Lawsuits over voter registration could shape election Oct 6, 2008
Last week, state and federal courts upheld same-day registration and voting. Disputes over statewide databases. (The Pantagraph newspaper)
Our View: Victims’ rights Prop. 9 doesn’t seem necessary Oct 5, 2008
However, the issue is complicated by the fact that California's prisons, which cost taxpayers about $10 billion a year, are now seriously overcrowded, and some are under the supervision of federal courts as a result ... Some of the provisions of the proposition could also be invalidated by federal courts. (Appeal Democrat, CA)
Escondido: Olga Diaz says she represents ordinary residents in race for City Council Oct 5, 2008
The federal courts eventually vindicated Diaz by nullifying the legislation. She said recently that the City Council majority ---- Gallo, Abed and Councilwoman Marie Waldron ---- has harmed the city by damaging its reputation with "mean-spirited" legislation targeting illegal immigrants. (North County Times)
Despite ruling, detainee cases facing delays Oct 5, 2008
Some of the arguments made by the Justice Department appear to challenge the Supreme Court's conclusion that the U.S. federal courts have a role in deciding the fate of the detainees. One Bush administration argument asserts that only military officials not U.S. federal judges have the power to decide how to conclude wartime detentions. (International Herald Tribune)
Tim Bee ad distorts Gabrielle Giffords' votes Oct 5, 2008
But the ad fails to mention that in June, the high court ruled 5-4 that it was unconstitutional for the government to bar federal courts from hearing habeas corpus requests from detainees, who wanted to challenge their classification as an enemy combatant. Type Size. (AZCentral -- News)
High Court to Hear Arguments on ERISA Beneficiary Designation Oct 4, 2008
South Texas College of Law professor James Paulsen, who teaches courses on family law, marital property and federal courts, says Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, et al. should be a "cautionary tale" for lawyers when advising their clients about what actions to take after a divorce. In 2007, the 5th U.S. Circuit Court of Appeals held in Kennedy that ERISA's QDRO provision, 29 U.S.C. 1056(d)(B)(i), provides the only valid way a divorcing spouse can waive her... (Law.com)
Ruling restarts Fernald closure Oct 3, 2008
The Patrick administration said yesterday it will restart slowly relocating residents of the Fernald Development Center in Waltham after winning a key victory in the federal courts. But some relatives of the 163 men and women still living at Fernald said they will continue to oppose its closure by every legal avenue at their disposal. (Boston Globe)
Meet the candidate for Superior Court judge: J. Michael Giglio Oct 3, 2008
He is admitted to practice before all municipal, state and federal courts in Georgia and Tennessee, including all appellate courts. CLICK ON THESE LINKS. (WWalker County Messenger, GA)
Ohio Court Rules for McCain-Palin on Absentee Ballots Oct 3, 2008
The decision was one of several issued this week by state and federal courts over procedures that affect Ohio's early voting process ... On Monday, the day before early voting opened in Ohio, Brunner's office won several court cases in which Republican voters and the state GOP had asked state and federal courts to stop the process because it permitted voters to register and cast absentee ballots at the same time. (Washington Post)
Doomsday suit dismissed Oct 3, 2008
Gillmor, in a 26-page decision Friday, said the plaintiffs - a Big Island man and a Spanish citizen who lives in Hawaii - did not prove that the federal courts have jurisdiction over the Large Hadron Collider on the French-Swiss border near Geneva, Switzerland ... But she said the proper venue for the debate over U.S. support for the program is in Congress, not the federal courts ... Gillmor, in a 26-page decision Friday, said the plaintiffs - a Big Island man and a Spanish citizen who lives in... (Honolulu Star-Bulletin)
AP: Ohio Election Officials Brace for Early Voting Oct 3, 2008
Five people were waiting at the Cuyahoga County Board of Elections when doors opened at 8:30 a.m. Two in line said they were voting for Democratic presidential candidate Barack Obama, including John Fuller, 73, a retired hospital orderly from Cleveland. Fuller said voting early would allow him to work on Election Day helping others get out and vote. (Missourian Publishing, MO)
Kozlowski sentenced to up to 25 years in prison Oct 3, 2008
As the first high-profile corporate fraud case tried in a state court, legal experts had been watching the sentence to see whether state judges would follow the lead of judges in federal courts, who have imposed severe sentences on corporate executives found guilty of white collar crimes. got 25 years for his role in the collapse of WorldCom. (Yahoo News -- Tyco)
For Ohioans, Election Day Comes Now Oct 3, 2008
Hundreds Register And Cast Their Ballots After State, Federal Courts Uphold Early Voting ... (CBS/AP) Voters in this crucial swing state began casting absentee ballots Tuesday, after state and federal courts upheld a ruling that allows residents to register and vote absentee on the same day during the first six days of voting. (CBS News -- US)
Archery accident (935) Oct 3, 2008
Aimee wrote on Sep 30, 2008 11:27 AM:" However, I highly doubt that you would be able to engage in a scholarly discussion of time mechanics whereas I would be able to discuss the finer point of evidence submission in California and/or Federal courts (re: character evidence) or the difficult task of interpreting the US Constitution, depending on which school of thought you subscribe to. ". Aimee wrote on Sep 30, 2008 11:24 AM:" SportsGuru: That's fine if you don't believe me. Your disbelief is... (Lodi News Sentinel, CA)
No on Prop. 9 Sep 25, 2008
Twenty of California's 58 counties including the largest ones with the bulk of the 80,000 inmates under county supervision are being monitored by federal courts because of overcrowding ... Those who want to sock it to crooks no matter what the federal courts say need a reality check. (San Diego Union-Tribune -- Opinion)
Does Paulson's Bailout Bill Violate the Constitution? Sep 25, 2008
To the contrary, there is explicit language in the text of the Constitution that appears to grant Congress authority to control the jurisdiction of federal courts. The Constitution's Exceptions Clause describes the appellate jurisdiction of the Supreme Court, with the trailing language, "with such Exceptions, and under such Regulations as the Congress shall make." And the lower federal courts are entirely creatures of Congress: The Constitution only created the Supreme Court, leaving to the... (Slate)
Shareholder Class Action Filed Against Synchronoss Technologies Inc. by the Law Firm of Schiffrin Barroway Topaz & Kessler, LLP Sep 24, 2008
Plaintiff seeks to recover damages on behalf of class members and is represented by the law firm of Schiffrin Barroway Topaz er which prosecutes class actions in both state and federal courts throughout the country. Schiffrin Barroway Topaz er is a driving force behind corporate governance reform, and has recovered billions of dollars on behalf of institutional and individual investors from the United States and around the world. (PR Newswire)
Tate & Lyle Sours Sep 24, 2008
It also launched a case in the U.S. Federal Courts in 2006, since which it has settled with 10 defendants. That case is on hold until the ITC's final ruling. (Forbes -- Markets)
Magnificent Constitution arose from humble beginnings Sep 24, 2008
The organic constitution wrote on Sep 23, 2008 7:28 PM:" The constitution written ,the organic or original constitution Was titled constitution for the united states Around 1868 they incorporated the united states and changed it to Constitution of the United States Seemingly small changes but having great meaning .The word for is to express ownership The word of is taken from the word off or means away from .This is when a great fraud was implemented on the American people .The organic... (Keokuk Daily Gate City, IO)
Financing an issue in Barton, Lamar high court race Sep 23, 2008
He s practiced law in state and federal courts. He s currently Okolona s city attorney and prosecutor. (Columbus Commercial Dispatch, MS)
Paratrooper's religious awakening results in discharge Sep 23, 2008
In a statement released this week by his lawyer, Barnes said he was thankful to the federal courts in Anchorage for finding that his request was based on "my sincere belief as a Christian.". In a 16-page ruling, the judge noted evidence of how Barnes' faith grew stronger after he arrived in Iraq in September 2006. (Scripps Howard News Wire)
LLOYD GRAY:A historic race gets its proper ballot position Sep 21, 2008
That question was the crux of the matter, and a completely honest answer would have torpedoed any chance the governor's case would have had in the federal courts under a Voting Rights Act challenge. Here's why. (Northeast Mississippi Daily Journal)
House Committee Names Task Force to Investigate Possible Impeachment of Federal Judge Sep 20, 2008
On June 23 the Judicial Conference of the United States, the policymaking body of the federal courts, against Porteous. The 5th Circuit Judicial Council made the initial recommendation to consider impeachment after its own internal investigation. (Law.com)
Exploring Federal Appeals Courts Under McCain, Obama Administrations Sep 19, 2008
On President George W. Bush's watch, Republican appointees increased their stake by 15 percent, giving them a 100-to-65 judge majority on the federal courts of appeals. In a presentation at the earlier this month, visiting fellow Russell Wheeler said Republican-appointed circuit judges could widen their majority by another 18 percent -- 142 Republican appointees to 51 Democratic appointees -- by the end of the first term of a John McCain presidency. (Law.com)
Nintendo Wii faces new patent investigation Sep 18, 2008
Lawsuits over the Wii or Nintendo's other products are pending in federal courts in Texas, Pittsburgh, Chicago and Wilmington, Delaware. . (International Herald Tribune -- Technology)
Taxpayers Cry Foul Over Increase Sep 18, 2008
Lee said the federal courts can remove the county's trusty program which would take away manpower on garbage pickup duty that the county does not have to pay for on the labor. Lee confirmed the need for the six new patrol cars because there are as many cars in the sheriff's fleet with more than 300,000 miles. (Forest Scott County Times, MS)
Higa sues over harassment case Sep 18, 2008
Stacy Higa, Big Island mayoral candidate and county councilman, has filed lawsuits in state and federal courts saying he did not receive due process of law when a federal judge ruled in favor of a former aide who accused him of sexual harassment. Although Higa was accused by former Council aide Melissa Chang in 2005, he was not a defendant in the case heard by federal administrative law Judge William Schmidt last year. (Honolulu Star-Bulletin)
Federal courts to remain in downtown Danville Sep 18, 2008
According to Judith Russell, legislative advisor for the Administrative Office of the U.S. Courts, recent rumors that Danville's federal courts might be in danger of being closed and of having their cases reassigned to other courthouses are unfounded ... City officials and area attorneys became concerned about whether the two federal courts would remain in Danville after the U.S. General Services Administration notified the U.S. Trustee, a bankruptcy official appointed by the U.S. Department of... (Chatham Star Tribune, VA)
Biden's record on race is scuffed by 3 episodes Sep 18, 2008
Although the segregation of Wilmington's schools was for the most part a result of housing and economic patterns, and not of deliberate government actions, the federal courts imposed a busing plan that many parents and politicians, including Biden, considered punitive. It erased district lines between the largely black Wilmington schools and predominantly white suburban districts. (International Herald Tribune)
State, FERC Thawing an Icy Relationship Sep 18, 2008
Unlike Davis, who vowed to take his refund battle into the federal courts, Schwarzenegger s posture is not so clear. I think the Schwarzenegger administration is pushing to get back all the refunds for which California is entitled, Sweeney said, but we simply have not taken a stand on what the right amount is. (Yahoo News -- Utility Industry Deregulation)
Mistaken Authority Sep 18, 2008
Now, President Bush and his supporters in Congress are seeking a new AUMF because even conservative judges on the federal courts have trimmed the exaggerated readings that the administration has given the 2001 law ... And for the first time since detainees were brought to Guantanamo more than five years ago, the federal courts have undisputed authority to inquire into the government's legal authority to hold peoplethere are no more jurisdictional hurdles that the government can erect. (Slate)
Principle Defense: NIU prof represents Guantanamo detainees Sep 17, 2008
The gist of this was simply that the federal courts have the authority to hear habeus corpus positions brought by detainees in Guantanamo. This was not like there was a trial and conviction and you wanted a second bite at the apple. (DeKalb Daily Chronicle, IL)
Deal brings hope for ABFS creditors Sep 17, 2008
For the second time, the defendants recently filed a motion for the litigation to be moved from Philadelphia Common Pleas Court to federal court because it falls under the federal courts' bankruptcy jurisdiction and is related to ABFS's pending bankruptcy case in Delaware, also brought by Miller. Carroll, a partner at Cozen O'Connor, said the trustee has filed a response saying the case should remain in state court. (Philadelphia Business Journal, PA)
Accused Fake Lawyer Won't Defend Self Sep 17, 2008
A man accused of impersonating a lawyer in federal courts in at least 10 states has pleaded not guilty to two felony charges and won't be representing himself at trial ... He was granted permission in March 2007 to practice law in North Dakota's federal courts. (San Francisco Chronicle -- Weird News)
Alleged fake lawyer worked terrorism-related case Sep 17, 2008
LOADING Sep 17, 2008 - 04:05:15 CDT By DAVE KOLPACK Associated Press Writer FARGO - A man accused of impersonating a lawyer in federal courts around the country testified earlier this year for one of three men convicted in a terrorism-related case, documents show ... Under questioning from Pogorzelski on June 5, Kieffer said he earned a degree from Antioch School of Law in 1979 and was licensed to practice in federal courts in California and North Dakota ... Court records show Kieffer has... (Bismarck Tribune, ND)
Philosophy that failed Sep 17, 2008
They give big-time to such Democrats as Barack Obama (who supported legislation moving class-action lawsuits from state to federal courts, a bill intended to reduce the size of jury awards in such lawsuits) and Chuck Schumer (who has opposed a fairer tax rate for hedge fund operators). The Democratic Party is their political home just as it is labor s.Harold Meyerson, Washington Post. (Atlanta Journal-Constitution)
Perks and Perils of a Paperless Office Sep 16, 2008
Thus, as a practical matter, all state and federal courts will admit duplicate records into evidence, provided that they accurately reproduce the original ... The second major uniform law, The , has been adopted by the federal courts and a majority of states and defines a duplicate as a counterpart produced by any technique "which accurately reproduces the original" and allows a duplicate to be admissible in evidence "to the same extent as an original." Although Pennsylvania has not adopted the... (Law.com)
FLASHBACK - Mansfield backed controversial obscenity, gun control legislation Sep 16, 2008
Mike Mansfield joined Republican Senate Floor Leader Everett Dirksen of Illinois in sponsoring legislation that would bar state and federal courts from overturning local obscenity ordinances. Communities should have the right to set local standards for decency according with the cultural and moral standards of the community, Mansfield said in announcing his support. (Missoulian, MT)
Probe finds illicit sex, gifts Sep 15, 2008
GoWyo wrote on Sep 12, 2008 10:58 AM:" The problem is that the entire government is too big and the whole thing has pockets of corruption to a greater or lesser extent. Sadly, I don't think anyone could ever clear it out. However, if the federal courts would heighten the standard of review of administrative agency legal decisions, it would be a big help. On the bright side, it could be worse. Look at most other countries. This is sad no matter which party you support. ". Pointless wrote on Sep... (Casper Star-Tribune)
Trial for man accused of impersonating a lawyer may change procedure of courts Sep 14, 2008
LOADING Sep 14, 2008 - 04:05:23 CDT By DAVE KOLPACK Associated Press Writer FARGO - The case of Howard O. Kieffer has forced federal courts to review their procedures for admitting lawyers to practice, one official says ... Mark Fredrickson, the attorney services coordinator for Colorado federal courts, said he could not comment specifically about the Kieffer case, but that it has forced districts to look more closely at rules for admitting lawyers. (Bismarck Tribune, ND)
Ignacio woman pleads guilty in stabbing death Sep 14, 2008
Federal courts are handling the case because it concerns a major crime on Indian land. The trial is expected to last three weeks. (Durango Herald)
Deputy's Three Taser Jolts to Handcuffed Motorist Not Excessive, SaysSplit 11th Circuit Sep 13, 2008
"The federal courts must not dictate through their interpretation of the Constitution how the police should allocate their limited resources. In most circumstances where an arrestee is resisting, a single officer can constitutionally effectuate an otherwise lawful arrest by resorting to the use of moderate, nonlethal force. No constitutional basis exists for requiring two or more officers to make routine arrests, even if deploying more officers might result in less force actually being used.".... (Law.com)
Potash Corp., Fertilizer Makers Sued for Price-Fixing Scheme by Gage Sep 13, 2008
Sept. 12 (Bloomberg) -- , the world's biggest producer of the potassium-based fertilizer, and other companies were sued in federal courts in Chicago and Minneapolis for conspiring to fix prices. The companies, operating in Canada, the U.S., Russia and Belarus, allocated market shares and sales volumes to keep potash prices artificially high, Gage's Fertilizer & Grain Inc. said in its complaint filed yesterday in Chicago. (Bloomberg -- Canada)
Obama not from Middle East Sep 12, 2008
" If you are familiar with the Brookings Institute, then you are familiar with the political agenda of FactCheck. Let's see what the Federal courts have to say about the Birth Certificate - probably will carry much more weight than FactCheck.org ". Gary R. Olsen wrote on Sep 11, 2008 8:30 AM:" PWB- thanks for the defense, But I have to point out that Jesus was Jewish and affiliated with Israel. (Not Muslim) The Middle East that I am referring to is Iraq, Iran, Afghanistan, Kuwait and so on and... (Logan Herald Journal, UT)
Landowners still fighting Sep 12, 2008
Much of this money has been spent on additional studies and litigation in local, state and federal courts some of which is still pending in order to allow development to occur. Though today there are still no pipes in the ground and no permanent structures in the subdivision, Smith said it's important to keep the lawsuits alive to ensure Pacific Shores property owners have a chance to either develop their parcels or get compensated for their purchases. (Daily Triplicate)
To Vote or Not to Vote Sep 12, 2008
The Supreme Court gets most of the publicity, but the lower federal courts make most of the rulings, on everything from abortion and marriage to immigration and gun rights. With political experts predicting a strengthened Democratic majority in the House and perhaps a filibuster-proof majority in the Senate, liberals understand that if their presidential candidate wins on November 4th, they will be able to ensure far-Left judges entrenched in the courts for a generation or more. (Human Events Online)
NFL PLAYERS files federal countersuit against CBS Sep 11, 2008
While the federal courts in Minneapolis have been a frequent venue for cases involving the NFL Players Association, NFL PLAYERS argues the case has no connection to Minnesota and should not be heard there. In a statement released Wednesday, NFL PLAYERS acting chairman Richard Berthelsen says it's wrong for companies to use the rights of NFL players to generate revenues without compensating the players. (ESPN -- Football News)
Federal Judges: Fla. High Court Got It Wrong in Historic Tobacco Case Sep 10, 2008
State and federal courts have been setting the ground rules to move ahead with the so-called Engle progeny since then. About 4,000 cases are in federal court after 600 were filed there and the industry shifted another 3,400 state filings to federal court. (Law.com)
Former Head of DOJ Criminal Division Returns to Latham & Watkins Sep 10, 2008
While with the Justice Department, Fisher led more than 750 attorneys and staff in 10 countries who were responsible for federal criminal enforcement policy as well as handling criminal matters in federal courts across the country. Fisher chaired the , which was established by the Justice Department in 2006 to prevent and combat fraud in government contracting. (Law.com)
After a short time-out, Sep 10, 2008
"In terms of enacting legislation to continue New Jersey's Clean Elections pilot program in 2009, the federal courts have imposed obstacles that are insurmountable given the time frame," he said in a written statement. "Instead of rushing to find stopgap solutions, Clean Elections simply needs a time-out.". (NJ.com -- Times)
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)
Baby I'm a star Sep 9, 2008
Ms Lenz successfully applied to have the video reinstated, kicking off a lengthy legal battle that is still playing out in the federal courts in California. Universal's lawyers probably hoped that they could quietly remove the video from circulation. (BBC News -- Business)
Taking a stand: GOP Delivers a Conservative Platform Sep 9, 2008
To safeguard that victory, a Republican House of Representatives passed legislation withdrawing jurisdiction over DOMA from the federal courts. We urge renewed use of that Article III power to prevent activist federal judges from imposing upon the rest of the nation the judicial activism in Massachusetts and California. (Human Events Online)
Courts' divorce makes for a long split Sep 5, 2008
This is not the fault of the judges, federal magistrates and registrars who work in the three federal courts ... We need to properly review the interaction between the federal courts to ensure resources are properly distributed between them, and their effective operation. (Sydney Morning Herald -- Opinion)
Resident Suing Sharon Board On Easement Sep 5, 2008
Because federal courts are so often backloggedw, the suit is not expected to be resolved quickly. However, Ms. Goldstein said, "I'm very confident of the result.". (Litchfield County Times, CT)
Disbarred attorney facing charges Sep 5, 2008
Kieffer is under investigation for posing as an attorney in other federal courts, but Peterson said he did not know of any charges in other states. The Denver Post has reported that Kieffer has represented at least 16 clients in 10 federal courts throughout the country. (Bismarck Tribune, ND)
Kozlowski sentenced to up to 25 years in prison Sep 5, 2008
As the first high-profile corporate fraud case tried in a state court, legal experts had been watching the sentence to see whether state judges would follow the lead of judges in federal courts, who have imposed severe sentences on corporate executives found guilty of white collar crimes. got 25 years for his role in the collapse of WorldCom. (Yahoo News -- Tyco)
GOP'seyes on prize: Supreme Court Sep 4, 2008
John McCain criticizes the Supreme Courts ruling that prisoners at Guantanamo Bay have a constitutional right to appeal their detention in civilian federal courts, calling it one of the worst decisions in the history of this country. . (MSNBC -- Politics)
Judge Massey decides to leave bench, form new law firm Sep 4, 2008
Prior to becoming a judge, Massey practiced law in both the state and federal courts for the past 11 years. Texas Monthly magazine named her a 2003 Super Lawyer. (San Antonio Business Journal, TX)
Who’s Off Limits? Sep 4, 2008
He has said voting for legislation allowing Terri Schiavo's family to take its case from state courts to federal courts in an effort to stop her euthanasia was his "biggest mistake" in the Senate. And he has said that while he tries to teach the right values to his daughters, he doesn t want them punished with a baby. (Human Events Online)
Judge's ruling frees man convicted in 1984 murder Sep 2, 2008
Burton had maintained his innocence from the start and filed numerous appeals in state and federal courts, only to lose at every turn. But the 8th U.S. Circuit Court of Appeals, while refusing on other grounds to grant Burton a new trial, said in 2002 it found the case troubling. (Atlanta Journal-Constitution -- World)
Wal-Mart Shareholders Benefit From Las Vegas Judge's Ruling on Worker Pay Sep 2, 2008
The statute requires federal courts to handle class-action lawsuits of $5 million or more when plaintiffs and defendants are from different states ... State and federal courts have ruled on 36 wage-and-hour class actions against Wal-Mart, according to company spokeswoman Daphne Moore. (Bloomberg -- US)
Law named for Laci Peterson and her unborn son yet to be tested Sep 1, 2008
Bloomington-Normal, Illinois. Sunday, August 31, 2008 7:08 PM CDT. (The Pantagraph newspaper)
Librarian lights way for Ark. inmates with books Sep 1, 2008
But in recent years, Alexander has approved the books and magazines that bring light inside a system once deemed by federal courts to be a "dark and evil world.". "They're trying to rehabilitate themselves," Alexander said. (Pine Bluff Commercial, AR)
Laci law impact remains unclear Aug 31, 2008
This page requires a javascript enabled browser. Sunday, August 31, 2008. (Modesto Bee, CA)
