It all came down to the Revlon rule Jun 2, 2008
Ever since the Delaware Chancery Court issued a ruling in 1986 on the frantic bidding war for Revlon Inc., the legal duty of U.S. directors facing takeover bids has been as clear as the cosmetic company's lip gloss ... In Canada, the Quebec Court of Appeal has reminded us, Revlon is a lipstick maker, not a legal duty. (Globe and Mail)
Sex Abuse Complaint Against Reardon 40 Years Old May 21, 2008
"If he had information that Dr. Reardon was using his office and position at the hospital to abuse children, he had the moral and legal duty to disclose that information to the hospital to prevent further harm.". In 1970, when the mother lodged her complaint, the mechanism for dealing with allegations against physicians was markedly different from what it is today. (FOX61, CT)
Document Accusing Ethics Chief Was A Fraud May 18, 2008
In their affidavits, the lawyers said they thought Plofsky had a legal duty to correct Adler's misstatement to the commission. Weeks later, the issue was still simmering quietly in the ethics office when the "parking lot attendant" letter was received by Giuliano and other commission members. (FOX61, CT)
Muslim Group Supports Minnesota Student's Right to Service Dog May 14, 2008
Abdinoor Ahmed Dolal, owner of Twin Cities Airport Taxi, said "Islam forbids us to turn away a blind passenger, whether they have a guide dog or not. Their rights come first." CAIR-MN says it will continue to work with the Muslim community in Minnesota to educate them about their Islamic and legal duty to accommodate those using service or guide dogs. CAIR, America's largest Islamic civil liberties group, has 35 offices and chapters nationwide and in Canada. (PR Newswire)
Gold Strike homeowners sue May 8, 2008
Despite that clear legal duty, the county of Calaveras entirely failed in that statutory charge and otherwise egregiously betrayed the residents and property owners. the lawsuit states. (San Andreas Calaveras Enterprise, CA)
Minister seeks more help for dyslexic pupils May 7, 2008
Only 5% of local authorities are fulfilling a legal duty to provide clear and transparent information to parents on services, the report finds. Balls said: "The fact is that in too many parts of the country parents and children are still not getting the help they need, and certainly not quickly enough.". (Guardian Unlimited)
New prosecutors sought for murder retrial Apr 22, 2008
"The state also had an ethical legal duty to reveal their intention to reduce Mr. Culbertson's charge to manslaughter," Fernald wrote. Prosecutors have said throughout deliberations that they did not know they would charge Culbertson with manslaughter until hearing his testimony during Leggett's trial. (Brookhaven Daily Leader, MS)
Monument erected to Grover hero Apr 18, 2008
He had no obligation, no legal duty to take action, Cortez said. What he did came from within as a result of who he was, his fortitude. (Santa Maria Times)
N&O sues Easley over records law Apr 15, 2008
The lawsuit accuses Easley and his administration of failing in their legal duty to install adequate electronic storage systems to preserve public-record e-mails. And the lawsuit accuses Easley himself of violating the law last month by discarding a hand-written note from Carmen Hooker Odom, former state secretary of health and human services, concerning her views on the failure of state mental-health reforms her department implemented. (News & Observer)
The Torture Memo Scandal Apr 14, 2008
If so, we are dealing with a perversion of law and legal duty, a betrayal of the client and professional norms, not mere incompetence, which would be bad enough. Whatever the reason, Jarrett should find that this work is not "consistent with the professional standards that apply to Department of Justice attorneys." Jarrett must hold the lawyers accountable if he means to restore OLC's reputation and vindicate the rule of law. (CBS News)
N.J. High Court: Sport Arena Not Liable for Spectator's Pre-Game Injury Apr 14, 2008
A hockey arena that complies with its limited legal duty to protect spectators is not liable to one who is hit by a puck outside a shielded seating area -- even if the injury occurs during warm-ups, the New Jersey Supreme Court says. The court, in , A-28-07, ruled 4-3 on Thursday that if a sports venue provides protective screening in the most dangerous spectator areas and provides additional protected seating for those who request it, its limited duty of care has been discharged. (Law.com)
Transcript of Nathan J. Hochman, Tax Division's Assistant Attorney General Announcing Creation of the National Tax Defier Initiative Apr 10, 2008
It's an intentional violation of a known legal duty. And you have to prove it beyond a reasonable doubt, and you have to convince 12 jurors unanimously that the person is guilty using the highest standard in the federal system. (PR Newswire)
'Right to die'Where European nations stand on euthanasia Apr 5, 2008
While no longer illegal, it cannot involve a doctor because that would violate the code of professional medical conduct and might contravene a doctor's legal duty to save life. Many of the clients who travel to Switzerland to seek help in suicide are Germans and, at one point, Dignitas suggested it might set up a German office in Hanover. (BBC News -- Health)
Agencies warn of growing tensions Apr 4, 2008
Noel Kututwa, Chairperson of Zimbabwe Election Support Network (ZESN) said in a general statement: 'While it is the responsibility of ZEC to announce the official results of the election, it is the legal duty of election observers to provide the people of Zimbabwe with independent non-partisan information on all aspects of the electoral process. Specifically our partner agencies in Zimbabwe state that Zimbabweans feel betrayed by the failure of ZEC to declare the results of the presidential... (AlertNet)
Delays in election results puts country on edge Apr 2, 2008
"While it is the responsibility of ZEC to announce the official results of the election, it is the legal duty of election observers to provide the people of Zimbabwe with independent nonpartisan information on all aspects of the electoral process," Kututwa said. The slow release of parliamentary results, the absolute silence surrounding the outcome of the presidential ballot and the increasing presence of police and army personel on the streets of the capital Harare, has led to mounting fears of... (AlertNet)
Family pursues MySpace lawsuit Apr 2, 2008
A federal judge in Austin, Texas, dismissed the $30-million suit in February 2007, rejecting the family's claim that MySpace has a legal duty to protect its young users from sexual predators. U.S. District Judge Sam Sparks also ruled that interactive computer services like MySpace are immune from such lawsuits under the Communications Decency Act of 1996. (Globe and Mail -- Technology)
Family seeks to revive MySpace-assault lawsuit Apr 1, 2008
A federal judge dismissed the $30 million suit in February 2007, rejecting the family's claim that MySpace has a legal duty to protect its young users from sexual predators. U.S. District Judge Sam Sparks in Austin, Texas, also ruled that interactive computer services like MySpace are immune from such lawsuits under the Communications Decency Act of 1996. (MSNBC -- Crime)
Record care numbers 'fuel homelessness' Mar 26, 2008
Record care numbers 'fuel homelessness' - Scotsman. We need to ask ourselves why our most vulnerable young people are expected to be fully independent at such a young age, often in very difficult circumstances, as the report highlights. (Scotsman)
Teachers Oppose 'Army Propaganda' At Schools Mar 25, 2008
But the NUT leadership says some lesson materials, prepared with MoD backing, undermine schools' legal duty to present controversial issues to children in a balanced way. Should Balls ban school visits. (Sky News)
Drug Companies on the Hook for Off-Label Use of Generic Mar 22, 2008
In an apparent case of first impression, a Philadelphia judge has ruled that two pharmaceutical companies may have a legal duty to class members for money spent on the generic version of the companies' name-brand drug allegedly marketed by the companies for uses not approved by federal regulators ... Bernstein said a federal Eastern District judge's decision in Colacicco v. Apotex, Inc. -- put forth by the defense in support of its position that a name-brand drug maker doesn't have a legal duty... (Law.com)
Fontaine optimistic mining dispute will be resolved Mar 22, 2008
Mr. Fontaine said Platinex ignored the land rights of the aboriginal community, while the province ignored their legal duty to consult and accommodate them before issuing the permit. Still, Mr. Fontaine says he was encouraged by a recent talk with Aboriginal Affairs Minister Michael Bryant in which they discussed resource revenue sharing and developing a framework for consultation. (Globe and Mail)
Ulrika Warns Mums-To-Be 'At Risk' In Hospitals Mar 20, 2008
"Johnson, who had all her children delivered in NHS hospitals, said her personal experience had been "variable" but that her care during her current pregnancy had been very good.But she said many women had told her they rarely met the same midwife twice and the relationship between mother and carer was not developed. Are mums being put at risk? "Too many hospitals are failing to provide one-to-one care from a named midwife and mothers are being left terrified and alone during labour," she... (Sky News)
Off-duty SDPD officer identified in alleged road rage shooting (4478) Mar 19, 2008
If anything, a sworn police officer, who is under a legal duty to protect the public, should be held to a higher standard. Let the officer give his explanation in court just like any ordinary citizen would be required to do. (North County Times)
Illinois AG to appeal overturning of abortion notification law Mar 18, 2008
Not only did Ms. Madigan fulfill her legal duty, society Executive Director and Legal Counsel Denise Mackura said in an interview, but, As a mother herself, (Ms. Madigan) can really understand the need for parental notice. (Crain's Chicago Business)
13 comments Mar 16, 2008
While Clinton apologists still claim this was just about sex, Jones case, and the entire Monica Lewinsky matter, revolved around whether the president could evade every American s legal duty to testify truthfully under oath. Clinton skirted this rule, too. (Human Events Online)
LIVING WITH THE ENEMY Mar 9, 2008
"Translation: If you thought we were committed to permanent war with Israel before, you ain't seen nothing yet. Indeed, Hamas seems to have gotten more than mere inspiration from Hezbollah. Hamas is now firing more sophisticated rockets, allegedly imported from Hezbollah's patron in Tehran.The irony is that the "Jewish entity," as Hamas sometimes calls it, is obligated, according to human-rights groups, to provide food, water and electricity to Hamas' subjects, even as those subjects openly... (New York Post -- Opinions)
Jury cant reach a decision in border agent's murder case; judge declares mistrial Mar 9, 2008
small problem wrote on Mar 8, 2008 1:08 PM:" If only Corbett had given the county sheriff a statement in the beginning. Yeah you can cry Fifth Amendment, but aren't Corbett and the sheriff fellow law enforcers? They cooperate, right? Corbett's evasiveness and changing stories and the troubling forensic evidence posed a moral challenge, and Ed Rheinheimer did not flinch from his moral and legal duty. If you or I were gunned down, executed summarily, in some backwash of Mexico, even over a serious... (Sierra Vista Herald, AZ)
Homeschoolers' setback in appeals court ruling Mar 7, 2008
"Parents have a legal duty to see to their children's schooling under the provisions of these laws.". Parents can be criminally prosecuted for failing to comply, Croskey said. (San Francisco Chronicle)
Wendy Alexander In Clear Over Campaign Donations Mar 7, 2008
The donation was the subject of a lengthy inquiry by the Electoral Commission, who concluded she had failed in her legal duty to "take all reasonable steps" to check the donation was above board. But they said it was not in the public interest to prosecute. (Glasgow Daily Record)
Gaza Situation Called Worst Since 1967 War Mar 7, 2008
"Israel has the right and obligation to protect its citizens, but as the occupying power in Gaza it also has a legal duty to ensure that Gazans have access to food, clean water, electricity and medical care," said Amn 00000E1C esty International UK Director Kate Allen, one of groups behind the report ... Israel has the right and obligation to protect its citizens, but as the occupying power in Gaza it also has a legal duty to ensure that Gazans have access to food, clean water, electricity and... (CBS News -- World)
Gaza conditions 'worst since '67' Mar 6, 2008
"Israel has the right and obligation to protect its citizens, but as the occupying power in Gaza it also has a legal duty to ensure that Gazans have access to food, clean water, electricity and medical care," said Amnesty International UK Director Kate Allen, one of groups behind the report. "Punishing the entire Gazan population by denying them these basic human rights is utterly indefensible. The current situation is man-made and must be reversed.". (India Times, India)
It's No Secret Mar 6, 2008
He said that given your circumstances, you do not have a legal duty to blow the whistle. But he said that if you go ahead, you should do so with the knowledge that even though you are leaving the firm, you could find yourself subject to retaliation or bad-mouthing within your industry. (Slate)
Aguirre launches re-election bid Mar 6, 2008
Aguirre formally launches re-election campaign. By Alex Roth and Jennifer Vigil UNION-TRIBUNE STAFF WRITERS. (San Diego Union-Tribune)
The hollow inquiry Mar 3, 2008
Canada has a moral and legal duty to ensure it is not blithely delivering people to torturers. It has a duty to know what happens to the people it turns over, or at least to make a solid effort to know. (Globe and Mail)
Fresno native, former top attorney wins award Mar 3, 2008
"That request was clear enough to impose a legal duty on the landlord to respond."Now 55, McDowell joined the Legal Aid Society in early 2004 after about seven years with the Solicitor General's Office. The Solicitor General's Office represents the administration, and it has an outsize influence with the Supreme Court. (Fresno Bee -- Local)
Czechs defiant on US visa accord Feb 29, 2008
The commission denied it had backed down, insisting it had a legal duty to act if the Czechs had broken EU law. I'm not a slave of the European Commission. (BBC News -- Europe)
Councils 'not ready' for strays Feb 25, 2008
At night and at weekends, the police have a long-standing legal duty to accept strays brought to them by members of the public. We're really concerned that this removal of the police from the equation completely is going to end up with a lot of stray dogs running around. (BBC News -- UK)
NY court spurns bid for damages by Viet victims of Agent Orange Feb 23, 2008
The United States, though, has never agreed it has a legal duty to provide funds or assistance to remediate harms allegedly caused by Agent Orange. In a separate opinion, the appellate court also said companies are protected from lawsuits brought by U.S. military veterans or their relatives because the law protects government contractors in certain circumstances who provide defective products. (San Diego Union-Tribune -- Business)
Chiropractor guilty in tax evasion scheme Feb 23, 2008
The evidence at trial showed that Weisberg was advised of his legal duty to file returns by the IRS and his Buffalo-area accountants and attorneys and that he used ARL as a means to obstruct the IRS. Evidence further showed that he failed to pay $144,000 in federal income and self-employment taxes he owed between 1995 and 2003. The investigation was conducted by IRS Criminal Investigation Special Agents in Buffalo, and prosecuted by Department of Justice trial attorneys based in Washington. (Buffalo Business First, NY)
Presidential Aspirant calls for limited SHARIA LAWS in Ghana Feb 18, 2008
"The United States has a Moral and Legal duty to strike hard at targets that terrorize Ghanaian-Americans", warned the former Ghanaian-American Los Angeles Mayoral Candidate and interim President of Coalition of Naturalized American Citizens and Legal Residents, who is volunteering for Barack Obama for America. " I have sufficient evidence to conclude that in 2004, elements from Ghana government inquired from the United States Embassy in Accra, whether I caused havoc in America, as a Junior... (Ghana Web, Ghana)
Bilked Investor Balks at Paul Hastings' Deal Feb 16, 2008
They couldn't make out a claim for negligence, reasoned Pannell, because the promotional materials reviewed by Paul Hastings didn't identify the firm and were distributed to a large group of prospective investors -- meaning the firm didn't have a legal duty to the investors. The judge concluded that another claim made by the investors -- aiding and abetting fraud -- didn't exist in Georgia. (Law.com)
Bush move on Darfur law criticized Feb 9, 2008
He said he has spoken with some fund managers who professed to be willing to divest from companies with ties to Sudan, but said they had a legal duty to prioritize profits. Frank said that the act was supposed to take away that excuse, but that such managers can now point to Bush's signing statement and say they still cannot divest. (Boston Globe)
Wendy Rivals Rap Cash 'Whitewash' Feb 8, 2008
" The verdict came after a three-month investigation. Alexander accepted a 950 donation for her leadership campaign last year from Jersey-based Paul Green. The tycoon is not allowed to make political donations as he isn't a UK voter. The gift was secured by Labour MSP Charlie Gordon. He quit as transport spokesman after admitting he had wrongly claimed the cash had been channelled through a Glasgow firm - which would have been within the rules. When he resigned last December, Labour admitted... (Glasgow Daily Record)
That sound? Labour's hard nuts are alive and whistling Feb 8, 2008
A leader in the Daily Mail nailed the idea as a "hollow gimmick", wondering where it would leave "councils' legal duty to house homeless families". In the Sun, the dependably level-headed David Blunkett offered Flint "three cheers"; but five pages later, the paper's news coverage suggested that Flint had perhaps gone a bit too far. (Guardian Unlimited)
New trial bid over death fall man Feb 6, 2008
"As you will appreciate, I am under a legal duty to hold an inquest in this country. When all the necessary and relevant evidence is to hand, the usual notification as to a hearing will be sent out.". Mrs Hogan's family is hoping the coroner will call British witnesses who were on holiday at the Petra Mare hotel in Ierepetra. (BBC News -- UK)
Safety responsibilities Feb 6, 2008
The family sued the construction manager, but the Court of Common Pleas of Allegheny County dismissed the case, ruling that the construction manager owed no legal duty to the worker, who was the employee of a subcontractor. The Pennsylvania Supreme Court then overruled the lower court, saying that the general contractor was responsible for safety and that a trial must be held to determine if the construction manager had in any way been negligent. (Pittsburgh Post-Gazette, PA)
Meet the investor making money from repossessions Feb 1, 2008
In theory, banks, surveyors and estate agents have a legal duty to sell a repossession at the best possible price: they risk being sued if they do not fulfil their obligations. Ed Mead, of Douglas & Gordon in West London, sold a repossessed one-bedroom flat in Chelsea for 250,000, 75,000 more than the asking price, though there were only eight years left on the lease. (Times Online)
New plans put one in 10 secondary schools at risk Jan 31, 2008
Knight said: "We require councils to assess the full impact of closure on rural communities and allow every single parent to have their voice heard - and I am writing to local authorities to underline their legal duty to protect popular rural schools.". The shadow children's secretary, Michael Gove, said: "We know small schools provide an excellent education, so we should be doing everything possible to support them.". (Guardian Unlimited)
Don't close rural schools, says minister Jan 30, 2008
"We require councils to assess the full impact of closure on rural communities and allow every single parent to have their voice heard - and I am writing to local authorities to underline their legal duty to protect popular rural schools."This is not about funding. This is caused by falling birth rates coupled with families moving from rural to urban areas, which leaves some communities with falling numbers of pupils," Knight added.He said local authorities should think creatively about their... (Guardian Unlimited -- UK)
Nokia to Acquire Trolltech to Accelerate Software Strategy Jan 28, 2008
If the conditions to the offer are satisfied or waived, Nokia will have a legal duty to make a mandatory cash offer for or compulsory acquisition of the remaining shares. About Nokia Nokia is the world leader in mobility, driving the transformation and growth of the converging Internet and communications industries. (PR Newswire)
California focus Jan 25, 2008
Seiler claims the recount requirement would be too expensive for her office to conduct and might prevent her from performing her legal duty of completing an election canvass within 28 days of the Feb. 5 election. That's just the latest salvo from registrars, who have long insisted the machines they bought for hundreds of millions of dollars are just fine, even though some were not even certified by the state before they were bought. (Sonoma Index-Tribune, CA)
Labour faces third police inquiry as Hain resigns Jan 25, 2008
Hain, 57, who was also secretary of state for Wales, had a legal duty under the act to inform the commission of his donations. He said he was leaving the government to dedicate himself full time to clearing his name. (Guardian Unlimited)
Text of McMahan Indictment Jan 24, 2008
As such he had a legal duty to follow, and to ensure that other employees of the office followed, all applicable laws and regulations of the State of Oklahoma and the Federal Government. 2. (County-Wide News, Inc., OK)
Andrew Rawnsley Jan 20, 2008
Someone with a legal duty to report donations cannot just plead that he was too busy and his team too disorganised to make sure he stuck to the rules. There was some surprise - and, for Mr Hain, relief - that David Cameron did not go for him at Prime Minister's Questions. (Guardian Unlimited)
Commerce Founder's Wife Sued For Payments Jan 20, 2008
The suit seeks a "declaration that Commerce had no legal duty to indemnify Shirley Hill and InterArch with regard to a verdict against them due to their judicially determined bad faith and malicious acts in matters related to an underlying controversy," the Cherry Hill, New Jersey-based company said in the filing. Commerce seeks repayment of about 1. (New York Post -- Business)
Prosecutors decide not to go for fourth trial Jan 19, 2008
"We have a legal duty to protect child victims who participate in the court process.". Jesperson hugged his wife as he left the courtroom. (North County Times)
Teacher Will Not Face Fourth Trial On Charges He Molested Students Jan 19, 2008
We have a legal duty to protect child victims who participate in the court process. With the support of the victims parents, we are continuing to put the children first by avoiding a fourth trial, Dumanis said. (TheSanDiegoChannel.com, CA)
Lord Condon accused on Diana death Jan 17, 2008
Mr Mansfield put it to Lord Condon that he had a legal duty as early as 1997 to pass on anything "germane" to the case to the relevant coroner. Lord Condon said that had not been how he viewed it at the time. (Guardian Unlimited -- UK)
School choice 'boosting baptisms' Jan 12, 2008
Schools are under a legal duty to promote community cohesion, understanding and tolerance. " Bookmark with: SEE ALSO 10 Sep 07 | Education 11 Sep 07 | Wear 03 Oct 06 | Education 26 Oct 06 | Education RELATED BBC LINKS RELATED INTERNET LINKS The BBC is not responsible for the content of external internet sites MOST E-MAILED UN warns Kenya aid need may grow Ngugi laments Kenya violence Warning on stealthy Windows virus Bush visits US troops in Kuwait Weather 'hit highs' during 2007 MOST READ Huge... (BBC News -- UK)
4 wounded in shooting Jan 4, 2008
blkpag1 wrote on Jan 3, 2008 2:17 PM:" Once again you must remember that the police have no legal duty to protect citizens. ". wow wrote on Jan 3, 2008 2:10 PM:" Loitering is a crime so why let the crowds get that big in the first place? Anyone not conducting legitimate business at any location in the city should be directed to move on. Maybe they can go chill at their own homes? People wanting 2hang out, should do so at a club or after hours joint. But since there are none of those around here,... (Jefferson City News Tribune, MO)
Letter criticizes 'deceptive rhetoric' around candidate Jan 3, 2008
" Second, according to the letter, "Romney told Catholic Charities' adoption and foster agency they had to give children to homosexuals even when normal mother-father families were lined up to give them a home," the letter said. (Story continues below) Third, "Though Romney pretends he opposed homosexual 'marriage,' he did the opposite," the letter said. "Since the notorious Goodridge court opinion discovering a constitutional right to 'gay marriage,' Romney has methodically lied about the... (WorldNetDaily)
Pa. court upholds approval of Verizon-MCI merger Dec 29, 2007
In February, the Commonwealth Court agreed, saying the utility commission fell short of its legal duty. Popowsky said the Supreme Court s decision was the end of his case. (Somerset Daily American, PA)
A Tenant's Emotional Damages may be Actual Damages Dec 29, 2007
In California, as in most, if not all, states, landlords have a legal duty to maintain units in a condition of habitability. Appliances and utility delivery systems are supposed to work; doors and windows should open and shut properly; buildings should be free of rodents and vermin; and on and on. (RealtyTimes)
Blears wants petitions to trigger response Dec 27, 2007
Individuals can petition councils at present, but the proposals from Ms Blears in a new consultation paper and initially set out in a local government white paper will place a legal duty on all councils to respond, so long as a relatively low threshold is met of 250 voters or 1% of the council electorate demanding action. The petition can cover any issue for which local councils have responsibility. (Guardian Unlimited)
Group asks for expanded inquiry on the U.S. power markets Dec 18, 2007
The petition quotes him as saying that the "legal duty of the commission to prevent unjust and unreasonable rates" is "absolute.". The petition, citing "detailed empirical analysis," says that some companies that own both utilities and generating stations that sell power into the wholesale markets are earning returns far beyond those of other industries with similar risks. (International Herald Tribune -- Business)
