* English soccer clubs seek to stamp out anti-Semitic, Islamophobic behavior Apr 5, 2008
There need to be more effective mechanisms when dealing with antisemitism and Islamophobia and we want strict liability, with clubs being held responsible for the actions of supporters, he said. Goldberg said the situation at the London soccer club West Ham United was particularly bad, adding: I know one parent who wont take his kids there any more and we know that far-right groups are using lower-league clubs to organize violence and intimidation against religious and ethnic... (Taipei Times, Taiwan -- World)
Judge to RIAA: You can't sue over songs 'made available' via P2P Apr 2, 2008
It's what lawyers like to call a strict liability offense--meaning that even accidental "making available" can slap you with a $222,000 penalty. This might make sense for corporate defendants, but it gets bizarre quickly when applied to hundreds of millions of Internet users. (CNET News.com)
CORRECTING and REPLACING -- RedChip Visibility Issues 3QFY08 Research Report Update On GeoPharma Mar 29, 2008
To the fullest extent permitted by law, RedChip Companies, Inc., will not be liable to you or anyone else under any tort, contract, negligence, strict negligence, strict liability, products liability or other theory with respect to this presentation of information. Contact. (Primezone Releases)
No cartel extradition without mutual criminality Mar 15, 2008
The offence was a statutory offence of strict liability. It did not require proof of fraud, deception or dishonesty and count 1 made no such allegation. (Times Online)
Gun shop, inspector face off Mar 5, 2008
However, that importance cannot turn the statutory requirement of 'willful' violations of law as the prerequisite for the revocation of a federal license into what becomes, in practical application, a standard of strict liability that admits no latitude for human paperwork error. . (Pocatello Idaho State Journal, ID)
ATTENTION INVESTORS: Klafter & Olsen, LLP Announces That Certain Investors in Orion Energy Systems, Inc. May Pursue Strict Liability Claims Against the Company and Other Defendants as a Lead Plaintiff Feb 21, 2008
ATTENTION INVESTORS: Klafter , LLP Announces That Certain Investors in Orion Energy Systems, Inc. May Pursue Strict Liability Claims Against the Company and Other Defendants as a Lead Plaintiff ... ATTENTION INVESTORS: Klafter , LLP Announces That Certain Investors in Orion Energy Systems, Inc. May Pursue Strict Liability Claims Against the Company and Other Defendants as a Lead Plaintiff ... The law generally imposes strict liability on defendants responsible for a materially false and... (PR Newswire)
Terms & Conditions Feb 16, 2008
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN... (MSNBC -- Sports)
Harrahs sold Feb 8, 2008
According to reports, fire investigator Terry Taylor, from Northern Nevada, said he believes the legal concept of "strict liability" applies to violations of the building code and other safety codes. Under strict liability, intent does not matter, only actions, according to Taylor. (Wellington Daily News, KS)
Tories take MP back into fold Feb 4, 2008
"The fine was a strict liability issue, and the court found there was no intention to deliberately overspend," Mr. Sparrow said yesterday. He referred all questions to Elections Canada, which did not immediately return calls yesterday. (Globe and Mail -- National)
Taunting Evidence Intensifies the Tiger Case Jan 19, 2008
It s always scary to see the power of the state so forcefully applied to destroying the reputations of individuals to avoid what certainly should be a strict liability issue. Posted by Carl Woods. (New York Times)
District of Columbia Appellate Court Upholds Dismissal of Lawsuit Against Gun Makers Jan 11, 2008
The district and the plaintiffs had sued the manufacturers under the district's so-called Assault Weapons Manufacturing Strict Liability Act which imposes automatic and absolute liability on manufacturers for injuries resulting from criminal shootings in the district, even if, as Judge Farrell observed, the criminal shootings happened "years after the manufacture or sale and despite the utmost care taken in the manufacture or sale" of the firearm. In upholding the dismissal Judge Farrell noted... (PR Newswire)
Matier & Ross: Swearing-ins: blue carpet vs. milk, cookies Jan 10, 2008
Legal experts tell us that because of the "strict liability" provision of state law, the city is responsible for injuries or death caused by a wild animal at the zoo under virtually any circumstances. A plaintiff doesn't even have to prove that the city was negligent, says Matt Davis, a former San Francisco deputy city attorney and now partner at the downtown law firm Walkup, Melodia, Kelly and Schoenberger. (San Francisco Chronicle -- Politics)
Swearing-ins: blue carpet vs. milk, cookies Jan 10, 2008
Legal experts tell us that because of the "strict liability" provision of state law, the city is responsible for injuries or death caused by a wild animal at the zoo under virtually any circumstances. A plaintiff doesn't even have to prove that the city was negligent, says Matt Davis, a former San Francisco deputy city attorney and now partner at the downtown law firm Walkup, Melodia, Kelly and Schoenberger. (San Francisco Chronicle)
Gatlin plans to fight 4-year doping suspension Jan 3, 2008
A CAS panel said under the doctrine of strict liability an athlete is responsible for whatever substance is in his or her body it had to impose a two-year ban but recommended the IAAF reinstate Gatlin early because the transgression was unintentional. The IAAF reinstated him after a year. (USA Today -- Sports)
Court rules against former deputy in Taser suit Jan 1, 2008
Arizona has not adopted a so-called "hindsight" test for strict liability product claims involving allegations of failing of defects, the Court of Appeals said. Employing the hindsight test in warning defect cases "would be tantamount to imposing a duty on manufacturers to warn of unknowable dangers," Judge Daniel A. Baker wrote for the panel. (AZCentral -- News)
Hazard in the rotary Dec 26, 2007
The tank, says Galluccio, "broke open like a paper bag." He is drafting a second bill that applies strict liability for personal injury and property damages arising from the transportation of flammable materials. Trucking companies may howl. (Boston Globe)
Bill addresses tanker trucks in rotaries Dec 18, 2007
Galluccio also said he will introduce legislation that would impose strict liability on truckers, manufacturers, fuel companies, and others for damage to people and property from such tanker accidents. The Dec. 5 river of burning gasoline snaked from Sweetser Circle down Main Street, prompting many local officials to renew their longstanding calls to overhaul the busy stretch of Route 16, which includes the Sweetser and Santilli traffic circles. (Boston Globe)
WCAX.com's Terms of Service Dec 12, 2007
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WCAX.com's Terms of Service Dec 11, 2007
WARRANTY INFORMATIONTHE WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR... (WCAX.com, VT)
WCAX.com's Terms of Service Dec 6, 2007
WARRANTY INFORMATIONTHE WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR... (WCAX.com, VT)
Green light for GM canola crops in March Dec 5, 2007
Greens MP Ian Cohen tried to have the moratorium extended until July 2011 and an amendment on strict liability that he said would shift the burden of responsibility of GM contamination onto biotech companies. Both amendments were voted down, with the Greens failing to gain support from the opposition or the other minor parties. (Sydney Morning Herald -- Australia)
Last-ditch attempt to keep GM genie in its bottle Dec 4, 2007
The anti-GM Network of Concerned Farmers supports the Greens' push for "strict liability" legislation. Juliet McFarlane, a canola farmer, said: "Non-GM farmers should be given a fair go. They should not have to bear economic losses as a result of the inevitable contamination of non-GM canola crops that will occur if GM canola is introduced in NSW.". (Sydney Morning Herald -- Australia)
Rider student charged in death Oct 19, 2007
Hunt was charged with strict liability for Warfield's drug-induced death, a first-degree offense. First-degree offenses are the most serious criminal matters and can lead to 10 to 20 years in prison. (The Daily Princetonian, NJ)
Jury Orders Woman to Pay $222000 for Illegal Music Sharing Oct 8, 2007
"Copyright infringement is a strict liability offense, and Plaintiffs need not demonstrate Defendant's intent to infringe, or even knowledge of infringement, in order to prove copyright infringement," the companies said in their complaint. In her defense, Thomas, who is a single mother, claimed that she did not download anything from Kazaa or any other file-sharing network. (PC World)
Let Australia never be a prisoner to exclusion Oct 1, 2007
It made no allowance for prisoners serving sentences of a few days or sentences of strict liability. The net of disqualification was thus cast too widely. (Sydney Morning Herald -- Opinion)
3rd Circuit Judges Grill DOJ Attorney in CBS 'Wardrobe Malfunction' Case Sep 12, 2007
"With your theory of respondeat superior, you end up with virtually strict liability regime," Scirica said. Miller disagreed, saying the FCC was not imposing strict liability, but rather "vicarious liability." Corporations, he said, are always subject to vicarious liability because they act only through the people they employ. (Law.com)
Lawsuit Over Rexall Weight-Loss Product Revived Aug 31, 2007
Fihe's complaint alleged wrongful death, strict liability, defective design and failure to warn, breach of express and implied warranties, negligence, deceit/fraud by concealment and suppression, and violation of Florida's Deceptive and Unfair Trade Practices Act. Rexall Sundown filed motions to dismiss both cases on the grounds of forum non conveniens. (Law.com)
Elk hunter loses poaching appeal, license Aug 20, 2007
The Superior Court judge agreed, but the appeals court ruled that the state's strict liability rules means ignorance of the location isn't a defense in a poaching case. David Thorn, Remmert's attorney, said it was an honest mistake made by the hunting guide. (AZCentral -- News)
CFMEU says migrant laws not tough enough Aug 16, 2007
"The biggest problem with the new law is that it doesn't follow a strict liability model recommended by the RIWA inquiry but rather adopts the preferred model of the big business lobby that `intent' and `knowledge' must be proved before sanctions apply," Mr Sutton said. "This significant hurdle will make it very difficult to sustain prosecutions". (Sydney Morning Herald -- Australia)
On a wing and prayer, the sea eagle is back Aug 15, 2007
She said she expected the parliament's environment committee would look at the issue and it might now be time to introduce a strict liability offence so estates would automatically be held responsible for any bait or dead birds found on their land. Lothian and Borders Police wildlife crime officer Mark Rafferty said the support of the public and gamekeepers in particular was crucial. (Scotsman)
We should all do our part to mitigate flood damages in Miss. Aug 13, 2007
Strict liability for damage caused by the failure of a water control structure is a general rule of law in the United States. The standards used by U.S. courts to assess liability for damage due to the failure of a flood control structure has consistently moved toward a form of strict liability of owners of water control structures that cause harm to others, even if the owner utilized utmost care. (The Clarion-Ledger)
Gatlin given FBI Olympic hope Aug 7, 2007
They operate a strict liability policy that means an athlete who tests positive for a banned substance has to account for what is found in their body. Gatlin has been unable to so far provide a satisfactory explanation as to why he tested positive for testosterone. (Guardian Unlimited -- Sport)
like the Republicians are getting the message, close the border and deport! I guess with 80% of Americans against illegal aliens, these guys sorta want to keep their jobs! More... Aug 1, 2007
Look Who's Talking wrote on Jul 31, 2007 11:43 AM:" Sdraoul you're wrong. There are such things as "strict liability crimes. " Strict liability crimes don't require a mens rea. Which makes it ironic that you're calling other people uneducated and ignornant. ". (North County Times)
WCAX.com's Terms of Service Jul 27, 2007
WARRANTY INFORMATIONTHE WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR... (WCAX.com, VT)
Keeping an eye on OSU's Collins Jul 24, 2007
First, having sexual intercourse with an underage girl is statutory rape; while there is some variation from state to state, it is virtually always a strict liability crime, that is, the girl s consent is irrelevant, and the perpetrator s knowledge of her actual age is irrelevant. If the perpetrator had carnal knowledge of an underage female, he s guilty of statutory rape period. (Atlanta Journal-Constitution -- Sports)
Woman bites bolt in salad, now suing deli Jul 23, 2007
The suit cites three causes of action - strict liability, breach of warranty and negligence. According to the plaintiff's initial discovery to defendants, a Jason's Deli manager "admitted liability for the incident giving rise to this suit," and the company's "liability insurance carrier admitted liability for the incident giving rise to this suit." Lucretia Fernandez can be reached at lfernandez@hcnonline. (Conroe Courier, TX)
Stopping junk faxes for good Jul 10, 2007
Adams says, "Its strict liability. You can't say. Oops. I'm sorry I won't do it again' you have to pay.". We called the Oklahoma Attorney General's office to ask about criminal charges against the companies faxing Oklahomans to death. (KFOR Oklahoma City, OK)
ICC tightens doping laws Jul 4, 2007
WADA's strict liability rules hold athletes responsible for any substances found in their bodies. "Following this case, we have amended the ICC Anti-Doping Code to ensure we have more powers to intervene if we feel a member is not doing all it can in the fight against drugs in cricket," ICC acting CEO Faisal Hasnain said in a statement. (India Times, India)
Neighbors of school worried about wall, drainage project Jul 2, 2007
Violation; classification; civil penalties; strict liability required by section 48-3613. B. A person who violates subsection A of this section is guilty of a class 2 misdemeanor. (Sierra Vista Herald, AZ)
Bill on air travel passed Jun 30, 2007
Among the new things introduced by the Montreal Convention was the introduction of reservation facilities via the Internet and electronic systems, abolition of arbitrary liability limits and imposing strict liability for cases involving death or physical injuries. Under the Warsaw Convention, compensation for death or injury was limited to RM48,000, which was arbitrary but the Montreal Convention states a figure of RM500,000, he said. (The Star Online, Malaysia -- News)
Terms of Service Jun 29, 2007
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New laws taking aim at underage drinking Jun 13, 2007
"That's one of the reasons why we need this ordinance, to create that strict liability," he said. Manteca police say Walker's example was not enough to deter a man who is accused of supplying a keg of beer at a high school graduation party earlier this month. (Modesto Bee, CA)
Suit Accuses Tobacco Firms of Targeting Black Consumers, Seeks $1 Billion in Damages Jun 6, 2007
Tucker's suit is based on the theories of strict liability, negligent design, fraud by concealment and civil conspiracy. Harris said he spent months digging through internal documents released by tobacco companies in the course of class action litigation. (Law.com)
B.J. Darnell: In God we trust; all others need much further scrutiny May 31, 2007
One thing I wondered: Why aren t the brands suing the plants that added contaminated product under Strict Liability or Product Liability ... Strict Liability: This doctrine holds that a person injured by the activity of someone else may recover damages without having to prove any intentional act or negligence, if the activity that led to the harm was extra hazardous. (Catoosa County News, GA)
Letters to the Editor May 19, 2007
Editor -- Regarding Debra J. Saunders' May 17 Personal Perspective, "The un-greatest generation'': Leave it to Saunders to gnash teeth and rend garments over the grotesque hedonism and fiscal profligacy of the Baby Boom generation, rather than the behavior of those upright public servants who conferred this mammoth generational transfer of debt upon our children. In fact, as ironic as it may seem to her upon reflection, the pattern of running huge governmental budgets deficits, and in the... (San Francisco Chronicle)
OxyContin maker, execs plead guilty to fraud May 11, 2007
CEO Michael Friedman, Executive Vice President Howard Udell and former chief scientific officer Paul Goldenheim each pleaded guilty to one misdemeanor count of strict liability for misbranding, meaning they were held accountable for the actions of others. In a statement, the company said the misleading marketing practices occurred before July 2001. (USA Today)
Peruvian Indians Sue LA Petroleum Company May 11, 2007
Among the allegations contained in the lawsuit, filed in Los Angeles Superior Court Thursday, are wrongful death, negligence, fraud and misrepresentation, battery, strict liability and both private and public nuisance. Occidental officials have denied the allegations and said the company has not had any operations in the area since 1999. (CBS2.com, CA)
Honolulu Marathon women's winner tests positive May 9, 2007
" The findings were forwarded to the Russian Track and Field Federation, which will determine Denisova's penalty. Baranov said the federation is likely to impose a suspension of three months to a year. However, the International Association of Athletics Federations, of which the Russian federation is a member, could impose a longer suspension of its own. "It could be for one or two years, but typically it's two years," said David Monti, editor of Race Results Weekly, a New York distance-running... (Honolulu Advertiser)
DA Green: Change DWI Laws May 3, 2007
"It's just an amazing travesty of justice on multiple levels, he said. Pete Navratil's mother, Geri Navratil, and her partner Jim Finnegan were killed in July 2002 when a drunk driver rear-ended their car at a stop light in Brighton. That man--James Risch--pleaded guilty to manslaughter and is serving 7 to 15 years in prison. For Pete, thinking about Thursday's decision in the James Telban case brings backall of the feelingshe had when his mother died.. This is a case that highlights... (WOKR13 Rochester)
ESPN Toolbar Apr 29, 2007
0) { ES_showBox(); };ES_searchKeyPress( this. length );" onMouseDown="ES_searchKeyPress( this. (ESPN -- College Basketball News)
Will China send us a calamity? Apr 26, 2007
We should impose strict liability on manufacturers that fail to enforce traceability standards. A draconian alternative is to mount a program modeled on USDA beef inspection for all food ingredients coming into the country. (Newsday -- Opinion)
Intent need not be present to break law Apr 24, 2007
He said, though, that "strict liability" generally would be assumed only "when there appears to be clear legislative intent not to require any particular mental state for the commission of the crime." ... Finally, Snow said these strict liability offenses are "appropriate for regulatory offenses that result in no direct or immediate injury to person or property, carry relatively small penalties, and do not seriously damage the reputation of those convicted of them." He added that they are... (AZCentral -- Business)
KGS Announces Filing of Class Action Lawsuit Against New Century Financial Corp. on Behalf of Purchasers of Series A and Series B Preferred Shares Apr 5, 2007
The action charges defendants with strict liability for the false statements contained in each Registration Statement and Proxy/Prospectus. On February 7, 2007, New Century announced that it will have to restate its previously reported financial results to correct errors related to its application of generally accepted accounting principles, necessary for reporting allowances for loan repurchase losses. (Primezone Releases)
Lawsuit alleges tainted dog food caused death of LA-area purebred Apr 4, 2007
Kelly Finestone alleges negligence and strict liability in the death of Sammy, her 8-year-old Samoyed, according to the lawsuit filed Monday in Los Angeles Superior Court. The suit names Ontario, Canada-based Menu Foods Inc., maker of IAMS Chunks With Beef in Gravy Weight Control Dog Food, and Petco Animal Supply Stores Inc. of San Diego. (Fresno Bee -- State)
WCAX.com's Terms of Service Apr 3, 2007
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Dog-bite victim seeks new law Mar 7, 2007
f you go to a strict liability standard, then you are going to find more and more companies doing those four items, Miller said. Jeff Aeschliman, a spokesman for State Farm Insurance, said he and the company are not necessarily opposed to the dog-bite bill. (Coos Bay-North Bend The World, OR)
The Trial of Hon. Abodakpi Feb 23, 2007
With this, we might not be surprised that of late, our judges are evoking broader, robust and strict liability in the interpretation of the Wilfully Causing Financial Loss to the State. Thus, we are prompted to assume that public officials are expected to inspire due diligence not only in the exercise of the powers bestowed on them by the Constitution but also in their daily functions. (Ghana Web, Ghana)
Legislators call for Nixon, Blunt to put aside political differences Feb 6, 2007
The lawsuit has five counts, including negligence, strict liability, trespassing on realty and unfair business practices. Ameren has since petitioned to have the suit filed in Reynolds County, where the breach occurred. (Park Hills Daily Journal, MO)
Sensible standards for punishing sexual assault Jan 30, 2007
It only creates a strict liability burden when the plaintiff is under the legal drinking age. Therefore, it carries the weight of both statutory rape law and the simple principle that inebriated consent is not legal consent. (The Cavalier Daily, VA)
Lawsuit: Restaurant must provide safe food Jan 28, 2007
Albert Lea resident Julie Johnson is suing the owners of Taco John s in Albert Lea and not the restaurant s distributor of produce or others up the line because of laws regarding strict liability, said her lawyer, Bill Marler of Seattle, in an interview with the Tribune ... Under strict liability law, anyone who makes a product whether it is a taco or an automobile is responsible for that product, even if something in it such as lettuce in the taco or tires on an automobile turns out faulty,... (Albert Lea Tribune, MN)
NY Senate GOP pushing workers' comp bill Jan 16, 2007
Members: Not Registered. for free extra services. (Buffalo Business First, NY)
Puppy mill - dozens found dead Dec 22, 2006
Its one step up from strict liability, in which you have to show no criminal intent at all. . (Pet-Abuse.com)
Visual MainWin v 1.8 for J2EE Developer Edition Dec 22, 2006
IN NO EVENT WILL MAINSOFT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MAINSOFT HAS BEEN ADVISED OF THE... (LinuxPlanet)
N.J. Localities Try to Make a Nuisance of Lead Paint Dec 12, 2006
All other counts, namely unfair trade practices, negligence, strict liability and civil conspiracy, had been dismissed in the seven-year long litigation. As in the New Jersey case, the Rhode Island suit sought compensation for abatement costs and medical treatment and monitoring. (Law.com)
Anti-doping program serves as judge and jury Dec 9, 2006
Nevertheless, according to the anti-doping program's zero-tolerance or "strict liability" policy, which treats an athlete as guilty regardless of how a substance got into his or her body, Squizzato was judged negligent. Her penalty: a one-year suspension. (Los Angeles Times)