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New legal issue: Payment for child porn victims

It's been more than a decade since "Amy," as she's known in court papers, was first sexually abused by her uncle. The abuse ended long ago and he's in prison, but the pictures he made when she was 8 or 9 are among the most widely circulated child pornography images online.

Now the 20-year-old woman is taking aim at anyone who would view those images and asking for restitution in hundreds of criminal cases around the country.

Her requests and those filed by other victims of child pornography are forcing federal judges nationwide to grapple with tough legal questions: Is someone who possesses an abusive image responsible for the harm suffered by a particular child? And how much should that person have to pay?

"It is hard to describe what it feels like to know that at any moment, anywhere, someone is looking at pictures of me as a little girl being abused by my uncle and is getting some kind of sick enjoyment from it. It's like I am being abused over and over again," Amy wrote in court papers.


Posted: February 8th, 2010 under Law Center
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Dear John At Top, Charlie Sheen in Court

Charlie and Brooke Sheen are due in court today. The actor faces arraignment on his Christmas Day domestic violence arrest in Aspen, Colorado. Their attorneys want the restraining order thrown out so the couple can be back together for their twins and to work on their relationship.

This despite, Brooke telling officers that her husband put a knife to her throat, threatening to kill her. The couple will arrive separately and the judge will decide if they can leave together.
Posted: February 8th, 2010 under Entertainment
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Law Firm Logo & Brand Identity Design by Law Promo

Law firm logos are an essential part of your business, and are featured on your website, on your business card, on your letterhead and in advertisements. Logos are the cornerstone of your firm's identity, and Law Promo's logo and brand identity design team is among the best in the business.

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Your new law firm logo design will inspire confidence and brand loyalty in the eyes of your clients.

Posted: February 8th, 2010 under Law Promo News
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Charges in Jackson’s death to be filed Monday

Dr. Conrad Murray, personal physician to Michael Jackson, will surrender to authorities Monday afternoon, his attorneys said.

Murray will turn himself in at a courthouse at 1:30 p.m., they said in a written statement.

Los Angeles County prosecutors have said criminal charges related to Jackson's death last summer would be filed Monday. Prosecutors have not said who would be charged or what the charges would be, but Murray's attorneys have said he expected to be charged.

Charges originally were expected to be filed last Friday, but they were delayed because prosecutors and Murray's chief defense lawyer, Ed Chernoff, failed to reach agreement on a surrender deal for the doctor, a law enforcement source with detailed knowledge of the talks said.

Posted: February 8th, 2010 under Court Watch
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Baltimore Sun on Malpractice Courts

The Baltimore Sun continues to push the idea of medical malpractice cases being placed into some sort of health court. Naturally, as is their practice, the Sun offers no real details and no balance to the editorial besides blaming trial lawyers for everything but the Blizzard of 2010. More problematically, they support a solution without really identifying a problem. What is the evidence of a problem with the judges that are currently handling medical malpractice lawsuits in Maryland? This would seem to be a prerequisite to offering a solution.

The Sun thinks that the governors of this state have nominated judges that cannot understand how to administer medical malpractice lawsuits. Either this is nonsense or we have a gubernatorial malpractice claim against Governors Mandel, Hughes, Schaefer, Glendening, Ehrlich, and O'Malley. I'm going with the nonsense theory myself. It is also silly to suggest that doctors are so vested in this idea. Even if trained malpractice judges are better malpractice judges, I don't think anyone has any idea of whether having malpractice specific judges is going to help plaintiffs or the doctors' lawyers in discovery or at trial.

The Sun goes on to tout the importance of a new "I'm sorry" law so doctors can admit they screwed up. On its face, it sounds okay. There is evidence that patients and their families benefit when doctors disclose medical errors and apologize. But did we do a study as to how these same patients feel when these apologetic doctors admit to their patients what they did but then can make a farce of that admission by denying it publicly later? Will this make a mockery of the victims and the court who sanctions what is going to approach or reach perjury?

The reality is a sympathetic "I'm sorry" when any professional (or even the other driver in a car accident) makes a mistake is going to make it less likely that the victim is going to bring a claim. Doctors should say they are sorry because it helps the patient, themselves and because it is the right thing to do, not because they are given immunity for the apology.

I also don't think the law is going to make much difference. Good, decent doctors (the vast, vast majority) will apologize if they think they make a mistake. Doctors that won't because they fear malpractice probably wouldn't apologize anyway.

Posted: February 8th, 2010 under Medical Malpractice
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Campaign case may have set course for Supreme Court

As the Supreme Court nears the midpoint of its annual term and prepares to hear several momentous cases, one question looms: Will the justices' split decision reversing past rulings and allowing new corporate spending in political races set the tone for the term, or will Citizens United v. Federal Election Commission be an exception?

"Is this a turning point?" asks Pamela Harris, director of Georgetown Law's Supreme Court Institute. Harris notes that Chief Justice John Roberts' concurring opinion in the campaign-finance case defended reversing past rulings that have been, as Roberts wrote, "so hotly contested that (they) cannot reliably function as a basis for decision in future cases."

"That is an incredibly muscular vision of when you would overrule precedent," which usually guides justices in new cases, Harris says. "That makes it look like this is a court that's ready to go."

Several pending cases — some that already have been argued, some that will be argued in upcoming weeks — are likely to show the reach of the Roberts Court and its boldness.

Temple University law professor David Kairys expects the Citizens United to distinguish the Roberts Court for years. "I think it will actually define more than this particular term," he says. "It might define the Roberts Court."

Posted: February 8th, 2010 under Breaking Legal News
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Medical Malpractice Case: The Emma Mejias Story

http://www.insiderexclusive.com/show-titles/120-medical-malpractice-case-the-emma-mejias-story-

Emma Mejias died a horrible and painful death, on her very first Christmas Eve in 2004, at the hands of 25 doctors and nurses, another victim of medical malpractice. All 25 of them systematically and willfully ordered and administered the wrong drugs for her life-threatening condition called SLOS (Smith Lemli Opitz Syndrome). SLOS is a congenital abnormality, which requires treatment strategies on supplying supplemental cholesterol. Emma was given the Wrong Drug, Questran, not once, but 92 times – yes, 92 times in one month. All of the doctors and nurses knew better.  They were trained to know better. They were some of the world’s leading authorities at the LSU Health Sciences Center in New Orleans. And her doctors had the unmitigated gall to blame Emma’s death on the new resident doctors, rather than take responsibility themselves. Emma remained hospitalized at various hospitals from the date she was born to the day she died, because of the outrageous medical malpractice perpetrated on her by 25 so-called health care professionals, none of whom cared enough to give her the potentially life-saving medical treatment she desperately needed. She suffered enormous physical pain and suffering prior to her death. Today, for the very first time ever on TV, The Insider Exclusive will visit with both Jason and Adrienne Mejais and their lawyer John Hammons, Partner at Nelson & Hammons, who for 30 years has been standing up for people like Emma, a little innocent baby, who never had the chance to stand up for herself.

John Hammons is one of Louisiana’s leading medical malpractice and nursing home negligence lawyers, and is often called upon by individuals as well as by other lawyers to assist them in the most difficult of cases. He has served on the Governor’s Commission on Medical Malpractice, which provided him with significant insight in this area of developing law. John was also among the first lawyers in Louisiana emphasizing the handling of medical malpractice cases three decades ago. He has been at the forefront of precedent-setting cases, and is often invited to speak before legal and medical groups. John holds an undergraduate degree from Northeast Louisiana University and a law degree from Louisiana State University.

Nelson & Hammons has championed the rights of victims of medical malpractice since 1980, having successfully represented hundreds of such patients or their families. With its office in Shreveport, Nelson & Hammons remains committed to quality medical care for its clients and their families as well as obtaining just compensation for those patients who have been seriously injured as a result of substandard medical care. With two attorneys specializing in the handling of medical malpractice, nursing home negligence and related matters, Nelson & Hammons is uniquely positioned to effectively and thoroughly investigate and prosecute such cases.

You can contact John Hammons at 318-227-2401, or www.nelsonhammonslaw.com

Posted: February 7th, 2010 under Medical Malpractice
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Prop 8 Attorneys Already Looking To Supreme Court

Lawyers in the Proposition 8 trial are keeping an eye on Washington as they draft papers for the federal judge in San Francisco.

The two sides in the legal battle over California's ban on same sex marriage have two more weeks to tell Judge Vaughn Walker exactly how they'd like him to rule and why. As it is expected the federal lawsuit challenging the 2008 ballot initiative to ultimately be decided by the US Supreme court, attorneys are trying to ensure that they've built a case that will satisfy the nation's highest legal authority two years down the line.

The way to get those judges' support, said Boies, is to build as strong a case as possible at the lower level. That's why one of his clients, plaintiff Jeff Zarrillo, feels it's so important to win this trial.

Posted: February 7th, 2010 under Breaking Legal News
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Alabama court sides with governor on casino raid

Gov. Bob Riley's gambling task force won another victory Thursday when the Alabama Supreme Court tossed out a court order blocking a raid on the state's largest casino.

In a 7-2 decision, the court said a Macon County judge lacked jurisdiction to halt the pre-dawn raid Jan. 29.

"This is another victory for the rule of law," Gov. Bob Riley said Thursday night.

VictoryLand, 15 miles east of Montgomery, closed its casino Monday night. Shortly before the Supreme Court's ruling came out Thursday, the company closed all other facilities, including its dog track, restaurants and new luxury hotel. The closure was designed to keep the Governor's Task Force on Illegal Gambling from returning without getting a judge to approve a search warrant.

Task force commander John Tyson said last week a search warrant was not needed for the thwarted raid because the casino was open and undercover officers were inside observing the gambling machines. He declined to reveal his next step Thursday night, but said he was reviewing the complete closure of VictoryLand.



Posted: February 7th, 2010 under Legal Business
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Caveat Jurista! (Let the Lawyer Beware And Welcome ABA Journal Readers)

Maybe someone that knows Latin can help me. I'm looking for the proper way to write "Let the Lawyer Beware!" much the way the buyer must beware (caveat emptor). An online dictionary tells me that consultus is the Latin for legal expert, and from which consultant is derived; though jurista seems like a possibility and it also looks and sounds better.

So this post has nothing to do with being afraid of lawyers, but rather, as a warning to those with the juris doctorate.

Frankly, I've always hated the use of Latin phrases in the law, as it always seemed pretentious. My usage is usually de minimis, limited to res ipsa loquitor and a few other well known phrases. But if using Latin helps save someone from outsourcing their marketing (and ethics) to others, it will be a good thing.

Why write on this again? Because I'm featured in the ABA Journal this week, in an edition that deals with online activities, Wired! The article is part of The Business of Law section, entitled Search and Deceive, and dedicated to comment spam and the problems hiring marketers for law firms. (Kevin O'Keefe is featured also, and as you can see from the picture they used, he's clearly more photogenic than yours truly.)

Their piece is inspired by Martindale-Hubbel's use of comment spam that I wrote about late last year (Martindale-Hubbell Apologizes For Blog Spam; Suspends Spammer; Promises to Answer Questions)

The essence of the article is this:
With the proliferation of social media forums and fly-by-night legal directories, lawyers need to be even more cautious when they enlist the services of outside sales and marketing firms to improve website traffic and search engine rankings.
The many problems with FindLaw, of course, equally apply, but the FindLaw postings occurred after the original article was written.

It's good to see these problems now leaking out of the legal blogosphere to mainstream legal publications.

But I still need that Latin phrase. Though I'll accept Middle French, Middle English and any other dead language. Anyone? Bueller? (Yeah, I know, like he'd ever know Latin...)
Posted: February 6th, 2010 under Marketing
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