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Archive for January, 2010

UBS chairman unhappy with court ruling on tax

Wednesday, January 27th, 2010

By Breaking Legal News, Breaking Legal News.

Villiger was reacting to a ruling by the Federal Administrative Court last week that the transfer of customer data broke the law. His comments were published by the German-language Tages-Anzeiger newspaper on Wednesday.

The court decision has cast doubt on the agreement reached between the authorities in the US and Switzerland last year under which the Swiss agreed to hand over data on an estimated 4,450 bank customers.

Villiger said in the newspaper interview that the ruling had placed the bank and the country in a “extremely difficult situation”.

There have been calls within Switzerland for UBS to take responsibility for its past actions, which encouraged US tax payers to transfer funds to Switzerland in order to avoid paying taxes, something Villiger rejected.

“There can be no solution without an agreement between states,” he said. He further pointed out that those at the bank who had been responsible for the crisis had now left.

He added that it was difficult to draw up a sustainable strategy for the bank when there was so much uncertainty about many aspects of its work, including the future of bank secrecy.


Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Court Kills Death Penalty for Retarded Man

Wednesday, January 27th, 2010

By Breaking Legal News, Breaking Legal News.

The Missouri Supreme Court overturned a death penalty sentence for man who is mentally retarded. Andrew Lyons, 52, was convicted of first-degree murder in 1996 and sentenced to death for the 1992 killing of his estranged girlfriend.

Lyons filed a petition in mandamus, claiming to be mentally retarded and therefore ineligible to be executed.

A court-appointed master supported Lyons' claims. The master concluded that Lyons' IQ was in a range of 61 to 70, that Lyons had continual extensive related deficits in two adaptive behaviors, and that the symptoms were present and documented before Lyons had turned 18.

"Although there is evidence, as noted earlier, that Lyons manifested these conditions before age 18, the state contends there was insufficient documentation of these conditions," the court wrote in a unanimous opinion.

"The state vigorously notes the lack of an IQ test result from prior to age 18 and the scant school records and other evidence with respect to the adaptive behaviors.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Will California gay-marriage trial go to Supreme Court?

Wednesday, January 27th, 2010

By Breaking Legal News, Breaking Legal News.

On the 17th floor of the Phillip Burton Federal Building in a city known for being at the edge of social change, a federal trial is under way that could lead to a landmark ruling on same-sex marriage in America.

Perry v. Schwarzenegger, which began Jan. 11 in the US District Court for Northern California, challenges the constitutionality of California's voter-approved ban on gay marriage. Over the past 10 days, lawyers have made a broad-based case against Proposition 8, ranging from arguments that it reflects prejudice against gays and lesbians to discussions about the nature of modern marriage, and the notion that homosexuality requires special protections like gender and race.

Many gay-marriage advocates say the case is ultimately destined for the US Supreme Court and represents the best path to legalizing same-sex marriage. They hope this lawsuit will be their Loving v. Virginia – the 1967 case that ended race-based restrictions on marriage.

But not all activists are on board. Some worry the stakes are too high: a federal challenge at a time when most states and voters reject gay marriage could be premature. Even if the Supreme Court eventually takes the case – bound to be appealed by the losing side in San Francisco in the Ninth Circuit Court of Appeals and then to the Supreme Court– the court has historically been reluctant to move too far ahead of the people. A defeat in the Supreme Court would deal a huge setback to a movement that has seen significant gains over the past decade.

"The national marriage project was assiduously avoiding a federal court challenge. They were working slowly toward [it]," says Marc Spindelman, a law professor at Ohio State University and an expert on gay and lesbian rights. But, he adds, "if there's a circuit court that's likely to recognize same-sex marriage" it's the Ninth Circuit, under which the district court falls and which is often branded the most liberal.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

RIAA in pickle over Jammie Thomas ruling

Tuesday, January 26th, 2010

By Breaking Legal News, Breaking Legal News.

The music industry will have to make some very tough choices within the next week about file sharer Jammie Thomas-Rasset.

The Recording Industry Association of America wants to put the Thomas-Rasset affair behind it. The Brainerd, Minn., mother--who refused to settle with the RIAA for $5,000 over copyright infringement allegations, instead fighting it out in court--has been found liable of willful copyright infringement by two different juries and was ordered to pay damages of $222,000 in her first trial (a decision later thrown out) and $1.9 million last June in her retrial.

On Friday, Michael Davis, chief judge for the U.S. District Court for the District of Minnesota, made what some legal experts say is an unprecedented move involving statutory damages in a copyright case, when he reduced the jury-awarded amount by 97 percent. Davis called the $1.9 million amount "monstrous and shocking," changing the damages to $54,000, which he said was still "significant and harsh."

Davis has given the music industry seven days to decide whether to challenge his decision and schedule a trial on the damages. To figure out how to proceed, RIAA leaders and lawyers huddled on Monday, according to my music industry sources. An RIAA spokesman declined to comment.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Haiti Relief

Monday, January 18th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

Miller & Zois will contribute a dollar to Doctors Without Borders for the Haitian Relief effort for every new fan we add on Facebook. So if you are not already in, become a fan by clicking here. We have already donated a dollar for each current Facebook fan we have to date.

I'm tempted to add here my trite commentary on the scope of this tragedy. But at this point, we all get it. It is unspeakably horrible world sometimes. All we can do is pray and send money.

The reality is that Haiti has been a disaster forever. But if the world throws its heart and soul (and checkbook) at Haiti, is there a chance that Haiti can overcome its history of corruption and instability and can be rebuilt better and stronger than it was before?

Also, if you want to do your own Facebook friend drive or any other hook you can think of to raise money, let us know and we will plug it for you.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

St. Joseph’s Scandal

Friday, January 15th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

St. Joseph Medical Center in Towson, a hospital known and respected in no small measure for its cardiology department, is being accused of conduct that goes well beyond medical malpractice. The allegations are beyond stunning: at least 369 of St. Joseph's heart patients have received coronary stents that were not medically necessary, putting these patients at greater risk of complication or further injury. People with minimal blockages were allegedly given stents and told they had near complete heart blockages.

Stents are used to fight artery blockages. St. Joseph Medical Center is a hospital that puts in a lot of stents. Many patients drive past University of Maryland Hospital and Johns Hopkins Hospital to get stents put in at St. Joseph's. Think about how remarkable an accomplishment this was for St. Joe. Now, one doctor trying to earn a few extra bucks may have tarnished the reputation of a hospital and a lot of great work done by a lot of great doctors, nurses and other health care providers. Obviously, the biggest tragedy is the patients who have been subjected not only to an unnecessary heart procedure, but have likely also been over- medicated, as if their condition had been more serious. But I also feel bad for the good guys at St. Joseph who were not involved in any of this and are now tarnished by it all.

The doctor at the center of this scandal lost his privileges at the hospital last summer without notice to his patients or any comment from hospital officials. There is a lot of information that needs to come out, but this raises the obvious question: if hospital officials knew something was going on, why wait so long to convey this information to patients? If it is important for St. Joseph's to tell patients now, why were patients not told this summer? I don't want to prejudge this, but it is a question that is going to be raised.

Do these 369 patients have malpractice claims? I don't think there is going to be significant injury in most of the cases. But you can certainly expect some valid claims to arise. Moreover, this is a a classic - and rare in the real world - case of a malpractice lawsuit that has a great settlement value than trial value. Because St. Joseph's has to be eager to settle these claims and put this debacle behind them.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

St. Joseph’s Scandal

Friday, January 15th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

St. Joseph Medical Center in Towson, a hospital known and respected in no small measure for its cardiology department, is being accused of conduct that goes well beyond medical malpractice. The allegations are beyond stunning: at least 369 of St. Joseph's heart patients have received coronary stents that were not medically necessary, putting these patients at greater risk of complication or further injury. People with minimal blockages were allegedly given stents and told they had near complete heart blockages.

Stents are used to fight artery blockages. St. Joseph Medical Center is a hospital that puts in a lot of stents. Many patients drive past University of Maryland Hospital and Johns Hopkins Hospital to get stents put in at St. Joseph's. Think about how remarkable an accomplishment this was for St. Joe. Now, one doctor trying to earn a few extra bucks may have tarnished the reputation of a hospital and a lot of great work done by a lot of great doctors, nurses and other health care providers. Obviously, the biggest tragedy is the patients who have been subjected not only to an unnecessary heart procedure, but have likely also been over- medicated, as if their condition had been more serious. But I also feel bad for the good guys at St. Joseph who were not involved in any of this and are now tarnished by it all.

The doctor at the center of this scandal lost his privileges at the hospital last summer without notice to his patients or any comment from hospital officials. There is a lot of information that needs to come out, but this raises the obvious question: if hospital officials knew something was going on, why wait so long to convey this information to patients? If it is important for St. Joseph's to tell patients now, why were patients not told this summer? I don't want to prejudge this, but it is a question that is going to be raised.

Do these 369 patients have malpractice claims? I don't think there is going to be significant injury in most of the cases. But you can certainly expect some valid claims to arise. Moreover, this is a a classic - and rare in the real world - case of a malpractice lawsuit that has a great settlement value than trial value. Because St. Joseph's has to be eager to settle these claims and put this debacle behind them.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Great Lakes Law Firms – Legal Market Analysis Now Available

Friday, January 15th, 2010

By Amazing Firms, Amazing Practices, Gerry Riskin.

If your firm has offices in the Great Lakes Region (or is thinking of expanding into it) there is an unprecedented and unmatched comprehensive analysis available: “2010 Legal Market Analysis Great Lakes Region”

The report contains:

  • 115 pages of detailed factual competitive intelligence
  • 126 charts, graphs and illustrations
  • 8 States and 10 Metropolitan Areas
  • Information on 215 law offices

Cities included:

  • Chicago
  • Milwaukee
  • Detroit
  • Indianapolis
  • Cincinnati
  • Minneapolis
  • Columbus
  • Buffalo
  • Cleveland
  • Pittsburgh

I think this is a fantastic deal.  If your firm tried to pull this together on your own, you’d spent months and tens of thousands worth of time doing your due diligence which would include analyzing the firms, clients and economics of the region.  I expected the price would be around $7,500 but it offered at $2,995

I was also impressed by the Guarantee of Satisfaction - if your firm is disappointed (you won't be) you can pull the trigger on the guarantee.

For many leaders, the most important and imponderable question relates to the timing of the recovery — one of the elements of this report is

  • “Prognosis for timing and extent of legal market economic recovery”

My enthusiasm for The “2010 Legal Market Analysis Great Lakes Region” is based on these simple premises:

  1. The team that created it has many decades of law firm experience
  2. The sources of data are impeccable
  3. Ed Wesemann (architect of this publication) is a truly gifted analyst and law specialist

The downloadable prospectus including full Table of Contents will give you an idea as to how well organized this work is.

At the very least, this analysis is an important reality check.  Many firms have skewed views of their own markets based on prejudices or outdated data that tends to stick in the minds of firm leaders.

Here is an excerpt from the free  downloadable prospectus showing the nature of the contents of the report:

A detailed competitive analysis for each city providing:

  • Comparative reputation within the specific legal market
  • Detailed descriptions of competitive situations
  • 2010 depth counts of lawyers in the local office and firm-wide

An accurate and up-to-date economic analysis of each metro area including:

  • Projections of the growth of key drivers that affect the legal market
  • Prognosis for timing and extent of legal market economic recovery
  • 2010 Assessment of stability of leading industries and top employers

Assessment of demographic, businesses and market data for each state and metro area including:

  • Size of legal markets
  • Business friendliness, job growth, cost of doing business and other important indicators
  • Strength, Weakness, Opportunity and Threat (SWOT) Analysis for large firm legal practice in each metro area

Download the prospectus and see for yourself.

Note:  I know the people behind this initiative very well but want to make it clear that I have absolutely no financial interest in their venture — I am posting this based on receiving a review copy. I believe this is an extraordinary offering and far more valuable than its price would reflect.




    

   
 

Originally posted at Amazing Firms, Amazing Practices. Please visit http://www.gerryriskin.com/.

Trial Themes

Thursday, January 14th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

Beth Osowski provides a nice list of trial themes for plaintiffs and defendants' lawyers in the Civil Litigation Blog.

This is not a bad list to gloss over before trial if you are not crystal clear on what your trial theme(s) should be. I like that these themes are short and simple. If you can't describe your claim (or defense) in 5 words or less, it is going to be hard to get it across to a jury. From the plaintiffs' perspective, as David Ball and Don Keenan explain in Reptile, the best themes show the defendant's actions constitute an immediate threat to public safety and that a significant verdict for the plaintiff will reduce that danger.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Facebook Fans

Wednesday, January 13th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

Last week, I announced our Miller & Zois new Facebook page. We had 31 fans. Today we have 325 and we continue to advance forward every day. I think that is pretty cool.

If you are a regular reader, please click here and become a fan.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.