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    News and Articles on Ex Parte

    Archives: Ex Parte

    Calcutta HC directs criminal proceedings against Pawar  Nov 21, 2008
    The court passed the ex parte order and directed the Registrar (Original side) to initiate criminal proceedings under section 195 of CR P C (prosecution for contempt of lawful authority of public servants for offences against public justice and for offences relating to documents given in evidence), at an appropriate court. The court then reserved its judgement. (India Times, India)

    BCCI moves Supreme Court in Dalmiya expulsion case  Nov 21, 2008
    "It was an ex parte order and the BCCI officials were not given an opportunity to put across their case. We have decided to move the Supreme Court in this matter," said Shukla. The Calcutta High Court on Wednesday (November 12) had directed initiation of criminal proceedings against BCCI President Sashank Manohar, former Board President Sharad Pawar and four top officials for filing false affidavits in the Jagmohan Dalmiya expulsion case. (India Times, India)

    Bethel judge accused of misconduct  Nov 20, 2008
    It's improper for a judge to have contact with only one side of a court case, an act known as an ex parte communication. ARTICLE LINKS: | | Reader Comments Disclaimer ng: These comments do not represent the Juneau Empire's views. (Juneau Empire)

    Bethel judge defends himself against misconduct charge  Nov 18, 2008
    It's improper for a judge to have contact with only one side of a court case, an act known as an ex parte communication. And it's not the only time he did that, according to testimony by Amber Terrell, a former Bethel police officer who is now a probation officer in Fairbanks. (Anchorage Daily News)

    Solo Calls State Bar's Grievance Against Him 'Fascism'  Nov 15, 2008
    As alleged in Ex Parte Adam Reposa, the prosecution for his contempt hearing introduced evidence of extraneous conduct by Reposa, including an apparently satirical ad for an attorney identified as "Bulletproof, the DWI Stud" published in Whoopsy. a magazine distributed in Austin clubs. (Law.com)

    Former In-Law Alleges Judge Used Influence to Have Him Fired  Oct 30, 2008
    In November 2007, court papers said, the district attorney's office made an "ex parte application for nolle prosequi" of all 42 counts of the complaint against DiFronzo. That application, according to DiFronzo's complaint, was granted by Philadelphia Common Pleas Court President Judge C. Darnell Jones II. DiFronzo was notified of the dismissal in January 2008. (Law.com)

    Kidnapping Victim: I Don't Feel Safe  Oct 24, 2008
    " From First Encounter to Retraining Order Schremp worked at Harrah's for around three years to help pay her way through college to earn a degree in computers, a useful tool that led to her current job as technology director in the Wright City R-II School District. Ward had a job at the time working with computers, so he and Schremp often had conversations dealing with their only similarity while he played cards at the casino. During this time in 2004, somehow Ward obtained Schremp's phone... (Missourian Publishing, MO)

    C.R. 18 rezoning finally settled  Oct 24, 2008
    Commissioners said ex parte communications-one-sided testimony in the absence of all interested parties-had been received in the form of letters, phone calls or e-mails from citizens opposed to a rezoning application. Given the amount of communication and correspondence, commissioners felt it would be difficult to enter all of the information into the record, so the attempts to sway the commission resulted in multiple commissioner recusals, leaving the board without a quorum to hear and decide... (Bradford County Telegraph, FL)

    Local agencies strive to beat domestic violence  Oct 22, 2008
    If a victim is at risk of imminent danger, an ex parte order, which lasts 30 days, may be obtained from a local justice of the peace. The emergency protective order can be obtained in order to provide protection until the time of a hearing for the final protective order, which a judge could choose to make effective for up to two years. (Navasota Examiner, TX)

    Kidnapping Victim Returned Safely  Oct 18, 2008
    According to court documents, Schremp had filed an ex parte order of protection against Ward in January 2005, but the petition was denied for lack of evidence. R-II Superintendent Chris Gaines said the district was alerted by Schremp early Oct. 9 about the incident. (Missourian Publishing, MO)

    Regional Water head says board members can't talk to city  Oct 16, 2008
    Wednesday, October 15, 2008 Edition. We have basically sacrificed a City Hall and I don't know how much further we can go," said Conley Ulich, referring to the council's vote last month to have the developers of the La Paz project offer to build a wastewater treatment plant as part of a development agreement rather than the original proposal of a City Hall. La Paz officials have not publicly stated how they feel about that request. A council hearing on the project will take place on Nov.... (Malibu Times, CA)

    Jefferson trial date may be delayed  Oct 11, 2008
    The discussion of the trial date came at a hearing on objections by Jefferson's attorneys about two "ex parte" or private meetings between the prosecutors and judge at which Jefferson's attorneys were not present ... And an ex parte meeting a year ago had something to do with a statute governing the release of tax returns ... While Ellis told Trout he could not provide him any more information about the sessions, he said Trout's objection was "very good to remind us that ex parte should be at a... (Nola.com -- Sports)

    Developer: Parsons trespassed  Sep 24, 2008
    Flora said he is worried that the surprise meeting could be a violation of Durango's prohibition of ex parte communications ... "I said, 'I'm a little uncomfortable with this ex parte thing,'" Flora said ... Ehlers wrote that the incident must still be documented in part "to avoid any suggestion or implication of improper ex parte communications involving or initiated by the applicant.". (Durango Herald)

    Cops Need Warrant to Get Cell Phone Tracking Data  Sep 13, 2008
    pdf) found that "location information so broadly sought is extraordinarily personal and potentially sensitive; and that the ex parte nature of the proceedings, the comparatively low cost to the Government of the information requested, and the undetectable nature of a [cellular service provider]'s electronic transfer of such information, render these requests particularly vulnerable to abuse.". The government appealed, arguing the records only reveal a phone's location when it is actually used... (ABC News)

    Beneath the noise, worries over US-style rules  Sep 10, 2008
    This sentiment was echoed in August, when Toronto lawyer Brian Gover released his report on the Competition Bureau's controversial practice of seeking so-called ex parte or Section 11 subpoenas from the federal courts. The subpoenas are a stealth investigative tool that enables the bureau to secretly obtain court orders that force firms to quickly produce truckloads of internal data. (Globe and Mail)

    Top Legal Risks for American Expatriates in Panama  Sep 9, 2008
    "Ex Parte Proceedings" -- It is allowed for one party in a trial or civil suit to meet with judges and prosecutors without the presence of the opposing party and without notifying them in advance. 4. (PR Newswire)

    State scolds 2 local judges  Sep 4, 2008
    The commission also said it was improper for Baldwin to delay issuing an eviction warrant in a fourth case based upon ex parte communication and for him not to force the tenants to make a deposit with the court, as required by law. Prior actions by the NYS Commission on Judicial Conduct in Greene County resulted in the resignation of two town justices, one censure of a town justice, and one admonishment. (Catskill Daily Mail, NY)

    Order of Protection issued against Commissioner Crenshaw  Aug 28, 2008
    There was no ex parte or order of protection issued when the allegation was filed, nor has there been one issued at this time. At the August 15 hearing, Michele Wells, 40, of Cameron alleged that Jim Crenshaw was stalking her at 606 Oak St., Lathrop, Mo. (Cameron Observer, MO)

    Raja Petra given three days to prove claims in articles against Shafee  Aug 14, 2008
    The order was the result of an ex parte summons in chambers, which the lawyer filed yesterday together with a defamation suit against the blogger over the same articles. The court fixed Sept 2 to hear the inter partes application. (The Star Online, Malaysia)

    Raja Petra ordered to reveal source and reader IDs  Aug 13, 2008
    The order was the result of an ex parte summons in chambers filed by the lawyer, who had earlier Wednesday filed a defamation suit against the blogger over the same articles. The court fixed Sept 2 to hear the inter partes application. (The Star Online, Malaysia -- News)

    Judge defends how he handled tickets  Aug 3, 2008
    More important, perhaps, several lawyers said that the documents show a pattern of "ex parte" communications between Sholes and Traffic Court defendants. In general, the state's Code of Judicial Conduct prohibits judges from discussing pending cases without both parties present. (Nola.com -- Sports)

    Federal Judge Calls Halt to Ugly Fee Dispute  Jul 24, 2008
    In his recusal motion, Peoples argued that Langer and DuBois share a "close," "special" and "unacceptable" relationship, and accused DuBois of conducting ex parte meetings with Langer. "That is absolutely false," DuBois wrote, noting that all of the court's meetings with Langer also included defense liaison counsel and any other lawyer on the case who wanted to participate. (Law.com)

    Denise Richards requests emergency order against Charlie Sheen  Jul 19, 2008
    Hersh countered that Steinberg "realized" Silberman "has more knowledge regarding the issues present in this case and therefore decided to defer a decision on the issues presented by Ms. Richards ex parte application to Judge Silberman.". "Mr. Singer knows better. This was not a matter of forum shopping," Hersh told TMZ.com. (Reality TV World)

    Those not in on Barden discussions criticize casino project deal  Jul 18, 2008
    He also said there was nothing "ex parte," or private or improper, about his phone call with Mr. Evans, because Mr. Evans has said publicly that he supports Mr. Barden's ownership of the casino ... 1): "A member of the board shall not engage in any ex parte communication with any person [and shall] avoid impropriety and the appearance of impropriety at all times and observe standards and conduct that promote public confidence in the oversight of gaming." ... The passage suggests that if any... (Pittsburgh Post-Gazette, PA)

    Polanski asks prosecutor to review film's claims  Jul 17, 2008
    "We want to develop information about the extent of the ex parte contacts, what other communications Wells had, whether anybody else was aware of them, that sort of thing.". In general, Dalton acknowledged, fugitives have little standing to press conventional appeals. (International Herald Tribune -- Arts)

    Adani's Mundra SEZ project gets SC clearance  Jul 13, 2008
    The power plant, which is scheduled to commence operation by the end of the year, would supply power to six states, it said, adding that the ex parte order would have a crippling effect not only on it, but also on other users of the port including Indian Oil, which imports crude oil through the Mundra port. The apex court, on a PIL filed by Imran Salim Jat, and others, had ordered a status quo, taking into account the plea that construction activities would be dangerous for the... (Economic Times)

    Court system is a disgusting mess  Jun 28, 2008
    I have seen judges ordering senseless ex parte orders -- for the right attorney, of course. I have seen professionals bully and assault cliients, with no retribution because of who those professionals are. (The Augusta Chronicle)

    Ignorance is a Tough Sell: Review of Willful Blindness  Jun 26, 2008
    "Ex parte Quirin, 317 U.S. 1 (1942), is a Supreme Court of the United States case that upheld the jurisdiction of a United States military tribunal over the trial of several Operation Pastorius German saboteurs in the United States. Quirin has been cited as a precedent for the trial by military commission of any unlawful combatant against the United States.It was argued July 29 and July 30, 1942 and decided July 31, 1942 with an extended opinion filed October 29, 1942.This decision states:... (Townhall.com)

    C3SR Raises Questions About the Integrity of the FCC'S Decision-Making Process  Jun 17, 2008
    No action has been taken by the FCC. According to Julian L. Shepard of Williams Mullen, counsel to C3SR, "The entire FCC process is now unreasonably shrouded in secrecy. Sirius and XM are trading on the secrecy of the highly confidential documents in the court of public opinion. They have refused to come forth with the facts. In public, Sirius and XM are denying the facts in the highly confidential documents, but they have not submitted any evidence to support their denial. Meanwhile, Sirius and... (PR Newswire)

    Lieberman Hopes to Sidestep Guantanamo Ruling  Jun 16, 2008
    Suspension during World War II and its aftermath In 1942, the Supreme Court ruled in Ex parte Quirin that unlawful combatant saboteurs could be denied habeas corpus and tried by military commission, making a distinction between lawful and unlawful combatants. The writ was suspended in Hawaii during World War II, pursuant to a section of the Hawaiian Organic Act, when martial law was declared in Hawaii in the aftermath of the Japanese attack on Pearl Harbor. (Yahoo News -- Terrorism & 9/11)

    Jindal Says GOP Getting Away From Its Core Values  Jun 16, 2008
    By Zachary A. Goldfarb Louisiana Gov. Bobby Jindal, an up-and-coming Republican sometimes touted as a potential presidential running mate, said his party has taken a beating at the polls lately because it "started defending corruption and spending and other things they would have rightfully condemned in the other party.". Jindal, the first Indian American governor and a former House member, said he has talked to presumptive Republican nominee Sen. (Washington Post)

    Corporate buzz for the week gone by  Jun 8, 2008
    Sahara has filed a caveat in the Supreme Court to prevent RBI from obtaining an ex parte order, according to an agency report. Counsel for Sahara KK Lahiri said that in an earlier PIL, the central bank had given a clean chit to the finance company and there had been no development since then to raise concern. (Economic Times)

    Solo Battles Jail Sentence for Obscene Gesture  Jun 7, 2008
    "[T]his was not a contempt proceeding at all ... it was a preliminary disbarment proceeding disguised as a contempt hearing," Reposa alleges in the writ application in Ex Parte Adam Reposa. Reposa also alleges that the prosecution at his April criminal contempt hearing elicited testimony about a Whoopsy. (Law.com)

    RBI order arbitrary and fanciful, Sahara tells HC  Jun 6, 2008
    SIFCL is likely to file a caveat in the Supreme Court on Friday pleading that an ex parte order not be passed if RBI appeals against the stay granted by the high court, senior advocate Prashant Chandra, who appeared for SIFCL in the Allahabad high court said. The company wanted the court's direction to appoint an independent committee without any RBI official on board to re-examine the matter. (India Times, India -- Intl Business)

    FedEx Fee Fight Packs $25,000 Sanction  May 29, 2008
    Last fall, McCoy alleged an improper ex parte communication between Swanson and Bolanos, and said Swanson had a conflict because he was also serving as an expert witness in prison litigation involving Parker's lawyers at Rosen, Bien & Galvan. But Illston found Swanson did nothing improper, and. (Law.com)

    Commission recommends suspension for Lee County judge  May 29, 2008
    Carr also engaged in ex parte communications regarding the matter on several occasions, according to Brant Brantley, executive director of the Commission on Judicial Performance. The Commission recommendations go to the state Supreme Court, which will decide if Carr is punished. (The Clarion-Ledger)

    Straight arrows find it hard to survive Gold Dome  May 28, 2008
    She tried her best to move the entrenched interests further into the light with her ban on ex parte communications, watered down as it was by Stan Wise, Doug Everett and others. She is precisely the kind of person who is most needed in such an obscure but influential position, and sadly the kind most likely to be driven out. (Atlanta Journal-Constitution -- Opinion)

    Specter Demands Sanity Check on Obama's Hypocrisy  May 28, 2008
    This constitutional principle, pronounced by the United States Supreme Court since Ex parte Yarborough (1884) and reiterated as recently as Gray v. Sanders (1963), is simply beyond reproach. This rock-bottom constitutional demand applies to primaries as well as general elections. (Townhall.com)

    City of Gerald to Face Numerous Lawsuits  May 17, 2008
    She claims that she was forced to get an ex parte, a restraining order, against her boyfriend or was threatened to be arrested ... "I'm almost losing everything - this ex parte they forced me to get has ruined my life," she said. (Missourian Publishing, MO)

    Editor's Note:  May 16, 2008
    "No ex parte communication," she said. Gardner did not oppose Bailey's sentencing delay. (Juneau Empire)

    Judge panel nixes Miami-Dade OK of Related project  May 13, 2008
    The majority in the 11th Judicial Circuit of Florida cited four issues as the basis for its ruling: Miami Mayor Manny Diaz's ex parte communication with the developer after the commission's approval; the commission's vote resulted in spot zoning; a substantial square footage change in the application without public review; and a violation of procedural order during the application's review. Diaz's response to a commissioner requesting a veto of the April 26, 2007, commission vote included the... (South Florida Business Journal, FL)

    Fairness requires fuller disclosure of model  May 7, 2008
    Whether or not consultation was a legal exercise, once embarked upon it had to be carried out fairly: R v North East Devon Health Authority, Ex parte Coughlan ([2001] 1 QB 213). The mere fact that information was significant did not mean that fairness necessarily required its disclosure to those consulted. (Times Online)

    Google holds Verizons feet to fire on 700MHz open access  May 6, 2008
    The search engine company cites several ex parte meetings that Verizon had with the Commission in and early October, during which the firm was quite adamant that. "the Commission should not (1) force C-block licensees to allow any and all lawful applications to be downloaded to any devices that licensees provide, including devices that are not configured to accommodate any and all applications; and (2) inhibit C-block licensees from differentially pricing a package of benefits, features and... (Ars Technica)

    N.Y. Judge Files $10 Million Defamation Suit Against Attorney, Newspaper  May 3, 2008
    The commission, in a determination issued in December 2001 and modified in June 2002, admonished Martin for sending ex parte letters seeking favorable consideration on behalf of defendants awaiting sentencing in other courts. Batra alleged in Riskin v. Karp that Karp's representation of Martin during 2000 and 2001 rendered Karp unable to act as Singer's undisclosed attorney from July 25, 2000, to "the present time.". (Law.com)

    LETTERS: April 19, 2008  Apr 20, 2008
    The article makes no mention of ex parte law ... Judging from the either lazy or biased reporting, I think the North County Times would have been happier if he'd broken ex parte laws. (North County Times)

    State rebuts Duncan's guilty plea reversal  Apr 19, 2008
    "It is obvious that the defendant has filed a frivolous motion in arrest of judgment merely as a vehicle to obtain an ex parte extension of the deadline to file a motion in arrest of judgment," Meals wrote. Thomas could not be reached for comment. (Ames Daily Tribune, IA)

    Crime victims, supporters mark Victim's Rights Week  Apr 15, 2008
    Porter said she also would like to see prior domestic violence arrests be added to ex parte orders and that guidelines for Amber Alerts in different jurisdictions be the same. WitbolsFeugen said he would like to see the word "victim" redefined so people grieving from loss could heal. (The Examiner)

    The Fugitive: The Obama Files Continue  Apr 10, 2008
    There are new clues to the mystery in a fresh look at the January 16, 2007, ex parte before Federal District Judge Amy J. St. Eve, in the case of the United States vs. Antoin Rezko, in the discovery of Mr. Rezko's resources in order to set his bail awaiting trial ... Mr. Rezko revealed why in his ex parte testimony when he told the judge about the fate of Chamchamal, "We had, for whatever it's worth, sometime in June received a letter saying the contract was cancelled. We protested the... (Human Events Online)

    Judge allows discovery, denies dismissal, in Cove Springs case  Apr 9, 2008
    In the case brought against Blaine County by the Cove Springs development group, irregularities in County procedures have been suspected by the developer that include conflicts of interest, undisclosed ex parte communications, bias and open meeting law violations by the County Commissioners and others involved in making the decision. No matter what your views are on development, should such suspicion find fact, important changes would likely follow. (Wood River Journal, ID)

    Letters for April 4, 2008  Apr 5, 2008
    Californian Columnists. HotJobs Local Search. (North County Times)

    Second marriage bid: another NRI groom booked  Mar 31, 2008
    However, the police said Pannu had the ex parte divorce copy with him. It also was learnt that parents of the bride have also lodged a complaint with the Kartarpur police, and Pannu has also been booked under sections 494 and 420 of the IPC. The match-maker and kin of Pannu have also been booked. (Chandigarh Newsline)

    Court flouts watchdog group  Mar 3, 2008
    Monroe County Justice Court Judge Robert Fowlkes and the state's judicial watchdog group agreed he should receive a public reprimand for alleged ex parte communications about a pending case ... Hinds County Justice Court Judge Ivory Britton for improper ex parte communication. (The Clarion-Ledger)

    Gag order on Raj to stay: HC  Mar 1, 2008
    The counsel for Thackeray tried, in vain, to explain to the judge that the law provides that a gag order can't be passed 'ex parte' without hearing the person concerned unless there 00004000 is an emergency situation. Gupte said there was no emergent situation here and that Raj was not responsible for any riots. (Times of India)

    McCain Disputed On 1999 Meeting; Broadcaster Recalls Urging FCC Contact...  Feb 24, 2008
    A subsequent review by the FCC General Counsel's Office determined that McCain had violated the commission's ex parte rules, though the breach was deemed inadvertent. Five days after McCain's second letter, the FCC voted 3 to 2 to approve the deal. (The Drudge Report)

    Court ruling prompts ‘third party' review of watchdog  Feb 16, 2008
    The probe will investigate the regulator's practice of seeking so-called ex parte subpoenas from the courts to compel confidential data from targeted companies and industry players, without their prior knowledge. Yesterday's announcement came three weeks after Federal Court Judge Anne Mactavish delivered an unusually harsh order against the bureau and its commissioner. (Globe and Mail -- Business)

    Mans condition improves as court battle continues  Feb 13, 2008
    Golubchuk is alive today because his family was able to get an ex parte injunction (without notice to the hospital) from Justice Perry Schulman of the Manitoba Court of Queens Bench that prevented doctors at Winnipegs Grace Hospital from removing his life support, which would have violated the familys wishes and religious beliefs. At a hearing on Dec. 11, the hospital and doctors maintained that Golubchuk had minimal brain function. (Canadian Jewish News)

    Exxon wins freeze on Venezuela assets  Feb 8, 2008
    On Jan. 24, the High Court of England and Wales was satisfied that there is a real risk that PDVSA will dissipate its assets and accordingly entered a Worldwide Freezing Order ex parte, Exxon said in the filing to the New York court. The order prohibits PDVSA from disposing of its assets worldwide up to a value of $12-billion whether directly or indirectly held. (Globe and Mail)

    New system tracks offenders after they leave custody; victims notified  Feb 6, 2008
    Terriann Carlson, spokeswoman with the sheriff's office, said the system works with protective orders, emergency protective orders and temporary ex parte orders. To make those three orders work, that requires every organization in the county to put this puzzle together, she said at the beginning of the presentation. (Rosenberg Herald-Coaster, TX)

    Gilbert's lawyer accuses state commission boss of wrongdoing  Jan 30, 2008
    The allegation of witness tampering involved Kizer's ex parte communication with Dr. Robert Voy, a former chief medical officer for the U.S. Olympic Committee and former medical review officer for the NFL Players Association who is serving as a witness for Gilbert's defense. An exhibit attached to the motion includes an e-mail Kizer sent to Voy after Gilbert issued a news release critical of the commission's lack of protocols and Schopper told the Reno Gazette-Journal that one of Voy's... (San Diego Union-Tribune -- Sports)

    Georgetown Partners Tells FCC That Sirius-XM ``A La Carte'' Proposal is a Fairytale Providing No Public Interest Benefit  Jan 30, 2008
    --(BUSINESS WIRE)--Georgetown Partners L.L.C. today has submitted to the Federal Communications Commission (FCC) an ex parte filing in response to the January 22, 2008 joint filing with the FCC by Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. (collectively Sirius-XM) charging that Sirius-XMs so-called A La Carte proposal is nothing more than a fairytale with the potential of a very unhappy ending for consumers ... EX PARTE COMMENTS OF GEORGETOWN PARTNERS... (Yahoo! Wire -- Entertainment News)

    Competition decision means faster mergers  Jan 30, 2008
    The office of the Commissioner of Competition was the target of criticism by Federal Court Judge Anne Mactavish after failing to properly disclose information to the judge when its lawyers brought an ex parte motion last November asking that Labatt and Lakeport cough up more information about the impact of the merger on Canada's beer market ... In setting aside her earlier production order, Justice Mactavish chided the Bureau, noting "the commissioner cannot come before the court on an ex parte... (Financial Post)

    Statement from BTP Acquisition Company  Jan 26, 2008
    On January 25, 2008 Image appeared in an ex parte hearing in Los Angeles County Superior Court, seeking a temporary restraining order against BTP and its affiliates, including CT1. Images motion was denied by the court, as was expected by CT1. (Yahoo! Wire -- Entertainment News)

    Court nullifies EGM called by Indian Corridor  Jan 26, 2008
    The statement, quoting a companyspokesman, further said: In the latest development, three GPlus directors Tan Sri Lamin Mohd Yunus, Yeoh Hor San and Jeyaraj Ratnaswamy had individually obtained an ex parte injunction restraining PQ, Indian Corridor and Ooi from making any further defaming statements against the present GPlus board to the public. These orders are being served. (The Star Online, Malaysia -- Business)

    County calls foul at wind farm  Jan 23, 2008
    Caulkins said the county believes this and other communications by Luce reflect a violation of legal rules prohibiting ex parte contact meaning improper contact by a decision-maker, judge or adjudicator without all sides in a case being informed about the contact or brought in on the same communication ... We can t see where there is any other conclusion other than Mr. Luce has violated ex parte contact prohibitions, Caulkins said. (Ellensburg Daily Record, WA)

    Judicial Conference Backs 9th Circuit's Censure of Los Angeles Federal Judge  Jan 19, 2008
    At the same time the U.S. Judicial Conference upheld a decision last week to censure Real for improper ex parte communications with a litigant, the conference revealed a second complaint regarding a "pattern and practice" of Real not providing adequate reasons for his decisions when required to do so. The Judicial Council of the Ninth Circuit had privately reprimanded Real for that behavior. (Law.com)

    Maynard admits Monaco meeting  Jan 16, 2008
    Then, theres the appearance that theyre having ex parte [one-sided] communications that may involve the case thats heading before the Supreme Court. . (Charleston Gazette, WV -- News)

    Federal Judge Rebukes Lawyer in FedEx Fee Fight  Jan 4, 2008
    Illston dismissed plaintiffs lawyer Waukeen McCoy's arguments that the special master, Edward Swanson, suffered from a conflict of interest and did not promptly disclose an ex parte conversation. "The court notes with extreme dismay that plaintiffs chose to file such a patently frivolous motion, and in so doing, to impugn the character of the special master, who has always comported himself with the highest professionalism and ethical standards," Illston wrote in a Dec. 19 order. (Law.com)

    Manor Care To Vigorously Contest TRO  Dec 21, 2007
    TOLEDO, Ohio, Dec. 20 /PRNewswire-FirstCall/ -- Upon an ex parte motion by the Service Employees International Union Healthcare Michigan (SEIU), a temporary restraining order (TRO) was issued late on Thursday, December 20, by the Thirtieth Judicial Circuit Court in Ingham County, Michigan, enjoining the Michigan Department of Community Health, Manor Care, Inc. (NYSE: ) and The Carlyle Group from taking certain actions related to completing the pending transaction between Manor Care and a Carlyle... (PR Newswire)

    Today in History  Dec 19, 2007
    On Dec. 18, 1944, in a pair of rulings, the U.S. Supreme Court upheld the wartime relocation of Japanese-Americans (Korematsu v. United States), but also said undeniably loyal Americans of Japanese ancestry could not continue to be detained (Ex parte Endo). On this date. (Yahoo News)

    Failed policy strong on sentiment  Dec 18, 2007
    In the Harvester Judgment (the correct name is Ex Parte H.V. McKay), Higgins was required to determine what constituted a "fair and reasonable" wage. He found that seven shillings a day met the criterion. (Sydney Morning Herald -- Opinion)

    Georgia Power rate hike decision comes Tuesday  Dec 18, 2007
    It also preceded the date when the PSC's new "ex parte" rules kicked in ... The deal was done two weeks before the ex parte ban took effect. (Atlanta Journal-Constitution)

    Click for Full Story  Dec 18, 2007
    Today's Highlight in History:On December 18, 1944, in a pair of rulings, the U.S. Supreme Court upheld the wartime relocation of Japanese-Americans (Korematsu v. United States), but also said undeniably loyalAmericans of Japanese ancestry could not continue to be detained (Ex parte Endo). On This Date:In 1787, New Jersey became the third state to ratify the U.S. Constitution. (KWTX.com, TX)

    Student may set legal precedent in RIAA case  Dec 10, 2007
    "If (the judge) issues a decision which recognizes the flaws in the RIAA's 'ex parte' evidence, I predict that it will have a tremendous impact nationwide," Beckerman said. Beckerman added if GW's subpoena was dismissed, it would impact the RIAA's entire campaign, both against college students and the general population. (GW Hatchet, Washington DC)

    McDaniel to stay in Friendswood  Dec 7, 2007
    "They prefer ex parte communications, where they can go around the process - the manager, the mayor - and just wink at the rules, because they don't really apply to them because they're special. "Last time I checked, the U.S. Constitution recognizes no entitlement - for race, creed, color or length of tenure in a community. " McDaniel's review had been scheduled for a closed session at the Nov. 19 meeting, but just before that meeting commenced, he said he wanted it held in public. Normally,... (The Citizen - online, TX)

    What's at Stake in the Latest Guantanamo Bay Case?  Dec 5, 2007
    But what about Ex Parte Bollman's statement that habeas exists at the whim of Congress. The Court could circumvent this principle by holding that absent a statute vesting the power to grant writs of habeas corpus in the lower federal courts, individual Supreme Court Justices would necessarily have the power to grant such writs. (FindLaw)

    Ontario council OKs Pepsi deal  Dec 5, 2007
    Dominick, who had been negotiating with Pepsico for some time, declared ex parte contact, but said since the deal would not result in any financial gain to him, he would vote with the rest of the council on the sale. The council also unanimously approved two proposals to help another business: Flying W Aviation. (Ontario Argus Observer, OR)

    A Recipe For Reining In Executive Power  Dec 4, 2007
    During the Civil War, Chief Justice Roger Taney wrote a furious opinion in Ex Parte Merryman (1861) assailing Abraham Lincoln's suspension of habeas corpus ... In Ex Parte Milligan (1866), the Court echoed Taney, writing that if the president could "substitute military force for and to the exclusion of the laws, and punish all persons, as he thinks right and proper, without fixed or certain rules.... republican government is a failure, and there is an end of liberty regulated by law." With this... (CBS News)

    Council to tackle expansion issues  Dec 4, 2007
    Dominick, who has been negotiating with Pepsico, declared ex parte contact, but said since the deal would not result in any financial gain to him, he will be voting with the rest of the council on the sale. The council is also scheduled to vote on two related proposals that would help another business: Flying W Aviation. (Ontario Argus Observer, OR)

    TiVo Announces Results for Third Quarter Ended October 31, 2007  Nov 29, 2007
    "In addition, as a result of our constructive conversations, TiVo and the cable industry have come to an agreement on a blue-print for a retail TiVo DVR using the cable industry's OpenCable Application Platform that will have full two-way cable service functionality. While the technical specifications are still being worked out, such a set-top box will mean TiVo subscribers will be able to get full access to cable VOD and other two-way cable services. This could also mean that a standalone TiVo... (Yahoo! Wire -- Entertainment News)

    Georgetown Partners Responds to Sirius-XM Filing with the FCC  Nov 21, 2007
    Nov. 20 /PRNewswire/ -- Georgetown Partners L.L.C., a minority-owned private equity firm, today responded to the joint filing by Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. with the Federal Communications Commission (FCC) dated November 13, 2007, in an ex parte submission to the FCC pointing out various disingenuous statements and inaccuracies in the Sirius-XM filing, including ... To: The Commission EX PARTE SUBMISSION OF GEORGETOWN PARTNERS L.L.C. INTRODUCTION ... (2) See... (Yahoo! Wire -- Entertainment News)

    Britney Stripped of Driving Kids after Multiple Driving Debacles  Nov 17, 2007
    Attorney Mark Vincent Kaplan requested the ex parte hearing because of the many news reports involving driving incidents that show the minor children sitting in the back seat at the time when they occurred. Britney Spears and police have said her driving could be even more hazardous as paparazzi crowd around and distract her from the road. (Hollywood Today Newsmagazine)

    Britney Spears Isn't Allowed To Drive With Her Children, Judge Rules: Report  Nov 17, 2007
    Gordon had originally decided that they would discuss a pending motion whether Spears would be permitted to drive the couple's children at the next scheduled hearing, on November 26, but Federline's attorney Mark Vincent Kaplan asked for the ex parte hearing because he argues that, despite this motion, she has continued to commit driving offenses. Spears is already awaiting a hearing for the of driving without a but after the last custody hearing on November 8, she was photographed and... (VHI.com -- Music News)

    Britney Spears' Bad Driving Is A 'Huge Problem' For Custody Case, Experts Say  Nov 13, 2007
    Commissioner Scott Gordon delayed ruling on that motion until November 26, but a source close to the situation told MTV News that a decision to hold an ex parte hearing on the matter will be under assessment once court is back in session on Tuesday; a hearing could be held as soon as Wednesday, pending notification of Spears' attorneys. Footage of Spears running a red light may also be subpoenaed to show the court, the source said. (VHI.com -- Music News)

    Alleged secrets put biker trial on hold  Nov 5, 2007
    If any such ex parte hearings were held about the pickup, the prosecution asked the Supreme Court to reverse the rulings on the basis that such hearings were unauthorized and stop the secret hearings, according to documents ... Defendants have detailed their reasons for needing the testing and have done so ex parte and under seal because their work product and theory of defense are directly implicated, he wrote ... Regarding the ex parte mention of possibly moving the trial, the conversation was... (Rapid City Journal, SD)

    U of Oregon fights RIAA subpoenas  Nov 4, 2007
    As a result the lawsuit and ex parte subpoena for the names. So what gives. (ZDNet)

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