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Legal News

Legal News Post

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Last Entry: June 14, 2013 at 11:45:50

NJ court: Special US Senate election in Oct. OK

Posted on June 14, 2013
A special U.S. Senate election to replace the late Democratic Sen. Frank Lautenberg can be held in October, as it was scheduled by Republican Gov. Chris Christie, a state court ruled Thursday. The ruling could be appealed. And while it keeps an election on course it does not seem likely to chill criticism of the popular governor for how he chose to replace Lautenberg, the Senate's oldest member, who died last week at age 89...

Court says human genes cannot be patented

Posted on June 13, 2013
The Supreme Court ruled Thursday that companies cannot patent parts of naturally-occurring human genes, a decision with the potential to profoundly affect the emerging and lucrative medical and biotechnology industries. The high court's unanimous judgment reverses three decades of patent awards by government officials...

Court: Texas inmate's decades-old sentence invalid

Posted on June 12, 2013
The life sentence given to a Texas man who has remained in prison for 33 years since being pulled off of death row isn't valid, Texas' highest criminal court said Wednesday, possibly paving the way for a new trial or the inmate's release. The Texas Court of Criminal Appeals said once it overturned Jerry Hartfield's murder conviction in 1980 for the killing of a bus station worker four years earlier, there was no longer a death sentence for then-Gov...

Battle between SC Episcopalians back state court

Posted on June 11, 2013
The legal fight between two factions of South Carolina Episcopalians will be decided in state court. U.S. District Judge C. Weston Houck has issued an order saying the federal court has no jurisdiction and hearing the case would disrupt the balance between state and federal courts...

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Court: $1M coverage for Conn. fire victim families

Posted on June 11, 2013
Families suing the operator of a Hartford nursing home where 16 patients died in a 2003 fire suffered a setback Monday, when the Connecticut Supreme Court ruled that the home's insurance coverage was $1 million instead of the $10 million claimed by the victims' relatives...

ID court rules man can face felony stalking charge

Posted on June 10, 2013
The Idaho Court of Appeals has ruled that allegedly violating a Washington-issued no-contact order is sufficient to elevate charges against an Idaho man to felony first-degree stalking. The judges on Friday reversed a 2nd District Court decision that had reduced charges against Paul Carey Hartzell to second-degree stalking, a misdemeanor...

Intel chair says NSA court order is renewal

Posted on June 07, 2013
The chairwoman of the Senate Intelligence committee says the top secret court order for telephone records of millions of U.S. customers of Verizon is a three-month renewal of an ongoing practice. Democratic Sen. Dianne Feinstein of California spoke to reporters at a Capitol Hill news conference on Thursday after the Obama administration defended the National Security Agency's need to collect the records...

Conn. court declines to address email warrants

Posted on June 07, 2013
The Connecticut Supreme Court has declined to address whether state judges can issue search warrants for email accounts maintained by out-of-state companies like Google. The court took up the issue in the case of former Monroe youth minister David Esarey, who was sentenced in May 2010 to six years in prison for sexually assaulting a 15-year-old girl and trading nude photos with her...

Court OKs Class-action Suit Over Apartment Leases

Posted on June 05, 2013
An appeals court has certified a class-action lawsuit that seeks to invalidate provisions that are routinely included in apartment leases signed by University of Iowa students. The Iowa Court of Appeals ruled Thursday that tenants of landlord Tracy Barkalow can have a trial to challenge lease provisions that critics say are illegal and unfairly shift costs and liability from landlords to tenants...

US Supreme Court orders 6 death row cases reviewed

Posted on June 04, 2013
The U.S. Supreme Court on Monday sent the cases of six Texas death row inmates, including one of the infamous "Texas 7" gang of escapees, back to a lower court for reviews of whether attorneys in earlier stages of appeals let the men down. The decisions are in line with last week's ruling in another Texas case where the justices, in a 5-4 vote, said a condemned prisoner had deficient legal help early because appeals lawyers didn't raise challenges that his trial lawyers were ineffective...

San Diego Personal Injury Attorney - McDonnell Law

Posted on June 03, 2013
When you or a loved one has been injured and need professional help with your personal injury case, McDonnell Law is here for you. Getting injured due to negligence can have serious consequences and should not be determine your future. It is important to hire a skilled attorney on your behalf to fight for every right to get justice served...

Court Upholds Rifle Sales Reporting Requirement

Posted on June 01, 2013
A federal appeals court panel has unanimously upheld an Obama administration requirement that dealers in southwestern border states report when customers buy multiple high-powered rifles. The firearms industry trade group, the National Shooting Sports Foundation, and two Arizona gun sellers argued that the administration overstepped its legal authority in the 2011 regulation, which applies to gun sellers in California, Arizona, New Mexico and Texas...

Chicago man pleads guilty in NY hacking case

Posted on May 30, 2013
A self-described anarchist and "hacktivist" from Chicago pleaded guilty Tuesday to charges he illegally accessed computer systems of law enforcement agencies and government contractors. "As part of each of these hacks, I took and decimated confidential information stored on computer systems websites used by each of the entities," Jeremy Hammond told a judge in federal court in Manhattan...

Wal-Mart pleads guilty in hazardous waste

Posted on May 29, 2013
Wal-Mart Stores Inc. will pay $81.6 million after pleading guilty on Tuesday to criminal charges of improperly disposing of fertilizer, pesticides and other hazardous products that were pulled from stores in California and Missouri because of damaged packaging and other problems...

Court stays out of Planned Parenthood funding case

Posted on May 28, 2013
Indiana will likely stop defending a law that stripped Medicaid funds from Planned Parenthood after the Supreme Court declined to hear the case Tuesday, an attorney who represents the nation's largest abortion provider said. Indiana is among more than a dozen states that have enacted or considered laws to prevent taxpayers' money from funding organizations that provide abortion...

Court denies second hearing on Medi-Cal rate cut

Posted on May 25, 2013
A federal appeals court on Friday denied a second request by California doctors, pharmacists and hospitals seeking to undo the state's 10 percent provider rate cut for treating the poor. The 9th U.S. Circuit Court of Appeals denied an appeal from medical providers to rehear their case, which allows Gov...

Oil leasing dispute heads to federal court

Posted on May 24, 2013
Attorneys for the government and the oil industry will square off against environmental groups Friday in federal court in Montana in a dispute over greenhouse-gas emissions from oil and gas drilling. The Montana Environmental Information Center and two other groups want U...

Court: US can keep bin Laden photos under wraps

Posted on May 23, 2013
A federal appeals court is backing the U.S. government?s decision not to release photos and video taken of Osama bin Laden during and after a raid in which the terrorist leader was killed by U.S. commandos. The three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia turned down an appeal Tuesday from Judicial Watch, a conservative watchdog group, which had filed a Freedom of Information Act request for the images...

Judge OKs class-action settlement over Skechers

Posted on May 23, 2013
A federal judge approved a $40 million class-action settlement Monday between Skechers USA Inc. and consumers who bought toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles. U.S. District Judge Thomas B...

Court strikes down Arizona 20-week abortion ban

Posted on May 23, 2013
A federal court in San Francisco Tuesday struck down Arizona's ban on abortions after 20 weeks of pregnancy. The 9th U.S. Circuit Court of Appeals ruled that the law violates a string of U.S. Supreme Court rulings starting with Roe v. Wade that guarantees a woman's right to an abortion before a fetus is able to survive outside the womb...

Appeals court allows capital retrial of Wolfe

Posted on May 22, 2013
A federal appeals court will allow a capital murder case to proceed against an accused drug kingpin from northern Virginia. In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release...

IMF head Lagarde in court in fraud probe

Posted on May 21, 2013
International Monetary Fund chief Christine Lagarde is facing questions at a special Paris court Thursday over her role in the 400 million euro ($520 million) pay-off to a controversial businessman when she was France's finance minister. The court hearing threatens to sully the reputations of both Lagarde and France...

Court dismisses lawsuits in power plant deaths

Posted on May 14, 2013
The Colorado Court of Appeals has dismissed lawsuits against three companies in the deaths of five workers at a power plant in 2007. The appeals court agreed Thursday with a judge that there was no evidence that the companies violated duties or failed to provide adequate warnings of a fire hazard...

Court shoots down Yakama tobacco company lawsuit

Posted on April 12, 2013
A federal judge has ruled that a tobacco manufacturer owned by a Yakama Nation tribal member must pay into an escrow account established under a 1998 settlement with big tobacco companies. The 1998 settlement required big tobacco companies to pay money to 46 states each year to offset public health costs from their products...

Court: EPA can stop some power plant modifications

Posted on April 02, 2013
A federal appeals court says government regulators can try to halt construction projects at power plants if they think the companies didn't properly calculate whether the changes would increase air pollution. The U.S. Environmental Protection Agency sued DTE Energy in 2010 because the company replaced key boiler parts at its Monroe Unit 2 without installing pollution controls that are required whenever a utility performs a major overhaul...

Court: EPA can stop some power plant modifications

Posted on April 01, 2013
A federal appeals court says government regulators can try to halt construction projects at power plants if they think the companies didn't properly calculate whether the changes would increase air pollution. The U.S. Environmental Protection Agency sued DTE Energy in 2010 because the company replaced key boiler parts at its Monroe Unit 2 without installing pollution controls that are required whenever a utility performs a major overhaul...

US appeals court grants Hobby Lobby full hearing

Posted on March 31, 2013
A federal appeals court has granted Hobby Lobby's request for the entire court to hear its challenge of a federal requirement that it provide insurance coverage for the morning-after pill and similar emergency contraceptives. The 10th U.S. Circuit Court of Appeals announced its decision Friday...

NY top court OKs tax on online sellers like Amazon

Posted on March 29, 2013
New York's highest court ruled Thursday the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax law violates the U.S. Constitution's Commerce Clause. The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U...

Court considers Calif. prison mental health care

Posted on March 26, 2013
A federal judge in Sacramento is set to hear arguments Wednesday over Gov. Jerry Brown's push to regain state control of inmate mental health care after 18 years of federal oversight and billions of dollars spent to improve treatment. Lawyers representing the state argue that California is now providing a constitutional level of care to its prison inmates, while attorneys for the inmates say more improvement is needed...

Court says Guam man can sue gov't over surgery

Posted on March 04, 2013
The Supreme Court says a Guam man can sue the government for a Navy surgeon's unsuccessful cataract surgery. A unanimous court ruled on Monday for Steven Alan Levin, who was operated on in March 2003 at the United States Naval Hospital in Guam, a U.S...

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