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Court OKs Class-action Suit Over Apartment Leases
Legal Topics |
2013/06/05 15:50
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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.
The provisions being challenged include fees that are deducted from security deposits for cleaning regardless of an apartment's condition and requirements that tenants pay for damage in common areas and routine repairs.
The Iowa City Tenants Project, which is representing the plaintiffs, has said the class could include 240 tenants but the case will have a broader reach since those provisions are the ``industry standard.'' |
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US Supreme Court orders 6 death row cases reviewed
Legal Business |
2013/06/04 15:57
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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.
The high court returned the cases to the 5th U.S. Circuit Court of Appeals for review. None of the six has a pending execution date, although some had come close to being put to death in the past before their punishment was delayed by the courts.
Among the condemned prisoners is Donald Newbury, 51, one of seven inmates who broke out of a South Texas prison in 2000. One fugitive killed himself as Colorado authorities closed in on the gang. The remaining six were convicted of killing a suburban Dallas police officer Aubrey Hawkins during a Christmas Eve robbery in Irving in 2000. Two of the six already have been executed. |
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San Diego Personal Injury Attorney - McDonnell Law
Court Watch |
2013/06/03 15:58
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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.We will answer all your concerns and questions regarding your specific case in order to determine if you are qualified to file for a personal injury lawsuit.
Located in beautiful San Diego, McDonnell Law practices in all areas of personal injury and is here to fight for your rights and to represent you in your case. No injury is too minor for us. McDonnell Law handles every case and every client with the attention they deserve and will work hard to get the results you want. Contact Attorney Xavier K.
Personal injury cases can impact you and your loved one's lives in a major way and cause emotional and financial burdens to your future. You can lessen some of these stresses or even completely avoid them by contacting McDonnell Law as soon as possible. We will aggressively fight for the compensation you deserve and take the crucial steps to get the best possible outcome.
We are here to assist you during a difficult time. Don't hesitate to call and speak with us today. We are serious and competent when dealing with insurance companies, knowing when to take your claim to court should the negligent party's insurance company be unable to satisfy your claim fairly and in a timely manner.
San Diego Personal Injury Attorney
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Court Upholds Rifle Sales Reporting Requirement
Legal Topics |
2013/06/01 17:46
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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.
But the three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said that the requirement was "unambiguously" authorized under the Gun Control Act of 1968.
The challengers argued that the requirement unlawfully creates a national firearms registry, but the court said because it applies to a small percentage of gun dealers, it doesn't come close to creating one. |
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Chicago man pleads guilty in NY hacking case
Headline Legal News |
2013/05/30 17:14
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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. "For each of these hacks, I knew what I was doing was against the law."
Prosecutors had alleged the cyber-attacks were carried out by Anonymous, the loosely organized worldwide hacking group that stole confidential information, defaced websites and temporarily put some victims out of business. Hammond was caught last year with the help of Hector Xavier Monsegur, a famous hacker known as Sabu who later helped law enforcement infiltrate Anonymous.
A criminal complaint had accused Hammond of pilfering information of more than 850,000 people via his attack on Austin, Texas-based Strategic Forecasting Inc., a publisher of geopolitical information also known as Stratfor. He also was accused of using the credit card numbers of Stratfor clients to make charges of at least $700,000. He allegedly bragged he even snared the personal data of a former U.S. vice president and one-time CIA director. |
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Wal-Mart pleads guilty in hazardous waste
Headline Legal News |
2013/05/29 16:47
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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.
The retail giant entered the plea in federal court in San Francisco to misdemeanor counts of violating the Clean Water Act and another environmental law regulating pesticides. The fine also settled Environmental Protection Agency allegations.
In Kansas City, Mo., the company pleaded guilty to improperly handling pesticides.
The plea agreements ended a nearly decade-old investigation involving more than 20 prosecutors and 32 environmental groups that has cost Wal-Mart a total of $110 million.
Court documents show illegal dumping occurred in 16 California counties from Del Norte to Orange between 2003 and 2005. Federal prosecutors said the company didn't train its employees on how to handle and dispose hazardous materials at its stores.
The result, prosecutors say, was that waste was tossed into trash bins or poured into sewer systems. The waste also was improperly taken to one of several product return centers throughout the U.S. without proper safety documentation, authorities said. |
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Court stays out of Planned Parenthood funding case
Legal Topics |
2013/05/28 16:36
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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. The 7th U.S. Circuit Court of Appeals ruled Oct. 23 that the law targeting Planned Parenthood went too far because it denied women the right to choose their own medical providers.
"I assume at this point the state will give up in its claim that that portion of the statue is valid under the Social Security Act," said Ken Falk, legal director of the American Civil Liberties Union of Indiana. The case now returns to U.S. District Judge Tanya Walton Pratt, who granted the initial preliminary injunction to temporarily block the law, precipitating the state's appeals.
Neither the state senator who sponsored the bill or the Family and Social Services Administration - the agency tasked with enforcing the law - had immediate comment.
"My office always contended this is ultimately a dispute between the state and federal government, not between a private medical provider and the state," Indiana Attorney General Greg Zoeller said in a statement. Zoeller's office handled the state's appeal. |
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