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July 12, 2006
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| TODAY'S Legal News STORIES - July 12, 2006 |
From AJC Newsletters ajc.com
Rescuers search train for bodies
Blasts rip
India trains
Eight bombs explode in first-class compartments of packed Bombay commuter
trains, killing 147 people and wounding hundreds.
•Photos |
Fear in Atlanta
•Rumsfeld visits air
base in Iraq |
Hezbollah abducts 2 Israeli soldiers
 |
| Rescuers search train for bodies |
Ex-Coke worker to
fight charge
New details about the alleged plot to steal secrets from Coke
and sell them to Pepsi emerge, including how the three suspects
may have known each other and that two product
samples — not one — were taken.
Washington Post
Which president was elected with the highest popular and electoral votes?
A.
George Washington
B.
Ronald Reagan
C.
Bill Clinton
D.
Richard Nixon
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Stock Conflict Cited in 9th Circuit Judge's Trademark Rulings The Recorder After losing two trademark cases, an attorney for a software company is trying to get the rulings thrown out because one of the 9th Circuit judges hearing the case apparently had a financial conflict. Judge Harry Pregerson wrote opinions favoring Time Warner in two cases in which M2 Software fought the multimedia giant over the trademark to the name "M2." Mark Pettinari, representing M2 of Los Angeles, says Pregerson owned stock in Time Warner at the time he heard the cases and issued the rulings. |
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Are Companies Bound by Promises of Lifetime Benefits? The National Law Journal Over the past decade, the number of retirees offered health benefits by the nation's largest companies has plummeted, and some union retirees promised lifetime medical benefits have learned that "lifetime" only means "until revoked." Across the country, federal courts have been pulled into the wrangling over how promises of lifetime benefits can be broken, or whether the promises existed at all. The courts have provided divergent answers, signaling that the U.S. Supreme Court may have to step into the fray. Visit the Employment Law Practice Center • SUBSCRIPTION REQUIRED |
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Death Penalty Disquiet on High Court Echoes Earlier Time Legal Times In the wake of a recent batch of Supreme Court decisions on the death penalty, abolitionists are beginning to draw parallels with a period more than 30 years ago, when the Court's long-standing support for capital punishment dissolved, at least for a while. This term, four justices made it clear that their concerns, especially about the possible execution of the innocent, are deepening. Their mood guarantees turmoil ahead on the issue, with Justice Anthony Kennedy in his characteristic role as swing vote. Visit the U.S. Supreme Court Monitor |
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TODAY'S Legal News STORIES - July 11, 2006
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With Class Dismissed, Smoker's Widow Files Own Suit in Florida Daily Business Review The widow of a smoker filed the first individual suit Monday in Broward Circuit Court since the Florida Supreme Court eased the way for smoker lawsuits against tobacco companies. Lucrecia Pummer sued Philip Morris and R.J. Reynolds Tobacco for negligence and strict liability, claiming their actions led to her husband's death from lung cancer. The plaintiff also alleges the defendants, in addition to other tobacco makers, engaged in civil conspiracy by concealing the inherent dangers of smoking. |
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IBM Seeks Dismissal of Claims It Hacked Into Law Firm's E-Mail Legal Times A federal judge is deciding whether to throw out a suit filed by D.C.-based law and lobbying boutique Butera & Andrews alleging that IBM and an employee in its Durham, N.C., facility tried to hack into the firm's e-mail system. Private investigators identified more than 42,000 entry attempts, which, according to the complaint, could be traced to e-mail addresses from IBM's Durham office. The firm is suing IBM for attorney fees and over $60,000 that it paid for outside counsel and to beef up its security. |
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3rd Circuit: Jury-Selection Flaw Brings New Penalty Phase in Capital Case The Legal Intelligencer A potential juror in a death penalty case cannot be stricken solely because she expressed opposition to capital punishment, but instead must be asked "follow-up questions" about her "willingness and ability to follow the law," the 3rd Circuit has ruled. Overturning Andre Stevens' death sentence, the court found that striking juror Nancy Hartling violated a 1968 U.S. Supreme Court decision, which held that a juror may not be excused for cause simply for "voicing general objections to the death penalty." |
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Groundbreaking Trial Could Help Decide Katrina Insurance Claims The Associated Press A Mississippi federal judge on Monday began hearing a groundbreaking trial that could signal whether thousands of people whose homes were destroyed by Hurricane Katrina can receive payouts for losses their insurance companies claim were caused by flooding. The trial is the first among hundreds of lawsuits challenging insurers over the wind-versus-water issue. Plaintiffs attorneys hope a ruling in homeowners' favor would pressure companies to pay millions of dollars for homeowners whose claims were rejected. |
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N.Y. High Court Says Mistaken Avowal of Fatherhood Imposes an 'Equitable
Paternity' New York Law Journal He who acts like a father, is a father -- at least legally -- the New York Court of Appeals said in imposing "equitable paternity" on a man who wrongly assumed he had fathered a girl and acted accordingly. The man had argued that the order to pay child support on behalf of a child he did not father effectively saddled him with an involuntary adoption, in violation of the Constitution and contrary to public policy. But the court focused not on whether he got a raw deal but on the best interests of the child. |
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TODAY'S STORIES - July 10, 2006 |
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Am Law 200 Firms Still Have Way to Go on Pro Bono The American Lawyer Last year The American Lawyer challenged Am Law 200 attorneys to meet a minimum annual standard of 20 hours' pro bono work per lawyer. More of them did, albeit barely. Overall, The Am Law 200 had an 8.2 percent gain in the number of lawyers who hit that target. Still, only 37.3 percent of those firms' attorneys reached or exceeded that figure in 2005. As some firms prove, near-total pro bono participation at the 20-hour level is possible, which only underscores how much room for improvement remains. |
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Commentary: Should the 9th Circuit Be Split Even if Its Judges Disapprove? Special to Law.com Now that Arlen Specter, the Republican chairman of the Senate Judiciary Committee, has re-energized the perennial push for legislation to split the 9th U.S. Circuit Court of Appeals in two, attorney Howard J. Bashman examines the arguments for and against a circuit split, and explains why he's in favor of just such an occurrence. Says Bashman, "A split of the 9th Circuit is overdue, but whether it will in fact happen in the near future remains to be seen." Visit the Litigation Practice Center • SUBSCRIPTION REQUIRED |
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Miss. Judge Declines to Sanction O'Quinn, Laminack & Pirtle Texas Lawyer A federal judge's findings about suspect diagnoses in thousands of silicosis cases in multidistrict litigation in Texas did not convince a state judge in Mississippi to sanction a Houston firm representing some plaintiffs in those cases. A dozen defendants had filed motions seeking $165,000 in sanctions from O'Quinn, Laminack & Pirtle -- now called the O'Quinn Law Firm -- for allegedly pursuing frivolous claims on behalf of clients and submitting allegedly unreliable diagnoses to support those claims. |
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Concealed Sums Part of Charges Against Attorney Yagman The National Law Journal While recent tax evasion charges brought against civil rights attorney Stephen Yagman are based largely on expenditures related to his personal lifestyle, federal prosecutors have accused him of concealing money he received as a principal of his Venice, Calif.-based law firm, now called Yagman & Yagman & Reichmann. Yagman is best known for filing numerous lawsuits against the top officials of various law enforcement agencies, particularly in Los Angeles. |
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| * NEW & NOTEWORTHY Jury in Michael Jackson Lawsuit Hears Pop Star's Telephone Messages Steinbeck's Son Wins Rights to Dad's Work Brigitte Nielsen Takes the Fifth * Did She Have a Prenup? HMV Reports Sharp drop in Profits in Competitive Music and Book Trade Universal Music Overhauls CD Packaging in Bid to Boost European Market Sales * Tools For Entertainment Corporate Counsel U.S. Talk Show Host to Record Marine's Song About Killing Iraqis * Special Coverage: The War in Iraq Reality TV Assault Prompts Australian Internet Broadcast Rule Change * DIGITAL COPYRIGHT Court Rules Against CleanFlicks, Others EFF Prefers Battling in Courts, Not Congress * EFF Attorneys * ARRESTING DEVELOPMENTS That's What Friends in High Places Are For * Which Atlanta Lawyer Worked on the Case? Australia's Alleged 'Catch Me If You Can' Thief Appears in Court * Go 'Down Under' With FindLaw Australia! |
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| Entertainment July 11, 2006 JURY IN MICHAEL JACKSON LAWSUIT HEARS POP STAR'S TELEPHONE MESSAGES Associated Press Jurors in a civil lawsuit against Michael Jackson heard increasingly frantic phone messages that the singer left for a business associate, demanding action on projects including a collaboration with actor Marlon Brando and the release of a charity recording. http://news.lp.findlaw.com/ap/o/51/07-06-2006/ca4700253d21cce4.html STEINBECK'S SON WINS RIGHTS TO DAD'S WORK Associated Press Thomas Steinbeck grew up in a home wallpapered with bookcases and inhabited by a father who was one of the most prolific writers of the 20th century. http://news.lp.findlaw.com/ap/o/632/07-10-2006/261e001a32340983.html BRIGITTE NIELSEN TAKES THE FIFTH E! Online Brigitte Nielsen has gone from The Surreal Life to surreal wife. The serial bride and former Mrs. Sly Stallone has tied the knot for the fifth time, wedding Mattia Dessi in Malta Saturday. http://www.eonline.com/News/Items/0,1,19457,00.html |
Washington Post TODAY'S HIGHLIGHTS July 10, 2006
TODAY'S HIGHLIGHTS
Washingtonpost Scores Of Sunnis Killed in Baghdad
Scores Of Sunnis Killed in Baghdad
BAGHDAD, July 9 -- Shiite Muslim
militiamen rampaged through a Sunni Arab
neighborhood in Baghdad early Sunday morning, killing more than 50 people and
discarding bodies in the streets, according to Iraqi officials and witnesses.
Hours later,
attackers struck back, detonating two car bombs near a...
(By Joshua Partlow and Saad al-Izzi, The
Washington Post)
Well-Paid Benefit Most As Economy Flourishes
Trend Is Pronounced In Washington Area
(The Washington Post)
The
Golden Boot
Italy Leaves Its Shootout Failures in
Past To Defeat France in Championship Match
(The Washington Post)
More
Today's Highlights
POLITICS
Hoekstra Urges Bush to Impart Intelligence Details
The Bush administration briefed top
lawmakers on a significant intelligence program
only after a key Republican committee chairman angrily complained of being left
in the
dark, the chairman said yesterday.
(By Charles Babington, The Washington
Post)
$2
Million Payment to Former Lobbyist Raises Eyebrows
(The Washington Post)
In
YouTube Clips, a Political Edge
(The Washington Post)
Hatch
Helps Out Fellow Musician in a Jam
(The Washington Post)
Hoekstra Urges Bush to Impart Intelligence Details
(The Washington Post)
More
Politics
NATION
Bringing the Church to the Courtroom
SCOTTSDALE, Ariz. -- A 29-foot war
memorial shaped like a cross should be allowed to remain on public land. A
teacher should be able to emphasize references to God in the Declaration of
Independence. Protesters should be permitted to approach women near the doors of
an abortion clinic.
(By Peter Slevin, The Washington Post)
A
Little Town To Call His Own
After Buying Much Of Martindale, Tex.,
Owner Dreams Big
(The Washington Post)
Research Shifts at Space Station
(The Washington Post)
NATION IN BRIEF
(The Washington Post)
Four
More GIs Charged With Rape, Murder
Fifth Soldier in Iraq Accused of
Dereliction of Duty for Failing to Report Incident
(The Washington Post)
More
Nation
WORLD
Mexican Runner-Up Files Legal Challenge
MEXICO CITY, July 9 -- Legal advisers to
the presidential election runner-up, Andrés Manuel López Obrador, gathered
Sunday evening at a polling place guarded by soldiers toting machine guns and
filed a formal challenge to Mexico's vote results.
(By Manuel Roig-Franzia, The Washington
Post)
In
Tibet, Dalai Lama Continues to Hold Sway
China Wary of Exiled Spiritual Leader's
Politics
(The Washington Post)
Scores Of Sunnis Killed in Baghdad
Neighborhood Residents Describe Signs of
Torture
(The Washington Post)
Pope
Takes His Family Message to Spain
Benedict Stresses Traditional Values at
Mass After Meeting With Socialist Leaders
(The Washington Post)
In
Rome and Beyond, Merriment Maximus
After Watching a Dramatic Win, Fans Fill
Italy's Streets With Joy
(The Washington Post)
More
World
DC METRO
A
Light in the Shadows of Homelessness
Sue Leo treads carefully through the
homeless man's campsite, which sits in a growth of slender cedar trees along the
Dulles Toll Road, the Washington area's richest high-technology corridor. She
tries to listen as a guest, not a bureaucrat.
(By Bill Turque, The Washington Post)
Man
Slain In Attack on Couple in Georgetown
(The Washington Post)
Where
Pride Needs No Translation
Italian Americans and their French
counterparts gathered for the World Cup championship.
(The Washington Post)
An
Agonizingly Slow Rebound
Hit-and-Run Accident a Lasting Reminder
Of Post-Basketball Game Chaos at U-Md.
(The Washington Post)
Young
and Old Soak Up The Gospel of Graham
Passion Still Strong at Baltimore
Gathering
(The Washington Post)
More
Metro
BUSINESS
2005
Compensation For Top-Earning Executives Grew With Stock Option Awards
It was another banner year for the
Washington area's highest-paid executives.
(By David S. Hilzenrath and Derek Willis,
The Washington Post)
Well-Paid Benefit Most As Economy Flourishes
Trend Is Pronounced In Washington Area
(The Washington Post)
$2
Million Payment to Former Lobbyist Raises Eyebrows
(The Washington Post)
A
Little Town To Call His Own
After Buying Much Of Martindale, Tex.,
Owner Dreams Big
(The Washington Post)
How
the Compensation Rankings Are Compiled
(The Washington Post)
More
Business
TECHNOLOGY
In
YouTube Clips, a Political Edge
It starts off like a typical negative ad,
with swelling music and pictures of John McCain: "Flip-Flopper? Yes. Waffler?
Yes."
(By Howard Kurtz, The Washington Post)
Research Shifts at Space Station
(The Washington Post)
2005
Compensation For Top-Earning Executives Grew With Stock Option Awards
2005 Compensation For Top-Earning
Executives Grew With Stock Option Awards
(The Washington Post)
Well-Paid Benefit Most As Economy Flourishes
Trend Is Pronounced In Washington Area
(The Washington Post)
More
Technology
SPORTS
Mauresmo Wins 2nd Grand Slam Title
WIMBLEDON, England -- Amelie Mauresmo
sank into her chair after losing the first set of the Wimbledon final and buried
her face in a towel. Then Mauresmo straightened up and gave herself a little
talking-to, deciding that this was the moment to cast off the burden of being
known as a player who...
Sky
Is No Limit for Mystics' Sanford
Forward Scores 25 To Topple Chicago:
Mystics 89, Sky 83
(The Washington Post)
Bullpen Melts Down, Nats Limp Into Break
Padres 10, Nationals 9
(The Washington Post)
'No
Tools' Millar Hits Milestone
(The Washington Post)
Gordon Spins Out Kenseth, Takes Win
(The Washington Post)
More
Sports
STYLE
A
Murky Picture, Developed And Enlarged
"If you want, I can start the slide show
now," Fred Reuss says.
(By Bob Thompson, The Washington Post)
The
Guys Have It
Under American Menswear's Newly Acquired
Stubble, a Flash of Ankle and Hints of Chic
(The Washington Post)
'Pirates,' Full to The Gunwales In Doubloons
(The Washington Post)
In
YouTube Clips, a Political Edge
(The Washington Post)
Hatch
Helps Out Fellow Musician in a Jam
(The Washington Post)
More
Style
LIVE DISCUSSIONS
Science: The Space Station
The Post's health and science writer,
Marc Kaufman, will be online to discuss the space station and answer other
science-related questions you may have.
Talk
About Travel
Trip Tips and Deals
(washingtonpost.com)
Personal Tech
(washingtonpost.com)
K
Street Confidential
(washingtonpost.com)
Outlook: Doctors Complicit in Torture
(washingtonpost.com)
More
Live Discussions
EDITORIALS
Yes
on Bilingual Ballots
THE HOUSE of Representatives' smooth
passage to renewal of the Voting Rights Act hit a bump last month when a group
of conservative Republicans rebelled over, among other things, provisions to
require bilingual ballots in many jurisdictions. The rebels were wrong. When the
House takes up the...
(The Washington Post)
Cultivating Waste
Massive federal farming entitlements hurt
at home.
(The Washington Post)
SOS
to Tim Kaine
The Supreme Court made the right ruling.
But it didn't do justice in the case of Mario Bustillo.
(The Washington Post)
More
Editorials
EDUCATION
An
Agonizingly Slow Rebound
Josefina Peña stopped at the front steps
of her home, leaning on her crutches. She looked up the steep cast-iron stairs.
Then she looked down at the sidewalk, a slip of her long dark hair falling
forward.
(By Susan Kinzie, The Washington Post)
More
Education
SCIENCE
SCIENCE
Antibiotics can sometimes give
disease-causing bacteria the ability to kill neighboring bacteria and steal
their DNA -- a previously unrecognized tactic that can help the microbes resist
those drugs.
(The Washington Post)
Space
Shuttle Declared Safe For Return
(The Washington Post)
Research Shifts at Space Station
(The Washington Post)
Science: The Space Station
(washingtonpost.com)
More
Science
FEDERAL DIARY
Judge
Tells NOAA to Stop Jet Flights Into Hurricanes
A federal administrative law judge has
stopped the National Oceanic and Atmospheric Administration from flying its
high-altitude jet into hurricanes until the agency negotiates with a union
representing meteorologists, engineers and technicians.
(By Stephen Barr, The Washington Post)
More
Federal Diary
TODAY'S Legal News STORIES - July 7, 2006
Supreme Court
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N.Y. High Court Ends Same-Sex Marriage Fight New York Law Journal Marking the end of the judicial battle in New York over gay marriage, the Court of Appeals has ruled that same-sex couples have no right to marry under the state Constitution. Because the appellants raised no federal issues, they cannot appeal to the U.S. Supreme Court. Chief Judge Judith S. Kaye wrote an impassioned, 27-page dissent that repeatedly compared the case to the U.S. Supreme Court decision that ruled laws against inter-racial marriage unconstitutional. |
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State finds thousands of Social Security numbers were stolen
Summit Daily News - Frisco,CO,USA
DENVER - Thousands of people have had their Social Security
numbers
stolen then used by others to get jobs in Colorado, leaving some struggling
to prove they ...
See all stories on this topic
Macomb County program fights Social Security fraud
DetNews.com - Detroit,MI,USA
MOUNT CLEMENS -- The Macomb County Clerk and the Mount
Clemens Social Security Office have developed a new program
that will allow the federal agency to verify ...
See all stories on this topic
|
Reversal of $145 Billion Punitives Verdict for Fla. Smokers Upheld Daily Business Review In a big victory for the tobacco industry, the Florida Supreme Court on Thursday unanimously upheld the reversal of a $145 billion punitive damages verdict awarded to 700,000 ailing Florida smokers. The court also upheld the state's 3rd District Court of Appeal's decertification of the class. But anti-tobacco lawyers say the ruling creates favorable conditions for individual members of the class to go forward with suits against cigarette makers. |
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SOX Whistleblowing Rule Triggers a Continental Divide Corporate Compliance & Regulatory Newsletter While recent corporate fraud may prompt Americans to appreciate SOX's anonymous whistleblower law as a necessary shield for employees who report wrongdoing, the historical use of anonymous informants by repressive regimes causes many Europeans to view the same law with suspicion. As SOX's whistleblower protection collides with the EU's data protection laws, both sides refuse to give up ground. What's a well-intentioned multinational caught in the middle to do? Visit In-House Counsel |
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| Thursday, July 06, 2006 | ||||
| Washington Post | ||||
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TODAY'S HIGHLIGHTS A Driven President Faces a World of Crises From deteriorating security in Afghanistan and Somalia to mayhem in the Middle East, confrontation with Iran and eroding relations with Russia, the White House suddenly sees crisis in every direction. (By Michael Abramowitz and Robin Wright, The Washington Post) Enron's Lay Dies Of Heart Attack Convicted Founder Faced Life in Prison (The Washington Post) Consultant Breached FBI's Computers Frustrated by Bureaucracy, Hacker Says Agents Approved and Aided Break-Ins (The Washington Post) More Today's Highlights POLITICS Candidacy Fosters A Debate On Race David Yassky has a solid résumé, lots of campaign cash and plenty of ideas for improving the slice of Brooklyn he wants to represent in Congress. In another Democratic stronghold, he might be the runaway favorite. (By Shailagh Murray, The Washington Post) Splits Over Immigration Reform On Display From Coast to Coast (The Washington Post) Lobbying Firm Underreported Income Some Clients Paid With Public or Tax-Exempt Funds in Bids for 'Earmarks' (The Washington Post) Congress Approves Coin to Honor Braille (The Washington Post) Analysis: A Driven President Faces a World of Crises (The Washington Post) More Politics NATION
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