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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.

ICC delays preliminary hearing for Congo war crimes suspect
19 Jun 2013 at 5:42am
[JURIST] The International Criminal Court (ICC) [official website] on Monday postponed [order, PDF; press release] the confirmation of charges hearing for Congolese war crimes suspect Bosco Ntaganda [BBC profile] in order to give prosecutors more time to prepare their case. The hearing, which was scheduled to begin on September 26, will not start until February 10. At the hearing, the judge will decide whether there is sufficient evidence to support the prosecution's charges. Ntaganga is accused of recruiting child soldiers...
Lawyer for Gaddafi son accuses Libya of defying ICC
19 Jun 2013 at 4:41am
[JURIST] The lawyer for Saif al-Islam Gaddafi [BBC profile; JURIST news archive], the son of Libya's deposed leader Muammar Gaddafi [BBC obituary; JURIST news archive] on Tuesday accused Libyan officials [text, PDF] of defying the International Criminal Court (ICC) [official website] by announcing that Saif al-Islam's trial would begin in August. John Jones, Saif al-Islam's lawyer, fears that his client will be given the death penalty [AP report] in Libya, and will have no opportunity for appeal. Jones asked the...
Hungary prosecutors charge accused Nazi with war crimes
18 Jun 2013 at 11:19am
[JURIST] Hungarian prosecutors on Tuesday charged Laszlo Csatary, a 98-year-old Hungarian man, with the unlawful execution and torture of people in connection with the Holocaust. Slovakian authorities began the investigation [JURIST report] of Csatary in September after he was arrested on allegations of abusing and assisting in the deportation of thousands of Jews to concentration camps during the Holocaust. The arrest came after the Simon Wiesenthal Center (SWC) [advocacy website], a Jewish human rights organization committed to finding and prosecuting...
ICC grants Kenya VP's request to skip parts of upcoming trial
18 Jun 2013 at 10:23am
[JURIST] The International Criminal Court (ICC) [official website] on Tuesday conditionally granted the request [press release] of Kenyan Vice President William Ruto [ICC materials; JURIST news archive] to be excused from parts of his upcoming trial. The Trial Chamber, however, will still require Ruto to be present for certain parts of his trial, such as for opening and closing statements and for presentations by victims. The Chamber also stated that this conditional grant is for the purpose of allowing Ruto...
Libya senior judge assassinated outside courthouse
18 Jun 2013 at 7:29am
[JURIST] Senior Libyan Judge Mohammed Naguib was assassinated Sunday by an unidentified gunman outside of the courthouse in Derna. Chairman of the Court of Cassation in Green Mountain province Judge Abdel-Aziz Mustafa al-Trabelsi confirmed [LANA report; in Arabic] that his colleague was killed outright in the drive-by attack. This attack is the latest of an increasing number of threats and attacks on the judiciary in Derna, a city known to be an Islamic stronghold and which houses extremist Salafist militias...
UN rights expert applauds Georgia for commitment to aiding displaced persons
18 Jun 2013 at 6:14am
[JURIST] UN independent expert Chaloka Beyani [official profile] commended [press release] the government of Georgia Monday for its ongoing commitment to improving the living conditions of internally displaced people (IDPs) but called for the country to develop an integrated approach to address all waves of IDPs. Specifically, Beyani encouraged the government to address equal land, housing and property rights for displaced women in accordance with international standards. Beyani stated:New opportunities now exist for taking an inclusive integrated approach for all...
Obama appoints Guantanamo closure envoy
17 Jun 2013 at 2:03pm
[JURIST] An anonymous source inside the US State Department said Monday that President Barack Obama [official websites] is appointing attorney Clifford Sloan [professional profile] to be the new envoy in charge of closing the detention center at Guantanamo Bay [JURIST backgrounder]. Clifford, who has served in all three federal branches, is now a privately practicing attorney and an informal adviser to Secretary of State John Kerry [official website] and has served under both Democrat and Republican leadership. The American Civil...
Iran president summoned to criminal court
17 Jun 2013 at 1:04pm
[JURIST] Outgoing Iranian President Mahmoud Ahmadinejad [official website; BBC profile] was summoned to a criminal court on Monday. Although the charges were not specified, this may be the continuation of a longstanding political battle [JURIST news archive] between Ahmadinejad and Parliament Speaker Ali Larijani [official website, in Persian], who recently filed a complaint against him. While Larijani, a conservative leader, has repeatedly criticized the president, Ahmadinejad has returned in kind by attempting to publicize incriminating evidence against Larijani's son in...
Kuwait dissolves parliament, calls for new elections
16 Jun 2013 at 12:32pm
[JURIST] Kuwait's Constitutional Court [JURIST news archive] on Sunday dissolved the nation's 50-member parliament due to flaws in election procedures. In doing so, the court invalidated the results of the December election, deeming them unconstitutional. The court also upheld [BBC news report] a controversial electoral law imposing a "one person, one vote" regulation on Kuwaitis, which overrode a previous regulation that allowed each individual to vote for multiple candidates. While the government states that this new system will prevent political...
Europe commission criticizes Hungary constitution amendments
15 Jun 2013 at 11:37am
[JURIST] The Venice Commission [official website], a European rights commission, published a report [text; PDF] on Friday criticizing Hungary's recent amendments to its constitution. While the commission praised Hungary's efforts to strengthen it's rule of law, the report cited several concerns with the new constitution. The report criticized provisions of the constitution requiring a two-thirds super majority to pass many laws where a simple majority was the traditional standard, suggesting the increased standard will act as an impediment to the...
 

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

Coverage Barred For Carbon Monoxide Damages, Minnesota High Court Affirms
MINNEAPOLIS - The majority of the Minnesota Supreme Court on May 31 affirmed that damages resulting from the improper installation of a boiler and carbon monoxide detector are excluded from coverage pursuant to an insurance policy's pollution exclusion because under Minnesota law, a pollution exclusion is not limited to only environmental pollutants under Minnesota law (Midwest Family Mutual Insurance Co. v. Michael D. Wolters, et al., No. A11-181, Minn. Sup.; 2013 Minn. LEXIS 304; See 9/7/11, Page 9).
Pollution Exclusion Bars Coverage For Contamination Suits, Appeals Panel Says
RICHMOND, Va. - Insurers involved in an environmental contamination coverage suit have no duty to defend their insured for underlying suits arising out of the environmental contamination because the policies' pollution exclusions clearly preclude coverage, the Fourth Circuit U.S. Court of Appeals determined June 6 (Ross Development Corp. v. Fireman's Fund Insurance Co., et al., Nos. 12-2059, 12-2454, 4th Cir.; 2013 U.S. App. LEXIS 11395; See 11/21/12, Page 9).
Judge Finds 4,000 Barrel Oil Spill Not An Instance Of 'Short-Term' Pollution
SHREVEPORT, La. - An oil spill from a pipeline in Utah that resulted in the release of 4,000 barrels of crude oil into the environment is not a "short-term" spill that acts as a loophole to a pollution exclusion provision of a policy obtained by a pipeline operation company, a federal judge in Louisiana ruled June 6 in awarding summary judgment to Seneca Insurance Co. (Bridger Lake LLC v. Seneca Insurance Company, No. 11-0342, W.D. La.; 2013 U.S. Dist. LEXIS 80480).
Arbitration Permitted For Attorney Fees, California Federal Judge Says
SACRAMENTO, Calif. - A California federal judge on June 3 granted an insured's motion to compel arbitration over independent counsel fees in an environmental coverage dispute after determining that arbitration of the fees does not have to be stayed pending a decision on the insurer's duty to defend (Arrowood Indemnity Co. v. Bel Air Mart, et al., No. 11-976, E.D. Calif.; 2013 U.S. Dist. LEXIS 78535).
Trial Court Properly Dismissed Asbestos Coverage Suit, N.Y. Appeals Panel Says
NEW YORK - The First Department New York Supreme Court Appellate Division on June 4 found that a trial court did not err in dismissing an asbestos coverage suit filed by excess insurers because the issues in the New York suit will be litigated in a similar suit filed in Delaware state court (Century Indemnity Co. et al., v. Liberty Mutual Insurance Co. et al., No. 9380 105491/10, N.Y. Sup., App. Div., 1st Dept.; 2013 N.Y. App. Div. LEXIS 3873).
Separate Trials Not Needed In Asbestos Coverage Dispute, Texas Federal Judge ...
HOUSTON - A Texas federal judge on May 29 denied an insurer's motion for separate trials in an asbestos coverage dispute after finding that there is no justification to determine coverage under the primary policies separately from coverage under the excess policies (Domco Products Texas Inc., as successor-in-interest to Uvalde Rock Asphalt Inc. v. The Continental Insurance Co., as successor-in-interest to Harbor Insurance Co., No. 12-2072, S.D. Texas; 2013 U.S. Dist. LEXIS 75748).
Bankruptcy Judge Approves Deal Between Insurer, Former Refractory Companies
OAKLAND, Calif. - A deal that will provide nearly $800,000 to a trust to pay asbestos personal injury claims filed against two defunct refractory manufacturers received final approval June 1 from a California federal bankruptcy judge (In re CFB Liquidating Corporation, f/k/a Chicago Fire Brick Co., et al., No. 01-45483, N.D. Calif. Bkcy.; See 9/26/12, Page 10).
Conn. High Court: Faulty Work Claims Constitute An 'Occurrence' Under Policy
HARTFORD, Conn. - Claims of unintended faulty construction work by a subcontractor that damages nondefective property may constitute an "occurrence" resulting in "property damage" under a commercial general liability insurance policy, the Connecticut Supreme Court held in an opinion to be officially released June 11 (Capstone Building Corp. v. American Motorists Insurance Co., No. SC 18886, Conn. Sup.; 2013 Conn. LEXIS 187).
Insured's Faulty Work To Other Property Constitutes An 'Occurrence,' Judge Says
ABINGDON, Va. - An insured subcontractor's alleged faulty work that caused damage to other property is property damage that constitutes an "occurrence," a Virginia federal judge ruled June 5, dismissing an insurer's claim for declaratory relief on the duty to defend issue (Nautilus Insurance Co. v. Strongwell Corp., No. 12-00038, W.D. Va.; 2013 U.S. Dist. LEXIS 79163).
Insurer Owes No Further Coverage For Environmental Claims, Indiana Panel Rules
INDIANAPOLIS - An insurer does not have any further coverage obligations for environmental contamination claims because a release related to the claims relieved the insurer of future coverage obligations, the Indiana Court of Appeals said May 23 (United States Fidelity and Guaranty Co. v. Warsaw Chemical Co. Inc., No. 49A04-1203-CT-97, Ind. App.; 2013 Ind. App. LEXIS 240).
Pro-Rata Allocation Method Must Be Applied, Massachusetts Appeals Panel Says
BOSTON - A trial court did not err in dismissing an insured's complaint against its insurer for failure to state a claim because the insured failed to prove that a pro-rata allocation method should not be applied to the asbestos coverage dispute, the Massachusetts Appeals Court said May 22 (New England Insulation Co. Inc. v. Liberty Mutual Insurance Co., No. 11-P-1617, Mass. App.; 2013 Mass. App. LEXIS 87).
Court: Wrong Last Injurious Exposure Standard Applied To Mesothelioma Claim
RALEIGH, N.C. - The industrial commission erroneously applied the last injurious exposure rule for asbestosis claims to a man's mesothelioma claim, the North Carolina Court of Appeal held May 21 (James Norman Richardson v. PCS Phosphate Co. Inc., et al., No. COA12-824, N.C. App.; 2013 N.C. App. LEXIS 514).
Reinsurer Says It Deserves Judgment On The Pleadings In Billing Dispute
NEW YORK - A reinsurer argues in a May 22 brief in New York federal court that it should be granted judgment on the pleadings because its reinsured did not supply prompt notice of an underlying asbestos-related loss (Century Indemnity Company, as successor-in-interest to California Union Insurance Company v. Global Reinsurance Corporation of America, as successor-in-interest to Constitution Reinsurance Corporation, No. 13-cv-0797, S.D. N.Y.).
Federal Judge Refuses To Dismiss Insurer's Declaratory Judgment Action
NEW ORLEANS - A Louisiana federal judge on May 28 refused to dismiss an action filed by an insurer that seeks a declaratory judgment that it is not liable to cover mold-related claims, finding that an underlying state court case is not parallel litigation (National Union Fire Insurance Company of Pittsburgh, Pa. v. William E. Trotter II, et al., No. 12-2064, E.D. La.; 2013 U.S. Dist. LEXIS 76036).
Coverage Owed For Damages Caused By Drain Blockage, N.Y. Justice Determines
CORTLAND, N.Y. - An insurer owes coverage for damages sustained when waste water flooded two insured apartments because the insurer failed to prove that the damages were caused by a blockage that originated off the insured premises, a New York Supreme Court justice said May 23 (Michael J. Pichel v. Dryden Mutual Insurance Co., No. 2011-0449, N.Y. Sup., Tompkins Co.; 2013 N.Y. Misc. LEXIS 2185).
 

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

New Jersey Jury Finds For Defendant Novartis In Zometa Jaw Injury Trial
NEW BRUNSWICK, N.J. - A New Jersey state court jury on May 15 returned a defense verdict for Novartis Pharmaceuticals Corp. in a Zometa jaw injury case, a source told Mealey Publications (Beverly Meng v. Novartis Pharmaceuticals Corp., No. MID-L-7670-07-MT, N.J. Super., Middlesex Co.; See 12/3/09, Page 13).
2nd Circuit Affirms Dismissal Of Fosamax Plaintiff Who Wanted Out Of MDL Trial
NEW YORK - A Fosamax jaw injury patient who wanted out of her bellwether trial in the multidistrict litigation court properly had her case dismissed with prejudice for failure to prosecute, a federal appeals panel said May 29 in a summary order (Sarah Raber v. Merck, Sharp & Dohme Corp., No. 11-4783, 2nd Cir.).
U.S. High Court Won't Review Sham Affidavit Rule In Fosamax Jaw Injury Case
WASHINGTON, D.C. - The U.S. Supreme Court on June 3 denied review in a Fosamax jaw injury case in which the plaintiff attempted to revive her failure-to-warn claim by arguing that a federal appeals court misapplied the sham affidavit doctrine by excluding her warnings expert rather than letting a jury determine his credibility (Linda Secrest v. Merck, Sharp & Dohme Corp., No. 12-1318, U.S. Sup.; See 2/7/13, Page 5).
Defense Verdict Returned In 1st Da Vinci Surgical Robot Injury/Death Case
PORT ORCHARD, Wash. - A Washington state court jury on May 23 found that the maker of the da Vinci surgical robot did not fail to provide adequate warnings or training to a surgeon who used the device on a patient who died four years later, allegedly from complications from the surgery, the defendant said (Fred Taylor, et al. v. Intuitive Surgical Inc., No. 09-2-03136-5, Wash. Super., Kitsap Co.).
U.S. Supreme Court OKs Attorney Fees In Untimely, Good Faith Vaccine Cases
WASHINGTON, D.C. - A federal vaccine compensation petitioner who filed an untimely claim may qualify for attorney fees if her claim was filed in good faith and there was a reasonable basis for it, the U.S. Supreme Court ruled May 20 (Kathleen Sebelius, et al. v. Melissa Cloer, No. 12-236, U.S. Sup.; See 3/21/13, Page 16).
W.Va. High Court OKs Use Of Outside Counsel In State's Avandia Consumer Lawsuit
CHARLESTON, W.Va. - A unanimous West Virginia Supreme Court of Appeals on June 4 denied writs of prohibition that would have prevented the state attorney general from hiring special assistant attorneys general on a contingency fee basis to prosecute consumer claims involving the diabetes drug Avandia and credit card services (State of West Virginia, ex rel. Discovery Financial Services, Inc., et al. v. Hon. David W. Nibert, et al., No. 13-0086, State of West Virginia ex rel. GlaxoSmithKline, LLC, et al. v. Hon. James H. Young, Jr., et al., No. 13-0102, W.Va. Sup. App.; 2013 W. Va. LEXIS 603).
Merck Loses Challenge To Kentucky Attorney General's Use Of Vioxx Outside Cou...
LEXINGTON, Ky. - A Kentucky federal judge on May 24 said Merck Sharp & Dohme Corp. is not being denied due process because the Kentucky attorney general hired an outside law firm to prosecute the state's consumer law case involving the marketing of Vioxx (Merck Sharp & Dohme Corp. v. Jack Conway, et al., No. 3:11-51, E.D. Ky., Central Div.; 2013 U.S. Dist. LEXIS 73672; See 5/16/13, Page 23).
1st Circuit: Pleading Rules Don't Strip Qui Tam Suit Of 1st-To-File Status
BOSTON - A federal appeals court on June 3 said a False Claims Act lawsuit that pleads essential facts of fraud but that might not meet heightened pleading requirements can still bar a second, similar whistle-blower lawsuit under the first-to-file rule (United States of America, ex rel. Heidi Heineman-Guta v. Guidant Corporation, et al., No. 12-1867, 1st Cir.).
N.J. Federal Judge Denies Dismissal Of Qui Tam Case For Spinal Stimulators
NEWARK, N.J. - A New Jersey federal judge on May 31 denied a motion by a Boston Scientific Corp. subsidiary to dismiss a False Claims Act complaint by two former employees that the subsidiary manipulated billing codes to get federal health care programs to pay for spinal cord stimulators (United States of America ex rel. Wendy Bahnsen, et al. v. Boston Scientific Neuromodulation Corp., No. 2:11-1210, D. N.J.; 2013 U.S. Dist. LEXIS 76612).
Whistle-Blower Can't Seal Case, Redact His Name From False Claims Lawsuit
KNOXVILLE, Tenn. - A Tennessee federal judge on May 17 denied a whistle-blower's motion to seal his False Claims Act lawsuit after voluntary dismissing his case for fear of retaliation by his former employer (United States of America, ex rel. Brian Eberhard v. Angiodynamics, Inc., No. 3:11-556, E.D. Tenn.; 2013 U.S. Dist. LEXIS 70166).
Diet Drug Claimant Can't Limit Use Of Echocardiograms To Get Bigger Benefit
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on May 21 said a plaintiff who claims to have developed worsened heart valve damage from the diet drug combination fen-phen is not entitled to the highest level of benefits under the American Home Products (AHP) diet drug class settlement (In Re: Diet Drugs $(Phentermine/Fenfluramine/Dexfenfluramine$) Products Liability Litigation, No. 12-3138, 3rd Cir.).
With Okla. High Court Ruling, 10th Circuit Remands Parallel Claim In Knee Case
DENVER - Adopting a ruling it sought from the Oklahoma Supreme Court, the 10th Circuit U.S. Court of Appeals on May 29 reversed preemption dismissal of a knee prosthesis complaint, finding that the plaintiff's negligence per se claim parallels federal regulations and is not intended to be a private enforcement of those regulations (Brian C. Howard, M.D., et al. v. Zimmer, Inc., et al., No. 11-5109, 10th Cir.; See 3/21/13, Page 13).
Medtronic Pacemaker Case Dismissed With Prejudice; No Duty To Warn Patient
ORLANDO, Fla. - A Florida federal judge on May 16 dismissed a pacemaker suit with prejudice after rejecting the plaintiff's argument that manufacturer defendant Medtronic Inc. had a duty to a plaintiff to report device problems to the Food and Drug Administration (Peggy McClelland v. Medtronic, Inc., No. 6:11-1444, M.D. Fla.; 2013 U.S. Dist. LEXIS 69675; See 10/18/12, Page 22).
Bausch & Lomb Unit Pleads Guilty, Pays $33.5M To Settle Criminal, Civil Cases
BUFFALO, N.Y. - A near-defunct subsidiary of Bausch & Lomb Inc. on May 24 pleaded guilty to two federal felony counts of off-label promotion of a drug and paying kickbacks and agreed to settle a related whistle-blower lawsuit, to pay $33.5 million in criminal fines and civil penalties and to be excluded from participation in Medicare (United States of America v. ISTA Pharmaceuticals, Inc., No. 1:13-cr-99, United States of America, ex rel. Keith Schenker v. ISTA Pharmaceuticals, Inc., No. 1:07-372, W.D. N.Y.).
Ill. State Judge Vacates Heparin Fees, Costs Order In Wake Of Federal Injunction
TOLEDO, Ohio - An Illinois state judge on June 3 vacated his order vacating common benefit hold-backs in the contaminated heparin litigation after a federal judge overseeing the heparin multidistrict litigation issued a temporary restraining order against implementation of the state court order (In Re: Alleged Contaminated Heparin, No. 08-L-003592, et al., Ill. Cir., Cook Co., In Re: Heparin Products Liability Litigation, MDL Docket No. 1953, No. 1:08-hc-60000, N.D. Ohio, Western Div.).
 

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.

CowanGates Partner Rusty Gates Receives Community Service Award from Powhatan...
18 Jun 2013 at 6:00pm
Ernest P. -Rusty- Gates, Jr., currently serving as Powhatan Bar Association President, is 2013 recipient of the William R. Blandford Community Service Award.
Personal Injury Lawyer Alex Begum Launches Texas Legal Group Website
18 Jun 2013 at 6:00pm
Highly controversial and yet very successful personal injury lawyer Alex Begum recently announced the launch of Texas Legal Group, a website that specializes in helping people get in touch with highly qualified attorneys with different specializations.
Three Willig, Williams and Davidson Attorneys Earn Workers' Compensation Law ...
17 Jun 2013 at 6:00pm
Pennsylvania Bar Association Names Philadelphia Workers' Comp Attorneys Specialists as Authorized by the Pennsylvania Supreme Court.
Central Florida Health Lawyer Featured in Orlando Life Magazine for High Peer...
17 Jun 2013 at 6:00pm
George F. Indest III, President and Managing Partner of The Health Law Firm, will be featured in the July 2013, issue of Orlando Life magazine.
Mark Ishman Announces Solution for Individuals and Businesses Dealing with On...
16 Jun 2013 at 6:00pm
Mark Ishman reaches out to remind individuals and businesses of the potential issues associated with online defamation and offers insight on combating this problem.
Howard S. Krooks, J.D., CELA, CAP Named President of National Academy of Elde...
13 Jun 2013 at 6:00pm
Howard S. Krooks, J.D., CELA, CAP assumes leadership role for Elder and Special Needs Law Attorneys. NAELA is a professional association dedicated to improving the quality of legal services provided to seniors and people with special needs. NAELA members assist their clients with public benefits, probate and estate planning, guardianship/conservatorship, and health and longand#8208;term care planning.
Inventor of the World Wide Web, Sir Tim Berners-Lee to Keynote LawTech Future...
13 Jun 2013 at 6:00pm
Following capacity sell outs in 2012 and 2013, Netlaw Media and Charles Christian of the Legal IT Insider have today confirmed the Keynote Speaker of the 3rd annual 'LawTech Futures 2014' event in London to be the inventor of the World Wide Web, Sir Tim Berners-Lee.
Zylpha Crew Adds Barber
13 Jun 2013 at 6:00pm
Zylpha the UK's leading innovator of secure document production and distribution systems for the legal profession, has appointed Paul Barber as National Sales Manager.
Gardere Welcomes Former EPA Counsel to Dallas Office
12 Jun 2013 at 6:00pm
Former EPA enforcement attorney Jonathan Bull rejoins the Dallas office of Gardere Wynne Sewell.
Foley Launches First-Ever Legal Innovation Hub for NextGen Manufacturers
11 Jun 2013 at 6:00pm
Foley and Lardner LLP has launched the first-ever Legal Innovation Hub to assist its next-generation manufacturing clients in achieving their strategic business goals. By accessing the legal and business insights relevant to their industry, this forward-thinking approach allows Foley's clients to customize solutions to meet their specific needs and secure their place as industry leaders.
Gardere Partner Fred Sultan Honored by Austin Bar Association with Outstandin...
11 Jun 2013 at 6:00pm
Fred Sultan of Gardere Wynne Sewell LLP received the 2012-2013 Outstanding Director Award from the Austin Bar Association in recognition of his leadership in advocating for diversity in the legal profession.
Evan Guthrie Law Firm Speaks At Higher Learning Academy At Fort Dorchester Hi...
10 Jun 2013 at 6:00pm
Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina spoke at the Dorchester County District Two Higher Learning Academy at Fort Dorchester High School in North Charleston, SC on Saturday March 9th 2013.
Attorney-CPA Ed Matthews Joins The Molever Law Firm
7 Jun 2013 at 6:00pm
The Molever Law Firm is pleased to announce that Ed Matthews has joined the firm. Thus, The Molever Law Firm becomes one of the few Minnesota estate planning law firms with two Attorney-CPAs.
Michael T. Gibson, P.A. Announces this Year's Scholar Athlete of the Month Aw...
7 Jun 2013 at 6:00pm
Scholarships awarded to Central Florida's Top High School Seniors who Excelled in Academics, Athletics and are actively involved in their Community.
The Health Law Firm Attorneys Participated in Golf Tournament Benefiting The ...
4 Jun 2013 at 6:00pm
Attorneys Christopher E. Brown and Lance O. Leider with The Health Law Firm participated in The Center for Drug-Free Living's Lucky 13 Golf Tournament on June 3, 2013.
 

Current Awareness
from the Inner Temple Library

Shed ban for drug grower Simon Redclift of Dinas Powys ? BBC News
by sally
19 Jun 2013 at 8:52am

“A former cannabis user is dismantling the garden shed where he used to grow his drugs after being banned from going inside it by a judge.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

FCA fines rogue property trader nearly £1m ? The Guardian
by sally
19 Jun 2013 at 8:50am

“The operator of a property scheme who misled vulnerable customers to make money from the sale of their homes has been fined almost £1m by the City regulator and banned from working in the financial services industry.”

Full story

The Guardian, 19th June 2013

Source: www.guardian.co.uk

CQC: too big a remit, too little funding? ? Daily Telegraph
by sally
19 Jun 2013 at 8:48am

“With a smaller budget than the watchdogs it replaced, the Care Quality Commission has had a struggle on its hands.”

Full story

Daily Telegraph, 19th June 2013

Source: www.telegraph.co.uk

Supreme court quashes Iran bank sanctions and criticises secret hearings ? Th...
by sally
19 Jun 2013 at 8:43am

“The government’s enthusiasm for secret courts has been set back after the UK’s most senior judges quashed anti-terrorist sanctions imposed on an Iranian bank and dismissed the intelligence involved as insignificant.”

Full story

The Guardian, 19th June 2013

Source: www.guardian.co.uk

?Naked rambler? Stephen Gough jailed for breaching Asbo ? The Independent
by sally
19 Jun 2013 at 8:41am

“The ‘naked rambler’ has been jailed for 11 months after being found guilty of breaching an anti-social behaviour order (Asbo) banning him from being naked in public just minutes after it was imposed.”

Full story

The Independent, 19th June 2013

Source: www.independent.co.uk

Judges and Policy: A Delicate Balance ? Speech by Lord Neuberger
by sally
19 Jun 2013 at 4:58am

Judges and Policy: A Delicate Balance (PDF)

Speech by Lord Neuberger

Institute for Government, 18th June 2013

Source: www.supremecourt.gov.uk

Prism: how can this level of state surveillance be legal? ? The Guardian
by sally
19 Jun 2013 at 4:57am

“It’s hard to see how any system that captures data from millions of law-abiding citizens satisfies our right to privacy”

Full story

The Guardian, 18th June 2013

Source: www.guardian.co.uk

Recent Statutory Instruments ? legislation.gov.uk
by sally
19 Jun 2013 at 4:01am

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) (Amendment) Regulations 2013

The Mid Staffordshire NHS Foundation Trust (Trust Special Administrators Extension of Time) Order 2013

Source: www.legislation.gov.uk

Iraq damages cases: Supreme Court rules families can sue ? BBC News
by sally
19 Jun 2013 at 3:59am

“The families of soldiers killed in Iraq can pursue damages against the government under the Human Rights Act, the Supreme Court has ruled.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

BAILII: Recent Decisons
by sally
19 Jun 2013 at 3:52am

Court of Appeal (Criminal Division)

Lodge, R v [2013] EWCA Crim 987 (18 June 2013)

ZN, R v [2013] EWCA Crim 989 (18 June 2013)

Hussain, R. v (unauthorised disclosure of a draft judgment) (Rev 1) [2013] EWCA Crim 990 (10 May 2013)

Court of Appeal (Civil Division)

Cronin v The Greyhound Board of Great Britain Ltd [2013] EWCA Civ 668 (18 June 2013)

Emptage v Financial Services Compensation Scheme Ltd [2013] EWCA Civ 729 (18 June 2013)

High Court (Family Division)

B v B [2013] EWHC 1232 (Fam) (21 May 2013)

A (A Child) (Vulnerable Witness), Re [2013] EWHC 1694 (Fam) (17 June 2013)

High Court (Queen’s Bench Division)

White Digital Media Ltd v Weaver & Anor [2013] EWHC 1681 (QB) (18 June 2013)

High Court (Chancery Division)

Barden v Commodities Research Unit & Ors [2013] EWHC 1633 (Ch) (18 June 2013)

High Court (Administrative Court)

Mengesha v Commissioner of Police of the Metropolis [2013] EWHC 1695 (Admin) (18 June 2013)

Source: www.bailii.org

Prest v Prest and others ? WLR Daily
by sally
19 Jun 2013 at 3:46am

Prest v Prest and others [2013] UKSC 34; [2013] WLR (D) 237

“If a person was under an existing legal obligation or liability, or subject to an existing legal restriction, which he deliberately evaded or the enforcement he deliberately frustrated by interposing a company under his control, the court could ?pierce the corporate veil? but only for the purpose of depriving the company or its controller of the advantage which they would otherwise have obtained by the company?s separate legal personality.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

Independent approval for undercover policing ? Home Office
by sally
19 Jun 2013 at 3:42am

“Damian Green announces proposals for new legislation for undercover policing operations.”

Full story

Home Office, 18th June 2013

Source: www.gov.uk/home-office

Short Cuts ? London Review of Books
by sally
19 Jun 2013 at 3:37am

“A fundamental shift in the relationship between the government and the governed is taking place: by restricting access to the law, the state is handing itself an alarming immunity from legal scrutiny. There are several aspects to this: the partial or total withdrawal of state financial support for people who lack the means to pay for legal advice and representation; and for those who can pay, a restriction on which kinds of decision by public bodies can be challenged. In the area in which I work, criminal law, defendants who receive legal aid will lose the right to choose who represents them in court. Meanwhile, the misleadingly named Justice and Security Act, passed earlier this year, enables the government to conceal evidence from litigants by using national security as a trump card. All this is accompanied by an unbending hostility to human rights law, tainted by its association with Europe, even though this legislation at least offers the weak the possibility of redress for abuses by public authorities.”

Full story

London Review of Books, 6th June 2013

Source: www.lrb.co.uk

The Neuberger Experiment ? BBC Law in Action
by sally
19 Jun 2013 at 3:28am

“There are 12 judges in the Supreme Court and only one, Lady Hale, is a woman. Last March on Law in Action, Lord Neuberger – the president of the court – told us it was unfair that there are so few women in the senior judiciary. But, he wondered, do women judge differently from men?

Lord Neuberger wasn’t sure – and he set us a little challenge, one we have called the ‘Neuberger Experiment’. With the help of law students at Durham University, we attempt to discover whether male and female judges really do judge differently. Then we put our findings to Lady Hale.”

Listen

BBC Law in Action, 18th June 2013

Source: www.bbc.co.uk

EVENT: IBC Annual Conference ? ?Keep Calm and Carry on Clerking?
by sally
19 Jun 2013 at 3:18am

“On Saturday 22 June the Institute of Barristers’ Clerks (IBC) will be holding their annual
conference titled ‘Keep Calm and Carry on Clerking’ at Kings Place, London.”

Date: Saturday 22nd June 2013

Location: Kings Place, London

Charge: See website for registration fee categories.

More information can be found here.

 

International News - Europe - Law.com

$3 Billion Spyker Lawsuit Against GM Is Dismissed
12 Jun 2013 at 2:11pm
A U.S. judge has dismissed a $3 billion lawsuit in which Dutch carmaker Spyker accused General Motors of unfairly blocking a deal to let a Chinese buyer take over Swedish carmaker Saab, which GM sold to Spyker in 2010.
Northern Ireland Seeks Abuse Victims' Testimony
6 Jun 2013 at 2:44pm
Experts investigating abuse within Northern Ireland children's homes have appealed for victims living abroad, chiefly in North America and Australia, to provide testimony so that the full scope of trauma can be documented.
Addleshaw Goddard Inks Japan Alliance
5 Jun 2013 at 6:20pm
London-based Addleshaw Goddard has entered into an exclusive alliance with 16-lawyer Japanese firm Hashidate Law Office. The alliance will greatly expand Hashidate's ability to service clients increasingly focused on Asian, Middle Eastern and African markets, the firm said. For Addleshaw Goddard, the alliance is the latest in a series of overseas moves.
Appeals Court Trims Subpoenas of College's IRA Interviews
5 Jun 2013 at 3:10pm
A federal appeals court has ruled that Boston College need not release 74 transcripts of interviews from an oral history project about political organizations associated with the Northern Ireland "Troubles," holding that it must only release 11 of the 85 contested transcripts of interviews with former Irish Republican Army members.
Linklaters Announces Korea Team
31 May 2013 at 7:31pm
Linklaters has relocated its Korea practice head and partner Hyung Jung Ahn and banking partner Stephen Le Vesconte from Hong Kong to Seoul, to spearhead its new office there. The firm, which stressed that Ahn will lead the new office, is also relocating senior corporate practice consultant Hyo Young Kang and counsel Kyungseok Kim.
Miami Beach 'Bar Girl' Scammer Gets 12 Years in Prison
20 May 2013 at 6:07pm
A nightclub operator has been sentenced to 12 years in prison for a scam that used Russian and Eastern European "B-Girls" to lure wealthy tourists into secret bars where they were fleeced with bogus bills for alcohol and caviar.
QC Admitted for Appeal in Hong Kong Public Misconduct Case
17 May 2013 at 6:24pm
A Hong Kong court has permitted a senior U.K. barrister to act on a criminal appeal over the objections of the prosecution and the Hong Kong Bar Association, which had argued that there were no issues of unusual difficulty or complexity in the case.
Clyde & Co to Open in Beijing
8 May 2013 at 2:36pm
Clyde & Co has announced plans to open a Beijing office. Energy and infrastructure partner Lynia Lau will lead the new office, relocating from Hong Kong along with an associate. The office will focus on advising Chinese energy and mining companies on outbound transactions in the Middle East, Australia, Africa and Latin America.
Addleshaw Goddard to Open in Hong Kong
7 May 2013 at 3:54pm
U.K. firm Addleshaw Goddard will launch a Hong Kong office later this month. The new office will be jointly headed by the 400-lawyer firm's newly appointed international managing partner, Andrew Carpenter, and international arbitration partner Jonathan Tattersall, who heads Addleshaw's engineering, projects and construction litigation team.
Stephenson Harwood Launches in Beijing
6 May 2013 at 1:27pm
U.K. firm Stephenson Harwood has opened a Beijing office to be staffed by legal director James Zhang, most recently a partner at Zhong Yin Law Firm, and one other legal director, who will join at a later date. The office will initially support the firm's corporate and maritime law groups, with plans for future hiring focused on international trade, arbitration and asset finance practices.
 

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Tenth Circuit Gives Man License to Sue Over 'Rain God'
by Laurel Newby
12 Jun 2013 at 2:39pm
The U.S. Court of Appeals for the Tenth Circuit has revived a lawsuit by an Oklahoma man who objects to the image of a Native American sculpture on the state's license plates because its message conflicts with his Christian beliefs. The Associated Press reports that the court decided that Keith Cressman "can sue the state over its Indian 'rain god' license plate, ruling that the depiction of a noted sculpture on 3 million license plates could be interpreted as a state endorsement of a religion." (Turtle Talk, the blog for the Indigenous Law and Policy Center at Michigan State University College of Law, has the filings in the case.) Oklahoma's license plate, unveiled in 2008, depicts artist Allan Houser's sculpture "Sacred Rain Arrow." According to Cressman's suit, the sculpture is based on a Native American legend and shows an Apache warrior shooting an arrow into the sky so that the "rain god" or "spirit world" would answer prayers for rain in a time of drought. Cressman claims in his suit that the sculpture tells "the story of a Native American who believes in sacred objects, multiple deities, the divinity of nature, and the ability of humans to use sacred objects...
Law Firm's Viral TV Ad Leads to $1 Million Suit
by Laurel Newby
11 Jun 2013 at 2:38pm
An actress who starred in a popular advertisement for a New York personal injury law firm has filed a suit alleging that the agency that produced the spot licensed the ad and her image to law firms around the country without her knowledge and without compensating her. She's seeking close to $1 million in compensation from the agency and the other law firms that licensed the ad. Elena Aroaz appeared in a 2009 advertisement for Trolman, Glaser & Lichtman that spoofed gold-digging personal injury plaintiffs. The ad, called "Machete," featured Aroaz sitting at a table discussing an injury in grave tones, with mournful piano music as the background score. "The pain was excruciating," she says. "It's like I had this huge, really sharp machete chopping down on me every time I tried to move." Soon, the nature of the wound is revealed: "It was the worst paper cut I ever had. They made that paper way too sharp." Aroaz raises one index finger with a green bandage on it, saying, "Someone has to pay." Text on the screen reads, "There are some cases even we can't win." As the contact information for the law firm appears, a voiceover says: "If...
Fifth Circuit Finds Breastfeeding Is 'Related' to Pregnancy
by Laurel Newby
10 Jun 2013 at 3:11pm
While several new health studies concerning breastfeeding are making the rounds, the topic has also been generating headlines in the employment law context, thanks to a recent Fifth Circuit ruling (as reported in Texas Lawyer's Tex Parte Blog) involving the firing of a woman because she wanted to use a breast pump at work. According to the opinion, when Donnicia Venters spoke to her boss at Houston Funding about using a breast pump at work upon her return from maternity leave, her request was met with a long pause, then the news that her position had been filled. The Equal Employment Opportunity Commission brought a Title VII action against Houston Funding, alleging the company had discriminated against Venters based upon her sex. U.S. District Court Judge Lynn Hughes (who has recently made news and caught bloggers' attention for allegedly racially insensitive comments) granted summary judgment in favor of Houston Funding, finding that Venters' firing did not constitute sex discrimination because "lactation is not pregnancy, childbirth, or a related medical condition." While "cramping, dizziness, and nausea" are conditions related to pregnancy, Hughes wrote, lactation does not make that list. After Venters gave birth, the opinion stated, "she was no longer pregnant...
A 'Judge Smash' in Sentencing Dispute With Prosecutors
by Laurel Newby
7 Jun 2013 at 2:37pm
It's not unusual for judges and prosecutors to fail to see eye-to-eye on criminal sentencing issues. But it might just be a first for a federal judge to send an email comparing herself to a comic book character known for morphing into a large, green, superhuman "Hulk," and warn lawyers in the U.S. Attorney's Office, "You won't like me when I'm angry." The email has, not surprisingly, garnered some interest -- as has the resignation of the prosecutor who received it. The Des Moines Register (via the Sentencing Law and Policy blog and ABA Journal) has the story of the clash between U.S. District Judge Stephanie Rose and prosecutors in the Southern District of Iowa U.S. Attorney's Office over sentencing in several criminal cases. Rose, who was confirmed as a federal judge last September in a U.S. Senate vote of 89-1, is the country's youngest federal judge at 40 years old. She had been a longtime federal prosecutor and served as the U.S. Attorney for the Northern District of Iowa before her appointment to the bench. The Des Moines Register reviewed recently unsealed emails sent between Rose and federal prosecutors concerning the case of a convicted drug dealer named Bryan...
Father Seeking Visitation Rights Wears Nazi Uniform to Court
by Laurel Newby
5 Jun 2013 at 2:39pm
Last week we discussed an Illinois judge who, after being arrested on drug and firearms charges, ended up at a court hearing wearing cut-off jean shorts and a T-shirt bearing the slogan, "Bad is my middle name." Not the most appropriate ensemble, to be sure, but here (via Jonathan Turley) is the story of a litigant who took the concept of questionable courtroom attire to the extreme. A New Jersey man attended a family court hearing this week wearing a Nazi uniform. Yikes. On the other hand, the outfit did coordinate nicely with his Hitler-esque mustache and swastika tattoos. Heath Campbell and his family gained notoriety in December 2008, when employees of a ShopRite supermarket refused to spell out the name of their 3-year-old son on a birthday cake. That name: Adolf Hitler Campbell. Heath Campbell said at at the time that he named his son after Adolf Hitler because "no one else in the world would have that name." Indeed. He said that those who would object to such a moniker "need to accept a name. A name's a name. The kid isn't going to grow up and do what (Hitler) did." And the Campbells stuck to the same...
Warnings Aside, Parents Still Want Their Kids to Grow Up to Be Lawyers
by Laurel Newby
31 May 2013 at 2:36pm
A new survey from Lawyers.com has been making the rounds on law blogs this week, due to its somewhat surprising revelation that, even amid seemingly constant headlines about the shaky job market greeting today's law grads, nearly two-thirds of parents hope that their children will pursue careers in the law. The survey results were based on 1,001 phone interviews conducted in English and Spanish. Of survey respondents with children in their household, 64 percent said they hope their kids will grow up to be lawyers. Respondents were also asked about whether they would like to have a lawyer as a son- or daughter-in law. A majority of mothers surveyed -- 55 percent -- liked the idea, while future father-in-laws were less keen, with only 38 percent saying they were interested in having their child marry a lawyer. "Being a lawyer means being a respected professional, and that's something that parents want for their children," Larry Bodine, editor-in-chief of Lawyers.com, is quoted as saying. ?Despite the tough economy facing the next generation, it's exciting to note that nearly two-thirds of parents would be happy with a law degree in their child?s future." But some commentators find the results more alarming than...
When Complaining About Your Job on Facebook Can Get You Fired
by Laurel Newby
30 May 2013 at 2:18pm
Employment law blogs, including Porter Wright's Employer Law Report and Ogletree Deakins' Employment Law Matters, have been discussing an Advice Memorandum recently released by the National Labor Relations Board that addresses when an employee may be fired over negative comments about an employer on social media, and when such messages constitute "protected concerted activity" under the National Labor Relations Act. The case involves private Facebook group messages written between current and former employees of Tasker Healthcare Group (doing business as Skinsmart Dermatology). During a group message discussion initiated to organize a social event, one employee took the opportunity to express some dissatisfaction with her supervisor and with the company in general. Among other comments, the employee (who the NLRB memo refers to as the Charging Party) wrote that the company is "full of shit ... They seem to be staying away from me, you know I don't bite my [tongue] anymore, FUCK ? FIRE ME ? MAKE my day ?" No other current employees participated in that part of the conversation, but later on, one employee did write that "it's getting bad" at Tasker and that "it's just annoying as hell. It's always some dumb shit going on." The morning...
'Bad' Judge Embroiled in Drug Scandal After Colleague's Death
by Laurel Newby
29 May 2013 at 2:41pm
An Illinois judicial scandal involving drugs, death and some truly unfortunate courtroom attire has been gaining steam this week. An arraignment was held Tuesday for St. Clair County probation worker James Fogarty, who is accused of selling cocaine to two county judges, Joseph Christ and Michael Cook. Christ died in March while on a hunting trip with Cook at a lodge owned by Cook's family. A coroner on Friday confirmed that Christ's death was due to cocaine intoxication. Christ, a longtime prosecutor, was sworn in as a judge only 10 days before his death. He was 49 years old and a father of six. Cook, a 43-year-old St. Clair County circuit judge, has not been charged in connection with Christ's death, but was arrested last week on charges of heroin possession and using a controlled substance while in possession of a firearm, the St. Louis Post-Dispatch writes. Cook resigned from the bench on Wednesday, the Belleville News-Democrat reports. A letter submitted by his attorney stated that Cook "was away in treatment." Cook pleaded not guilty at a hearing Friday, appearing in court wearing cut-off jean shorts and a T-shirt bearing the message "Bad is my middle name." That was apparently...
Inmate Sues Taco Bell Over Doritos Locos Tacos
by Laurel Newby
17 May 2013 at 2:53pm
I can't say that I've tried Taco Bell's Doritos Locos Tacos, but it seems as though I'm in the minority. The menu item introduced last year has been so popular that it's helped create 15,000 new jobs for the fast food chain, Taco Bell CEO Greg Creed says. More than 1 million of the tacos are reportedly sold every day, with more than 500 million sold since the product was launched. [This Fast Company article provides an in-depth look at the origins and impact of the chain's "disruptive faux cheese-dusted taco."] Creating a taco shell out of Doritos chips was clearly an inspired concept -- and a federal prison inmate is now claiming that idea was all his. The Dallas Observer reports (via Consumerist), that Gary Cole, an inmate at a high-security prison in Colorado, filed a federal lawsuit in Texas this week alleging that Taco Bell stole his idea for the Doritos tacos. As proof, Cole offers a copy of a 2006 letter sent to his attorney, in which Cole recorded ideas for a number of potential products, including "Tacos [sic] Shells of All Flavors (Made of Doritos)." Among the other merchandise ideas listed were some items branded "Divas...
iPhone User Claims Apple Knew Power Button Would Fail
by Laurel Newby
16 May 2013 at 2:57pm
iPhone users (and other Apple devotees), take note. A proposed class action filed in California seeks $5 million in damages against Apple over allegations that the company knew about a latent defect in the iPhone 4's power button and failed to disclose it. But here's the twist: The plaintiff alleges that Apple not only knew that the power button would fail, it knew when the button would fail -- just after the expiration of the phone's one-year warranty period. In her complaint, filed in federal district court, Debra Hilton says her iPhone 4 "suffered a terminal power button failure" 15 months after she bought it, and three months after her warranty expired. The only option that Apple's customer service offered her, she said, was to pay $149.99, plus shipping, for repair or replacement of the phone. The alleged defect involves a flex cable connected to the phone's power button, the "premature deterioration" of which "causes the power button to become harder and harder to depress until eventually it becomes entirely unresponsive," according to the complaint. Hilton alleges that Apple "knew that this defect existed as of the time of the phone's manufacture, and that it would be substantially certain to...