City of Gerald to Face Numerous Lawsuits May 17, 2008
She claims that she was forced to get an ex parte, a restraining order, against her boyfriend or was threatened to be arrested ... "I'm almost losing everything - this ex parte they forced me to get has ruined my life," she said. (Missourian Publishing, MO)
Editor's Note: May 16, 2008
"No ex parte communication," she said. Gardner did not oppose Bailey's sentencing delay. (Juneau Empire)
Judge panel nixes Miami-Dade OK of Related project May 13, 2008
The majority in the 11th Judicial Circuit of Florida cited four issues as the basis for its ruling: Miami Mayor Manny Diaz's ex parte communication with the developer after the commission's approval; the commission's vote resulted in spot zoning; a substantial square footage change in the application without public review; and a violation of procedural order during the application's review. Diaz's response to a commissioner requesting a veto of the April 26, 2007, commission vote included the... (South Florida Business Journal, FL)
Fairness requires fuller disclosure of model May 7, 2008
Whether or not consultation was a legal exercise, once embarked upon it had to be carried out fairly: R v North East Devon Health Authority, Ex parte Coughlan ([2001] 1 QB 213). The mere fact that information was significant did not mean that fairness necessarily required its disclosure to those consulted. (Times Online)
Google holds Verizons feet to fire on 700MHz open access May 6, 2008
The search engine company cites several ex parte meetings that Verizon had with the Commission in and early October, during which the firm was quite adamant that. "the Commission should not (1) force C-block licensees to allow any and all lawful applications to be downloaded to any devices that licensees provide, including devices that are not configured to accommodate any and all applications; and (2) inhibit C-block licensees from differentially pricing a package of benefits, features and... (Ars Technica)
N.Y. Judge Files $10 Million Defamation Suit Against Attorney, Newspaper May 3, 2008
The commission, in a determination issued in December 2001 and modified in June 2002, admonished Martin for sending ex parte letters seeking favorable consideration on behalf of defendants awaiting sentencing in other courts. Batra alleged in Riskin v. Karp that Karp's representation of Martin during 2000 and 2001 rendered Karp unable to act as Singer's undisclosed attorney from July 25, 2000, to "the present time.". (Law.com)
LETTERS: April 19, 2008 Apr 20, 2008
The article makes no mention of ex parte law ... Judging from the either lazy or biased reporting, I think the North County Times would have been happier if he'd broken ex parte laws. (North County Times)
State rebuts Duncan's guilty plea reversal Apr 19, 2008
"It is obvious that the defendant has filed a frivolous motion in arrest of judgment merely as a vehicle to obtain an ex parte extension of the deadline to file a motion in arrest of judgment," Meals wrote. Thomas could not be reached for comment. (Ames Daily Tribune, IA)
Crime victims, supporters mark Victim's Rights Week Apr 15, 2008
Porter said she also would like to see prior domestic violence arrests be added to ex parte orders and that guidelines for Amber Alerts in different jurisdictions be the same. WitbolsFeugen said he would like to see the word "victim" redefined so people grieving from loss could heal. (The Examiner)
The Fugitive: The Obama Files Continue Apr 10, 2008
There are new clues to the mystery in a fresh look at the January 16, 2007, ex parte before Federal District Judge Amy J. St. Eve, in the case of the United States vs. Antoin Rezko, in the discovery of Mr. Rezko's resources in order to set his bail awaiting trial ... Mr. Rezko revealed why in his ex parte testimony when he told the judge about the fate of Chamchamal, "We had, for whatever it's worth, sometime in June received a letter saying the contract was cancelled. We protested the... (Human Events Online)
Judge allows discovery, denies dismissal, in Cove Springs case Apr 9, 2008
In the case brought against Blaine County by the Cove Springs development group, irregularities in County procedures have been suspected by the developer that include conflicts of interest, undisclosed ex parte communications, bias and open meeting law violations by the County Commissioners and others involved in making the decision. No matter what your views are on development, should such suspicion find fact, important changes would likely follow. (Wood River Journal, ID)
Letters for April 4, 2008 Apr 5, 2008
Californian Columnists. HotJobs Local Search. (North County Times)
Second marriage bid: another NRI groom booked Mar 31, 2008
However, the police said Pannu had the ex parte divorce copy with him. It also was learnt that parents of the bride have also lodged a complaint with the Kartarpur police, and Pannu has also been booked under sections 494 and 420 of the IPC. The match-maker and kin of Pannu have also been booked. (Chandigarh Newsline)
Court flouts watchdog group Mar 3, 2008
Monroe County Justice Court Judge Robert Fowlkes and the state's judicial watchdog group agreed he should receive a public reprimand for alleged ex parte communications about a pending case ... Hinds County Justice Court Judge Ivory Britton for improper ex parte communication. (The Clarion-Ledger)
Gag order on Raj to stay: HC Mar 1, 2008
The counsel for Thackeray tried, in vain, to explain to the judge that the law provides that a gag order can't be passed 'ex parte' without hearing the person concerned unless there 00004000 is an emergency situation. Gupte said there was no emergent situation here and that Raj was not responsible for any riots. (Times of India)
McCain Disputed On 1999 Meeting; Broadcaster Recalls Urging FCC Contact... Feb 24, 2008
A subsequent review by the FCC General Counsel's Office determined that McCain had violated the commission's ex parte rules, though the breach was deemed inadvertent. Five days after McCain's second letter, the FCC voted 3 to 2 to approve the deal. (The Drudge Report)
Court ruling prompts ‘third party' review of watchdog Feb 16, 2008
The probe will investigate the regulator's practice of seeking so-called ex parte subpoenas from the courts to compel confidential data from targeted companies and industry players, without their prior knowledge. Yesterday's announcement came three weeks after Federal Court Judge Anne Mactavish delivered an unusually harsh order against the bureau and its commissioner. (Globe and Mail -- Business)
Mans condition improves as court battle continues Feb 13, 2008
Golubchuk is alive today because his family was able to get an ex parte injunction (without notice to the hospital) from Justice Perry Schulman of the Manitoba Court of Queens Bench that prevented doctors at Winnipegs Grace Hospital from removing his life support, which would have violated the familys wishes and religious beliefs. At a hearing on Dec. 11, the hospital and doctors maintained that Golubchuk had minimal brain function. (Canadian Jewish News)
Exxon wins freeze on Venezuela assets Feb 8, 2008
On Jan. 24, the High Court of England and Wales was satisfied that there is a real risk that PDVSA will dissipate its assets and accordingly entered a Worldwide Freezing Order ex parte, Exxon said in the filing to the New York court. The order prohibits PDVSA from disposing of its assets worldwide up to a value of $12-billion whether directly or indirectly held. (Globe and Mail)
New system tracks offenders after they leave custody; victims notified Feb 6, 2008
Terriann Carlson, spokeswoman with the sheriff's office, said the system works with protective orders, emergency protective orders and temporary ex parte orders. To make those three orders work, that requires every organization in the county to put this puzzle together, she said at the beginning of the presentation. (Rosenberg Herald-Coaster, TX)
Gilbert's lawyer accuses state commission boss of wrongdoing Jan 30, 2008
The allegation of witness tampering involved Kizer's ex parte communication with Dr. Robert Voy, a former chief medical officer for the U.S. Olympic Committee and former medical review officer for the NFL Players Association who is serving as a witness for Gilbert's defense. An exhibit attached to the motion includes an e-mail Kizer sent to Voy after Gilbert issued a news release critical of the commission's lack of protocols and Schopper told the Reno Gazette-Journal that one of Voy's... (San Diego Union-Tribune -- Sports)
Georgetown Partners Tells FCC That Sirius-XM ``A La Carte'' Proposal is a Fairytale Providing No Public Interest Benefit Jan 30, 2008
--(BUSINESS WIRE)--Georgetown Partners L.L.C. today has submitted to the Federal Communications Commission (FCC) an ex parte filing in response to the January 22, 2008 joint filing with the FCC by Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. (collectively Sirius-XM) charging that Sirius-XMs so-called A La Carte proposal is nothing more than a fairytale with the potential of a very unhappy ending for consumers ... EX PARTE COMMENTS OF GEORGETOWN PARTNERS... (Yahoo! Wire -- Entertainment News)
Competition decision means faster mergers Jan 30, 2008
The office of the Commissioner of Competition was the target of criticism by Federal Court Judge Anne Mactavish after failing to properly disclose information to the judge when its lawyers brought an ex parte motion last November asking that Labatt and Lakeport cough up more information about the impact of the merger on Canada's beer market ... In setting aside her earlier production order, Justice Mactavish chided the Bureau, noting "the commissioner cannot come before the court on an ex parte... (Financial Post)
Statement from BTP Acquisition Company Jan 26, 2008
On January 25, 2008 Image appeared in an ex parte hearing in Los Angeles County Superior Court, seeking a temporary restraining order against BTP and its affiliates, including CT1. Images motion was denied by the court, as was expected by CT1. (Yahoo! Wire -- Entertainment News)
Court nullifies EGM called by Indian Corridor Jan 26, 2008
The statement, quoting a companyspokesman, further said: In the latest development, three GPlus directors Tan Sri Lamin Mohd Yunus, Yeoh Hor San and Jeyaraj Ratnaswamy had individually obtained an ex parte injunction restraining PQ, Indian Corridor and Ooi from making any further defaming statements against the present GPlus board to the public. These orders are being served. (The Star Online, Malaysia -- Business)
County calls foul at wind farm Jan 23, 2008
Caulkins said the county believes this and other communications by Luce reflect a violation of legal rules prohibiting ex parte contact meaning improper contact by a decision-maker, judge or adjudicator without all sides in a case being informed about the contact or brought in on the same communication ... We can t see where there is any other conclusion other than Mr. Luce has violated ex parte contact prohibitions, Caulkins said. (Ellensburg Daily Record, WA)
Judicial Conference Backs 9th Circuit's Censure of Los Angeles Federal Judge Jan 19, 2008
At the same time the U.S. Judicial Conference upheld a decision last week to censure Real for improper ex parte communications with a litigant, the conference revealed a second complaint regarding a "pattern and practice" of Real not providing adequate reasons for his decisions when required to do so. The Judicial Council of the Ninth Circuit had privately reprimanded Real for that behavior. (Law.com)
Maynard admits Monaco meeting Jan 16, 2008
Then, theres the appearance that theyre having ex parte [one-sided] communications that may involve the case thats heading before the Supreme Court. . (Charleston Gazette, WV -- News)
Federal Judge Rebukes Lawyer in FedEx Fee Fight Jan 4, 2008
Illston dismissed plaintiffs lawyer Waukeen McCoy's arguments that the special master, Edward Swanson, suffered from a conflict of interest and did not promptly disclose an ex parte conversation. "The court notes with extreme dismay that plaintiffs chose to file such a patently frivolous motion, and in so doing, to impugn the character of the special master, who has always comported himself with the highest professionalism and ethical standards," Illston wrote in a Dec. 19 order. (Law.com)
Manor Care To Vigorously Contest TRO Dec 21, 2007
TOLEDO, Ohio, Dec. 20 /PRNewswire-FirstCall/ -- Upon an ex parte motion by the Service Employees International Union Healthcare Michigan (SEIU), a temporary restraining order (TRO) was issued late on Thursday, December 20, by the Thirtieth Judicial Circuit Court in Ingham County, Michigan, enjoining the Michigan Department of Community Health, Manor Care, Inc. (NYSE: ) and The Carlyle Group from taking certain actions related to completing the pending transaction between Manor Care and a Carlyle... (PR Newswire)
Today in History Dec 19, 2007
On Dec. 18, 1944, in a pair of rulings, the U.S. Supreme Court upheld the wartime relocation of Japanese-Americans (Korematsu v. United States), but also said undeniably loyal Americans of Japanese ancestry could not continue to be detained (Ex parte Endo). On this date. (Yahoo News)
Failed policy strong on sentiment Dec 18, 2007
In the Harvester Judgment (the correct name is Ex Parte H.V. McKay), Higgins was required to determine what constituted a "fair and reasonable" wage. He found that seven shillings a day met the criterion. (Sydney Morning Herald -- Opinion)
Georgia Power rate hike decision comes Tuesday Dec 18, 2007
It also preceded the date when the PSC's new "ex parte" rules kicked in ... The deal was done two weeks before the ex parte ban took effect. (Atlanta Journal-Constitution)
Click for Full Story Dec 18, 2007
Today's Highlight in History:On December 18, 1944, in a pair of rulings, the U.S. Supreme Court upheld the wartime relocation of Japanese-Americans (Korematsu v. United States), but also said undeniably loyalAmericans of Japanese ancestry could not continue to be detained (Ex parte Endo). On This Date:In 1787, New Jersey became the third state to ratify the U.S. Constitution. (KWTX.com, TX)
Student may set legal precedent in RIAA case Dec 10, 2007
"If (the judge) issues a decision which recognizes the flaws in the RIAA's 'ex parte' evidence, I predict that it will have a tremendous impact nationwide," Beckerman said. Beckerman added if GW's subpoena was dismissed, it would impact the RIAA's entire campaign, both against college students and the general population. (GW Hatchet, Washington DC)
McDaniel to stay in Friendswood Dec 7, 2007
"They prefer ex parte communications, where they can go around the process - the manager, the mayor - and just wink at the rules, because they don't really apply to them because they're special. "Last time I checked, the U.S. Constitution recognizes no entitlement - for race, creed, color or length of tenure in a community. " McDaniel's review had been scheduled for a closed session at the Nov. 19 meeting, but just before that meeting commenced, he said he wanted it held in public. Normally,... (The Citizen - online, TX)
What's at Stake in the Latest Guantanamo Bay Case? Dec 5, 2007
But what about Ex Parte Bollman's statement that habeas exists at the whim of Congress. The Court could circumvent this principle by holding that absent a statute vesting the power to grant writs of habeas corpus in the lower federal courts, individual Supreme Court Justices would necessarily have the power to grant such writs. (FindLaw)
Ontario council OKs Pepsi deal Dec 5, 2007
Dominick, who had been negotiating with Pepsico for some time, declared ex parte contact, but said since the deal would not result in any financial gain to him, he would vote with the rest of the council on the sale. The council also unanimously approved two proposals to help another business: Flying W Aviation. (Ontario Argus Observer, OR)
A Recipe For Reining In Executive Power Dec 4, 2007
During the Civil War, Chief Justice Roger Taney wrote a furious opinion in Ex Parte Merryman (1861) assailing Abraham Lincoln's suspension of habeas corpus ... In Ex Parte Milligan (1866), the Court echoed Taney, writing that if the president could "substitute military force for and to the exclusion of the laws, and punish all persons, as he thinks right and proper, without fixed or certain rules.... republican government is a failure, and there is an end of liberty regulated by law." With this... (CBS News)
Council to tackle expansion issues Dec 4, 2007
Dominick, who has been negotiating with Pepsico, declared ex parte contact, but said since the deal would not result in any financial gain to him, he will be voting with the rest of the council on the sale. The council is also scheduled to vote on two related proposals that would help another business: Flying W Aviation. (Ontario Argus Observer, OR)
TiVo Announces Results for Third Quarter Ended October 31, 2007 Nov 29, 2007
"In addition, as a result of our constructive conversations, TiVo and the cable industry have come to an agreement on a blue-print for a retail TiVo DVR using the cable industry's OpenCable Application Platform that will have full two-way cable service functionality. While the technical specifications are still being worked out, such a set-top box will mean TiVo subscribers will be able to get full access to cable VOD and other two-way cable services. This could also mean that a standalone TiVo... (Yahoo! Wire -- Entertainment News)
Georgetown Partners Responds to Sirius-XM Filing with the FCC Nov 21, 2007
Nov. 20 /PRNewswire/ -- Georgetown Partners L.L.C., a minority-owned private equity firm, today responded to the joint filing by Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. with the Federal Communications Commission (FCC) dated November 13, 2007, in an ex parte submission to the FCC pointing out various disingenuous statements and inaccuracies in the Sirius-XM filing, including ... To: The Commission EX PARTE SUBMISSION OF GEORGETOWN PARTNERS L.L.C. INTRODUCTION ... (2) See... (Yahoo! Wire -- Entertainment News)
Britney Stripped of Driving Kids after Multiple Driving Debacles Nov 17, 2007
Attorney Mark Vincent Kaplan requested the ex parte hearing because of the many news reports involving driving incidents that show the minor children sitting in the back seat at the time when they occurred. Britney Spears and police have said her driving could be even more hazardous as paparazzi crowd around and distract her from the road. (Hollywood Today Newsmagazine)
Britney Spears Isn't Allowed To Drive With Her Children, Judge Rules: Report Nov 17, 2007
Gordon had originally decided that they would discuss a pending motion whether Spears would be permitted to drive the couple's children at the next scheduled hearing, on November 26, but Federline's attorney Mark Vincent Kaplan asked for the ex parte hearing because he argues that, despite this motion, she has continued to commit driving offenses. Spears is already awaiting a hearing for the of driving without a but after the last custody hearing on November 8, she was photographed and... (VHI.com -- Music News)
Britney Spears' Bad Driving Is A 'Huge Problem' For Custody Case, Experts Say Nov 13, 2007
Commissioner Scott Gordon delayed ruling on that motion until November 26, but a source close to the situation told MTV News that a decision to hold an ex parte hearing on the matter will be under assessment once court is back in session on Tuesday; a hearing could be held as soon as Wednesday, pending notification of Spears' attorneys. Footage of Spears running a red light may also be subpoenaed to show the court, the source said. (VHI.com -- Music News)
Alleged secrets put biker trial on hold Nov 5, 2007
If any such ex parte hearings were held about the pickup, the prosecution asked the Supreme Court to reverse the rulings on the basis that such hearings were unauthorized and stop the secret hearings, according to documents ... Defendants have detailed their reasons for needing the testing and have done so ex parte and under seal because their work product and theory of defense are directly implicated, he wrote ... Regarding the ex parte mention of possibly moving the trial, the conversation was... (Rapid City Journal, SD)
U of Oregon fights RIAA subpoenas Nov 4, 2007
As a result the lawsuit and ex parte subpoena for the names. So what gives. (ZDNet)
Proposed Sirius-XM Merger Adverse to Public Interest, says Letter to FCC Nov 3, 2007
Written Ex Parte Presentation. Consolidated Application for Authority to Transfer Control of XMSatellite Radio Holdings Inc. and Sirius Satellite Radio Inc.. (Yahoo! Wire -- Entertainment News)
Multichannel Newswire Oct 31, 2007
In the Oct. 26 meetings, Roberts and his staff stressed that Americas cable industry is committed to OpenCable and that the technology has the support of leading consumer-electronics companies, according to a Comcast ex parte filing. The rare face-to-face between Roberts and Martin came after Time Warner Cable CEO Glenn Britt met with Martin and FCC commissioners Jonathan Adelstein and Michael Copps on Oct. 24, also to promote OpenCable over the consumer-electronics industrys rival... (Multichannel News)
Texas voters must make big choices Oct 27, 2007
Amendment 13 proposes a constitutional amendment to authorize the denial of bail to a person who has been arrested for an offense involving family violence when the judge or magistrate has issued an emergency protective order, or the person is accused of violating an active protective order, including a temporary ex parte order. Amendment 15 is the constitutional amendment requiring the creation of the Cancer Prevention and Research Institute of Texas and authorizing the issuance of up to 3... (McKinney Courier-Gazette, TX)
Former Co-Counsel Turn on Each Other in FedEx Fee Fight Oct 26, 2007
McCoy also alleges ex parte communications between Swanson and a recently terminated lawyer from McCoy's office; in his motion McCoy claims Swanson did not disclose the conversation promptly enough. Swanson declined to comment Thursday. (Law.com)
Verizon drop suit to change spectrum auction roles Oct 25, 2007
Under the FCC s rules, companies are supposed to submit ex parte filings disclosing the nature of these meetings; Frontline called Verizon s single-sentence filing an arrogant violation of the rules. Talkback - Add your opinion. (ZDNet)
More of this story Oct 18, 2007
Most Florida cities that have adopted a policy on ex parte communications have chosen the first option, he said. The city of Lakeland has adopted the second. (Bartow Polk County Democrat, FL)
Stockton goes to bat for Franklin Oct 18, 2007
The ex parte hearing, however, was noted on the Superior Court's schedule. In what are considered the stiffest penalties ever levied against a high school sports program in state history, the Sac-Joaquin Section on Tuesday banned the Franklin football program from the playoffs for five years for recruiting teenagers from American Samoa. (Modesto Bee, CA)
N.Y. Lawyer Charged With Forging Judge's Name on Order Oct 16, 2007
"However, this action remained dormant and without any judicial intervention as the same was not initialized by the filing of a Request for Judicial Information until the interposition of this ex parte application for relief pursuant to CPLR 306-b on September 20, 2007.". ASSURANCES GIVEN. (Law.com)
Nigeria: London Court Freezes Ibori's Assets Again Oct 9, 2007
Responding to the new development last night, media Adviser to Ibori, Mr. Sheddy Ozoene, said: "It has come to our knowledge that the Crown Prosecution Service (CPS) which brought the request for a restraining order on the assets of Chief James Ibori to the Southwalk Crown Court, has gone on appeal against the October 1 judgement of Judge Goymer, QC. This follows the order of the Court of Appeal Criminal Division which was made ex parte today"This is as expected, considering the massive blow... (allAfrica.com)
Paye/Tigar: New Form of State Oct 8, 2007
The Court refers to an earlier decision: the case Ex Parte Quirin ... In so doing, the Court reversed11 an earlier decision, the Ex Parte Milligan case12 from 1866, in which a northern civilian was accused of conspiracy and violation of the laws of war in aid of the Confederate Army ... In its decision of 2004, the Supreme Court confirms the reversal in jurisprudence made in the Ex Parte Quirin decision and authorizes the government to designate one of its own citizens as an enemy. (Zmag.org)
Terror suspect loses bid for bail Oct 7, 2007
The country's top judges ruled courts could no longer hear secret Crown intelligence in ex parte proceedings, where there has been no representation on the part of the defence. Parliamentarians were given a year's grace period to come up with fixes, but there has been no movement on a new law. (Globe and Mail -- National)
Google: Verizon Violated FCC Rules Oct 5, 2007
Google claims Verizon is lobbying the FCC to change spectrum access rules in ex parte meetings ... FCC rules allow for these ex parte meetings, but Google contended in an Oct. 1 filing with the FCC that Verizon is guilty of "improprieties" in reporting its ex parte communications with the FCC.. (eWeek)
US attorney raps Newton judge's ruling that reduces sentence for drug convict Oct 4, 2007
They said Flaherty then appealed to Moriarty during an ex parte hearing, with no prosecutors present. Flaherty disputed that, saying that a Norfolk County prosecutor was present before Moriarty. (Boston Globe)
Calif. Judge Tossed Out for Delay, Neglect Oct 4, 2007
Spitzer, a 17-year veteran of the Riverside courts, was charged with eight counts of judicial misconduct stemming from accusations that he backdated court orders, failed to dispose of cases promptly, filed "at least" 70 false salary affidavits and conducted improper ex parte conversations. The judge's courtroom and chambers were routinely "in shambles," and because files were "strewn about without any discernible organization," they were often lost or misplaced, the commission found. (Law.com)
Moberly Police Notes Oct 2, 2007
In the 300 block of S. Morley, police arrested a 21-year-old male on a charge of violation of an ex parte order. He was later released after posting the required bond of 4,500. (Moberly Monitor-Index, MO)
The Daily Break Oct 2, 2007
Ex parte (from a biased viewpoint): a soire thrown to celebrate the finalization of your divorce. Disgorge (to vomit): to fill a canyon with cement. (Daily Iowan, IA)
Presumed toxic dangers overblown, official says Oct 2, 2007
In a memo, Radcliff said that Gillespies actions resulted in an inappropriate ex parte communication. . (Charleston Gazette, WV -- News)
Rival Asks FCC to Sanction Verizon Oct 1, 2007
Under the FCC's so-called ex parte rules, companies meeting or communicating with the FCC during an ongoing proceeding are required to disclose a description of those communications to other interested parties ... The one-page Verizon ex parte letter on the Sept. 17 meeting, filed Sept. 19, provides the names and titles of three Verizon executives who met with Martin and three staff members ... The FCC rule on ex parte communications says that "oral presentations must contain a summary of the... (PC World)
