Mass. court reinstates lawsuit against Wal-Mart Sep 24, 2008
But the state's Supreme Judicial Court overturned that ruling on Tuesday and cleared the lawsuit to proceed as a class-action case, finding that the lower court was wrong to exclude testimony from a statistician whose data backed up employee claims. The claims are similar to those made by Wal-Mart employees in other lawsuits around the country. (San Diego Union-Tribune -- Business)
Virginity lie shouldn't end marriage, French court told Sep 23, 2008
The lower court based its decision on an article of the French Civil Code that states that a spouse can seek an annulment if the partner has misrepresented his or her essential qualities. Eric Vaillant, a spokesman for the Douai appeals court, said prosecutors told the three-judge tribunal during a nearly two-hour hearing that a woman s virginity is in no way an essential quality, as the lower court had suggested. (Atlanta Journal-Constitution -- World)
Supes to vote on medical marijuana ID Sep 23, 2008
On July 31, the 4th Circuit Court of Appeals unanimously ruled against the challenge to the ID card program, upholding the lower court decision that determined the program was lawful. "We were waiting for what the result of that lawsuit would be," said Perry Rickard, director of the Kings County Department of Public Health. (Hanford Sentinal, CA)
Are campaign contributors buying justice? Sep 21, 2008
Supreme Court overturned a 2002 lower court decision that ordered a Massey affiliate to pay $50 million in damages for fraudulently interfering with Mr. Caperton's business. Justice Benjamin cast the decisive vote in the 3-2 decision, announced in November. (Pittsburgh Post-Gazette, PA)
Suits, Legislation Over a Civil Right to Counsel Grow Across U.S. Sep 19, 2008
A lower court granted the attorney, but the case was appealed. Gordanier v. Jonsson, No. 3AN-06-8887. (Law.com)
2nd Circuit Finds Alterations May Open Resort to Disabilities Act Sep 19, 2008
Reversing a lower court, the circuit said a resort in Montauk, N.Y., underwent significant enough renovations so that it might be required under the Americans With Disabilities Act to make changes to allow access to customers who use wheelchairs. Judges Dennis Jacobs, Rosemary Pooler and Robert Sack reversed Eastern District of New York Judge Leonard Wexler in the case of , 06-4730-cv. (Law.com)
Stilley loses again in long-running tax case Sep 19, 2008
the lower court didn't list specific charges before convicting him of criminal contempt. the lower court was improperly both an "accuser and decider" in his case ... The Supreme Court on Thursday said the lower court made its complaint against Stilley "abundantly clear" and that Stilley never asked that the $50 per day fine be waived while he appealed. (Searcy Daily Citizen, AR)
Jail for Danish 'terror T-shirts' Sep 19, 2008
In December a lower court acquitted all seven defendants, after finding that the two organisations were "not really terrorist" groups. But an appeal court on Thursday overruled that decision, declaring Farc and the PFLP "terrorist organisations that have committed acts aimed at destabilising a state or a government and have attacked civilian targets". (BBC News -- Europe)
Rex Appeals Court Ruling on MBO Price Sep 18, 2008
Tokyo, Sept 18, 2008 (Jiji Press) - Rex Holdings Inc. has filed an appeal with the Supreme Court against a lower court ruling that the tender offer price under a management buyout scheme in 2006 was unfairly low, company officials said Thursday. The appeal came after Tokyo High Court ruled earlier this month that Rex management should raise the acquisition price to 336,966 yen per share from the 230,000 yen paid to Rex shareholders in the MBO deal. (JCN Network, Japan)
California tuition break for illegal immigrants can be challenged Sep 17, 2008
A lower court dismissed the suit, but the 3rd District Court of Appeal in Sacramento ruled Monday the case could continue. The out-of-state students argue that federal law requires states that provide in-state rates to undocumented immigrant students to offer the same benefit to out-of-state students. (Los Angeles Times)
Code of conduct for lower court judges Sep 17, 2008
MUMBAI: District court judges and other subordinate judicial officers may have to watch what they do when High Court judges and the Chief Justice of a High Court come a-visiting. Prompted by the embarrassing multi-crore provident fund scam that broke out in a UP court, the Chief Justice of India (CJI) sent out a 12-point 'model code of conduct for subordinate judicial officers in connection with visits of Chief Justice and judges of the High Court,' with a request that all high courts adopt and... (India Times, India -- Community News)
PF scam: SC seeks Centre's response on CBI probe Sep 16, 2008
This question assumes significance as the UP police, despite revealing that it had strong evidence on the alleged involvement of 34 judges one in Supreme Court, 8 in Allahabad High Court, one each in Uttarakhand and Calcutta HCs and 23 lower court judges had cited ground level difficulty in continuing with the probe with a suggestion that it should be given to CBI.. Pursuant to this disclosure in SC on September 9, the Mayawati government had sent a request to the Centre recommending... (India Times, India -- Community News)
Court gets documents sought from backers of Nevada version of California's Prop. 13 Sep 16, 2008
(AP) -- Copies of an adverse lower court order were filed by a Monday deadline with the state Supreme Court by proponents of a Nevada version of California's tax-capping Proposition 13. The high court also got a copy of the order from its author, Senior District Judge Charles McGee, who has held that the plan couldn't qualify for the Nov. 4 ballot because there were too many flaws in affidavits supporting it. (KRNV.com, NV)
Libya acts in HIV row with Bulgaria Sep 16, 2008
Aids experts testified to a lower court last year that the epidemic started before the nurses arrived at the hospital in eastern Libya, possibly due to poor hygiene or the unsafe use of syringes and blood products. The nurses have been in prison since 1999. (Yahoo News -- Libya)
Bessemer pharmaceutical company files Chapter 7 Sep 16, 2008
filed for Chapter 7 bankruptcy protection Sept. 3 after a federal court reversed a lower court s patent infringement decision against the Birmingham firm. The U.S. District Court for the North District of Alabama was admonished by the for the Federal Circuit in August for dismissing a suit filed by The higher court ordered the district court to proceed with Central Admixture s infringement case against Advanced Cardiac that centers around a heart surgery drug. (Birmingham Business Journal, AL)
Va. decision knocking down antispam law strikes blow for First ... Sep 15, 2008
The lower court avoided the First Amendment issue by finding that the statute, which makes it a misdemeanor to falsify or forge electronic mail transmission in connection with the transmission of unsolicited bulk electronic mail Doing so to 10,000 or more recipients in a 24-hour period makes it a felony. Moving past the standing issue, the fundamental question was whether this law was unconstitutionally overbroad in violation of the First Amendment. (ZDNet Blogs)
Bush affirms vow to fight terrorists Sep 14, 2008
A lower court ordered several US-based Islamic groups to pay $156 million to Boim's family, who said money that several US-based Islamic groups gave to Palestinian charities ultimately helped fund terrorism. A three-judge panel of the 7th US Circuit Court of Appeals threw out that lower court's order. (Boston Globe)
MILITARY: Remaining Haditha cases mired in courts Sep 14, 2008
A lower court ruled the military judge should view the outtakes and then decide if they contain relevant information that should be shared with prosecutors. Attorneys representing CBS and the Marine Corps will each have 20 minutes to argue their cases. (North County Times)
Legion should let this smoking issue fade away Sep 14, 2008
A Bremerton American Legion Post s attempt to carve out an exception to Washington s voter-approved smoking ban for private clubs suffered another legal setback Thursday, when the of an unfavorable lower court decision. It was a narrow, 5-4 decision, though, prompting an attorney representing the legion post to consider an appeal to the U.S. Supreme Court. (Longview Daily News, WA)
Deputy's Three Taser Jolts to Handcuffed Motorist Not Excessive, SaysSplit 11th Circuit Sep 13, 2008
In an released Sept. 9, the split panel reversed the lower court ruling of a Florida district judge and remanded the case for dismissal. In the panel's majority opinion, J.L. Edmondson, chief judge of the 11th U.S. Circuit Court of Appeals, held that Deputy Jonathan Rackard's repeated use of a Taser on a handcuffed Jesse Daniel Buckley was not an unconstitutionally excessive use of force. (Law.com)
Taking a measure of value Sep 13, 2008
Arizona House Speaker Jim Weiers thinks so, so much that he s reportedly approved that rate for Starr s help in arguing to the U.S. Supreme Court that lower court judges should stay out of decisions on how the state Legislature funds education programs. The fight is over the Equal Education Opportunity Act. (Sierra Vista Herald, AZ)
Biden, Palin May Loom Large in Judge Picks Sep 12, 2008
Barack Obama selected a running mate who, as chairman of the Senate Judiciary Committee from 1987 to 1995, officiated at the confirmation hearings of five Supreme Court justices, one would-be justice, and hundreds of lower court judges ... Palin has also seeded the lower courts with lawyers from all walks -- public defenders, prosecutors, criminal defense attorneys and civil trial attorneys. (Law.com)
No possibility of bail for Ansals at the moment: Lawyers Sep 12, 2008
When the highest court takes a stand, one cannot expect a lower court to differ. . (Expressindia.com)
Top court upholds NS teen's dangerous driving acquittal Sep 12, 2008
The majority of the high court agreed with a lower court judge who declared the 15-year-olds police statement inadmissible. Justice Morris Fish, writing for four of the seven Supreme Court judges, placed the onus on the police to determine a persons ability to understand their instructions. (TheChronicleHerald.ca)
Ex-KKK man freed over 1964 deaths Sep 11, 2008
The 5th US Circuit Court of Appeals ruled that the lower court had failed to recognise a statute of limitations applied to the case. Mr Seale's lawyer, Kathy Nester, had argued that a 1972 law abolishing the death penalty for kidnapping also imposed a five-year limit in such cases. (BBC News -- Americas)
Gov tries to bypass lower court in ballot dispute Sep 11, 2008
But Barbour is asking the Supreme Court to bypass the lower court and rule in his favor. He says a sample ballot needs to be released immediately. (The Clarion-Ledger)
Canon Wins Appeal in U.S. Patent Suit Sep 11, 2008
in a patent infringement case related to a next-generation flat-panel display, Canon officials said Tuesday (JCN Network, Japan)
3rd Circuit Revives Investors' Claims Against Merck Sep 10, 2008
But a dissenting judge said she agreed with the lower court's decision to toss the suits out on statute-of-limitations grounds because the investors waited more than two years after the first "storm warnings" that Vioxx was unsafe. Writing for the majority in , U.S. Circuit Judge Dolores K. Sloviter found that the lower court had misconstrued the plaintiffs' claims by ignoring allegations that Merck had "dissipated" the storm warnings by making "reassuring statements" that kept the company's... (Law.com)
NFL Held Liable in 'Voice of God' Case Sep 10, 2008
In the lower court, Hart sided with Lauricella and concluded that the film was not a documentary because it "lacks the journalistic independence typical of the maker of a documentary" and because NFL Films had a "direct financial interest" in the success of the video game. Ambro agreed with Hart, saying "like an infomercial, the program focuses on one product, explaining both how it works and the source of its innovations, all in a positive tone.". (Law.com)
Court weighs whether Pa. towns can stop gas wells Sep 10, 2008
If a lower court ruling is allowed to stand, municipalities could become virtually powerless to control the growing number of gas and oil wells that are being drilled throughout the state ... Patricia Dodge, who represents Huntley ey, said upholding the lower court s ruling would still allow municipalities to control certain aspects of drilling ... She urged the high court to uphold the lower court ruling, arguing that the act balances the optimal development of oil and gas resources with... (Somerset Daily American, PA)
PF scam: UP police wants CBI probe against 34 judges Sep 10, 2008
Besides an apex court judge, eight judges of the Allahabad High Court, one each in Uttarakhand and Calcutta HCs and 23 lower court judges are under scanner. In his report, the Ghaziabad SSP has clearly mentioned that a number of judges, who at one point of time served as the district judge of Ghaziabad, appear to be "directly involved in this scam". (Zee News)
Malaysia's Anwar fights bid to move sodomy case Sep 10, 2008
Anwar's lawyer Sulaiman Abdullah accused the government of delaying tactics, and said there was no need to shift the case as sodomy trials are usually held in the lower court. "It is going to be a waste of time if they transfer to the High Court, because they have to start the whole process again, and explain to the new judge what it's all about," he said. (Sydney Morning Herald -- World)
Malaysia's Anwar fights bid to move sodomy case to High Court Sep 10, 2008
This is a public interest case," government lawyer Yusof Zainal Abidin said. Anwar's lawyer Sulaiman Abdullah accused the government of delaying tactics, and said there was no need to shift the case as sodomy trials are usually held in the lower court. "It is going to be a waste of time if they transfer to the High Court, because they have to start the whole process again, and explain to the new judge what it's all about," he said. "This is selective justice. People that they don't like go to... (Channelnewsasia.com)
Minn. appeals court to hear Sen. Craig case Sep 10, 2008
Craig's attorneys say the lower court abused its discretion and that there is no factual basis for a disorderly conduct charge. Craig, a Republican, has said he will finish his term, which ends in January 2009. (Brainerd Daily Dispatch)
Indian painter cleared by court Sep 9, 2008
The Supreme Court also upheld a lower court ruling in May that dropped legal proceedings in three cases against the painter and cleared him of obscenity charges. Under Indian laws, obscenity is a criminal offence. (BBC News -- South Asia)
Doctor Dress Codes Could Cut Infection Rates Sep 9, 2008
Reporter George Howell explains why prosecutors are charging the Skagit County shooting spree suspect in a lower court before moving the case to Superior Court. Market Place. (KIRO TV, WA)
Thai PM faces court showdown over cooking show Sep 8, 2008
A lower court sentenced Samak to three years in jail, and an appeals court is expected to rule Sept. 25 on whether to uphold the sentence. If the court does that, Samak would have to quit immediately. (International Herald Tribune -- Sports)
Microsoft Burned by What It Didn't Know: EU Court Split on Windows Ruling Sep 7, 2008
It may have been difficult to persuade the judges to overturn the lower court's decision, said , an antitrust lawyer at law firm Ashurst in Brussels. Microsoft would have had to prove that the lower court misapplied EU law. (Bloomberg)
Internet posts spur lawsuitsSecaucus seeks real identities of anonymous critics Sep 6, 2008
In that case, the police had obtained a subpoena from a lower court. However, the state Supreme Court later ruled that a grand jury subpoena must be used to obtain someone's identity before that person can be sued for libel. (West New York Reporter, NJ)
Bill Seeks to Curb Polluting Mexican Trucks Sep 6, 2008
The Supreme Court ruling this month sided with Bush and threw out a lower court order that had blocked the trucks from entering the country on grounds that they would worsen pollution in areas of the Southwest that already suffer from bad air quality. More than 4 million trucks enter the United States from Mexico every year, but they are now required to stay within 20 miles of the border. (Yahoo News -- Transportation Issues)
Fla. court tosses ballot attempts to allow public religion funding Sep 6, 2008
A lower court had upheld the initiatives in an Aug. 4 decision. Americans United for the Separation of Church and State and the Anti-Defamation League, which supported the plaintiff in the case, hailed the ruling. (USA Today -- News)
Ruling permitting nudity on beaches appealed Sep 6, 2008
The state Department of Parks and Recreation has appealed a lower court ruling that blocked it from enforcing a ban on nudity at San Onofre State Beach. The appeal was filed Wednesday with the 4th District Court of Appeal in San Diego, said a spokeswoman for the state Attorney General's Office. (San Diego Union-Tribune)
Schenectady officer faces charges Sep 5, 2008
Coleman, a former prosecutor herself for 15 years, said the grand jury can do one of four things on Friday: vote to indict; return a no bill, which means no charges are lodged; issue a grand jury report; or direct a prosecutor to file a misdemeanor charge to a lower court. Paul Nelson can be reached at 454-5347 or by e-mail at pnelson@timesunion. (Albany Times Union)
Md. Court of Appeals: Eli Lilly Not Responsible for Accident Sep 5, 2008
The Court of Appeals upheld a lower court decision granting summary judgment to Eli Lilly in a lawsuit brought by Mary Gourdine, the widow of a Prince George's County councilman who was killed in a 2002 accident on the Capital Beltway. Isaac Gourdine's car was rear-ended when another driver, Ellen Crews, suffered an adverse reaction to her medication. (ABC 7 News, DC)
Judge Spooked by Sex Offender's Donning of Sunglasses Is Dressed Down on Appeal Sep 4, 2008
Use of black glasses in courtrooms is 'universally considered' to be a threatening gesture, says lower court judge. Michael Booth. (Law.com)
High Court strikes down Amendment 5 Sep 4, 2008
In affirming a lower court decision, the court said it wouldn t entertain a motion for rehearing. Amendment 5 was proposed by the as long-overdue tax relief. (Tampa Bay Business Journal, FL)
Felderhof's lawyer still seeking payment Sep 4, 2008
Last week, the Fifth Circuit appeal court in Texas ordered the case back to the lower court judge for further review, putting ownership of the house back into limbo. Mr. Groia took the ruling in stride and said yesterday that he won't back down. (Globe and Mail)
Long Time Coming Sep 3, 2008
This is in contrast to the Jessica Lal murder case where the prime accused, Manu Sharma the son of an influential politician was initially acquitted by a lower court ... It overturned the lower court ruling and sentenced Sharma to life imprisonment. (India Times, India)
High school to remain closed a 2d day Sep 3, 2008
In a brief opinion Friday, the Supreme Judicial Court found no error in a lower court ruling that upheld the secretary of state's refusal to grant Laurie Dobson an extension of the June 2 deadline. (AP). (Boston Globe)
John Pope's widow not entitled to trust funds, court says Sep 3, 2008
The ruling upholds a lower court decision handed down in 2006. Reader Comments. (Raleigh Triangle Business Journal, NC)
Inco Pollution Trial Is Delayed 13 Months by Ontario Judge, Lawyer Says Sep 3, 2008
In 2005, the Court of Appeal for Ontario overturned two lower court rulings and certified the suit as a class action. It was the first time a Canadian court outside Quebec had approved a class action against a company over long-term environmental damage. (Bloomberg -- Canada)
Budget woes spark school district merger talks Sep 2, 2008
A federal appeals panel in April upheld a lower court s dismissal of the lawsuit, but it has been appealed to the U.S. Supreme Court, said Mike Nolles, who leads a group dedicated to preserving the small schools and whose wife is one of the plaintiffs. The one-room school that Nolles 12-year-old daughter attends in north-central Nebraska is still operating, but the loss of local control has discouraged parental involvement, he said. (Somerset Daily American, PA)
Newswatch, Police/Fire Sep 1, 2008
The state Supreme Court ruled Friday that a lower court was wrong in 2004 when it let Hawaii County Councilman James Arakaki serve one more term, despite a new term limit provision in the county charter. But the winning lawyer in the case, Fred Paul Benco of Honolulu, said he thinks the real message from the Supreme Court is a warning not to be sloppy when writing laws. (Honolulu Star-Bulletin)
Supreme Court defines who's an idiot Aug 31, 2008
The Bench affirmed the lower court orders convicting Gond for the murder. If the investigating agency came across a history of insanity, it was duty-bound to subject the accused to a medical examination, the judges said. (India Times, India)
Our view: Trifecta of trouble Aug 31, 2008
The highly controversial tax swap plan has been tossed out by a lower court that called it misleading, but it's now before the Florida Supreme Court on appeal. Fortunately, voters appear to be seeing the measure for what it is -- a big con that would cripple education and cause irreparable harm to our kids and teachers. (Florida Today)
Court: U.S. can bar mad-cow testing Aug 31, 2008
The U.S. Court of Appeals for the District of Columbia Circuit on Friday overturned a lower court ruling that would have cleared the way for the testing. The appeals court said restricting the test is within the scope of the government's authority. (USA Today -- Money)
Prosecutors argue for Nacchio's conviction Aug 30, 2008
The government's filing for that hearing argues jurors would have convicted Nacchio even if Fischel had testified in 2007 and that, even if the appeals court thought Fischel could have swayed the jury, the appellate court should have simply ordered a new lower court hearing on the suitability of Fischel's testimony without demanding a whole new trial. The hearing brief for Nacchio's defense is expected to be filed before midnight Friday. (Denver Business Journal, CO)
Rwanda: Ex-Kigali Rural Governor Pleads for Acquittal Before UN Appeals Chamber Aug 29, 2008
The former Governor of Kigali Rural Francois Karera, 69, has urged the Appeals Court of the International Criminal Tribunal for Rwanda (ICTR) to use their wisdom and quash his life sentence Imposed by the lower court in December,2007 ... Earlier, the lead counsel Carmelle Marchessault and her co-cousel Alexandre Bergevin from Canada stated that the lower court's judgment did not do justice to the accused and considered it " as miscarriage of justice and erred in law". (allAfrica.com)
Appeals Court Upholds Peter Koo’s Candidacy Aug 29, 2008
Friday August 29, 2008. Appeals Court Upholds Peter Koo s Candidacy by Jillian Abbott, Chronicle Reporter08/28/2008. (Queens Chronicle, NY)
Libya acts in HIV row with Bulgaria Aug 29, 2008
Aids experts testified to a lower court last year that the epidemic started before the nurses arrived at the hospital in eastern Libya, possibly due to poor hygiene or the unsafe use of syringes and blood products. The nurses have been in prison since 1999. (Yahoo News -- Libya)
Panel Upholds 'Privileged Material' Ruling Against Mohawk Aug 28, 2008
The appellate panel also determined that while a writ of mandamus may be an appropriate way to seek review of lower court discovery orders involving privilege claims, it is "an extraordinary remedy" that is appropriate only when "no other adequate means are available to remedy a clear usurpation of power or abuse of discretion by the district court. ... Mohawk has not shown that either occurred here.". Randall L. Allen, a partner with Alston & Bird who is defending Mohawk in the Carpenter case,... (Law.com)
Exxon Agrees to Pay Out 75 Pct of Valdez Damages Aug 28, 2008
While the US Supreme Court ruled on the subject, the justices sent the case back to the lower court to handle the final settlement of the US$507. 5 million award, which the Court said was the maximum damages available to the plaintiffs. (Planet Ark, United States)
Swift Supreme Court decision sought for ABCP Aug 28, 2008
But the Ontario Court of Appeal this month upheld a lower court ruling from June that said the plan could go ahead. Until it is resolved, other investors face delays in recovering money from the restructuring plan, which was developed over the past year. (Globe and Mail -- Business)
Grocery store embezzlement charges dismissed Aug 28, 2008
The district attorneys office appealed Mangersons decision to the third district court of appeals in Wausau and that group reversed the lower court decision. The court agreed that the subpoenas were issued in violation of state statutes but argued that suppression of the records and the statements was not available as a remedy to the states error. (Forest Republican, WI)
Court ruling favors employers in lawsuit over meal breaks Aug 27, 2008
Although a lower court certified the case as a class-action lawsuit with the potential for thousands of plaintiffs and millions of dollars in damages, the appeals court said the case did not meet that threshold. The appeals court also ruled that employers are obligated to provide a meal break, not make sure it is taken. (Fresno Bee)
