Wash. voters try out "top two" primary Aug 18, 2008
They're still pursuing challenges on various aspects of the law in federal courts. For nearly 70 years, Washington state used a "blanket" primary system, with voters picking their favorites for each office _ a Democrat for governor, a Republican for secretary of state, on so on. (Longview Daily News, WA)
Libertarian shops for activist judge Aug 17, 2008
But it is exceedingly strange to have a supposed Libertarian using the federal courts to try to force church doors to open to him ... But it is exceedingly strange to have a supposed Libertarian using the federal courts to try to force church doors to open to him ... Of all the goofy and misguided ideas that the Libertarians have had, using the federal courts is akin to inventing the wheel for them, at least they aren t whining about some new federal tax scheme, same as the old tax scheme. (Atlanta Journal-Constitution -- Opinion)
National security and free speech Aug 16, 2008
The Supreme Court has not had occasion -- yet -- to change that high legal barrier, but some lower federal courts have nonetheless since 9/11 been setting a lower bar for the censors. Ironically, this constitutional violation is for naught, since the order will not stop other bright minds from making the same discovery. (Boston Globe)
Transgender Bias Suit Against Library of Congress Could Change Federal Policy Aug 16, 2008
Until recently, federal courts have held there is no protection. But has led some federal courts to begin to hold that, under some circumstances, Title VII may protect transgender people who are discriminated against because they do not conform to gender stereotypes. (Law.com)
Single Anti-Gay Remark Sufficient for Hostile Workplace Claim, N.J. Court Says Aug 15, 2008
Though the federal courts have widely endorsed the doctrine, Wednesday's ruling -- though unreported -- represents the first application of it in New Jersey. Darren Kwiatkowski, a customer service representative at Merrill Lynch in Hopewell, was fired by a company vice president based on reports made by his immediate supervisor, Theresa Wonder. (Law.com)
Saudi Arabia, Princes Immune From 9/11 Suit, 2nd Circuit Rules Aug 15, 2008
Jacobs said the act made clear it "did not delegate to victims, their counsel and the courts the responsibility of the executive branch to make America's foreign policy response to acts of terrorism committed by a foreign state, including whether federal courts may entertain a victim's claim for damages.". The circuit also rejected the claim that the charitable contributions were a form of money laundering and that money laundering should fit into the commercial exception. (Law.com)
New plan wont impact most drilling Aug 15, 2008
John Barrasso, R-Wyoming, called on the federal courts to allow Wyoming to protect its grouse in its own way. The BLM decision includes protection of the grouse developed by experts in Wyoming. (Gillette News-Record, WY)
McCain sued oversong use Aug 15, 2008
"Not only have Senator McCain and his agents plainly infringed Mr. Browne's copyright in Running on Empty,' but the Federal Courts have long held that the unauthorized use of a famous singer's voice in a commercial constitutes a false endorsement and a violation of the singer's right of publicity," says Browne lawyer Lawrence Iser. Type Size. (AZCentral -- Entertainment)
Jackson Browne sues McCain over song use Aug 15, 2008
Not only have Senator McCain and his agents plainly infringed Mr. Brownes copyright in Running on Empty, but the federal courts have long held that the unauthorized use of a famous singers voice in a commercial constitutes a false endorsement and a violation of the singers right of publicity, Lawrence Iser, Browne lawyer, said. Click for related content. (MSNBC -- News)
Drilling limited across a million acres in Wyoming Aug 15, 2008
John Barrasso, a Republican, issued a statement Wednesday calling on the federal courts to "respect" the state's efforts to protect the bird. "Its listing under the Endangered Species Act is simply not warranted," Barrasso said. (Pocatello Idaho State Journal, ID)
Bid to Seal Records in $2.5 Billion Lawsuit Rejected Aug 14, 2008
Noting that he did not have the authority to apply the more liberal sealing standard used by the federal courts, Supreme Court Justice Herman Cahn rejected a lender's bid to keep sealed an amended complaint and other documents designated "confidential," even though the company had prevailed in an earlier effort to dismiss the action ... While federal courts appear to apply this standard more broadly than New York courts, the judge noted that "[t]his court is bound by the case law of this state"... (Law.com)
Judge rejects 'roadless' rule Aug 14, 2008
"What it does do is create two conflicting court decisions in different federal courts, different states, both issuing decisions with nationwide impact.". Wyoming Attorney General Bruce Salzburg praised Brimmer's ruling, saying the injunction was appropriate "in light of the potential harm the roadless rule poses to our national forests due to beetle infestation and forest fires.". (Casper Star-Tribune)
Federal overseer seeks to seize $8 billion for California prison ... Aug 14, 2008
The federal courts have found the state incapable of fixing California's system of prison medical care, which is so flawed that dozens of inmates have died needlessly in recent years because of medical mistakes, a lack of access to treatment and other problems ... "The federal courts have clearly indicated for 30, 40 years that inmates have not lost the right to receive basic medical care," he said. (Los Angeles Times)
Billions could be seized from Calif. treasury Aug 14, 2008
Federal courts have declared the health care system in California's 33 state prisons so poor that it violates inmates' constitutional rights. Kelso was named by the court to oversee the reform effort. (MSNBC -- Crime)
Kozlowski sentenced to up to 25 years in prison Aug 14, 2008
As the first high-profile corporate fraud case tried in a state court, legal experts had been watching the sentence to see whether state judges would follow the lead of judges in federal courts, who have imposed severe sentences on corporate executives found guilty of white collar crimes. got 25 years for his role in the collapse of WorldCom. (Yahoo News -- Tyco)
California: Judge asked to seize $8 billion from treasury Aug 14, 2008
But he said the federal courts have never studied in detail how the state should do that. No receiver has ever defined what constitutes a constitutional level of health care, Spitzer said. (San Diego Union-Tribune)
A slick species of rule change Aug 13, 2008
Federal courts have reached a similar conclusion ... If no government scientists review proposed federal projects, political appointees won't have to spend time and effort twisting the results of those reviews, and federal courts won't have to spend weeks of court time overturning decisions. (Atlanta Journal-Constitution -- Opinion)
• Federal judge overturns ban on road-building in national forests Aug 13, 2008
"What it does do is create two conflicting court decisions in different federal courts, different states, both issuing decisions with nationwide impact.". Wyoming Atty. (Q13.com, WA)
Plaintiffs Firms Score $303 Million Class Action Settlement From GM, Deloitte Aug 9, 2008
Cases were filed against the defendants in late 2005 in federal courts in Detroit and Manhattan. A judiciary panel on the multidistrict litigation consolidated the cases in Detroit the following year. (Law.com)
Sometimes the system works, other times not Aug 9, 2008
However, several state and federal courts have ruled that even favorable DNA tests for Arthur would not prove his innocence and that he had missed deadlines for requesting such evidence. Yet another bizarre twist. (Madison County Record, AL)
State Supreme Court rejects noncompete clauses Aug 9, 2008
Businesses and employment lawyers have been following the case closely, anticipating that it would resolve the disagreement between state and federal courts on the meaning of the California law. Federal courts are likely to fall in line now that California's highest court has interpreted the law. (San Francisco Chronicle)
Bin Laden's driver sentenced to 5 1/2 years Aug 8, 2008
Habeas attorneys trying to get recognition of Guantanamo detainee rights in US federal courts are expected to bring the case to the US District Court in Washington to seek Hamdan's release from Guantanamo once his sentence is complete, on grounds of fairness. "David Hicks got nine months. Then he was released. He wasn't kept until the end of the war on terror," said Nancy Hollander, an attorney for a high-value detainee here and an activist with the John Adams Project, which provides pro bono... (Boston Globe)
In Review of High Court Term, Justice Kennedy Still the Man in the Middle Aug 8, 2008
A 5-4 majority, , held that the Military Commissions Act of 2006 unconstitutionally stripped the federal courts of their habeas corpus jurisdiction over Guantanamo Bay detainees ... Both Heller and Boumediene already have begun to play out in the lower state and federal courts, which will soon begin to provide some of the answers to those questions. (Law.com)
Analysis: Bin Laden driver Salim Hamdan trial a disaster for ... Aug 8, 2008
Dozens of hearings are likely in coming years in which detainees, now properly represented by civilian lawyers, petition federal courts to challenge their detention as enemy combatants held without charge. It is a legal mess that will likely leave Guantanamo operating for a considerable time. (Times Online)
'Stunning rebuke' at Gtmo Aug 8, 2008
If not, the lawyers said they were ready to mount a challenge in federal courts, where they believe they would have a strong case. A Pentagon spokesperson said that after Hamdan finishes his sentence, he would go before a military panel that would decide if he should remain in prison. (iAfrica.com)
Tribunal Convicts Bin Laden's Driver Aug 7, 2008
"But its resolution will do little to answer the legal, political and diplomatic questions that surround it. Those answers will begin to come only now, when the conviction and sentence are appealed to the civilian courts - the federal courts that routinely handle appeals in our criminal justice system. Those judges soon will begin to unwind what has just occurred down at Guantanamo Bay, Cuba, to evaluate whether any or all of it was constitutional.". Deputy White House spokesman Tony Fratto... (CBS News)
T-Mobile claims court wins against prepaid phone sellers Aug 7, 2008
The company said it has six other lawsuits pending in federal courts across the country. Reader Comments. (Puget Sound Business Journal, WA)
Teachers' vote seen as OK for drug tests Aug 7, 2008
He also said several federal courts have concluded the government's interest in ensuring safe public schools "does not justify subjecting all teachers to suspicionless drug testing.". State Deputy Attorney General Jim Halvorson alleged the two-page letter misinforms teachers by leaving out a new union determination that says the contract would limit random drug tests to employees who carry a commercial driver's license. (Honolulu Star-Bulletin)
T-Mobile obtains injunction against phone traffickers in Dallas, Houston Aug 7, 2008
Wireless provider said Wednesday two federal courts one in Dallas, another in Houston have issued judgments prohibiting mobile phone traffickers from purchasing the company s wireless phones in bulk to sell them and pocket subsidies created for the benefit T-Mobile s customers. T-Mobile subsidizes its prepaid wireless phones to make them more accessible to consumers. (Dallas Business Journal, TX)
Gaming deal with Sycuan in jeopardy Aug 7, 2008
Most state courts and some federal courts have held that (when that happens) on the state side, that means the compact is invalid, she said. So, if that is true on the state side, it should be true on the tribe side. (San Diego Union-Tribune)
Lawyers Say Execution Violates International Treaty Aug 6, 2008
Condemned prisoner Jose Medellin looked to the U.S. federal courts to keep him from the death chamber Tuesday for his part in the gang rape, beating and strangling of two teenage girls 15 years ago. The Mexican-born Medellin, 33, faces lethal injection in a case that has drawn international attention after he raised arguments that he hadn't been allowed to consult the Mexican consulate for legal help after he was arrested in the girls' murders. (Law.com)
Appeal denied; Mexican executed in Texas Aug 6, 2008
The high court in March ruled for Texas, allowing the execution to proceed, but Medellin's lawyers filed a flurry of emergency appeals in state and federal courts, requesting a stay. They argued that Congress and the Texas Legislature should be given a chance to pass legislation that would give their client a new hearing before punishment is carried out. (SportsIllustrated.CNN -- NBA)
Unfinished business Aug 6, 2008
Last week, Senate Republicans blocked passage of the Free Flow of Information Act, a bill backed by the Senate Judiciary Committee and already passed by the House, that protects journalists from having to reveal confidential sources in federal courts. The law incorporates exist ing Justice Department guidelines and echoes the shield laws already on the books in 49 states and the District of Columbia. (NJ.com -- Times)
N.C. man sentenced to 2 years in BB&T fraud case Aug 6, 2008
Federal courts found that White told BB&T (NYSE: BBT) that the collateral pledged on more than $2 million in credit and loans was free of all adverse claims or interests. In fact, however, White had pledged the same inventory as collateral to another bank in 2005. (Triangle Business Journal)
State, FERC Thawing an Icy Relationship Aug 6, 2008
Unlike Davis, who vowed to take his refund battle into the federal courts, Schwarzenegger s posture is not so clear. I think the Schwarzenegger administration is pushing to get back all the refunds for which California is entitled, Sweeney said, but we simply have not taken a stand on what the right amount is. (Yahoo News -- Utility Industry Deregulation)
Should the Anthrax Guy's Shrink Have Gone to the Cops Sooner? Aug 6, 2008
The 1996 Supreme Court case officially recognized psychotherapist-patient privilege in federal courts. That decision, concerning a police officer accused of excessive force who sought to keep his social worker's notes out of a trial, states that "effective psychotherapy depends upon an atmosphere of confidence and trust in which the patient is willing to make a frank and complete disclosure of facts." Patients, in other words, should feel secure that what they reveal in a clinical setting is... (Slate)
National Night Out events set for today Aug 6, 2008
HUNTSVILLE, Texas - Condemned prisoner Jose Medellin looked to the federal courts to keep him from the death chamber Tuesday for his part in the gang rape, beating and strangling of two teenage girls 15 years ago. HEALTH NEWS. (News Central Portal Site, CA)
Judge takes on death row gridlock Aug 5, 2008
The veteran jurist s article is being studied in legal circles at the same time the U.S. Justice Department is putting the final touches on regulations to give the attorney general increased sway over death penalty cases, including the power to shorten death row inmates time to appeal convictions to federal courts ... Alarcon listed 20 procedural hurdles to execution, including years-long delays in preparing trial transcripts and in appointing lawyers for appeals and drawn-out deliberations by... (Yahoo News -- Death Penalty)
Ticket scam websites shut down Aug 5, 2008
Olympic officials have apparently succeeded in convincing US federal courts to shut down two websites selling Beijing Olympic tickets that turned out to be fakes. The sites, beijingticketing. (Sydney Morning Herald -- Technology)
LETTERS: NCT, Aug. 4, 2008 Aug 5, 2008
Wonder how many known felons work in federal courts. Make selling metals as hard as cashing a check; thumbprint, picture ID, please. (North County Times)
Product liability lawsuits swell caseloads Aug 3, 2008
The number of lawsuits filed in federal courts nationally has stayed fairly steady over the past year. But a closer look at the filings, according to Stehr, reveals that nearly 10 percent - more than 25,000 - of all the civil filings this year are product liability cases. (East Bay Business Times, CA)
Another Circuit Court Kicks Judge Real Off Case Aug 2, 2008
This January, the judicial discipline review body for the federal courts, the Conduct Committee of the Judicial Conference of the United States, disclosed that Real had been accused of a pattern in 72 cases over the years of not providing reasons for decisions as required. . (Law.com)
Tainted Peanut Butter Cases Can't Proceed as Class Action Aug 1, 2008
Moreover, he said, "Under the plaintiffs' trial plan, at least 6,000 individual trials on exposure, injury, causation, damages and other individual issues will have to be prosecuted whether or not a class is certified, presumably by the lawyers already retained by the personal injury claimants. This is not a case where class certification avoids clogging the federal courts with innumerable individual suits litigating the same issues repeatedly. ... If class certification is denied, these cases... (Law.com)
5 states vow to sue EPA over warming Aug 1, 2008
California officials say the national fuel standards are not as stringent and appealed the decision in state and federal courts. Copyright 2008 The Associated Press. (MSNBC -- Environment)
House panel recommends citing Rove for contempt Jul 31, 2008
His attorney, Robert Luskin, had urged the committee in a letter not to vote for a citation, calling it a "gratuitously punitive" action that would serve no purpose because the issue of executive privilege is the subject of two cases pending in federal courts. Representative John Conyers, Democrat of Michigan, who is chairman of the committee, expressed regret that the panel had been forced to use its subpoena power. (Boston Globe)
REGION: Intertribal court moves to Rincon Jul 31, 2008
Federal courts handle felony cases on the reservations. On local reservations, tribal councils, usually made up of five elected officials, serve as "judges" over disputes that occur in their reservations. (North County Times)
Convicted murderer serving life says he, not Thomas Arthur, killed Troy Wicker Jr. in 1982 Jul 31, 2008
State and federal courts have repeatedly ruled that DNA testing of the evidence could not exonerate Arthur, and that he missed deadlines in filing appeals requesting testing. E-mail: sdiel@bhamnews. (AL.com)
Mining company appeals 9th Circuit ruling Jul 30, 2008
He also said the U.S. Supreme Court has said federal courts will not reopen issues already decided in state court. In April of this year, the 9th Circuit affirmed Lovell's ruling, holding that Montana is immune from federal takings claims. (Missoulian, MT)
Bush approves execution of Army private Jul 30, 2008
Military courts have not yet set an execution date for Gray, who can still appeal through civilian federal courts. The Army also has sought Bush's authorization to execute another condemned soldier, Pvt. (CNN -- US)
Obama's War Party Jul 30, 2008
For Obama and the Democrats, Bush water-boarded too many Khalid Sheikh Mohammads, imprisoned too many in Guantanamo, made too many arguments against granting terrorists access to federal courts, authorized too many warrantless international wiretaps, made too much use of the PATRIOT Act and put too many troops in Iraq. To prove they are not appeasers, they want more troops in Afghanistan. (Human Events Online)
Court reverses ruling on Whole Foods-Wild Oats deal Jul 30, 2008
Federal courts have the power to grant relief on the FTC's complaint, despite the merger's having taken place. the appeals court said. (San Diego Union-Tribune -- Business)
Air board takes a strong stand against polluting bunker fuel Jul 29, 2008
Industry officials point out that federal courts threw out an earlier ARB regulation that forced ships docked at California ports to reduce emissions from their auxiliary engines. But the invalidated emission rule required California to get approval from the federal Environmental Protection Agency. (Fresno Bee)
Kozlowski sentenced to up to 25 years in prison Jul 28, 2008
As the first high-profile corporate fraud case tried in a state court, legal experts had been watching the sentence to see whether state judges would follow the lead of judges in federal courts, who have imposed severe sentences on corporate executives found guilty of white collar crimes. got 25 years for his role in the collapse of WorldCom. (Yahoo News -- Tyco)
BAY AREA BIZ Your one-stop shop for Bay Area business events is at sfgate... Jul 27, 2008
-- Kelly Woodruff, a partner at Farella Braun + Martel LLP in San Francisco, was appointed to the State Bar of California's Committee on Federal Courts. -- Mark Woodward was named CEO at Redwood City's E2open Inc., and Peter Maloney was named chief financial officer and Andrew Salzman was named chief marketing officer. (San Francisco Chronicle -- Business)
Political signs receive a reprieve Jul 27, 2008
"The federal courts around the country and our 3rd District Court here in Cincinnati also made a decision you cannot restrict the days prior to an election when you can erect a political sign. That is why it is being removed. ... "Our ordinance was found to be unconstitutional. " Roark did not agree with the decision and was the lone dissenter on the vote. "It just amazed me that for all the years, and even the last couple that I was running, it was never an issue," he said. "And all of a sudden... (The News-Herald)
Judge takes on death row gridlock Jul 27, 2008
The veteran jurist s article is being studied in legal circles at the same time the U.S. Justice Department is putting the final touches on regulations to give the attorney general increased sway over death penalty cases, including the power to shorten death row inmates time to appeal convictions to federal courts ... Alarcon listed 20 procedural hurdles to execution, including years-long delays in preparing trial transcripts and in appointing lawyers for appeals and drawn-out deliberations by... (Yahoo News -- Death Penalty)
US atty gen urges lawmakers to resolve detainee rights Jul 26, 2008
If Congress fails to act, federal courts will end up deciding procedural rules for more than 200 pending cases for detainees, Mukasey said. "With so many cases, there is a serious risk of inconsistent rulings and considerable uncertainty" by different federal judges, he said. (Yahoo News -- Politics)
Court rules casino is a `vessel' for legal claim Jul 26, 2008
where the Belle of Orleans was undergoing repairs in 2006, because federal courts have jurisdiction in maritime disputes. The Belle of Orleans was docked in New Orleans and sustained heavy damage when Katrina hit on Aug. 29, 2005. (AL.com)
Officials discuss closure criteria Jul 25, 2008
Richmond County officials stressed the process will be lengthy, adding that the federal courts must sign off before any schools are closed or any attendance zones change. Reach Greg Gelpi at (706) 828-3851 or. (The Augusta Chronicle)
UPDATE: Christopher Emmett Executed Jul 25, 2008
"Emmett's trial, verdict, and sentence have been reviewed in detail by various state and federal courts, including the Supreme Court of Virginia, United States District Court for the Western District of Virginia, the United States Court of Appeals for the Fourth Circuit, and the United States Supreme Court. "Emmett's challenge to Virginia's lethal injection procedures has been reviewed and rejected by the U.S. District Court for the Eastern District of Virginia and the U.S. Court of Appeals for... (WTVR.com, VA)
Town Loses Appeal in Leith Lawsuit Jul 25, 2008
" Williams noted that Southern Pines' decision to change the zoning was procedurally irregular, that Leith was singled out for treatment, that the zoning change was made without any studies, and that the town changing the zoning after receiving a petition "at least suggests that citizenry opposition was based not upon legitimate land-use issues" but really just because some residents don't like car dealerships. "Both parties agree that, if Leith possesses a vested right in the property as... (The Pilot Newspaper)
Shareholder Class Action Filed by the Law Firm of Schiffrin Barroway Topaz & Kessler, LLP on Behalf of Purchasers of the SSgA Yield Plus Fund Jul 24, 2008
Plaintiff seeks to recover damages on behalf of class members and is represented by the law firm of Schiffrin Barroway Topaz er which prosecutes class actions in both state and federal courts throughout the country. Schiffrin Barroway Topaz er is a driving force behind corporate governance reform, and has recovered billions of dollars on behalf of institutional and individual investors from the United States and around the world. (PR Newswire)
Federal Judge Calls Halt to Ugly Fee Dispute Jul 24, 2008
Peoples said he settled the dispute "with a gun to my head," but that he believes the settlement was legally invalid because the federal courts never had jurisdiction over his dispute with Langer. Because the dispute centers on a referral fee, Peoples said, DuBois had no jurisdiction and should have remanded the case to state court. (Law.com)
Newsweek: Dems ignore Mukasey on Gitmo Jul 24, 2008
Raising the prospect that inmates might be unleashed onto the streets of American cities, said Wednesday there is an "urgent" need for Congress to enact a new law governing how federal courts handle legal challenges from detainees at the U.S. prison camp in Cuba ... Mukasey's plea for action came in response to the Supreme Court's 5-4 decision last month in , which granted Gitmo detainees the right to challenge their incarceration in federal courts. (MSNBC -- Terrorism)
Sockeye come back in record numbers Jul 24, 2008
Some say it's because federal courts ordered the release of extra water over dams in 2006 and 2007 to make passage easier when the fish were young and migrating to sea. Others cite improved ocean conditions. (OregonLive, OR -- News)
