Appeals court OKs warrantless GPS tracking by feds
Areas of Focus | 2010/08/30 16:08

The U.S. Court of Appeals for the Ninth Circuit earlier this month declined to schedule an en banc hearing, or a hearing before all judges in the ninth circuit, as requested by the defendant in a drug-related case. The defendant was seeking to suppress evidence gathered against him by federal agents who attached a GPS device to his vehicle without first obtaining a warrant.

The defendant, Juan Pineda-Moreno of Oregon, claims that U.S. Drug Enforcement Agency agents violated his Fourth Amendment rights against unreasonable search by planting, without a warrant, a tracking device on a vehicle parked in his driveway in 2007. The agents were tracking Pineda-Moreno on suspicion that he belonged to a marijuana growing operation.

A three-judge panel of the appellate court in January rejected Pineda-Moreno's claims and ruled that his constitutional rights were not violated. The court this month rejected a petition by Pineda-Moreno for a rehearing of his case by the full Ninth Circuit panel of judges.

The appellate court's ruling essentially gives law enforcement agencies in the nine Western states under the Ninth Circuit's jurisdiction the legal authority to surreptitiously enter personal property and attach a GPS tracking device on vehicles parked there without first obtaining a warrant.



Thousands sign on for $10 billion BP suit
Legal Topics | 2010/08/30 16:08

The revelation that BP's Texas City refinery emitted toxic benzene for more than a month has ignited a furor in the port community that has suffered its share of deadly industrial accidents and toxic spills.

Thousands of residents who fear they may have been exposed to the known carcinogen released at the oil refinery from April 6 to May 16 have been flooding parking lots and conference halls where local trial attorneys hosted information sessions and sought clients for class-action lawsuits against the oil giant.

BP faces the new challenge just as it is reaching a key milestone in another crisis — plugging the Gulf of Mexico well that blew out in an oil spill disaster that is costing the company billions of dollars.

On Wednesday, more than 3,400 people lined the hallways and sidewalks around the Nessler Center to sign on to a $10 billion class-action lawsuit filed Tuesday in Galveston federal court by Friendswood attorney Anthony Buzbee.

The lawsuit alleges the release of 500,000 pounds of chemicals - including 17,000 pounds of benzene - has jeopardized the health and property values of people who live and work in the area. At the nearby College of the Mainland, a separate town hall meeting drew a crowd of 600.

"I've never seen anything like this," Buzbee said, looking at the lines waiting to enter a large room at the civic center where lawyers helped people fill out paperwork. "I can't believe this is mass hysteria and that everybody here is a faker," Buzbee said.

Webster-based lawyer Chad Pinkerton said he's met with about 8,000 residents over the past week. "I believe this is probably the largest prolonged release in Texas history and many, many people are sick," he said.

Word of the lawsuits spread this week, propelled in part by rumors that BP was cutting checks to head off the benzene claims from the $20 billion fund established to pay claims related to the oil spill.



Toyota Recalls Corolla Sedans and Matrix Hatchbacks
Areas of Focus | 2010/08/30 10:07

The popularity of Toyota took another blow last week as the company announced another in what seems to be a regular series of recalls.

Apparently there have been issues with stalling engines in the 2005 through 2008 Matrix Hatchbacks and Corolla Sedans. This particular recall encompasses over one million cars sold in the United States and Canada.

The repercussions of the ongoing recalls can be clearly seen in the value of the stock for Toyota, and a widespread wave of negative feedback from Toyota owners. Sales of Toyota vehicles have dropped considerably this year on a nationwide level.

If you own one of these models, Toyota has announced that you will be receiving a notification of the recall sometime during the month of September. If you do not receive a notification, visit the dealership that sold you the car for further action.



Shapiro & Fishman accuses McCollum of grandstanding
Attorney News | 2010/08/23 16:14

Law firm Shapiro & Fishman has accused Attorney General Bill McCollum of pre-election grandstanding and “abuse of power” in connection with McCollum’s recent announcement that his office is conducting a foreclosure fraud investigation into that firm and two others.

The allegations are in response to a coordinated investigation announced by McCollum during an Aug. 10 press conference. McCollum said his office is looking at whether the three South Florida firms engaged in unfair and deceptive actions in their handling of foreclosure cases.

The other firms were the Law Offices of Marshall C. Watson in Fort Lauderdale and the Law Offices of David J. Stern, P.A. in Plantation.

The firm’s response came Friday in a motion to quash a subpoena in Palm Beach County Circuit Court.



Ruling overturning Prop 8 shaped for higher courts?
Legal Topics | 2010/08/23 16:14

When U.S. District Judge Vaughn Walker struck down California's Proposition 8—the 2008 ballot initiative to outlaw gay marriage—he said the motivation for the majority of voters was clear.

"The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples," Walker wrote in his sweeping, 136-page decision announced August 4 in San Francisco. "These interests do not provide a rational basis for supporting Proposition 8."

In Walker's reasoning, religion amounts to a "private moral view," which should not infringe upon the constitutional rights of others. While some legal scholars say Walker's decision lands on firm legal ground—a law must advance a secular purpose to pass constitutional muster—some religious leaders accuse the judge of trying to scrub faith from the public square.

On August 5, Prop 8's supporters filed an appeal of Walker's decision. Jim Campbell, an attorney with the Alliance Defense Fund, a conservative Christian law firm involved in the litigation, said the religious freedom argument will play an important role as the case moves up the federal judicial ladder—including, potentially, the U.S. Supreme Court.



Doctor charged in Jackson's death due in court
Headline Legal News | 2010/08/23 16:14

The doctor charged in Michael Jackson's death is due back in court for a scheduling hearing that will determine when prosecutors will publicly present some of their evidence.

Dr. Conrad Murray is required to attend Monday's hearing, during which a Los Angeles judge is expected to schedule a preliminary hearing for later this year.

The judge will decide at that hearing whether there is enough evidence for the involuntary manslaughter case against the cardiologist to continue. Murray, who maintains offices in Las Vegas and Houston, was charged in February for administering a lethal dose of anesthetic propofol to Jackson.

Murray has pleaded not guilty and his attorneys have said the physician did not give Jackson anything that "should have" killed him.



Paralegal, husband indicted in $1 million law-firm embezzlement
Headline Legal News | 2010/08/18 02:29

A paralegal and her husband have been indicted on suspicion of embezzling more than $1 million from the law firm where she worked.

The suspects are Rosanne and Michael Stogner. A grand jury indicted them this month in a series of thefts from Oaxaca, Bernal & Associates between March 2001 and May 2007.

Rosanne Stogner declined Monday to talk about the charges and her attorney, Dolph Quijano, did not return calls.

Rosanne Stogner was employed at the law firm at 1515 Montana as a paralegal and an office manager from 1999 to 2007, according to a complaint affidavit by police. Her responsibilities included preparing case files and paying bills.

But she also allegedly paid herself money to which she was not entitled.

Police alleged in the affidavit that Stogner made out checks to herself, to her husband, to his fence company and even to her daughter's personal trainer.



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