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Archive for November, 2010

Black farmers, Indians closer to US settlement

Saturday, November 20th, 2010

By Breaking Legal News, Breaking Legal News.

Black farmers and American Indians who say the United States discriminated against them and took their money for decades are a step closer to winning long-awaited government settlements.

Under legislation passed by the Senate on Friday, black farmers who claim discrimination at the hands of the Agriculture Department would receive almost $1.2 billion. American Indians who say they were swindled out of royalties by the Interior Department would split $3.4 billion. Both cases have languished for more than a decade, and plaintiffs say beneficiaries are dying off.

"The Senate finally did the right thing," said John Boyd, head of the National Black Farmers Association. "They stepped up and told the world civil rights still matter in America."

The legislation was approved in the Senate by voice vote Friday and sent to the House. The money had been held up for months in the chamber as Democrats and Republicans squabbled over how to pay for it.

President Barack Obama praised the Senate for finally passing the bill and urged the House to move forward on it. He said his administration is also working to resolve separate lawsuits filed against the department by Hispanic and female farmers.

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

Apotheker a no-show in Oracle-SAP trial

Saturday, November 20th, 2010

By Breaking Legal News, Breaking Legal News.

An industrial espionage trial between Oracle Corp. and SAP AG, two of the world's biggest business software makers, ended Friday without the testimony of one of its most anticipated witnesses.

The evidence part of the three-week trial wrapped up Friday without an in-person appearance by the new CEO of Hewlett-Packard Co., Leo Apotheker, and without Oracle playing a videotaped deposition he gave.

The cat-and-mouse game of Oracle trying to force Apotheker to testify, and HP refusing to allow it, has captivated technology watchers and overshadowed Apotheker's start as head of the world's biggest technology company by revenue.

Oracle wanted Apotheker to testify because he was previously SAP's CEO.

But Oracle says that HP refused to accept a subpoena on Apotheker's behalf. HP accused Oracle of harassing Apotheker.

Oracle hired investigators to track down Apotheker, but since he started the HP job Nov. 1, he wasn't spotted close enough to the federal courthouse in Oakland, where the case is being tried, for Oracle to serve him with the subpoena. The subpoena only applies within 100 miles of the courthouse, which includes HP's headquarters in Palo Alto.

HP hasn't disclosed Apotheker's whereabouts. Representatives have repeatedly said that the company doesn't discuss its executives' travel plans.

Oracle is demanding billions of dollars in damages from SAP for software and customer support documents that SAP has admitted to stealing. SAP claims it owes only $40 million. Closing arguments are expected next week.

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

Quadriplegic congressman re-elected

Friday, November 19th, 2010

By Atlanta Injury Law Blog , Ken Shigley.

Jim Langevin was paralyzed from the chest down in a gunfire accident as a teenager 30 years ago while working as a police volunteer. For 10 years he has been the only quadriplegic in the U.S. Congress. Before being elected to Congress, he was Rhode Island's secretary of state and also served in the General Assembly. Last week, Langevin was re-elected to another term in the House of Representatives.

Whatever your political leanings, you have to admire the indomitable spirit of a person who despite the horrible disability of quadriplegia rises to serve in Congress.

 

 

  Ken Shigley, author of Georgia Law of Torts: Trial Preparation & Practice, is  a Certified Civil Trial Advocate of the National Board of Trial Advocacy, and has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers. He practices law at the Atlanta law firm of Chambers, Aholt & Rickard, and has broad experience in catastrophic personal injury, spinal cord injury, wrongful death, products liabilitybrain injury and burn injury cases. He is also president-elect of the State Bar of Georgia. Ken and  This post is subject to our ethical disclaimer.

 

 

 

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .

Mass. high court to release hiring probe report

Friday, November 19th, 2010

By Breaking Legal News, Breaking Legal News.

The state’s highest court is releasing the findings of a probe into allegations of widespread patronage in the Massachusetts Probation Department.

The justices have been reviewing the report since last week and announced they will release it Thursday afternoon.

Independent counsel Paul Ware submitted the report to the Supreme Judicial Court on Nov. 10.

Probation Commissioner John O’Brien was suspended in May after a series of Boston Globe articles alleging that the department has become a patronage haven for lawmakers.

Among the witnesses subpoenaed to appear before Ware was state Rep. Thomas Petrolati of Ludlow, a top deputy to House Speaker Robert DeLeo. The Globe reported that Petrolati’s wife, a former aide and financial supporters had received jobs in the department.

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

Maryland Comparative Negligence on the Way?

Friday, November 19th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

Certainly, the title is a little hyperbolic. But at the Maryland Court of Appeals Rules Committee meeting this morning, a memorandum was issued from Chief Judge Robert M. Bell requesting a study of how other jurisdictions have dealt with the comparative negligence doctrine.

Just a study, mind you. But this memo jumps right to the heart of the matter.

    If the Court were to consider replacing the doctrine of contributory negligence, a common law doctrine in Maryland, with some form of comparative negligence with some sort form of comparative fault:

    (a) whether in the Committee's view, the Court could effect that change by Rule, as opposed to judicial decision.

    (b) if the Court were to consider the adoption of such a Rule, what form and content of the Rule should be; and

    (c) what related legal principles, such as joint and several liability, would need to be considered concurrently.

Well thank you for not beating around the bush, Judge Bell. There is also a specific request for the consideration of views of the Maryland Defense Counsel, the Maryland Association for Justice, and the Maryland State Bar Association.

Timely, I wrote about the interplay between joint and several liability and comparative negligence this week. In terms of what position these groups take, I think it will all depend on joint and several liability. If joint and several liability remains unchanged, Maryland plaintiffs' lawyers would support comparative negligence and Maryland defense attorneys would be obligated to make a big stand in opposition (although that is a lot of show, many self-interested defense lawyers get that more opportunities for plaintiffs' is more opportunities for them). But if it is a swap of comparative for abolishing joint and several liability, this becomes a more, for lack of a better word, nonpartisan issue where fractions are going to split off within the interest groups.

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

Seat Belt Lawsuit Likely to End in Draw

Friday, November 19th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

The U.S. Supreme Court will likely deadlock 4-4 in a seat belt design defect wrongful death lawsuit against where Mazda is arguing that Plaintiff's claim is preempted by federal law. The seat belt at issue is a lap-only seat belt, which I think sounds defective on its face by most of us. Mazda does not make them anymore. Neither does anyone else.

A tie is a win for Mazda because it won the case below. Justice Elena Kagan is sitting this one out because, as Solicitor General, she urged the Supreme Court to consider the case. I'm sure she will consider the facts anew when she gets a crack at this in a different context, but is there any real doubt about how Justice Kagan is going to rule on this?

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

Victorian Village bar loses smoking-ban appeal

Friday, November 19th, 2010

By Breaking Legal News, Breaking Legal News.

The Ohio Supreme Court will get a chance to determine the legality of the state's smoking ban after an appeals court ruled that state officials didn't overstep their bounds when they repeatedly cited a Victorian Village bar for violating Ohio's smoking ban.

Zeno's Victorian Village is fighting a two-pronged battle against the 2006 anti-smoking law, saying that it shouldn't apply to family-owned bars and that authorities are unfairly punishing bars for violating the ban rather than the smokers themselves.

On Tuesday, the Franklin  County Court of Appeals handed Zeno's a big setback. In a  3-0 ruling, judges overturned a trial court's decision that dismissed more than $30,000 in  fines against Zeno's. The trial  court concluded that authorities had singled out bars and  restaurants for penalties while  refusing to cite smokers who  violated the ban.

The February ruling by Franklin County Common Pleas Judge David E. Cain never affected how state and local health departments enforce the no-smoking law. As of the end of August, more than 2,500 fines had been imposed totaling nearly $1.2 million, according to the Ohio Department of Health. State and local officials had collected about $400,000 of that amount.


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

San Francisco sues immigration law firm

Friday, November 19th, 2010

By Breaking Legal News, Breaking Legal News.

The city of San Francisco is accusing a former lawyer of providing shoddy representation to clients with immigration problems even after giving up his license to practice law.
City Attorney Dennis Herrera filed a lawsuit Wednesday in San Francisco Superior Court seeking to shutter the Immigration Practice Group, a firm allegedly controlled by Martin Guajardo.

Guajardo gave up his law license in 2008 after he was accused of charging illegally high fees and failing to provide competent representation.

The lawsuit alleges that Guajardo nevertheless opened the law office and hired attorney Christopher Stender to act as a "front." They are accused of providing poor legal counsel resulting in the deportation of clients.

Neither Guajardo nor Stender immediately returned a phone call to the firm.


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

Alabama quadriplegic graduate student fights for right to live at home

Thursday, November 18th, 2010

By Atlanta Injury Law Blog , Ken Shigley.

A quadriplegic since 1995, Paul Boyd has sued the Alabama Medicaid agency in an effort to get home-based care that would enable him to move out of a nursing home where he now lives.

Boyd argues that the agency would save money by letting him live in a house, with some assistance. He wants to live closer to the University of Montevallo campus, where despite his quadriplegia he is a graduate student in community counseling.

For the first 11 years after his paralyzing accident, Boyd living with relatives. Four years ago, when they were no longer able to serve as caregivers, he moved to a nursing home. However, the nursing  home is 13 miles from the university campus.There is no public transportation to get to his evening classes. He uses his scholarship money to pay a maintenance worker from the nursing home to drive his wheelchair-equipped van back and forth to campus.

You have to admire the indomitable spirit of folks like Mr. Boyd who are determined to live productive lives after a devastating injury. I find it extremely fulfilling to help such folks recover the resources necessary to restore as much of a productive life as possible.

 

 

  

Ken Shigley, author of Georgia Law of Torts: Trial Preparation & Practice, is  a Certified Civil Trial Advocate of the National Board of Trial Advocacy, and has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers. He practices law at the Atlanta law firm of Chambers, Aholt & Rickard, and has broad experience in catastrophic personal injury, spinal cord injury, wrongful death, products liabilitybrain injury and burn injury cases. He is also president-elect of the State Bar of Georgia. Ken and  This post is subject to our ethical disclaimer.

 

 

 

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .

Quadriplegic farmer designs wheelchair accessible tractor

Thursday, November 18th, 2010

By Atlanta Injury Law Blog , Ken Shigley.

Over the years I have been amazed and inspired by the indomitable spirit of clients who are paralyzed by traumatic spinal cord injuries. One client who was a quadriplegic was determined to get back to teaching college and writing books with adaptive technology. A young woman who became paraplegic in an accident finished college, earned her masters degree, taught school, went on church mission trips, moved west,  became Ms. Wheelchair California, experienced adaptive surfing with stars, and rode in the Rose Parade.

Now comes the story of a Canadian quadriplegic farmer, paralyzed from the neck down, so determined to return to productive life that he has designed a tractor that he can operate while seated in his wheelchair.

Some people think that lawyers encourage injured people to lay around as victims. Based on my 33 years of trying cases before juries, I think that is unwise and counterproductive. It is far better to be a courageous survivor, battling the odds to be all that one can be and do all that one can do. There is intrinsic truth in that, aside from any consequences for a liability claim. However, it is also true in litigation, as jurors feel far better about compensating a survivor with an indomitable spirit than rewarding someone who passively accepts victim status.

 

  

Ken Shigley, author of Georgia Law of Torts: Trial Preparation & Practice, is  a Certified Civil Trial Advocate of the National Board of Trial Advocacy, and has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers. He practices law at the Atlanta law firm of Chambers, Aholt & Rickard, and has broad experience in catastrophic personal injury, spinal cord injury, wrongful death, products liabilitybrain injury and burn injury cases. He is also president-elect of the State Bar of Georgia. Ken and  This post is subject to our ethical disclaimer.

 

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .