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World Legal News - JURIST
JURIST's weblog of legal news and resources worth thinking about, by Professor Bernard Hibbitts and law students at the University of Pittsburgh School of Law.

Egypt court acquits police charged in protester deaths
17 May 2012 at 1:30pm
[JURIST] A Egyptian court on Thursday acquitted 14 police officers charged in the deaths of protesters during popular uprisings last year. Then men were charged with killing protesters on January 28, 2011, one of the most violent days during the revolution. Nearly 200 police officers and government officials, including former president Hosni Mubarak [Al Jazeera profile; JURIST news archive], have been charged in connection with the deaths of at least 846 protesters, but acquittals have been common. Out of 10...
UK court permits Afghan detainee to challenge legality of transfer
17 May 2012 at 7:54am
[JURIST] An Afghan detainee who was handed over to authorities in Afghanistan by UK forces won permission on Wednesday to challenge the legality of the transfer. Before the High Court of Justice in London, Serdar Mohammed claimed that he had been transferred by British forces to a prison in Afghanistan where he was tortured by the Afghanistan intelligence service until he confessed that he was a member of the Taliban. The court felt there was "an arguable case" that required...
Mladic war crimes trial postponed over evidence disclosures
17 May 2012 at 6:08am
[JURIST] The trial of former Bosnian Serb Army commander Ratko Mladic [ICTY case materials; JURIST news archive] began Wednesday in the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] but was postponed indefinitely on Thursday due to allegations of prosecutorial misconduct. After opening statements concluded on Thursday, Judge Alphons Orie adjourned the trial [B92 report] to allow the defense more time to consider the evidence the prosecution will present. Orie found that the prosecution erred in delaying transfer...
Charles Taylor seeks sentence based on 'reconciliation'
17 May 2012 at 5:38am
[JURIST] Former Liberian president Charles Taylor [BBC profile; JURIST news archive] asked Wednesday to be sentenced [press release, PDF] with an eye toward "reconciliation, not retribution." Speaking during a sentencing hearing before the UN-backed Special Court for Sierra Leone (SCSL) [official website] in The Hague, Taylor claimed he had "sadness and deepest sympathy" for the atrocities and crimes suffered in Sierra Leone" but that he was not responsible for actions taken by rebel forces during Sierra Leone's decade-long civil...
AI: Sudan government must stop harassment of journalists
16 May 2012 at 1:20pm
[JURIST] Amnesty International (AI) [advocacy website] urged [press release] the Sudanese government on Tuesday to stop its alleged press censorship. AI reports that Sudanese authorities have on several occasions seized newspapers from the printing press. Additionally, a prominent columnist, Faisal Saleh, was arrested and remains in custody after publishing a report on an alleged rape by a Sudanese security agent. In a statement, AI's Sudan researcher Jean-Baptiste Gallopin condemned the government's actions:The Sudanese government is continuing its relentless harassment of...
Families of bombing victims win lawsuit against Syria, Iran
16 May 2012 at 12:07pm
[JURIST] A judge for the US District Court for the District of Columbia [official website] on Monday awarded [opinion, PDF] victims' families over $300 million dollars in damages from the governments of Syria and Iran for their roles in an April 2006 terrorist attack in Israel. The lawsuit was filed by the Shurat HaDin Israel Law Center [advocacy website] on behalf of plaintiffs who were injured or lost family members in a suicide bombing attack at the Rosh Ha'ir restaurant...
Mali facing human rights crisis: Amnesty
16 May 2012 at 10:01am
[JURIST] Mali is facing its worst human rights crisis [press release] since it gained independence in 1960, Amnesty International (AI) [advocacy report] reported Wednesday. In a report [text, PDF], "Mali: Five months of crisis, armed rebellion and military coup," AI claims that hundreds of thousands of citizens have been displaced while dozens have been subjected to arbitrary detention, extrajudicial executions or sexual violence. After a three-week research mission to the country, AI concluded that all parties to the conflict are...
Incommunicado detentions persist at Iraq prison earmarked for closure: HRW
16 May 2012 at 8:08am
[JURIST] Mass arrests and incommunicado detentions persist at Camp Honor, a prison in Iraq's capital Baghdad that the Iraqi government promised to close [JURIST report] last year, Human Rights Watch (HRW) [advocacy website], reported [text] Tuesday. According to HRW, the Iraqi government is reportedly holding hundreds of detainees incommunicado for months at a time at Camp Honor, as well as two unnamed facilities in the Green Zone. Those being held at these facilities were reportedly rounded up by security troops...
Rights experts urge Mexico to end threats on journalists, rights advocates
16 May 2012 at 5:48am
[JURIST] UN experts and the Inter-American Commission on Human Rights (IACHR) [official website] on Monday urged [press release] an end to the threats and killings of human rights advocates and journalists in Mexico. The UN and IACHR called on the Mexican government to implement the "Law for the Protection of Human Rights Defenders and Journalists" in order to avoid the imminent threats faced by these two groups in Mexico. Both chambers of Congress have already approved this bill in hopes...
ICC prosecutor seeks arrest of two DRC rebel leaders
15 May 2012 at 6:05am
[JURIST] International Criminal Court (ICC) [official website] Chief Prosecutor Luis Moreno-Ocampo announced Monday that his office will seek arrest warrants [press release] for two rebel leaders in the Democratic Republic of the Congo (DRC) for war crimes and crimes against humanity. The office filed an arrest warrant application [UN News Centre report] for Sylvestre Mudacumura [ICC fact sheet, PDF], a foreign militia leader in the DRC, and sought a warrant establishing additional charges against General Bosco Ntaganda [JURIST news archive],...
 

LexisNexis® Mealey's? Insurance Legal News
Headline Insurance Legal News from LexisNexis®

Louisiana Panel Affirms $20,000 Each To Class Representatives In Environmenta...
NEW ORLEANS - A Louisiana appellate court panel on May 9 affirmed a trial court's award of compensatory damages to class representatives in an environmental contamination suit, (Helene Benn Jones, et al. v. Capitol Enterprises Inc., et al., No. 2011-CA-0956, La. App., 4th Cir.; 2012 La. App. LEXIS 639).
5th Circuit: Lower Court Did Not Err In Excluding Claimants' Expert Reports
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 9 found that a lower federal court did not abuse its discretion in excluding toxic exposure injury claimants' expert reports and in denying the claimants' motion for a continuance, further affirming the lower court's decision to strike the claimants' expert testimony (Sandra Harmon, et al. v. Georgia Gulf Lake Charles L.L.C., et al., No. 11-30383, 5th Cir.; 2012 U.S. App. LEXIS 9468).
Allstate Estopped From Seeking Declaratory Ruling In Maryland Lead Exposure Case
BALTIMORE - A Maryland federal judge on April 23 held that Allstate Insurance Co. is collaterally estopped from seeking a declaratory judgment regarding coverage under an insurance policy it issued to the owner of a lead-contaminated house. The federal judge concluded that the action is identical to one the insurer filed in 2011 but was dismissed for lack of personal jurisdiction (Allstate Insurance Co. v. Jack Cherry, et al., No. ELH-11-2898, D. Md.; 2012 U.S. Dist. LEXIS 57157).
Justice Dismisses Lead Paint Exposure Claim; Insurer Failed To Disclaim Coverage
NEW YORK - A New York justice on April 26 denied an insurer's motion for summary judgment in a declaratory judgment cause of action, saying the insurer did not properly disclaim coverage to its insureds in an underlying lead-based paint exposure suit. The justice further dismissed the insurer's default judgment claim against the lead-based paint claimants as untimely (Tower Insurance Co. of New York v. Metro Property Group LLC, et al., No. 106315/09, N.Y. Sup., New York Co.; 2012 N.Y. Misc. LEXIS 2011).
Claims Against Bankrupt Insurer Dismissed For Lack Of Proof
NEW YORK - A New York justice on May 7 granted a liquidator's motion to disallow certain asbestos-related claims against bankrupt Cosmopolitan Insurance Co. based upon the failure of the claimant to provide proof that policies exist, and to release a $6 million fund created to pay those potential claims (In the Matter of the Liquidation of Cosmopolitan Insurance Company v. claim of Blackman Plumbing Supplies Inc., No. 42638/80, N.Y. Sup., New York Co.; 2012 N.Y. Misc. LEXIS 2129).
Insurance Companies Deny Obligation For Certain Asbestos Injury Claims
CHICAGO - Two insurance companies filed a complaint in an Illinois state court on May 7, contending that they are not responsible for asbestos injury claims occurring before 1981 (Continental Casualty Co., et al. v. Hennessy Industries Inc., et al., No. 12CH17080, Ill. Cir., Cook Co.).
Insurers Sue Asbestos Mining And Processing Company In New York State Court
NEW YORK - Claiming, among other things, that they did not receive prompt notice of certain underlying asbestos bodily injury lawsuits, a pair of insurers on May 9 in a New York state court sued a company that mined asbestos and manufactured asbestos-containing products (OneBeacon America Insurance Company, et al. v. Hedman Resources, Ltd., et al., No. 12/102663 N.Y. Sup., New York Co.).
Federal Judge Refuses To Dismiss Insurer's Declaratory Relief Action
OAKLAND, Calif. - A California federal judge on May 10 refused to dismiss a declaratory relief action filed by an insurer that asserts that it has no obligation to indemnify or defend a landlord in an underlying state court case in which various tenants seek damages for illnesses and property damage allegedly caused by mold in their rental property (Indian Harbor Insurance Co. v. Rockcliff Realtors, et al., No. 11-CV-05499, N.D. Calif.; 2012 U.S. Dist. LEXIS 66462).
11th Circuit: Insurer Did Not Show Roofer Breached A Standard Of Care
ATLANTA - The 11th Circuit U.S. Court of Appeals on May 8 affirmed that a subrogated insurance company failed to present evidence that a contractor breached the standard of care that a roofer would exercise in a lawsuit where the insurer sought damages for an insured's loss because of the contractor's allegedly faulty roof repairs (Insurance Company of the West v. Island Dream Homes Inc., No. 11-10571, 11th Cir.; 2012 U.S. App. LEXIS 9345).
Federal Judge: Insurer Did Not Breach Contract; Policy Had Landslide Exclusion
BOSTON - A federal judge in Massachusetts on May 4 ruled that an insurer that denied a claim for partial collapse related to a landslide did not breach its contract to the insured because the policy in question contained an exclusion for damage related to landslides (Stor/Gard Inc., et al. v. Strathmore Insurance Company, No.12-12274, D. Mass.; 2012 U.S. Dist. LEXIS 63217).
Judge Finds Insurer Has No Duty To Defend Developer In Underlying Lawsuit
HOUSTON - A Texas federal judge on May 8 granted summary judgment in favor of an insurer, finding that it had no duty to defend a developer in an underlying lawsuit because there was no allegation against him of an occurrence that resulted in property damage under the policy period (Mount Vernon Fire Insurance Co. v. Sam Boyd, No. H-11-3785, S.D. Texas; 2012 U.S. Dist. LEXIS 64472).
Crop Damage Allegation Is Not An Occurrence Under Policy, California Panel Rules
SAN FRANCISCO - Allegations of intentional actions by an insured leave no room for possible coverage as an "accident" or "occurrence" under a property liability policy, a California appeals panel ruled May 2, affirming a lower court's dismissal of bad faith and breach of contract claims against an insurer (Chi Kin Hui v. Fire Insurance Exchange, No. A133238, Calif. App., 1st Dist.; 2012 Cal. App. Unpub. LEXIS 3305).
Louisiana Federal Judge Clears Insurer Of Liability For Defective Ceiling Tiles
SHREVEPORT, La. - A Louisiana federal judge on May 1 cleared an insurance company of providing coverage to its insured for damages and claims arising out of a ceiling replacement project in which allegedly defective products were used (QBE Specialty Insurance Company v. Royal Commercial Construction, Inc., et al., No. 11-2062, W.D. La.; 2012 U.S. Dist. LEXIS 60897).
New York Federal Judge Orders Insurer To Produce Asbestos Loss Reserve Records
NEW YORK - A federal judge in New York on April 30 upheld a magistrate judge's findings and ordered an insurer to produce documents related to certain asbestos loss reserves (Granite State Insurance Company v. Clearwater Insurance Company, No. 09-cv-10607, S.D. N.Y.; 2012 U.S. Dist. LEXIS 61150; See 10/12/11, Page 9).
Insurer Challenges Bankruptcy Courts' Power Over Arbitration In U.S. High Court
WASHINGTON, D.C. - In an asbestos-related arbitration dispute, an insurer asked the U.S. Supreme Court on April 30 to consider inherent conflict between arbitration and the underlying purpose of the Bankruptcy Code (Continental Insurance Company v. Thorpe Insulation Company, et al., No. 11-1310, U.S. Sup.; See 2/8/12, Page 11).
 

LexisNexis® Mealey's? Emerging Drugs & Devices Legal News
Headline Emerging Drugs & Devices Legal News from LexisNexis®

$4M In Compensatory Damages Awarded By Conn. Jury In Prempro Breast Cancer Trial
NEW HAVEN, Conn. - A Connecticut federal jury on April 18 awarded a plaintiff and her husband $4 million in compensatory damages after finding that the hormone replacement therapy drug Prempro caused the plaintiff's breast cancer (Margaret B. Fraser, et al. v. Wyeth, Inc., et al., No. 3:04-1373, D. Conn.; See 3/15/12, Page 6).
Prempro Punitives Expert Can't Suggest Method, Must Explain Net Worth, Judge ...
CHICAGO - An Illinois federal judge on April 30 excluded a plaintiff expert's opinion that a jury should award up to $21.3 billion in punitive damages in a Prempro trial and ordered a hearing on how the expert arrived at his determination of defendant Wyeth's net worth (Jo Belle Baldonado v. Wyeth, et al., No. 04-4312, N.D. Ill., E. Div.; 2012 U.S. Dist. LEXIS 59512).
U.S. Supreme Court Won't Review Vacating Of $26.1M Texas Vioxx Death Verdict
WASHINGTON, D.C. - The U.S. Supreme Court on April 23 denied a petition to review a state appeals court's vacating of a $26.1 million Vioxx award in the first Vioxx case to go to trial nationwide (Carol A. Ernst, et al. v. Merck & Co., Inc., No. 11-1144, U.S. Sup.; See 65/18/09, Page 12).
Merck Fined $321.6M For Off-Label Promotion Of Vioxx For Rheumatoid Arthritis
BOSTON - Massachusetts federal Judge Patti B. Saris on April 19 fined Merck, Sharp & Dohme $321.6 million after the company pleaded guilty to off-label promotion of its since-withdrawn painkiller Vioxx (United States of America v. Merck, Sharp & Dohme Corp., No. 1:11-cr-10384, D. Mass.; See 12/1/11, Page 4).
Vioxx MDL Judge Enjoins Missouri Class To Prevent Double Recovery
NEW ORLEANS - The Louisiana federal judge overseeing the Vioxx multidistrict litigation on April 23 enjoined plaintiffs in a Missouri state court class action from offering evidence that does not exclude damages that were already paid by defendant Merck, Sharp & Dohme in two global settlements in the MDL (In Re: Vioxx Products Liability Litigation, MDL Docket No. 1657, No. 2:05-md-1657, E.D. Pa.; 2012 U.S. Dist. LEXIS 56634).
Lack Of Lone Pine Reports Can Mean Summary Judgment, Vioxx MDL Judge Rules
NEW ORLEANS - Plaintiffs who opted out of the Vioxx Master Settlement Agreement can be required to submit case-specific expert reports that link the drug to their injury or face summary judgment, the Louisiana federal judge overseeing the multidistrict litigation said in an April 23 order in two cases (In Re: Vioxx Products Liability Litigation, MDL Docket No. 1657, No. 2:05-md-1657, Rosie Escamilla v. Merck & Co., No. 08-3573, and Melvin Cormier, et al. v. Merck & Co., Inc., No. 05-4991, E.D. Pa.).
1 Plaintiff Attorney Wins $67,556 Fee In Dispute With Vioxx Co-Counsel
NEW ORLEANS - The Louisiana federal judge overseeing the Vioxx multidistrict litigation on April 25 awarded $67,556 in disputed attorney fees to an Orlando, Fla., attorney along with a $4,229 refund given to the co-counsel with which she had the dispute (In Re: Vioxx Products Liability Litigation, MDL Docket No. 1657, No. 05-md-1657, Gene Weeks v. Merck & Co., Inc., No. 05-4578, E.D. La.; 2012 U.S. Dist. LEXIS 57732).
Merck Wins Defense Verdict In 2nd N.J. Fosamax Jaw Injury Trial
ATLANTIC CITY, N.J. - A New Jersey state court jury on April 18 found that the osteoporosis drug Fosamax did not cause a plaintiff's osteonecrosis of the jaw (ONJ) (Jo Ann Sessner v. Merck, Sharpe & Dohme, Inc., No. ATL-L-3394-11-MT, N.J. Super., Atlantic Co.; See 4/19/12, Page 7).
U.S. Supreme Court Won't Hear Arguments That Mensing Creates Brand-Name Liabi...
WASHINGTON, D.C. - The U.S. Supreme Court on April 30 said it will not hear arguments that because product liability claims against generic drug manufacturers are preempted by a 2011 high court ruling, manufacturers of the brand-name predecessor drugs are vicariously liable for not updating warning labels (Lala Smith, et al. v. Wyeth, Inc., et al., No. 11-1046, U.S. Sup.; See 10/6/11, Page 24).
Oregon Federal Judge Rejects Preemption Challenges In Reglan / Metoclopramide...
EUGENE, Ore. - An Oregon federal judge on April 24 granted summary judgment to most defendants on most claims in a Reglan/metoclopramide case, finding in part that the preemption of claims against generic drug makers does not overrule case law that lets brand-name drug makers off the hook (Betty Phelps, et al. v. Wyeth, Inc., et al., No. 6:09-6168, D. Ore.; 2012 U.S. Dist. LEXIS 57967).
Drug Wholesaler McKesson Pays $190M To Settle False Claims Allegations Of Mar...
NEWARK, N.J. - Drug wholesaler McKesson Corp. has agreed to pay more than $190 million to settle allegations that it reported inflated drug prices and caused federal health care programs to overpay for drugs, the U.S. Attorney's Office for the District of New Jersey reported April 26 (United States ex rel. David Morgan v. Express Scripts, Inc., et al., No. 05-1714, D. N.J.).
Whistle-Blower Lawsuit Against Heart Catheter Maker Dismissed In Federal Court
BOSTON - A Massachusetts federal judge on May 1 dismissed without prejudice a False Claims Act lawsuit against the maker of an angioplasty catheter, finding that the relator did not provide details about false claims and about how he was allegedly retaliated against and fired in violation of federal law and state policy (United States of America, ex rel. David Provuncher v. AngioScore, Inc., No. 09-12176, D. Mass.; 2012 U.S. Dist. LEXIS 60390).
Convictions Of 2 Kentucky Attorneys For Fen-Phen Fraud Affirmed By 6th Circuit
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on May 1 affirmed the wire fraud convictions of two Kentucky fen-phen lawyers for conspiring to take excessive fees from a $200.4 million aggregate settlement (United States of America v. Shirley A. Cunningham, et al., Nos. 09-5987 and 09-5998, 6th Cir.; 2012 U.S. App. LEXIS 8786; See 8/20/09, Page 30).
1st Circuit Panel Affirms $11.4M Lupron Cy Pres Order, But Criticizes Method
BOSTON - A First Circuit U.S. Court of Appeals panel on April 24 affirmed the cy pres distribution of $11.4 million leftover from a Lupron class settlement, but questioned the propriety of the parties leaving the details up to a district court judge (In Re: Lupron Marketing and Sales Practices Litigation, Audrey Rohn, et al. v. TAP Pharmaceutical Products, Inc., et al., Nos. 10-2494, 11-1329, 1st Cir.; 2012 U.S. App. LEXIS 8263; See 8/19/10, Page 27).
Vitamin Class Plaintiffs Can Seek Discovery Of Profits, Expenses
SAN DIEGO - A California federal judge on April 30 allowed plaintiffs in a vitamin class action to conduct discovery into defendant Bayer Corp.'s profits and expenses to possibly determine "restitutionary disgorgement" of profits (David Johns, et al. v. Bayer Corporation, et al., No. 3:09-cv-1935, S.D. Calif.; 2012 U.S. Dist. LEXIS 60121).
 

Latest Legal News and Press Release – Free Legal RSS @ 1888 Press Release.com
Free Legal RSS. Subscribe to latest Legal News and press releases @ 1888 PressRelease.Com.

Philadelphia Personal Injury Attorneys John M. Dodig and Mark W. Tanner Prese...
17 May 2012 at 6:00pm
Feldman Shepherd Lawyers Address Trial Strategy in Temple University Beasley School of Law LL.M. Course.
Five Bilzin Sumberg Attorneys Win Top Dealmakers 2012
17 May 2012 at 6:00pm
Bilzin Sumberg Baena Price and Axelrod LLP is pleased to announce that five of its attorneys have been named by the Daily Business Review as -Top Dealmakers of the Year- in South Florida.
e-Stet to Showcase e-Discovery Offerings at LegalTech West Coast 2012
17 May 2012 at 6:00pm
Company to host reception for LegalTech West Coast attendees.
Garvey Schubert Barer Adds Tax and Healthcare Attorney Monica Langfeldt as Owner
17 May 2012 at 6:00pm
Monica Langfeldt Joins Garvey Schubert Barer in Seattle Office.
Document Technologies, Inc. Rebrands as DTI
17 May 2012 at 6:00pm
Document Technologies, Inc. announced the introduction of a new logo and abbreviated trade name of DTI.
CFLA Announces Attorney Sponsorship Advertising Program
16 May 2012 at 6:00pm
CFLA offers attorney sponsorship per click rates or monthly sponsorship on its website.
AAHOA Recognizes Attorney Ricky Patel At Its 2012 National Convention
16 May 2012 at 6:00pm
Chairman cites Miami attorney Patel for service, leadership and high standards of excellence.
R. Barrett Richards Joins Bell Nunnally
16 May 2012 at 6:00pm
Bell Nunnally and Martin LLP (www.bellnunnally.com) has added R. Barrett Richards as a partner and member of the Heath Care, Tax and Private Clients and Estate Planning practices.
Thai Business Investment Increase Boosts Demand for Tax Experts
15 May 2012 at 6:00pm
Planned increased in foreign business investment in Thailand this year is set to increase demand for international law firms and other Thai law consulting services. A year of recovery from 2011's widespread flooding, plus planned Thai business investment from Chinese and Japanese companies may find greater competition for competent specialists.
Evan Guthrie Law Firm Makes Estate Planning Presentation At St. Andrews Regio...
15 May 2012 at 6:00pm
Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina talked to a group about the basics of estate planning at St. Andrews Regional Library in Charleston, SC on Thursday April 12th 2012.
Two London Companies Win National Social Media Award
14 May 2012 at 6:00pm
Siskinds LLP is one of Canada's premiere law firms with over 70 lawyers, 100 staff, practicing multiple disciplinary areas of laws and with offices in London, Toronto, and Quebec City.
Ambassador MSA Training Certification (Tier II) - 2 Day Class - June 16-17, 2...
13 May 2012 at 6:00pm
CFLA, Inc, the industry leading experts in -Mortgage Securitization- research and training has created a comprehensive 2nd Tier Mortgage Securitization training certification program.
Hep B United Philadelphia and Hepatitis B Foundation Announce Grand Prize Win...
11 May 2012 at 6:00pm
Distinguished Panel of Judges Identify Finalist in PSA Video Contest to Help Save Lives and Stop Hepatitis B.
Biscom and PayneGroup to Host Email Security Webinar
11 May 2012 at 6:00pm
Biscom and PayneGroup will co-host a webinar on delivering an increased level of protection for client documents and data.
Lydecker Diaz Expands Statewide Presence
11 May 2012 at 6:00pm
Florida Law Firm Opens Offices In Tampa And Jacksonville.
 

Current Awareness
from the Inner Temple Library

How do you insult someone legally? ? BBC News
by sally
18 May 2012 at 4:59am

“Campaigners want to overturn laws targeting “insulting words and behaviour”. Just how safe is it to scorn others?”

Full story

BBC News, 18th May 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions
by sally
18 May 2012 at 4:48am

Court of Appeal (Civil Division)

MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012)

Maswaku v Westminster City Council [2012] EWCA Civ 669 (18 May 2012)

El Goure v The Royal Borough of Kensington & Chelsea [2012] EWCA Civ 670 (18 May 2012)

High Court (Queen’s Bench Division)

Wolman v Weller [2012] EWHC 1292 (QB) (18 May 2012)

High Court (Chancery Division)

Humber Oil Terminals Trustee Ltd (HOTT) v Associated British Ports (ABP) [2012] EWHC 1336 (Ch) (18 May 2012)

Source: www.bailii.org

Sam Hallam: the cost of failure ? Halsbury?s Law Exchange
by sally
18 May 2012 at 4:44am

“Imagine that and you are 17-years-old and wrongly convicted! Yesterday, the Court of Appeal quashed Sam Hallam?s conviction for murder by joint enterprise after he had served seven years of a life sentence. He is now 24. He has been inside since before Take That announced they would reform and before Harry Potter and The Goblet of Fire became the highest grossing film of 2005. He has missed the 2008 Olympics and Diversity winning #BGT. He will not have been Facebooking his mates or hanging out with girls. He has no employment history, no iPhone and his Dad committed suicide whilst he was imprisoned.”

Full story

Halsbury’s Law Exchange, 18th May 2012

Source: www.halsburyslawexchange.co.uk

Education Secretary Michael Gove loses High Court battle ? BBC News
by sally
18 May 2012 at 4:41am

“Education Secretary Michael Gove has lost a High Court battle with Essex County Council over government cuts to nursery funding.”

Full story

BBC News, 17th May 2012

Source: www.bbc.co.uk

Early retirement rights under occupational pension schemes do transfer under ...
by sally
18 May 2012 at 3:19am

“The buyer of a business will be liable for certain early retirement pension rights under the original owner’s occupational pension scheme if the transfer takes place under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations, the High Court has ruled.”

Full story

OUT-LAW.com, 18th May 2012

Source: www.out-law.com

Sulamérica Cia Nacional de Seguros SA and others v Enesa Engenharia SA and ot...
by sally
18 May 2012 at 2:36am

Sulamérica Cia Nacional de Seguros SA and others v Enesa Engenharia SA and others [2012] EWCA Civ 638; [2012] WLR (D) 148

“Where a commercial contract contained a choice of law clause exclusively in favour of one country and a jurisdiction clause giving the courts of the same country exclusive jurisdiction, but an arbitration clause by which the seat of the arbitration was to be in a different country, the issue of the proper law of the arbitration clause was a matter of contractual interpretation. The proper law depended on all the terms of the particular contract, when read in the light of the surrounding circumstances and commercial common sense.”

WLR Daily, 16th May 2012

Source: www.iclr.co.uk

In re MK Airlines Ltd (in liquidation); MK Airlines Property Ltd (in administ...
by sally
18 May 2012 at 2:34am

In re MK Airlines Ltd (in liquidation); MK Airlines Property Ltd (in administration) v Katz and another [2012] WLR (D) 147

“Arrears of rent due during the provisional liquidation period were to be treated as an expense of the liquidation and payable in priority to most other liquidation expenses.”

WLR Daily, 16th May 2012

Source: www.iclr.co.uk

The Good Constitution: Sir David Williams Lecture ? Speech by Lord Justice Laws
by sally
18 May 2012 at 2:27am

The Good Constitution (PDF)

Speech by Lord Justice Laws

Sir David Williams Lecture, 4th May 2012

Source: www.judiciary.gov.uk

BSB statement on QASA notification scheme ? Bar Standards Board
by sally
18 May 2012 at 2:22am

“The Bar Standards Board, the lead regulator for courtroom advocates in England and Wales, can confirm that barristers will not be required to comply with a notification process prior to the launch of the Quality Assurance Scheme for Advocates (QASA). The Bar Standards Board will instead focus its resources on the registration process due to begin in January 2013.”

Full story

Bar Standards Board, 17th May 2012

Source: www.barstandardsboard.org.uk

Sex offenders in Yorkshire given police cautions ? BBC News
by sally
18 May 2012 at 2:12am

“Sex offenders, kidnappers and burglars are among criminals who have been given cautions or warnings instead of being taken to court, the BBC has found.”

Full story

BBC News, 18th May 2012

Source: www.bbc.co.uk

Laboratory dog cages could be made smaller ? The Independent
by sally
18 May 2012 at 2:10am

“The size of cages holding beagles awaiting experiments could be reduced under new Government proposals, animal welfare campaigners warned yesterday.”

Full story

The Independent, 18th May 2012

Source: www.independent.co.uk

Barristers may strike over legal aid reforms and fees ? The Guardian
by sally
18 May 2012 at 2:07am

“The head of the Criminal Bar Association is to raise the spectre of strike action by criminal barristers across England and Wales in protest at cuts in fees and legal aid reforms.”

Full story

The Guardian, 18th May 2012

Source: www.guardian.co.uk

CoA judge raps defendant for spurning mediation ? Law Society?s Gazette
by sally
17 May 2012 at 11:53am

“A Court of Appeal judge has criticised a defendant for rejecting mediation offered at a previous hearing – warning it will be a costly decision.”

Full story

Law Society’s Gazette, 17th May 2012

Source: www.lawgazette.co.uk

Discriminatory basis of Child Tax Credit is justified, rules Supreme Court ? ...
by sally
17 May 2012 at 11:51am

“A person?s entitlement to Child Tax Credit (CTC) is a ‘possession’ for the purposes of article 1 of the First Protocol to the European Convention on Human Rights.”

Full story

UK Human Rights Blog, 17th May 2012

Source: www.ukhumanrightsblog.com

Twitter court case defendant pledges to stop ?fantasy? tweets about oil firm ...
by sally
17 May 2012 at 11:50am

“A Twitter user has promised to stop posting ‘fantasy information’ about an oil company on the site after the firm took legal action.”

Full story

The Guardian, 17th May 2012

Source: www.guardian.co.uk

 

International News - Europe - Law.com

News International Accounts Reveal Millions Spent on Phone-Hacking Legal Fees
18 May 2012 at 12:00am
News International has spent more than £53 million on its phone-hacking probe since last summer, with most of the money going to legal and professional fees. Linklaters and Olswang were key advisers to a management and standards committee formed by the company to look into the hacking claims. Debevoise & Plimpton was appointed to provide oversight to the group.
Solicitors Regulation Authority to Scrap Minimum Trainee Salary in Favor of N...
17 May 2012 at 12:00am
The Solicitors Regulation Authority is set to abolish the minimum wage requirement for trainee solicitors in favor of the national minimum wage of £6.08 per hour, effective Aug. 1, 2014. The current minimum salary levels for trainees are £18,590 in central London and £16,650 outside.
Former News International Chief Exec Brooks Charged in Phone-Hacking Case
16 May 2012 at 12:00am
Former News International chief executive Rebekah Brooks has been charged alongside five others with perverting the course of justice when she allegedly conspired with her husband to destroy evidence relating to phone-hacking. She is being advised by Kingsley Napley criminal litigation head Stephen Parkinson.
Duane Morris Launches London Private Equity Practice With Kirkland Hire
15 May 2012 at 12:00am
Duane Morris is launching a dedicated London private equity practice with the hire of Kirkland & Ellis partner Pierfrancesco Carbone, who has been tasked with developing Duane Morris' funds offering throughout Europe. The firm's global corporate chair says that additional private equity partners will be recruited "in short order."
Slaughters to Select New Executive Partner
14 May 2012 at 12:00am
Slaughter and May is gearing up to select a new executive partner with Graham White set to retire from the firm at the end of next April, when senior partner Chris Saul and practice partner Paul Olney will take up their second terms in office. A successor to White is expected to be announced early next year.
Herbert Smith and Freehills to Vote in June on Tie-Up; Weil Rethinks Referral...
11 May 2012 at 12:00am
Partners at Herbert Smith and Australia's Freehills are set to vote on their proposed tie-up next month, with integration planned for Oct. 1. Initially the firms will be financially independent, although the intention is to merge eventually. The proposed deal has prompted Weil Gotshal to reconsider its referral relationship with Freehills.
Dewey & LeBoeuf London and Moscow Corporate Finance Lawyers Decamp to Orrick
11 May 2012 at 12:00am
Orrick Herrington & Sutcliffe has hired corporate finance lawyers based in London and Moscow from embattled firm Dewey & LeBoeuf. Moscow partner duo Leo Batalov and Dmitry Gubarev join Orrick's Moscow office alongside a team of associates. A number of London corporate finance associates are moving to Orrick's City base.
Quinn Emanuel Hires Two London Arbitration Partners From A&O
10 May 2012 at 12:00am
Quinn Emanuel is set to hire Stephen Jagusch and Anthony Sinclair from Allen & Overy to be the firm's first dedicated arbitration partners in London. The hires come on the heels of Quinn's launch of a Hamburg office with a team from Allen & Overy.
Freshfields Announces Associate Salaries Under New Merit Pay System
9 May 2012 at 12:00am
Freshfields has confirmed associate salaries under its new merit-based pay scheme, which came into effect May 1, with newly qualified lawyers set to make at least £65,000 -- £3,500 more than those at rival London firms. The firm said its existing associate bonus scheme will continue to apply.
DLA Piper Boosts Italy Office With Five-Partner Hire From Grimaldi
8 May 2012 at 12:00am
DLA Piper has added to its Italy office a five-partner, 15-person team from Studio Legale Grimaldi e Associati. The team, which focuses on the energy, infrastructure and project finance sectors, includes Grimaldi senior partner Francesco Novelli, named senior partner of DLA Piper's Italian practice and head of its national energy practice.
 

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False Friend? High School Principal Resigns After Facebook Spying Allegation
by Bruce Carton
17 May 2012 at 2:18pm
An interesting social media incident played out recently at a high school in Missouri that ended with principal Louise Losos resigning and hundreds of students at Clayton High School wondering: Who is Suzy Harriston? Someone claiming to be "Suzy Harriston" from Clayton friended more than 300 people on Facebook, many of them from Clayton High School, without anyone really bothering to ask who Suzy was. On April 5, 2012, Chase Haslett, the former Clayton High School quarterback who had graduated in 2011, posted the following accusation on Facebook: "Whoever is friends with Suzy Harriston on Facebook needs to drop them. It is the Clayton Principal." According to St. Louis Today, the Suzy Harriston profile on Facebook quickly disappeared following Haslett's claim. A day later, so did Losos, as she was immediately placed on a "leave of absence." A few weeks later, Losos resigned, reportedly as part of a deal that paid her $140,000. The deal included Losos' agreement to take no legal action against the school district, the Columbia Daily Tribune reports. The Clayton School District stated only that her departure related to a "fundamental dispute concerning the appropriate use of social media." Why did Losos allegedly friend hundreds of...
Thursday's Three Burning Legal Questions
by Bruce Carton
17 May 2012 at 9:00am
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: Here are the important pieces of what I am calling "Operation Rob a Local Internet Cafe." Please let me know if I have forgotten anything: Visit an Internet cafe and hang around inconspicuously using its computers, checking Facebook, etc.; after browsing the Web for a bit, go to the cashier to pay for my usage time and assault the man at the register; demand all the money in the register; get the money and escape on a stolen motorcycle. Foolproof, right? Answer: You forgot to add "Log out of my Facebook account," which is key. (Digital Trends, Two men rob Internet cafe, forget to log out of Facebook prior to robbery) 2) Question: I am a police officer. We caught a man trying to steal a $20,000 diamond, and he tried to hide the evidence by swallowing it! That was several days ago, and while he has had several bowel movements in that time, the diamond has not yet seen the light of day if you know what I'm saying (don't ask how I know this). We can only hold the alleged thief...
Gay Judge Candidate Rejected by Va. House Due to 'Advocacy' for Gay Rights
by Bruce Carton
16 May 2012 at 2:18pm
I am a native Marylander but I have lived in the Virginia suburbs of Washington, D.C., for almost two decades. I like it here quite a bit, but Virginia is quirky in that it is sharply divided in pretty much every way between the D.C. suburbs in Northern Virginia and everywhere else. As I observed here, Once you travel 100 miles south of D.C. and hit Richmond, you enter old-school Virginia -- the Virginia that makes you realize that you are in a state that was a full-blown part of the Confederate States of America. Day-to-day, the cultural differences between Northern Virginia and the rest of the state are not really visible as those worlds don't collide much. But there are periodic flare-ups that serve as reminders of the state's deep conservative streak, such as Tuesday when the Virginia House of Delegates rejected Tracy Thorne-Begland, who is openly gay, for a judgeship in Richmond. The Washington Post reports that Thorne-Begland is a Richmond prosecutor who previously challenged the military?s "don't ask, don't tell" policy, has advocated for gay marriage and is raising twins with his partner. Thorne-Begland's opponents argued that they voted against him not because he was gay, but...
Wednesday's Three Burning Legal Questions
by Bruce Carton
16 May 2012 at 9:00am
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: I was at the local park and some dude started complaining that I was making too much noise and keeping his friend from sleeping. Then he picked up a pooper scooper and began swinging it at me, so I picked up my own pooper scooper to defend myself and engaged in a pooper scooper duel for about 30 minutes. Are you kidding me?? This has to be some kind of crime, right? Pooper scoopers can hurt! Answer: It must be some crime, you are right, but the blawgosphere seems to have no record of any prior "assault and battery by pooper scooper." (Seattle PI, En garde: 2 battle with pooper scoopers in Seattle park) 2) Question: I saw in your recent post that the woman who gave in to her boyfriend's request to put his penis in a hot hair iron was not guilty of assault because he asked for it. Similarly, my friend is begging me to shoot him in his own leg because he wants to know "how it feels." Can I shoot him without getting in trouble with the law?...
Things You Can't Do on a Plane: Vol. 18
by Bruce Carton
15 May 2012 at 2:20pm
You might think that after Volume 1, Volume 2, Volume 3, Volume 4, Volume 5, Volume 6, Volume 7, Volume 8, Volume 9, Volume 10, Volume 11, Volume 12, Volume 13, Volume 14, Volume 15, Volume 16 and Volume 17 of Things You Can't Do on a Plane, that we'd have exhausted the list of things you can't do on a plane. Nope! The list grows daily. Here are three more things I've recently learned that you cannot do on a plane: Attempt to smuggle 49 live reptiles in your luggage on an international flight. Passengers may not pack 31 spiny-tailed lizards and 18 geckos into their suitcase. This is true even if the passenger claims the reptiles are his "personal food supply" and offers to bite off the head of one to prove it. CONSEQUENCE: The passenger will face a fine of several thousand euros for transporting protected animals. The reptiles will be taken to a local veterinarian to be cared for. Attempt to sneak 115 "oven-ready iguanas" into the United States from Mexico. Passengers may not attempt to bring a cooler into the U.S. filled with 159 pounds of the beheaded, skinned, and deboned bodies of 115 green...
Life is an Open-Book Test ... Unless You are a Juror
by Bruce Carton
14 May 2012 at 2:21pm
I've heard it said that "Life is an open-book test," and I believe that this has become even more true as the Internet, Google, smartphones and other fundamental features of the digital age have become ubiquitous. In the year 2012, when you want to understand something, or define something, or test something, or check someone's background, you typically have instant access to the tools you'd need to do so. If you are truly interested, you will take the 10 seconds needed to get an answer or to learn how you can get an answer... unless you are serving on a jury. If you are serving on a jury, however, the normal rules of life in the 21st century no longer apply, and you must get each and every scrap of information needed to do your job directly from the proceedings in the courtroom so that your ultimate verdict is determined solely by the evidence. Need to look up what a key word means? Too bad -- -put that cell phone down!! The Palm Beach Post has an interesting article on the rise of "juror mischief," i.e., jurors who revert to the "open book" mentality that governs most of their lives...
Monday's Three Burning Legal Questions
by Bruce Carton
14 May 2012 at 1:29pm
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: I'm just minding my own business, walking down the street and doing some texting in my home town of Fort Lee, N.J. Why are the police eyeing me so much? Answer: Because you are committing the offense of TWW. The scourge that is "Texting While Walking" will now carry with it an $85 fine in the town of Fort Lee. (CBS News, Texting while walking banned in N.J. town) 2) Question: I'm enjoying a strawberry Fruit Roll-Up. They are made with real fruit -- Did you know that? It says so right on the label. How many grams of strawberries are in a strawberry Fruit Roll-Up, anyway? Answer: There are a total of 0.0 grams of strawberries in a strawberry Fruit Roll-Up. But there are some "pears from concentrate" in there, if that makes you feel any better. (Consumerist, General Mills Must Defend Claim That Fruit Roll-Ups Are "Made With Real Fruit") 3) Question: I live in Manhattan and have a child ready to start kindergarten. I just received a letter telling me the public elementary school that my child should be attending...
In Which I Win Rudy Giuliani's Yankees Tickets
by Bruce Carton
11 May 2012 at 2:28pm
Bracewell & Giuliani's Basis Points blog is holding a haiku contest, with the winning entry receiving Rudy Giuliani?s "primo" Yankees seats (second row directly behind home plate) plus a gourmet meal in the Legends Club for the Yankees' May 23 game against the Kansas City Royals. Before you start breaking out your award-winning lines of haiku from high school, you should know that the haiku that will win these tickets must be Yogi Berra-related: But here?s the curveball. We don?t want just any haiku. We want one that is clever, well-written and relates to Yogi Berra in some fashion, such as his career, a quote attributed to him, or a made-up quote for him (written, of course, in five-seven-five syllable haiku structure). Here is my entry. I look forward to seeing you all at the Legends Club in New York on May 23! Why I Love Being a Baseball Manager I cannot tell you What you don't already know You don't know nothing
Friday's Three Burning Legal Questions
by Bruce Carton
11 May 2012 at 2:26pm
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: Some loser cut my bike lock with bolt cutters and stole my bike. I was looking on Craigslist for a new one when I saw my stolen bike being offered for sale! Can I just meet up with the thief, pretend to take my stolen bike for a test ride, and never come back? Answer: It belongs to you, so yes, although the police advise citizens against trying to recover stolen property on their own. (NBC Washington, Vigilante Bicyclist Gets His Stolen Bike Back) (via The Consumerist) 2) Question: I saw your post explaining that there are limits on what you can name your baby (e.g., "Toilet Queen" is not permitted), but how about on name changes for adults? Can I change my name to Tyrannosaurus Rex? Answer: No problem. (FOX News, Nebraska man changes name to Tyrannosaurus Rex) 3) Question: I feel like the judge's law clerk -- not the judge -- is doing all the work and making all of the decisions in the federal race discrimination case I brought. Can I file a "Motion for Disclosure of Chamber of Papers"...
Monson Trial Ends in Conviction and With No Additional Lawyers Stabbed With P...
by Bruce Carton
10 May 2012 at 10:18am
The trial of Joshua Monson ended Wednesday when he was convicted by a jury of first-degree murder. Also of significance -- particularly to the lawyer representing him in the trial -- Monson was stymied from stabbing a fourth lawyer with a pencil. On three separate prior occasions in court, Monson had stabbed his (soon-to-be former) lawyer with a pencil. Detecting a trend, the court in Monson's murder trial imposed stringent security measures for the trial, which thankfully proved to be effective. As discussed here, the court overseeing Monson's trial required this "Hannibal Lecter of stabbing lawyers with pencils" to be seated at a separate table from his attorney, strapped to a chair with one hand additionally restrained, and wearing "an electric stun cuff that corrections officers can activate if he gets out of line." The Herald reports that the courtroom furniture was also rearranged in such a way as to keep the restraints out of the sight of jurors. The Herald also notes what must have been a harrowing moment just before the jury's verdict was read, when Monson reached out to shake his attorney's hand and thank him. This final exchange proved to be stab-free, as a corrections officer...