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Archive for March, 2010

Rip Torn due in Conn. court for bank break-in

Tuesday, March 30th, 2010

By Breaking Legal News, Breaking Legal News.

Rip Torn's lawyer says the "Men in Black" actor plans to enter pleas to burglary and firearms charges during a court hearing in Connecticut.

Torn is scheduled to appear in Litchfield Superior Court on Tuesday morning.

State police say the 79-year-old actor was so intoxicated on the night of Jan. 29 that he broke into a bank with a loaded gun thinking it was his home in Salisbury in northwestern Connecticut.

Torn went into an alcohol rehabilitation program after his arrest.

Torn had received probation last year as part of a Connecticut DUI case and also had alcohol-related arrests in New York in the past.

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

Court rebuffs Pa. man who didn’t accept vote tally

Tuesday, March 30th, 2010

By Breaking Legal News, Breaking Legal News.

A failed Pennsylvania judicial candidate who couldn't believe he received so few votes says he's finished fighting now that the U.S. Supreme Court has refused to hear his case.

Robert Pritchard Sr., of Fairchance, got 63 votes for a district judge post in southwestern Pennsylvania in the May 2009 primary. He got zero votes in two of 19 precincts. The incumbent got 2,900 votes and another challenger got 957.

Pritchard says people could have voted illegally because the county allegedly hasn't properly purged 25,000 dead or unregistered voters from its rolls. County attorneys say that had nothing to do with Pritchard's lopsided loss.

Two state appeals courts previously rejected his appeal.

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

Marine’s dad ordered to pay protesters’ court fees

Tuesday, March 30th, 2010

By Breaking Legal News, Breaking Legal News.

The father of a Marine killed in Iraq and whose funeral was picketed by anti-gay protesters was ordered to pay the protesters' appeal costs, his lawyers said Monday.

On Friday, Court of Appeals for the Fourth Circuit ordered Snyder to pay $16,510 to Fred Phelps. Phelps is the leader of the Westboro Baptist Church, which conducted protests at Marine Lance Cpl. Matthew Snyder's funeral in 2006.

The two-page decision supplied by attorneys for Albert Snyder of York, Pa., offered no details on how the court came to its decision.

Attorneys also said Snyder is struggling to come up with fees associated with filing a brief with the U.S. Supreme Court.

The decision adds "insult to injury," said Sean Summers, one of Snyder's lawyers.

The high court agreed to consider whether the protesters' message is protected by the First Amendment or limited by the competing privacy and religious rights of the mourners.

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

Many felony pot cases getting tossed out of court

Monday, March 29th, 2010

By Breaking Legal News, Breaking Legal News.

Police in a northern California town thought they had an open-and-shut case when they seized more than two pounds of marijuana from a couple's home, even though doctors authorized the pair to use pot for medical purposes.

San Francisco police thought the same with a father and son team they suspected of abusing the state's medical marijuana law by allegedly operating an illegal trafficking operation.

But both cases were tossed out along with many other marijuana possession cases in recent weeks because of a California Supreme Court ruling that has police, prosecutors and defense attorneys scrambling to make sense of a gray legal area: What is the maximum amount of cannabis a medical marijuana patient can possess?

No one can say for sure how many dismissals and acquittals have been prompted by the ruling, but the numbers are stacking up since the Supreme Court on Jan. 21 tossed out Patrick Kelly's marijuana possession conviction.

The high court struck down a 7-year-old state law that imposed an 8-ounce limit on the amount of pot medical users of marijuana could possess. The court said patients are entitled to a "reasonable" amount of the drug to treat their ailments.

Law enforcement officials say the ruling has made the murky legal landscape of marijuana policy in California even more challenging to enforce.

Since California voters legalized medical marijuana in 1996, there has been tension between local law enforcement officials and federal authorities, who view marijuana as absolutely illegal.

That tension is expected to become even more pronounced if the state's voters approve a November ballot measure legalizing possession of small amounts of marijuana.

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

Court won’t hear frequent flyer point broker case

Monday, March 29th, 2010

By Breaking Legal News, Breaking Legal News.

The Supreme Court has refused to let a company continue to buy and sell American Airline frequent flyer points while the airline is suing to stop the practice.

The high court on Monday refused to lift a temporary injunction against Frequent Flyer Depot, Inc. A lower court judge had banned the company from working with American Airlines AAdvantage points while the airline's lawsuit against the brokers was going through the court.

American Airlines says Frequent Flyer Depot's practice of getting American's passengers to sell them their frequent flyer points is illegal. The brokers would then use the points to buy tickets for people who did not want to deal directly with American Airlines.

American says the AAdvantage program prohibits the selling of its frequent flyer points.

The brokers say buying an airline ticket from them is cheaper than buying it from American. They also say that the AAdvantage program is not a contract under which the airline can sue.

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

Dodgers owner’s wife seeks nearly $1M per month

Monday, March 29th, 2010

By Breaking Legal News, Breaking Legal News.

Relaxing at five-star hotels. Jet-setting around the world. Eating at top restaurants.

While most people can't comprehend or even dream about that kind of opulence, former Dodgers CEO Jamie McCourt says she wants her first-class lifestyle back and believes it will take nearly $1 million a month to do so.

Whether her estranged husband, Dodgers owner Frank McCourt, will have to pay temporary spousal support could be determined at a hearing Monday in Los Angeles. Both Jamie McCourt and Frank McCourt are expected to attend.

The couple is embroiled in a costly divorce dispute with the Dodgers possibly hanging in the balance. Jamie McCourt maintains she is the team's co-owner, while her husband argues a marital agreement between the two gives him sole possession of the Dodgers.

A trial on that issue was tentatively set for May 24 but a new date may be set on Monday.

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

Bryan A Lowe & Associates – Las Vegas Business Law

Monday, March 29th, 2010

By Breaking Legal News, Breaking Legal News.

The firm was founded on a philosophy of service that not only emphasizes quality representation in terms of experience and expertise - but places a high value on initiating appropriate actions to meet the client's legal needs and objectives. Particular stress is also placed on providing individualized service and achieving results.

At Bryan A Lowe & Associates, we handle a wide variety of legal cases, including the areas listed below. If you need an elder law, estate planning, corporate, tax, or probate lawyer, see the information below or contact an attorney.

   / Elder Law
   / Estate Planning
/
   / Corporate and Tax Law
/
   / Probate and Estate Administration
/
   / Bankruptcy


Office Locations
4011 Meadows Ln., Suite 102
Las Vegas, NV 89107
Tel. (702) 259-0002

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

Judge upholds DC’s post-Supreme Court gun laws

Monday, March 29th, 2010

By Breaking Legal News, Breaking Legal News.

A federal judge on Friday upheld limitations on gun ownership that the District of Columbia put in place following a 2008 Supreme Court decision overturning the city's outright ban on handguns.

Dick Heller, the plaintiff in the landmark Supreme Court case, had challenged the new regulations, claiming the registration procedures, a ban on most semiautomatic weapons and other limitations violated the intent of the high court's decision.

U.S. District Judge Ricardo M. Urbina sided with the city, saying the Supreme Court decision did not ban reasonable limits on gun ownership designed to promote public safety.

"While the (Supreme) Court recognized that the Second Amendment protects a natural right of an individual to keep and bear arms in the home in defense of self, family and property, it cautioned that that right is not unlimited," he wrote.

The decision by Urbina, who was appointed by former President Bill Clinton, moves the case along what is likely to be a lengthy path through the legal system.

"We fully expect to go the Court of Appeals," said Heller's lawyer Richard E. Gardiner.

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

The Tennessee Supreme Court – Gary L. West’s Story

Friday, March 26th, 2010

By Breaking Legal News, Breaking Legal News.

Gary L. West’s Story

On Sep 2, 2005, The Tennessee Supreme Court issued a landmark decision: Gary L. West v. East Tennessee Pioneer Oil. The ruling expanded potential liability in sales to inebriated customers. “Tennessee businesses selling products to visibly intoxicated people are subject to more liability.” The Court found that a convenience store had a duty not to sell gasoline to an inebriated customer who later was involved in a head-on collision.

This landmark Case is the basis of this True Story that lead up to that Decision On July 22, 2000, Gary West was traveling northbound on U.S. Highway 11W, in Knox County, Tennessee, in the dead of night. On the exact same night and exactly at the same time, on the very same road, Brian Lee Tarver was driving southbound in the wrong northbound lane. Tarver crashed head-on into West’s automobile causing severe personal injury and property damage. Just minutes before the accident,

Tarver had been a customer at a gas station’s convenience store located at 7606 Rutledge Pike. Pioneer Oil was the owner/operator of that store. The store clerk, Dorothy Thomas, testified that on the night of the accident, Tarver was visibly “drunk” and “staggering” while at the store immediately prior to the accident. She refused his drunken demand to buy beer, but she did choose to sell the same very drunk Tarver three dollars ($3.00) worth of gasoline. After buying the gas, Tarver was so drunk that he couldn’t even walk out the store’s door properly. And more importantly, not only did he stagger to the pumps; he couldn’t even pump the gas in his car. Another employee, Candice Drinnon, actually had to help him pump the gas, because he was too drunk to figure out how to do so himself! Ms. Drinnon then watched as Tarver drove away going southbound in the wrong lane of traffic without his headlights on. At no time did any of the gas station’s employees attempt to notify the police of Tarver’s actions and his obviously intoxicated state.

Today, The Insider Exclusive goes behind the headlines to meet Greg Coleman of Coleman Edwards, who successfully took this case all the way to the Tennessee Supreme Court to fight for and get justice for Gary West.

Gregory F. Coleman is a highly distinguished attorney who focuses on products liability, litigation, medical malpractice, person injury, complex multi-district litigation, toxic torts, premises liability, class actions, ERISA, ERISA class actions, drug and medical device litigation, and workers’ compensation.

He has tried more than 100 jury trials and countless bench trials. A graduate of Jacksonville State University and the University of Tennessee College of Law, where he was a member of the National Trial Moot Court Team and the recipient of the American Jurisprudence Award for National Trial Team, Greg has been recognized by his colleagues for his outstanding work. He is a Charter Member and Fellow of the Litigation Counsel of America. Coleman Edwards, P.C. aggressively pursues clients’ rights for all types of motor vehicle accidents, including those involving drunk drivers, hit and run drivers, and uninsured/under-insured drivers.

The firm also represents those victims who have been injured in tractor-trailer accidents, workers compensation, toxic tort, asbestos related diseases, and all areas of personal injury. The foundation of the firm’s philosophy in the practice of law is that protecting clients’ rights and interests is the most important thing. You can contact Greg Coleman at 800-487-8669, or www.colemanandedwards.com

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

US judge orders firms to defend municipals suit

Friday, March 26th, 2010

By Breaking Legal News, Breaking Legal News.

About a dozen banks and financial firms must defend allegations of bid rigging, limited competition and price fixing in the municipal derivatives market, a U.S. judge ruled on Thursday.

U.S. District Judge Victor Morrero's written order said the defendants, including Wells Fargo, JPMorgan Chase, UBS AG, Morgan Stanley and others, should prepare for a pretrial conference on April 30.

The case is In Re Municipal Derivatives Antitrust Litigation, U.S. District Court for the Southern District of New York, No. 08-2516.

In 2006, the U.S. Justice Department, Internal Revenue Service and Securities and Exchange Commission launched a sweeping investigation into how the derivatives, known as guaranteed investment contracts, had been priced.

Municipal bond issuers had frequently parked their proceeds from debt sales by buying these contracts, which generate income, until they needed to spend the money.

While the investigation cooled down by early 2009, with information occasionally trickling out in the banks' and insurance companies' SEC filings, it has heated back up in the last few months. At the same time, a number of counties and cities have moved to sue the companies involved.

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