114 entries in 'Legal Business'
2017/07/18   Kansas faces skeptical state Supreme Court on school funding
2017/07/11   Supreme Court deadline nears for suit over wetland loss
2017/07/07   More court challenges expected for Trump's new travel ban
2017/06/21   EU Court: Vaccines Can Be Blamed for Illnesses Without Proof
2017/06/21   High Court ruling may hurt claims of talc link to cancer
2017/06/15   Groups sue seeking court oversight of Chicago police reforms
2017/06/06   Court to hear challenge to speed up California executions
2017/06/03   Trump admin asks Supreme Court to restore travel ban
2017/05/29   Court: Russian hacker can be extradited to US or Russia
2017/05/22   Former Maricopa County Sheriff Joe Arpaio loses another round in court
2017/05/15   Court likely to question if Trump's travel ban discriminates
2017/05/13   South Dakota and Flandreau Santee Sioux tribe clash in court
2017/05/10   Man arrested near UK Parliament in court on terror charges
2017/05/06   Indiana high court rejects appeal in malnourished teen case
2017/05/05   Trump 'absolutely' considered breaking up 9th Circuit Court
2017/05/01   Indiana high court to take up police unreasonable force case
2017/04/29   4th Arkansas inmate executed in 8 days lurches on gurney
2017/04/26   Judge W. Brent Powell Appointed to Missouri Supreme Court
2017/04/22   White officer headed to court ahead of civil rights trial
2017/04/04   Arkansas asks court to block order on execution drugs
2017/03/30   S Korea's Park questioned at court hearing on arrest request
2017/03/06   Oklahoma tribe sues oil companies in tribal court over quake
2017/02/12   Partisan struggle over NC governor's authority back in court
2017/01/05   Appeals court: Minnesota sex offender program constitutional
2016/12/05   Alabama inmate seeks execution stay from US Supreme Court
2016/10/28   Ted Cruz's Supreme Court remark draws White House criticism
2016/10/24   High court steps into fight on Vanderbilts' Breakers mansion
2016/10/19   As time runs out, dozens of judge nominees waiting on Senate
2016/10/17   Lithuania wants Gorbachev to testify in war crimes trial
2016/10/14   Free-speech rights of panhandlers argued in court
2016/09/28   Suspected people smuggler charged in Australian court
2016/09/12   Appeals court sympathetic to voting rules challenge
2016/08/23   Court considers Kansas rule that voters prove citizenship
2016/07/14   Appeals court orders Utah to fund Planned Parenthood branch
2016/07/13   Kyrgyzstan sends case of jailed journalist back to court
2016/07/12   Candidate filing begins Monday for appeals court seat
2016/06/09   Bollywood filmmaker challenges censoring of drug-abuse film
2016/06/07   High court rejects Google's appeal in class action lawsuit
2016/05/11   Planned Parenthood shooting defendant returning to court
2016/04/15   Obama's power over immigration drives Supreme Court dispute
2016/04/06   New York's top court: Parents can legally eavesdrop on kids
2016/03/24   Karadzic convicted of genocide, sentenced to 40 years
2016/03/15   White S.C. trooper pleads guilty in shooting of unarmed black man
2016/02/25   Court records: Apple's help sought in another iPhone case
2016/02/10   Supreme Court puts Obama's climate change plan on hold
2016/01/12   High court rejects appeal over Homeland Security records
2015/12/18   Japan court says requiring same surname in marriage is legal
2015/12/03   Court papers: Witness ID'd man in playground shooting
2015/11/17   Ruling gives Sandusky back $4,900-a-month Penn State pension
2015/11/07   Mississippi Supreme Court narrowly grants same-sex divorce
2015/11/02   California appeals court rejects right-to-die lawsuit
2015/10/16   Court again considers fate of seized gold coins worth $80M
2015/09/30   El Paso abortion clinic reopens amid Texas court battles
2015/09/23   Court suspends Pennsylvania attorney general's law license
2015/09/22   Court quashes some District of Columbia gun laws
2015/09/04   Clerk in gay marriage case to appear in federal court
2015/08/01   Federal report finds bias in St. Louis County family court
2015/07/28   Zimbabweans linked to illegal lion hunt appear in court
2015/07/22   Crimean Filmmaker Pleads Not Guilty in Terrorism Trial
2015/07/20   Wife says Chinese rights lawyer being denied legal counsel
2015/06/04   Brazil court convicts 2 firefighters in nightclub fire
2015/06/01   High court: Bankrupt homeowners can't void second mortgage
2015/03/31   Court rejects Duncan's death sentence appeal
2015/01/12   High court won't hear challenge to Vermont campaign law
2014/11/08   New York International Criminal Law Attorney
2014/09/04   Texas abortion clinic to reopen after court ruling
2014/07/11   Apple wins EU court case on store design trademark
2014/04/15   SC Supreme Court hears appeal in fatal dog attack
2014/03/05   Court: Broad protection for whistleblowers
2014/02/13   Nevada Officials Won't Defend Gay Marriage Ban
2014/01/27   Lawmakers push back against Washington high court
2014/01/20   Texas Supreme Court limits insurance exclusions
2014/01/06   Supreme Court Puts Utah Same-Sex Marriage on Hold
2013/12/23   Gay couples wed in Utah after judge overturns ban
2013/12/12   Court: Exec guilty over faulty French implants
2013/12/02   Seattle lawyer left $188 million charitable trust
2013/11/19   Spain court rejects handing pedophile to Morocco
2013/11/08   High court wrestles with prayer in government
2013/11/02   The Mavroudis & Guarino Litigation Group
2013/08/26   SC trial lawyer Ron Motley dies at age 68
2013/08/06   Federal court officials fear budget cuts
2013/07/13   Iowa top court: Firing of attractive aide is legal
2013/06/04   US Supreme Court orders 6 death row cases reviewed
2013/05/14   Court dismisses lawsuits in power plant deaths
2013/01/18   Lawyer questions memory of Philadelphia accuser
2013/01/10   Court weighs warrantless blood tests in DUI cases
2012/10/27   Fla. to execute mass killer after court lifts stay
2012/10/19   Supreme Court views not 'liberal or conservative'
2012/10/08   Ex-NFL WR Hurd pleads not guilty to new charges
2012/09/29   Federal court upholds Texas open meetings law
2012/09/20   MacDonald goes to court in 'Fatal Vision' case
2012/09/05   W.Va. court hears 'rescue' funding arguments
2012/08/29   Ohio man pleads not guilty to Pitt threat charges
2012/08/22   Appeals court affirms oil company polar bear rules
2012/08/08   Appeals court affirms that cheering is not a sport
2012/08/03   Court spurns religious claim to name change
2012/07/20   Goldman agrees to settle mortgage debt class action
2012/05/07   Fed court reverses order for VA system overhaul
2012/01/31   Bernstein Liebhard LLP Announces Class Action
2011/07/11   Law Firm To Collect $35M In Forfeited Bonds
2011/05/05   Nevada Supreme Court hosting Law Day Live program
2011/04/27   Conn. high court hears death penalty appeal
2011/03/10   Lawyer-legislator says ethics opinion clears Prattville lawmaker
2011/02/02   Too big to stop? Obama's overhaul lumbers on
2010/01/05   UW Madison's patenting arm wins lawsuit
2009/11/23   Lawsuit: Botched Diagnosis Led to 30-Year-Old New York Teacher's Brain Hemorrhage Death
2009/09/21   Microsoft Lawsuit Shows Malicious Advertising a Growing Issue
2008/10/24   GOP argument: Don't give President Obama a blank check
2008/03/19   Mayor Addresses Philadelphia Bar Association
2008/03/09   Upcoming NY Events in the Legal Community
2008/02/29   Upcoming Events in the NY Legal Community
2008/02/28   National Institute on White Collar Crime March 5-7
2008/02/27   Advanced Negotiation & Dispute Resolution Seminar
2008/02/26   Brooklyn Bar Assoc. Hosts New Appellate Justices


Kansas faces skeptical state Supreme Court on school funding
Legal Business | 2017/07/18 21:25
Attorneys for Kansas will try to convince an often skeptical state Supreme Court on Tuesday that the funding increase legislators approved for public schools this year is enough to provide a suitable education for kids statewide.

The high court is hearing arguments about a new law that phases in a $293 million increase in education funding over two years. The justices ruled in March that the $4 billion a year in aid the state then provided to its 286 school districts was inadequate, the latest in a string of decisions favoring four school districts that sued Kansas in 2010.

The state argues that the increase is sizable and that new dollars are targeted toward helping the under-performing students identified as a particular concern in the court's last decision.

But lawyers for the Dodge City, Hutchinson, Wichita and Kansas City, Kansas, school districts argue that lawmakers fell at least $600 million short of adequately funding schools over two years. They also question whether the state can sustain the spending promised by the new law, even with an income tax increase enacted this year.

The court has ruled previously that the state constitution requires legislators to finance a suitable education for every child. In past hearings, justices have aggressively questioned attorneys on both sides but have not been shy about challenging the state's arguments.

The court is expected to rule quickly. Attorneys for the districts want the justices to declare that the new law isn't adequate and order lawmakers to fix it by Sept. 1 — only a few weeks after the start of the new school year.


Supreme Court deadline nears for suit over wetland loss
Legal Business | 2017/07/11 15:46
A Louisiana flood board is nearing a deadline for asking the U.S. Supreme Court to review its lawsuit seeking to make oil and gas companies pay for decades of damage to coastal wetlands.

Federal district and appeals courts have rejected the lawsuit, which was met by fierce opposition from the energy industry and many in state government when it was filed in 2013. The suit by the Southeast Louisiana Flood Protection Authority East said drilling and dredging activity contributed to loss of wetlands that form a hurricane buffer for New Orleans.

Oil industry supporters have labeled the lawsuit an attack on a vital industry. Tuesday marks the deadline for the flood board attorneys to seek Supreme Court review after their last defeat in April.

A federal district judge's 2015 ruling held that federal and state law provided no avenue by which the board could bring the suit.

A three judge panel of the 5th U.S. Circuit Court of Appeals upheld the ruling in March and the full 15-member court refused a rehearing in April. Lawyers for the flood board had a 90-day window to seek Supreme Court review.

Flood authority lawyers have argued that the flood board has the right to seek compensation for levee damage under the federal Rivers and Harbors Act. They also argued that federal judges should not have allowed the case to be moved to federal court from the state court where it originally was filed.

Meanwhile, some coastal parishes are pursuing coastal damage suits in state courts on different legal grounds. Gov. John Bel Edwards, a Democrat, has urged the energy companies to work toward a settlement. Industry leaders have resisted, saying the suits are meritless.



More court challenges expected for Trump's new travel ban
Legal Business | 2017/07/07 23:28
A scaled-back version of President Donald Trump's travel is now in force, stripped of provisions that brought protests and chaos at airports worldwide in January yet still likely to generate a new round of court fights. The new rules, the product of months of legal wrangling, aren't so much an outright ban as a tightening of already-tough visa policies affecting citizens from six Muslim-majority countries.

Refugees are covered, too. Administration officials promised that implementation this time, which started at 8 p.m. EDT, would be orderly. Customs and Border Protection spokesman Dan Hetlage said his agency expected "business as usual at our ports of entry," with all valid visa holders still being able to travel. Still, immigration and refugee advocates are vowing to challenge the new requirements and the administration has struggled to explain how the rules will make the United States safer.

Under the temporary rules, citizens of Syria, Sudan, Somalia, Libya, Iran and Yemen who already have visas will be allowed into the United States. But people from those countries who want new visas will now have to prove a close family relationship or an existing relationship with an entity like a school or business in the U.S. It's unclear how significantly the new rules will affect travel. In most of the countries singled out, few people have the means for leisure travel. Those that do already face intensive screenings before being issued visas. Nevertheless, human rights groups girded for new legal battles.

The American Civil Liberties Union, one of the groups challenging the ban, called the new criteria "extremely restrictive," ''arbitrary" in their exclusions and designed to "disparage and condemn Muslims." The state of Hawaii filed an emergency motion Thursday asking a federal judge to clarify that the administration cannot enforce the ban against relatives — such as grandparents, aunts or uncles — not included in the State Department's definition of "bona fide" personal relationships.

Los Angeles City Attorney Mike Feuer met with customs officials and said he felt things would go smoothly. "For tonight, I'm anticipating few issues because, I think, there's better preparation," he told reporters at Los Angeles International Airport on Thursday night. "The federal government here, I think, has taken steps to avoid the havoc that occurred the last time."
Much of the confusion in January, when Trump's first ban took effect, resulted from travelers with previously approved visas being kept off flights or barred entry on arrival in the United States. Immigration officials were instructed Thursday not to block anyone with valid travel documents and otherwise eligible to visit the United States.


EU Court: Vaccines Can Be Blamed for Illnesses Without Proof
Legal Business | 2017/06/21 22:54
The highest court of the European Union ruled Wednesday that courts can consider whether a vaccination led to someone developing an illness even when there is no scientific proof.

The decision was issued on Wednesday in relation to the case of a Frenchman known as Mr. J.W., who was immunized against hepatitis B in late 1998-99. About a year later, Mr. J.W. was diagnosed with multiple sclerosis. In 2006, he and his family sued vaccine-maker Sanofi Pasteur in an attempt to be compensated for the damage they claim he suffered due to the vaccine. Mr. J.W. died in 2011.

France's Court of Appeal ruled there was no causal link between the hepatitis B vaccine and multiple sclerosis, and dismissed the case. Numerous studies have found no relationship between the hepatitis B shot and multiple sclerosis.

After the case went to France's Court of Cassation, it was brought to the European Union. On Wednesday, the EU's top court said that despite the lack of scientific consensus on the issue, a vaccine could be considered defective if there is "specific and consistent evidence," including the time between a vaccine's administration and the occurrence of a disease, the individual's previous state of health, the lack of any family history of the disease and a significant number of reported cases of the disease occurring following vaccination.

In a statement, the court said that such factors could lead a national court to conclude that "the administering of the vaccine is the most plausible explanation" for the disease and that "the vaccine therefore does not offer the safety that one is entitled to expect." It did not rule on the specific French case.





High Court ruling may hurt claims of talc link to cancer
Legal Business | 2017/06/21 22:54
A Supreme Court ruling this week could have a "chilling effect" on the many lawsuits filed in St. Louis claiming talcum powder causes a deadly form of cancer in women, including cases under appeal in which stricken women and their survivors have been awarded more than $300 million, experts said Tuesday.

Justices ruled 8-1 Monday that hundreds of out-state-residents can't sue Bristol-Myers Squibb Co. in California state court over adverse reactions to the blood thinner Plavix. It followed a similar ruling in May related to out-of-state injury claims against BNSF Railway Co. Both were seen as wins for companies opposed to "venue shopping," in which those filing suit seek out favorable state courts.

Almost immediately after the Supreme Court ruling, St. Louis Circuit Judge Rex Burlison declared a mistrial in a Missouri state court case in which three plaintiffs, two from out-of-state, sued Johnson & Johnson, claiming its talcum powder caused ovarian cancer.

More than 1,000 others have filed similar lawsuits in St. Louis against Johnson & Johnson, but most don't live in Missouri. Five trials have already taken place over the past 16 months. In four of those cases, jurors awarded more than $300 million combined.

Johnson & Johnson believes that the Supreme Court ruling "requires reversal of the talc cases that are currently under appeal in St. Louis," spokeswoman Carol Goodrich said in an email. She said the ruling "makes it clear that Johnson & Johnson was wrongfully forced to defend itself in multiple trials in Missouri, a state with no connection to the plaintiffs."

Jim Onder, whose suburban St. Louis-based law firm is representing many women and survivors who filed suit, said Missouri is a proper venue because Johnson & Johnson, though based in New Jersey, uses a factory in Union, Missouri, to package and label talcum products.



Groups sue seeking court oversight of Chicago police reforms
Legal Business | 2017/06/15 05:49
Several leading community groups filed a class-action lawsuit against the city of Chicago Wednesday in a bid to bypass or even scuttle a draft agreement between the city and the U.S. Department of Justice that seeks to reform the nation's second largest police force without federal court oversight.

The more than 100-page lawsuit filed in U.S. District Court in Chicago argues that an overhaul of Chicago's 12,000-officer force in the wake of a damning civil rights report in January can't work without the intense scrutiny of a court-appointed monitor answerable to a judge.

"Absent federal court supervision, nothing will improve," the lawsuit says. "It is clear that federal court intervention is essential to end the historical and on-going pattern and practice of excessive force by police officers in Chicago."

While President Donald Trump's attorney general, Jeff Sessions, has expressed skepticism about court involvement, President Barack Obama's administration saw it as vital to successful reforms. Obama's Justice Department typically took a city reform plan to a judge to make it legally binding in the form of a consent decree.

Wednesday's lawsuit — which names Black Lives Matters Chicago among the plaintiffs — asks for a federal court to intervene and order sweeping reforms to end the "abusive policies and practices undergirding the alleged constitutional and state law violations."

Mayor Rahm Emanuel's administration said earlier this month that a draft deal negotiated by the city and the Justice Department — one that foresees a monitor not selected by a court — is being reviewed in Washington. Justice Department spokesman Devin O'Malle cautioned last week that "there is no agreement at this time."

A lead attorney in the new lawsuit, Craig Futterman, a University of Chicago law professor and outspoken advocate for far-reaching police reforms, said in a telephone interview that reports about the draft influenced the decision to sue now.


Court to hear challenge to speed up California executions
Legal Business | 2017/06/06 15:49
The California Supreme Court will hear arguments Tuesday over a ballot initiative designed to speed up executions that could fundamentally change the way the court handles death penalty appeals.

Death penalty opponents are challenging a ballot measure passed by a slim majority of voters in November that aimed to reform a dysfunctional system that hasn't executed a condemned killer in more than a decade.

Foes of capital punishment argue that Proposition 66 was unconstitutional because it would take power away from the state's high court to decide how it handles cases and it would disrupt the court system, cost the state more money and undermine the appeals process.

If allowed to take effect, the measure would require more lawyers to take death penalty appellate cases, some trial court judges would be assigned appeals and all state appeals would have to be completed in five years, which is about a third of the time it typically takes.

With a backlog of 380 death penalty appeals, there's concern judges would be overwhelmed trying to speed through appeals, said Elisabeth Semel, a law professor at University of California, Berkeley, who consulted for death penalty opponents on the case.

"There's an enormous ripple effect to that," said Semel, who directs the school's death penalty clinic. "The attention the justices can pay to each individual case is significantly diminished. When you're talking about life and death, that's important."

The ballot initiative supported by 51 percent of voters was designed to "mend not end" capital punishment in California, where nearly 750 inmates are on Death Row and only 13 have been executed since 1978.

A competing measure to repeal capital punishment lost by a slightly wider margin. Both sides acknowledged the current system is broken.



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