Law Tips And Info » Breaking Legal News http://www.lawtipsandinfo.com Mon, 06 Feb 2012 22:25:27 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Ex-Calif. teacher in court on molestation charges http://www.lawtipsandinfo.com/ex-calif-teacher-in-court-on-molestation-charges/ http://www.lawtipsandinfo.com/ex-calif-teacher-in-court-on-molestation-charges/#comments Wed, 01 Feb 2012 17:25:21 +0000 Breaking Legal News http://www.breakinglegalnews.com/8930
He told them it was a game and then photographed them, creating images that would eventually lead to his arrest, investigators said of Mark Berndt, who is scheduled to be arraigned Wednesday on charges that he committed lewd acts on 23 boys and girls, ages 6 to 10, between 2008 and 2010. He has hired a lawyer and has made no statements to authorities, said Los Angeles County sheriff's spokesman Steve Whitmore.

The investigation began when a film processor found Berndt's photos more than a year ago. Since the discovery, the school district fired Berndt and police put him under surveillance.

"If it wasn't for the film processor, this could still be continuing today," said sheriff's Lt. Carlos Marquez.

Berndt was arrested Monday at his home in Torrance and was being held on $2.3 million bail.

Some parents picking up their pre-kindergarteners at the school on Tuesday complained that officials at the school in South Los Angeles should have notified them when the photos were found.]]> By Breaking Legal News, Breaking Legal News.

The children at Miramonte Elementary School never complained about their third-grade teacher. Not, authorities said, when he blindfolded them, not when he put tape over their mouths or even placed live cockroaches on their faces.

He told them it was a game and then photographed them, creating images that would eventually lead to his arrest, investigators said of Mark Berndt, who is scheduled to be arraigned Wednesday on charges that he committed lewd acts on 23 boys and girls, ages 6 to 10, between 2008 and 2010. He has hired a lawyer and has made no statements to authorities, said Los Angeles County sheriff's spokesman Steve Whitmore.

The investigation began when a film processor found Berndt's photos more than a year ago. Since the discovery, the school district fired Berndt and police put him under surveillance.

"If it wasn't for the film processor, this could still be continuing today," said sheriff's Lt. Carlos Marquez.

Berndt was arrested Monday at his home in Torrance and was being held on $2.3 million bail.

Some parents picking up their pre-kindergarteners at the school on Tuesday complained that officials at the school in South Los Angeles should have notified them when the photos were found.

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

]]> http://www.lawtipsandinfo.com/ex-calif-teacher-in-court-on-molestation-charges/feed/ 0 Conviction and sentence upheld in Palin email case http://www.lawtipsandinfo.com/conviction-and-sentence-upheld-in-palin-email-case/ http://www.lawtipsandinfo.com/conviction-and-sentence-upheld-in-palin-email-case/#comments Mon, 30 Jan 2012 17:42:01 +0000 Breaking Legal News http://www.breakinglegalnews.com/8919
The three judge panel in a Monday decision affirmed the conviction of 24-year-old David Kernell. A Knoxville jury last April convicted Kernell of unauthorized access to a protected computer and destroying records to impede a federal investigation.

Kernell's attorney, Wade Davies, contended at trial that Kernell had no criminal intent and that guessing his way into the email account was a prank. Palin was governor of Alaska and John McCain's GOP running mate at the time.

Kernell was released in November after serving less than 11 months.

Davies said he will seek a review by the full U.S. 6th Circuit Court of Appeals.


]]> By Breaking Legal News, Breaking Legal News.

A federal appeals court panel has upheld the conviction and sentence of a University of Tennessee student in the hacking of Sarah Palin's email in 2008.

The three judge panel in a Monday decision affirmed the conviction of 24-year-old David Kernell. A Knoxville jury last April convicted Kernell of unauthorized access to a protected computer and destroying records to impede a federal investigation.

Kernell's attorney, Wade Davies, contended at trial that Kernell had no criminal intent and that guessing his way into the email account was a prank. Palin was governor of Alaska and John McCain's GOP running mate at the time.

Kernell was released in November after serving less than 11 months.

Davies said he will seek a review by the full U.S. 6th Circuit Court of Appeals.


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

]]> http://www.lawtipsandinfo.com/conviction-and-sentence-upheld-in-palin-email-case/feed/ 0 Judge can’t block $18B Chevron judgment http://www.lawtipsandinfo.com/judge-cant-block-18b-chevron-judgment/ http://www.lawtipsandinfo.com/judge-cant-block-18b-chevron-judgment/#comments Fri, 27 Jan 2012 17:02:02 +0000 Breaking Legal News http://www.breakinglegalnews.com/8914
The three-judge panel of the 2nd U.S. Circuit Court of Appeals explained why it lifted the ban last year and blocked a judge from staging a trial to decide if the judgment was obtained fairly.

It said the judge has authority to block collection if Ecuadorean plaintiffs move against Chevron in New York, but law does not give him authority "to dictate to the entire world which judgments are entitled to respect and which countries' courts are to be treated as international pariahs."

The judgment came last February after nearly two decades of litigation that stemmed from the poisoning of land in the Ecuadorean rainforest while the oil company Texaco was operating an oil consortium from 1972 to 1990 in the Amazon. Texaco became a wholly owned subsidiary of Chevron in 2001.

Chevron obtained an order from U.S. District Judge Lewis A. Kaplan in March blocking Ecuadorean plaintiffs from trying to collect the $18 billion until he could stage a trial to determine whether the judgment was fraudulently obtained.

The Ecuadorean plaintiffs appealed Kaplan's ruling to the 2nd Circuit. The appeals court heard oral arguments and then issued an order in September lifting Kaplan's block on collection efforts. On Thursday, it went a step further, tossing out the portion of Chevron's challenge to the judgment that sought to block its enforcement anywhere in the world.

]]> By Breaking Legal News, Breaking Legal News.

A judge overstepped his authority when he tried to ban enforcement around the world of an $18 billion judgment against Chevron Inc. for environmental damage in Ecuador, a federal appeals court said Thursday.

The three-judge panel of the 2nd U.S. Circuit Court of Appeals explained why it lifted the ban last year and blocked a judge from staging a trial to decide if the judgment was obtained fairly.

It said the judge has authority to block collection if Ecuadorean plaintiffs move against Chevron in New York, but law does not give him authority "to dictate to the entire world which judgments are entitled to respect and which countries' courts are to be treated as international pariahs."

The judgment came last February after nearly two decades of litigation that stemmed from the poisoning of land in the Ecuadorean rainforest while the oil company Texaco was operating an oil consortium from 1972 to 1990 in the Amazon. Texaco became a wholly owned subsidiary of Chevron in 2001.

Chevron obtained an order from U.S. District Judge Lewis A. Kaplan in March blocking Ecuadorean plaintiffs from trying to collect the $18 billion until he could stage a trial to determine whether the judgment was fraudulently obtained.

The Ecuadorean plaintiffs appealed Kaplan's ruling to the 2nd Circuit. The appeals court heard oral arguments and then issued an order in September lifting Kaplan's block on collection efforts. On Thursday, it went a step further, tossing out the portion of Chevron's challenge to the judgment that sought to block its enforcement anywhere in the world.

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

]]> http://www.lawtipsandinfo.com/judge-cant-block-18b-chevron-judgment/feed/ 0 NY court: Judge can’t block $18B Ecuador judgment http://www.lawtipsandinfo.com/ny-court-judge-cant-block-18b-ecuador-judgment/ http://www.lawtipsandinfo.com/ny-court-judge-cant-block-18b-ecuador-judgment/#comments Thu, 26 Jan 2012 16:53:00 +0000 Breaking Legal News http://www.breakinglegalnews.com/8910
The three-judge panel of the 2nd U.S. Circuit Court of Appeals said the judge has authority to block collection if Ecuadorean plaintiffs move against Chevron in New York, but law does not give him authority "to dictate to the entire world which judgments are entitled to respect and which countries' courts are to be treated as international pariahs."

The judgment came last February after nearly two decades of litigation that stemmed from the poisoning of land in the Ecuadorean rainforest while the oil company Texaco was operating an oil consortium from 1972 to 1990 in the Amazon. Texaco became a wholly owned subsidiary of Chevron in 2001.

Chevron obtained an order from U.S. District Judge Lewis A. Kaplan last March blocking Ecuadorean plaintiffs from trying to collect the $18 billion until he could stage a trial to determine if the judgment was obtained fairly.]]> By Breaking Legal News, Breaking Legal News.

A judge overstepped his authority when he tried to ban enforcement around the world of an $18 billion judgment against Chevron Inc. for environmental damage in Ecuador, a federal appeals court said Thursday as it explained why it lifted the ban last year.

The three-judge panel of the 2nd U.S. Circuit Court of Appeals said the judge has authority to block collection if Ecuadorean plaintiffs move against Chevron in New York, but law does not give him authority "to dictate to the entire world which judgments are entitled to respect and which countries' courts are to be treated as international pariahs."

The judgment came last February after nearly two decades of litigation that stemmed from the poisoning of land in the Ecuadorean rainforest while the oil company Texaco was operating an oil consortium from 1972 to 1990 in the Amazon. Texaco became a wholly owned subsidiary of Chevron in 2001.

Chevron obtained an order from U.S. District Judge Lewis A. Kaplan last March blocking Ecuadorean plaintiffs from trying to collect the $18 billion until he could stage a trial to determine if the judgment was obtained fairly.

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

]]> http://www.lawtipsandinfo.com/ny-court-judge-cant-block-18b-ecuador-judgment/feed/ 0 Court overturns Calif. slaughterhouse law http://www.lawtipsandinfo.com/court-overturns-calif-slaughterhouse-law/ http://www.lawtipsandinfo.com/court-overturns-calif-slaughterhouse-law/#comments Mon, 23 Jan 2012 18:03:04 +0000 Breaking Legal News http://www.breakinglegalnews.com/8898
The high court ruled that the state's 2009 state law was blocked from going into effect by federal law administered by the Agriculture Department's Food Safety and Inspection Service. .

Federal law "precludes California's effort ... to impose new rules, beyond any the FSIS has chosen to adopt, on what a slaughterhouse must do with a pig that becomes non-ambulatory during the production process," said Justice Elena Kagan, who wrote the court's unanimous opinion.

California strengthened regulations against slaughtering so-called "downer" animals after the 2008 release of an undercover Humane Society video showing workers abusing cows at a Southern California slaughterhouse. Under California law, the ban on buying, selling and slaughter of "downer" cattle also extends to pigs, sheep and goats.

But pork producers sued to stop the law, saying the new law interfered with federal laws that require inspections of downed livestock before determining whether they can be used for meat.

]]> By Breaking Legal News, Breaking Legal News.

The Supreme Court on Monday blocked a California law that would require euthanizing downed livestock at federally inspected slaughterhouses to keep the meat out of the nation's food system.

The high court ruled that the state's 2009 state law was blocked from going into effect by federal law administered by the Agriculture Department's Food Safety and Inspection Service. .

Federal law "precludes California's effort ... to impose new rules, beyond any the FSIS has chosen to adopt, on what a slaughterhouse must do with a pig that becomes non-ambulatory during the production process," said Justice Elena Kagan, who wrote the court's unanimous opinion.

California strengthened regulations against slaughtering so-called "downer" animals after the 2008 release of an undercover Humane Society video showing workers abusing cows at a Southern California slaughterhouse. Under California law, the ban on buying, selling and slaughter of "downer" cattle also extends to pigs, sheep and goats.

But pork producers sued to stop the law, saying the new law interfered with federal laws that require inspections of downed livestock before determining whether they can be used for meat.

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

]]> http://www.lawtipsandinfo.com/court-overturns-calif-slaughterhouse-law/feed/ 0 Colo. court weighs energy leases near Utah parks http://www.lawtipsandinfo.com/colo-court-weighs-energy-leases-near-utah-parks/ http://www.lawtipsandinfo.com/colo-court-weighs-energy-leases-near-utah-parks/#comments Thu, 19 Jan 2012 17:34:32 +0000 Breaking Legal News http://www.breakinglegalnews.com/8892
The case before the 10th Circuit Court of Appeals involves leases near Arches and Canyonlands national parks and Dinosaur National Monument that were auctioned off in the final month of the President George W. Bush's administration. Interior Secretary Ken Salazar later canceled the leases and energy companies challenged his decision in court.

Thursday's hearing came after a federal judge ruled in September 2010 that a lawsuit brought by energy producers challenging the cancellation of the 77 oil and gas drilling leases was filed too late. U.S. District Judge Dee Benson ruled the companies failed to file their lawsuit within 90 days of Salazar's February 2009 decision.]]> By Breaking Legal News, Breaking Legal News.

A federal appeals court in Denver was to hear arguments Thursday on the Obama administration's decision to cancel Bush-era oil and gas leases near national parks in Utah, the auction for which prompted an environmental activist to drive up prices with his bidding in an act of civil disobedience.

The case before the 10th Circuit Court of Appeals involves leases near Arches and Canyonlands national parks and Dinosaur National Monument that were auctioned off in the final month of the President George W. Bush's administration. Interior Secretary Ken Salazar later canceled the leases and energy companies challenged his decision in court.

Thursday's hearing came after a federal judge ruled in September 2010 that a lawsuit brought by energy producers challenging the cancellation of the 77 oil and gas drilling leases was filed too late. U.S. District Judge Dee Benson ruled the companies failed to file their lawsuit within 90 days of Salazar's February 2009 decision.

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

]]> http://www.lawtipsandinfo.com/colo-court-weighs-energy-leases-near-utah-parks/feed/ 0 Penn State figures accused of lying head to court http://www.lawtipsandinfo.com/penn-state-figures-accused-of-lying-head-to-court/ http://www.lawtipsandinfo.com/penn-state-figures-accused-of-lying-head-to-court/#comments Wed, 14 Dec 2011 13:56:00 +0000 Breaking Legal News http://www.breakinglegalnews.com/8795
Tim Curley and Gary Schultz face their own pretrial hearing on Friday in Harrisburg, and although the charges are much different, with far less severe potential penalties, their cases could hinge on a man also expected to be a prime witness against Sandusky: assistant football coach Mike McQueary.

McQueary testified that he happened upon "rhythmic, slapping sounds" in the football team locker room showers in March 2002, and looked in to see a naked boy being sodomized by the former defensive coordinator, according to a grand jury presentment.

McQueary, then a 28-year-old graduate assistant, reported what he saw to then-football coach Joe Paterno, the grand jury said. Paterno called Curley, the university's athletic director, the next day, and a week and a half later McQueary met with Curley and Schultz — who oversaw university police in his position as a vice president.]]> By Breaking Legal News, Breaking Legal News.

Jerry Sandusky's decision Tuesday to waive his preliminary hearing shifts the focus in the child sex-abuse scandal to two Penn State administrators accused of failing to properly report suspected abuse and lying to the grand jury investigating Sandusky.

Tim Curley and Gary Schultz face their own pretrial hearing on Friday in Harrisburg, and although the charges are much different, with far less severe potential penalties, their cases could hinge on a man also expected to be a prime witness against Sandusky: assistant football coach Mike McQueary.

McQueary testified that he happened upon "rhythmic, slapping sounds" in the football team locker room showers in March 2002, and looked in to see a naked boy being sodomized by the former defensive coordinator, according to a grand jury presentment.

McQueary, then a 28-year-old graduate assistant, reported what he saw to then-football coach Joe Paterno, the grand jury said. Paterno called Curley, the university's athletic director, the next day, and a week and a half later McQueary met with Curley and Schultz — who oversaw university police in his position as a vice president.

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

]]> http://www.lawtipsandinfo.com/penn-state-figures-accused-of-lying-head-to-court/feed/ 0 NY federal court showdown set over pregnancy pill http://www.lawtipsandinfo.com/ny-federal-court-showdown-set-over-pregnancy-pill/ http://www.lawtipsandinfo.com/ny-federal-court-showdown-set-over-pregnancy-pill/#comments Tue, 13 Dec 2011 18:27:27 +0000 Breaking Legal News http://www.breakinglegalnews.com/8794
The arguments come just a week after Health and Human Services Secretary Kathleen Sebelius overruled scientists at the Food and Drug Administration and announced that the pills would only be available without prescription to those 17 and older who can prove their age. President Barack Obama said he supported the decision regarding a pill that can prevent pregnancy if taken soon enough after unprotected sex.

The Center for Reproductive Rights and other groups have argued that contraceptives are being held to a different and non-scientific standard than other drugs and that politics has played a role in decision making. Social conservatives have said the pill is tantamount to abortion.

Judge Edward Korman was highly critical of the government's handling of the issue when he ordered the FDA two years ago to let 17-year-olds obtain the medication. At the time, he accused the government of letting "political considerations, delays and implausible justifications for decision-making" cloud the approval process.

]]> By Breaking Legal News, Breaking Legal News.

A federal judge in Brooklyn is poised to hear arguments Tuesday over whether the federal government is acting constitutionally in its decisions over the access teenage girls are given to morning-after contraceptive pills.

The arguments come just a week after Health and Human Services Secretary Kathleen Sebelius overruled scientists at the Food and Drug Administration and announced that the pills would only be available without prescription to those 17 and older who can prove their age. President Barack Obama said he supported the decision regarding a pill that can prevent pregnancy if taken soon enough after unprotected sex.

The Center for Reproductive Rights and other groups have argued that contraceptives are being held to a different and non-scientific standard than other drugs and that politics has played a role in decision making. Social conservatives have said the pill is tantamount to abortion.

Judge Edward Korman was highly critical of the government's handling of the issue when he ordered the FDA two years ago to let 17-year-olds obtain the medication. At the time, he accused the government of letting "political considerations, delays and implausible justifications for decision-making" cloud the approval process.

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

]]> http://www.lawtipsandinfo.com/ny-federal-court-showdown-set-over-pregnancy-pill/feed/ 0 Mass. high court to release hiring probe report http://www.lawtipsandinfo.com/mass-high-court-to-release-hiring-probe-report/ http://www.lawtipsandinfo.com/mass-high-court-to-release-hiring-probe-report/#comments Fri, 19 Nov 2010 16:38:20 +0000 Breaking Legal News http://www.breakinglegalnews.com/7468 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.

]]> 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/.

]]> http://www.lawtipsandinfo.com/mass-high-court-to-release-hiring-probe-report/feed/ 0 Calif. court upholds in-state tuition for illegals http://www.lawtipsandinfo.com/calif-court-upholds-in-state-tuition-for-illegals/ http://www.lawtipsandinfo.com/calif-court-upholds-in-state-tuition-for-illegals/#comments Tue, 16 Nov 2010 17:34:22 +0000 Breaking Legal News http://www.breakinglegalnews.com/7454 The California Supreme  Court upheld a state law on Monday allowing illegal immigrants who attend high school in California for three years and graduate to pay lower in-state tuition rates at state colleges and universities.

The unanimous ruling reverses a lower-court decision siding with opponents of the law who said it unfairly favors illegal immigrants over U.S. citizens who live outside California and are charged much higher out-of-state tuition rates.

The measure, passed by the state legislature in 2001, was challenged in court on behalf of students who are U.S. citizens and claimed they were illegally denied the in-state tuition break carved out for undocumented students.

Nine other states have adopted similar tuition laws, and legal challenges are pending in two of them -- Nebraska and Texas, lawyers for both sides in the California case said.

Kris Kobach, attorney for the Immigration Reform Law Institute, which brought the California suit, said Monday's decision was "flawed in numerous ways" and vowed to appeal to the U.S. Supreme Court.

Kobach, whose group estimates more than 25,000 illegal immigrants pay in-state tuition each year under California's statute, said there was a good chance his side would prevail if the nation's high court agreed to hear the case.

]]> By Breaking Legal News, Breaking Legal News.

The California Supreme  Court upheld a state law on Monday allowing illegal immigrants who attend high school in California for three years and graduate to pay lower in-state tuition rates at state colleges and universities.

The unanimous ruling reverses a lower-court decision siding with opponents of the law who said it unfairly favors illegal immigrants over U.S. citizens who live outside California and are charged much higher out-of-state tuition rates.

The measure, passed by the state legislature in 2001, was challenged in court on behalf of students who are U.S. citizens and claimed they were illegally denied the in-state tuition break carved out for undocumented students.

Nine other states have adopted similar tuition laws, and legal challenges are pending in two of them -- Nebraska and Texas, lawyers for both sides in the California case said.

Kris Kobach, attorney for the Immigration Reform Law Institute, which brought the California suit, said Monday's decision was "flawed in numerous ways" and vowed to appeal to the U.S. Supreme Court.

Kobach, whose group estimates more than 25,000 illegal immigrants pay in-state tuition each year under California's statute, said there was a good chance his side would prevail if the nation's high court agreed to hear the case.

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

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