Wilmington officials react to Tewksbury pig farm Sep 25, 2008
James Miceli, D-Wilmington, who reported the legislation is being discussed at the state level, noted that a local attorney has a different opinion on the nuisance law including citing case law. The legislative delegation is reviewing this new argument. (Tewksbury Advocate, MA)
John Graham asks judge to dismiss murder indictment Sep 25, 2008
Murphy goes on to cite case law, saying that historically, when tribes in the U.S. migrated to Canada, the United States' relationship with those tribes ceased to exist. Because Looking Cloud is considered "Indian," the federal government could prosecute him for Aquash's death, Murphy writes. (Rapid City Journal, SD)
OJ Simpsons lawyer seeks mistrial Sep 24, 2008
After considering precedent, case law and her own former judgments for more than two hours, the judge dismissed the jury just after 5 p.m.. She had Cook take the stand in the absence of the jury so she could ask him some questions before lawyers asked some questions of their own. (Gwinnett Net Daily)
Horses for divorces Sep 24, 2008
As most divorce cases settle long before a judge gets to give his or her final word, the case law has been silent as to how the courts will treat the costs of maintaining horses and other pets upon divorce. Typically, if a couple separates and one party wishes to keep the family pony, detailed schedules as to the income needs of the parties are drafted. (BBC News -- UK)
Venue change granted for murder retrial Sep 24, 2008
Taylor also overruled a defense motion to disqualify the District Attorney's office based on a theory that double jeopardy rules apply under previous case law, as well as a prosecution motion to reconsider the decision to grant a new trial. The Daily Leader 2008. (Brookhaven Daily Leader, MS)
FICO responds to Freeman Sep 24, 2008
Knowing of her concern about the environment, we were surprised that Ms. Freeman of the Groundwater Awareness League would not support a full review of the Augusta-Community Water Pipeline under the National Environmental Policy Act (NEPA), especially since federal regulations and case law are clear that huge projects like the mine cannot be divided into small pieces to evade the NEPA process. The proposed Rosemont Mine has no CAP allocation and is merely attempting to lease an existing... (Green Valley News & Sun, AZ)
Judge: Landlord entitled to $654K Sep 24, 2008
Brittany Center is required by case law to try to mitigate its damages by re-leasing the space used by Golden China. It Can Add Up. (Wichita Business Journal, KS)
Merger Seekers Beware: Non-Hire Agreements May Be Worthless Sep 23, 2008
The decision is "entirely consistent with existing case law in New York," Davis says ... Most states have similar case law on lawyer mobility, Davis says ... That scenario, Dreier says, does not fall under the case law Fisher cited. (Law.com)
Attorney Loses License for Helping Notorious Disbarred Lawyer Sep 23, 2008
While case law, ethics opinions, judiciary laws and court rules provide guidance, there are no definitive answers. "What does 'practice law' mean?" the attorney asked. (Law.com)
Judge to rule on motions Monday Sep 23, 2008
Finally, the defense filed another motion to dismiss the case based on case law suggesting that in instances of prosecutorial misconduct, the state is barred from the retrial on the basis that it could amount to double jeopardy. Fernald told the court that under guidelines set by Mississippi and Supreme Court case law, the prosecution team should be disqualified based on Taylor's extensive list of findings of misconduct ... The prosecution argued that under the case law, the misconduct had to be... (Brookhaven Daily Leader, MS)
Dryer sentencing delayed again Sep 20, 2008
She said she would review case law about sentencing and possibly issue a written order. But Freyre told Mansfield he needed a lot more time to fairly represent Dryer. (Denver Business Journal, CO)
NCT: LETTERS, Sept. 19, 2008 Sep 20, 2008
In the Science of Laws concept, the writer of the law would be engineering firms who would first collect all the data available on guns, their benefits, their costs, and the case law on the subject. A law would be crafted, modeled, tested in a community, rewritten to reflect lessons learned and sent to the Legislators for an up or down vote. (North County Times)
Voter OK on projects overruled Sep 19, 2008
"So many financial investments have been based on the previous case law," Mosteller said. "Allowing local governments to continue making those decision on the local level is critical to the success of those communities.". (The St. Augustine Record)
Jada Pinkett Smith to Star and Executive Produce as a Nurse and Single Mother in TNT Drama Pilot TIME HEALS Sep 19, 2008
Source: Turner Broadcasting System, Inc.. Sony Pictures Television Project Created by Emmy(R)-Winning John Masius (St. (Yahoo! Wire -- Entertainment News)
DNR issues warning to judge for mowing state land Sep 19, 2008
She cited case law which states that a party asserting the right to an easement need only show that the easement is reasonably necessary. to the enjoyment of the benefited property. (Gaylord Herald Times, MI)
U.S. Supreme Court's global influence is waning Sep 18, 2008
"Most justices of the United States Supreme Court do not cite foreign case law in their judgments," Aharon Barak, then the chief justice of the Supreme Court of Israel, wrote in the Harvard Law Review in 2002. "They fail to make use of an important source of inspiration, one that enriches legal thinking, makes law more creative, and strengthens the democratic ties and foundations of different legal systems.". (International Herald Tribune)
More of this story... Sep 18, 2008
There is case law that says you cannot put a restraint of trade on these people, Lebeouf said. Lebeouf said all of these issues were raised by himself and others at previous meetings, but that the county wasnt listening to their concerns. (The Exeter Sun, CA)
Goddard files suit against Phoenix Country Club Sep 18, 2008
"The club has made several good faith proposals that we believe would have resolved the matter in a manner that would have respected the legitimate concerns of all parties involved. The claimants and the Attorney General's office apparently have rejected all of those proposals and have decided to go the route of litigation. We regret that decision on their part, but based on the facts and the governing case law, we are confident that the matter will be resolved in that venue." The statement... (Phoenix Business Journal, AZ)
Civil suit denied in girl's overdose death Sep 17, 2008
Judge Cox, relying on case law from wrongful death lawsuits, said it was "illogical" to hold the boy responsible for another teenager's death when both were involved in a crime. Keenan Holmes, the lawyer representing Mr. Stewart, said his client maintains he was innocent of selling oxycodone or any other drug at the high school. (Pittsburgh Post-Gazette, PA)
Corporate Park Meeting Topic Sep 17, 2008
With members of the boards of Selectmen and Finance and Town Treasurer Bill Sarosky in attendance, Robert Nastri, representing the town attorneys Tinley, Nastri, Renehan and Dost, cited statutes and case law to support his ruling that precluded public presence. Essentially, his position was that public disclosures at this time might jeopardize the town's bargaining positions. (Voices, CT)
Companies Bill still courting controversy Sep 17, 2008
"The department says the interpretive issues will be solved either through regulation or case law. I agree, but the problem is, some of this can be so fundamental. I wouldn't want to be the first person who gets guinea-pigged on case law.". Because of the need to establish case law, she believed legal firms would be prime financial beneficiaries of the bill. (Business Report, South Africa)
Shippensburg man waives prelim in sex crimes case (14) Sep 16, 2008
Senior Assistant District Attorney Christylee Peck says her decision to charge McCoy as an adult is based on case law. She says a suspect who commits a crime as a juvenile can be charged as an adult if he has reached the age of at least 18 at the time the crime is disclosed. (Carlisle Sentinel, PA)
Attorney's lawsuit slashed in court Sep 16, 2008
Rosemary McGuire, who represented Mims, the county and the Sheriff's Department, cited case law that McGinnis needs to show his entire practice is in jeopardy. McGinnis admitted his practice wasn't in danger of failing, but he did say that having an intercom in the interview room could hurt his chances of landing potentially lucrative clients at the jail. (Fresno Bee -- Local)
Hamilton to be recognized for service to justice Sep 15, 2008
I served as chairman of the Supreme Court Comittee for Procedures in Criminal Cases for 15 years where we'd look at the recent statutes, the recent case law, to draft jury form charges. The Spurgeon Smithson Award established in 1976 was named after a Kansas City lawyer whose estate endowed the award. (Fulton Sun, MO)
NJ troopers implicated in rape face court test Sep 15, 2008
At a hearing on Aug. 14, Cooper conceded there didn't seem to be any case law that directly addressed the issue. The case began when a 25-year-old Rider College student reported to authorities that she had been raped in the Ewing Township home of a trooper after a night out at a Trenton nightclub. (NJ.com -- News)
George murder conviction overturned Sep 13, 2008
The judge is substituting his own verdict for the jury's verdict, which clearly is against case law, he said. Smith said his office will appeal the decision to the state Court of Appeals, and will ask for a stay of a new trial. (Somerset Daily American, PA)
IT Company facilitates research on Ghana's laws Sep 13, 2008
It said it had made strides in computerizing over 100,000 pages of Ghana's legal material from 1959 to date to provide database of different types of law-related materials on the CD-ROM. DataCenta's law database project on a CD-ROM has provided a quantum boost to the development of Ghana's legal information culture to be more accessible then ever to case law and to law journal articles, it said. The website addresses are www. (Ghana Web, Ghana)
Parents question police's helmet-enforcement policy Sep 12, 2008
When asked about the case law, a spokeswoman for Attorney General Martha Coakley said she was not aware of any legal challenges to the helmet legislation. In 1993, the law was passed saying children 12 years old and under were required to wear helmets. (Holliston Tab, MA)
The garden of good, evil Sep 11, 2008
He looks nothing like the guys on "Law and Order." But he does his homework, he reads his case law, and he goes to trial and locks up bad guys ... Nineteen years ago, as he prepared for his first trial with a reluctant witness, he stayed after work at the courthouse in Springfield to read up on case law. (Boston Globe)
Palin campaign takes page from Schwarzenegger play book Sep 11, 2008
She has allowed Todd Palin -- who has not been elected by the people of Alaska, who is not a state employee -- to entangle himself apparently as he sees fit in the operations of the executive branch of the state government," said Don Mitchell, the attorney for activist Andree McLeod. "From the case law, if government voluntarily opens up that internal decision-making to what I would call civilians, then that is waiver of that protection of the government policy decision-making process. That is... (Anchorage Daily News)
Medical marijuana controversy Sep 11, 2008
" Fitch added there is no case law about Montana's medical marijuana law because it's only three years old. He said he has received numerous harsh emails about the case, which he took over after being appointed county attorney this year.Now Daubert and other advocates are calling for the charges against Sutton-Day to be dropped.Fitch said he hasn't made a decision on whether to move forward with the prosecution of the case.Funeral arrangements for Day are pending.Reporter Nick Gevock may be... (Montana Standard, MT)
Man facing marijuana charges dies (32) Sep 11, 2008
Fitch added there is no case law about Montana s medical marijuana law because it s only three years old. He said he has received numerous harsh e-mails about the case, which he took over after being appointed county attorney this year. (Helena Independent Record)
San Joaquin supervisors to consider $75,000 settlement for Lockeford bar owner Sep 9, 2008
"After analyzing the facts, the statute and case law, it is county counsel's opinion that the court will award some amount of attorney's fees to Kruppe and that the recommended settlement is a a reasonable award of such fees," Myles wrote in his report. If the Board of Supervisors approves the settlement, the county would also waive 3,303 in fees for an entertainment permit application. (Lodi News Sentinel, CA)
Convictions upheld in fatal rampage Sep 6, 2008
Scapicchio said the US Supreme Court has ruled that when a new case law is made, like the SJC did in its 2005 ruling, anyone with a pending appeal should get the benefits. The Clementes case was pending in 2005, she said. (Boston Globe)
NSW drags its feet on FoI reform Sep 6, 2008
In NSW, once they find an exemption that might apply they can simply refuse to disclose and rely on the ever expanding array of case law to defend their decisions. With no support from Government, the Ombudsman has opted to work through each of the relevant sections of the act and ask whether change is needed. (Sydney Morning Herald -- Opinion)
Alternate suspect theory allowed in murder case Sep 6, 2008
Herron said he would have to consider case law before issuing a ruling as to whether Irene Trujillo s statements through the witness were admissible. He said Lopez was entitled to raise the alternate suspect defense, but the evidence Lopez would rely on must be properly admitted. (Montrose Daily Press, CO)
Tighe gets 20 to 40 years Sep 6, 2008
Ronning objected to an offense variable and gave case law to support it and was able to strike 50 scoring points. Ronning said Tighe had been convicted for behavior involving a family member but denies conduct with others, asking for the middle of the guideline range, which was adjusted to 126 to 210 months. (Cassopolis Vigilant, MI)
Novel Charges Stand Against Lawyer in Benefits Fraud Case Sep 4, 2008
"Taken together, the plain meaning of the language of the statute, its legislative history, regulatory clarifications and related interpretive case law gave more than fair warning that conduct such as charged here is criminal -- prevailing wage credit cannot be claimed where it is intended beforehand that the workers on whose behalf the credit is taken will be ineligible to share the benefit," the judge wrote. Vitaliano called Coren's argument that Davis-Bacon conflicted with ERISA provocative... (Law.com)
EDITORIAL:Jail expansion Sep 4, 2008
The National Institute of Corrections, headed by Mississippi native Morris Thigpen, reports that a body of case law and enforcement methods exists to define how jails are built and how officials can be held accountable for their operation. Lee County's booming jail population also is part of a larger phenomenon: In 1985, 256,000 inmates were housed in local jails nationwide; by 2005, the inmate population in local jails had soared to almost 750,000. (Northeast Mississippi Daily Journal)
Drink tax questions ruled illegal Sep 3, 2008
The county judges, appointed to replace the regular board members because of their public positions on both measures, cited established case law -- Hempfield School District v. Lancaster County -- to knock down the referendum petition by the group Friends Against Counterproductive Taxation, called FACT.. FACT is composed of restaurateurs and bar owners who have opposed the drink tax since it was proposed together with a $2-a-day tax on car rentals to fund mass transit. (Pittsburgh Post-Gazette, PA)
OPINION: A threat abroad to 1st amendment Sep 2, 2008
The billionaire knows it will be much easier to prevail in the U.K. than it would be in an American court, where the First Amendment and decades of case law provide free speech protections. The legal costs are chump change for the billionaire. (The Trentonian, NJ)
Decision Reversed: City Council approves county’s jail property rezoning request Aug 31, 2008
During the Citizens to be Heard portion of the meeting, which was televised at the request of Mayor Tom Gorman despite a recent vote to ban televising public comment at council meetings, several citizens implored the council to vote No on the matter, citing city zoning regulations and case law to support the decision ... billybobofbartlesville wrote on Aug 27, 2008 10:09 AM:" The Oklahoma Supreme Court decided in: STATE ex rel. HUNZICKER v. PULLIAM (1934 OK 371, 168 Okla. 632, 37 P.2d 417) thst... (Bartlesville Examiner-Enterprise, OK)
Siemens $56 Million Fine in Enel Bribery Case Is Quashed by Federal Court Aug 30, 2008
Kley's attorney, said the court didn't stick to its own case law in the ruling. It's trying to facilitate prosecution in all the Siemens probes by this,'' he said. (Bloomberg -- Germany)
Three concerns cited in Fenn investigation (3) Aug 30, 2008
"As you read the law, and as you read the case law interpreting the law, although on the surface it often sounds easy to apply, it is not," Ryan said. "The legislature intentionally has made the burden for violation of these statutes tough. The penalties are criminal. Additionally, the legislature repeatedly has made it clear that elected officials are to be put in place and taken out of place through the electoral process. The legislature and courts narrowly construe the statutes. Often to the... (Benson San Pedro Valley News Sun, AZ)
The Big Chill: Islamists Inted to Muzzle Americans' Free Speech Aug 29, 2008
The billionaire knows it will be much easier to prevail in the U.K. than it would be in an American court where the First Amendment and decades of case law provide free speech protections. (Under English law, by contrast, the burden in a libel case is on the defendant to prove his innocence which can be impossible if hes been using confidential sources or even just sources who dont want to cross an ocean and take part in a courtroom battle. (Townhall.com)
TNT Springs for Tolls in Atlanta, Orlando, Philadelphia and Chicago to Spread the Word about New Drama RAISING THE BAR Aug 29, 2008
Source: Turner Network Television. Campaign Includes Two Hours of Free Tolls during Labor Day Weekend. (Yahoo! Wire -- Entertainment News)
Student critical after Hanford West brawl Aug 28, 2008
capt wrote on Aug 27, 2008 2:28 PM:" I grew up in El Dorado County and relocated to Hanford in the late 80s. All their high schools where closed campus. One of the few things that bother me about Hanford is the open campus policies. Trying to navigate Grangeville or Lacey during lunch time is a challenge at best. Now as the parent of a freshman I have had many discussions which always result in "Dad, there has never been an incident because of the open campus". Well so much for that! Maybe the... (Hanford Sentinal, CA)
Judge tosses ballot dispute Aug 27, 2008
Sherlock also said state law allows replacement candidates to be named when someone withdraws, and that Ward cited no case law that shows Lewis, the original Democrat, was never a candidate. Ward said Sherlock's suggestion that state law somehow requires that both major political parties be allowed to have a candidate in a legislative race is "flat untrue." "That's pure baloney," Ward said. (Montana Standard, MT)
Verdict in BMW case likely on September 2 Aug 27, 2008
The judge gave three-days time to the defence lawyers to ''furnish any additional case law in support of their case. Nanda, grandson of former naval chief, Admiral S M Nanda, and Manik Kapoor have been charged under various provisions of the IPC 00004000 including the stringent section 304 (culpable homicide not amounting to murder) which prescribes a life term as maximum punishment - for mowing down six persons in Lodhi Colony area on the wee hours of January 10, 1999. (Times of India)
Dismissal of Cuban Exile's Indictment Nixed Aug 26, 2008
After reviewing case law involving instances where the government acted deceptively in using civil proceedings to obtain documents or statements for the purpose of a criminal investigation, Cardone concluded in her order "there was no genuine [naturalization] interview and the entire interview was, instead, a pretext for a criminal investigation.". Cardone further found that the government engaged in "fraud, deceit, and trickery" by misrepresenting to Posada the purpose of the questions at the... (Law.com)
2nd Circuit Addresses Limits on Qui Tam Actions Under False Claims Act Aug 26, 2008
" Examples of this rule "abound in our case law," Winter said, including that "a laymen cannot represent a corporation even if the sole shareholder"; a "non-lawyer general partner may not represent the partnership"; and "a layman may not appear pro se on behalf of his minor child. " "These rulings not only are called for by the text of ," he said, ". (Law.com)
Thorp Reed Gets Italian Firm Out of Class Action Aug 26, 2008
Brubaker said there is not much relevant case law about what actionable deceptive misconduct is. He also noted that plaintiffs have tried to use Section 10b-5(a) and 10b-5(c) to pursue civil causes of action regarding banks or attorneys they allege aided and abetted bad behavior about securities because the 1995 Private Securities Law Regulation Act made aiding and abetting a crime but didn't afford a civil cause of action for aiding and abetting. (Law.com)
Long lunch in court Aug 26, 2008
In a lengthy judgment Justice Paul Brereton considered all manner of relevant case law on contract releases, including a 1937 case involving the screen siren Bette Davis getting out of a film studio contract. Justice Brereton decided to "confine Mr Purcell to his garden for some months", and Purcell is free to begin at BGC in October. (Sydney Morning Herald -- Business)
Ted Kennedy Looks for DR's Clearance to Attend Convention... Aug 25, 2008
The Right Wing New England Slavers, decided to make America Safe for Slavers, by Re-Founding, Re-Starting Harvard and Yale, without Aristotle and the Natural Law, replacing these with the Neo-Platonist Emmanuel Kant, and Case Law. John C. Calhoun studied Emmanuel Kant at Yale, went home to near Charleston, South Carolina, and Slandered Blacks as Emmanuel Kant's Radical Evil, a New Name. (The Drudge Report)
Key Defendants in Court Corruption Case Seek Dismissals Aug 23, 2008
Sutton's defense lawyers then argue that the assessment of fines and fees by the judiciary is "expressly authorized by case law," and point out that there are many procedural avenues for challenging a judge's orders, ranging from direct appeals to petitions for injunctive relief. "Prosecuting the judges for the issuance of erroneous orders is unheard of," the motion says. (Law.com)
Civil rights restraining order denied Aug 23, 2008
Murphy said her clients were aware that this case would be difficult and were excited about possibly creating new case law. My clients understand from the beginning that this is a very novel proceeding, Murphy said. (Woburn Advocate, MA)
Crack Resentencing Controversy Comes Before 11th Circuit Aug 22, 2008
"Even pre-Booker, pre-crack amendment," said Weil, "it's never been a full resentencing. In fact, there's case law in our circuit that it's not a full resentencing.". RELATED DOCUMENTS. (Law.com)
Editor's Mailbag (Aug. 21) Aug 22, 2008
(Case law in New York has determined that the practice is legal but not enforceable. . (Albany Democrat-Herald, OR)
Over Defense Objection, Plaintiff Can Compel Videotaping of Her Deposition Aug 21, 2008
"Case law from New Jersey and other jurisdictions involving the videotaping of oral examinations makes clear that videotaping has become an acceptable method of creating a deposition record and is widely embraced by the legal profession," Harz wrote in LaMarche v. Hackensack University Medical Center, BER-L-1100-07. At issue was , which governs videotaped depositions. (Law.com)
GPS use merits judicial review Aug 21, 2008
Sometimes technology outstrips case law. Even our Constitution and its protections were written in an era when such devices and search capabilities were unimaginable. (Racine Journal Times, WI)
Test case on right to sue Sultans Aug 20, 2008
There is a wealth of case law to illustrate that the Sultans were beyond the reach of the law in their personal capacities ... Case law: Articles 181-183 have generated interesting case law. (The Star Online, Malaysia)
Fisheries Rule Cuts Public Participation Aug 20, 2008
Opponents of the rule also point to more than thirty years of case law and administrative experience with NEPA that have informed the existing procedures. The departure from this history embodied in the proposed procedures could increase the likelihood of legal actions should the rule be finalized and implemented in its current form. (OMB Watch)
Judge Gives Government 10 Days to Avoid Contempt on CIA Tapes Aug 19, 2008
Skinner, the prosecutor, said that under the case law the order to produce must be clear and noncompliance must be shown by clear and convincing evidence. Hellerstein said the second element "implies some willfulness," adding that he will decide that issue. (Law.com)
Judge Tosses Challenge to Contingency Fee for Retiring Partner Aug 19, 2008
New Jersey case law encourages contracts spelling out the rights of departing lawyers to avoid litigation over fees, said Doyne. Wolf also argued that the Sands matter, a series of tax appeals filed each year from 1996 to 2007, was not a single ongoing case but 11 separate cases. (Law.com)
Supernatural science: Why we want to believe Aug 19, 2008
Join the Nike+ Human Race 10K.. $7 online stock trades. (MSNBC -- Environment)
