from two scientists who have been challenging the funding for the work.

The U.S. Circuit Court of Appeals for the District of Columbia earlier this year threw out their lawsuit challenging federal funding for the research, which is used in pursuit of cures to deadly diseases. Opponents claimed the National Institutes of Health was violating the 1996 Dickey-Wicker law that prohibits taxpayer financing for work that harms an embryo.

Researchers hope one day to use stem cells in ways that cure spinal cord injuries, Parkinson's disease and other ailments.


NY Court: Gay Marriage Caucus Didn’t Break Rules
Legal Spotlight | 2012/07/09 14:57
A state appeals court rejected a challenge to New York’s year-old same-sex marriage law Friday, ruling closed-door negotiations among senators and gay marriage supporters, including Gov. Andrew Cuomo, did not violate any laws.

The Appellate Division of state Supreme Court in Rochester ruled against gay marriage opponents who argued that Republican state senators violated New York’s open meeting rules ahead of the law’s passage last year.

The marriage law was given final legislative approval by the state Senate after weeks of intensive lobbying and swiftly signed by Cuomo, making New York the largest state to legalize same-sex weddings. Same-sex couples began marrying by the hundreds on July 24, 2011, the day the law became official.


Court: Union must give fee increase notice
Legal Spotlight | 2012/06/21 11:17
The Supreme Court ruled Thursday that unions must give nonmembers an immediate chance to object to unexpected fee increases or special assessments that all workers are required to pay in closed-shop situations.

The court ruled for Dianne Knox and other nonmembers of the Service Employees International Union's Local 1000, who wanted to object and opt out of a $12 million special assessment the union required from its California public sector members for political campaigning. Knox and others said the union did not give them a legally required notice that the increase was coming.

The union, and the 9th U.S. Circuit Court of Appeals, said the annual notice that the union gives was sufficient. The high court disagreed in a 7-2 judgment written by Justice Samuel Alito.

"When a public-sector union imposes a special assessment or dues increase, the union must provide a fresh ... notice and may not exact any funds from nonmembers without their affirmative consent," Alito said.

Justices Sonia Sotomayor and Ruth Bader Ginsburg agreed with the judgment but wrote their own opinion. "When a public-sector union imposes a special assessment intended to fund solely political lobbying efforts, the First Amendment requires that the union provide non-members an opportunity to opt out of the contribution of funds," Sotomayor wrote.


Immigration court: Troubled system, long waits
Legal Spotlight | 2011/04/09 11:56

Every morning, they don their black robes, take their seats and listen to the pleas of a long line of immigrants desperate to stay in America. The pace is fast, the pressure intense, the stories sometimes haunting. The work, these judges say, is exhausting:

"The volume is constant and unrelenting.' ... 'There is not enough time to think.' ... 'Nobody gives a damn about us!' ... 'I know I couldn't do this job if I were not on medication for depression or did not have access to competent psychological care myself.' ... 'I cannot take this place anymore. What a dismal job this is!'"

These are the voices of immigration judges who determine the fate of tens of thousands of people every year - illegal border crossers, visa violators, refugees who flee China, El Salvador, Iran and other countries, each making a case to remain here.

These judges are at the heart of a bloated immigration court system saddled by explosive growth, a troubled reputation and a record backlog, according to one estimate, of nearly 268,000 cases. The problems are drawing increased scrutiny of a little-seen world where justice can seem arbitrary, lives can remain in limbo for years - and blame seems to be in abundance.




Crist donors denied class-action lawsuit
Legal Spotlight | 2010/09/26 20:40

A Florida judge has refused to grant class-action status to a lawsuit by contributors who claim Gov. Charlie Crist cheated them by becoming an independent.

The plaintiffs, Linda Morton of Naples and James Rood of Jacksonville, a former U.S. ambassador to the Bahamas, had also asked the court to freeze $7.5 million in Crist's campaign warchest, the Fort Myers News-Press reported. Senior Circuit Judge Jack Schoonover refused Thursday to convert the lawsuit to a class action and has twice refused to freeze any of Crist's funds.

Tom Grady, a lawyer for the plaintiffs said Crist, who is running as an independent for the U.S. Senate, could be hit with hundreds of small claims cases from individual donors.

Crist dropped his affiliation with the Republican Party several months ago after polls showed him losing the primary to Marco Rubio, a former speaker of the state House of Representatives and Tea Party favorite.





Eli Lilly Pays Utah $24 million for Deceptive Marketing of Zyprexa
Legal Spotlight | 2010/08/17 02:35

False and misleading prescription drug advertising is very common and dangerous. Pharmaceutical companies deceptively encourage doctors, and to a lesser extent, the public, with marketing that misrepresents risks, promotes unproven uses, and makes unsubstantiated claims.

And Eli Lilly was no stranger to the deliberate and deceptive marketing of "off label" prescriptions like Zyprexa, which is used a host of conditions such as: anxiety, sleep disruption, mood swings, attention deficit disorder, hyperactivity and dementia. According to the New York Times, company documents reveal that Eli Lilly was fully aware of Zyprexa's link with diabetes and weight gain. "Lilly benefited from its misrepresentations and fraudulent conduct by gaining sales of Zyprexa at the expense of other, safe, effective drugs."

Today, The Insider Exclusive presents how Utah's Attorney General, Mark Shurtleff, along with Joe Steele of Steele & Biggs, and Mitch Jensen of Siegfried & Jensen successfully reached a record $24 million settlement against Eli Lilly – and also established corporate integrity responsibilities and remedial provisions that continue to be monitored by the court today.

Mark Shurtleff was elected to his first term as Utah's Attorney General in 2000. A seasoned prosecutor, public servant and family man, Attorney General Shurtleff is now in his tenth year as Attorney General. Since stepping into the Attorney General's office Attorney General Shurtleff has shown his dedication to Utah's families through his strong vision and effective leadership. Prior to 2000, Utah was notorious for nearly leading the country in methamphetamine labs per capita. Attorney General Shurtleff took the meth problem to the legislature, fought for better laws, focused on tough enforcement and today, Utah is among the lowest states in the country for meth production. Attorney General Shurtleff received a bachelor's degree from Brigham Young University and his law degree from the University of Utah College of Law.

Joe Steele earned a bachelor's degree in anthropology from Northern Arizona University in 1972 before going on to receive his Juris Doctor degree from University of Utah in 1975. A member of the California and Utah State Bars, Joe's legal specialties include catastrophic injury, products liability, medical negligence, and attorney general actions / drug litigation.

Mitch Jensen graduated from Brigham Young University with a bachelor's degree in business in 1978. After completing law school at Pepperdine University in 1981, he became a member of the State Bars of California and Utah. Along with Ned Siegfried, Mitch co-founded what is now one of the top personal injury law firms in the Salt Lake City, Utah area, where he specializes in personal injury auto litigation, product liability, and pharmaceutical injuries. Associating with clients is the most rewarding aspect of Mitch's work, as he is inspired by people who overcome significant trials and challenges. He considers the greatest people he knows to be his clients and the attorneys and staff who help them fight to restore their lives and families. In his spare time, Mitch enjoys sports, outdoor activities, spending time with his family, and traveling.

Siegfried & Jensen provides top-notch legal services to residents of Salt Lake City and throughout Utah. The firm's personal injury lawyers have the experience, knowledge, and drive to achieve the just compensation that victims of negligence deserve for the hardships they must face. The firm's 16 skilled attorneys specialize in a variety of fields to offer knowledgeable legal advice and emotional support to injured victims.



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   Legal Resource
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. Medicare fraud advanced prosthetic devices
 
 
 
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