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Court schedules night deer hunting arguments
Attorneys in the News | 2014/08/05 15:03
Wisconsin's Chippewa tribes will get a chance next month to tell a federal appeals court why members should be allowed to hunt deer at night.State officials have long banned night hunts out of safety concerns.

U.S. District Judge Barbara Crabb ruled in the early 1990s that the ban applies to Chippewa hunters.The tribes asked Crabb in 2012 to reconsider her decision but she refused.

The Chippewa have since asked the 7th Circuit Court of Appeals in Chicago to allow tribal night hunts, arguing night hunting has become more common and the state can't argue it's unsafe.

The court has set oral arguments for Sept. 16. The tribes and state attorneys will each get 20 minutes to speak. It's not clear when the court might rule.


Clark & Fox Launches New Website
Legal Business | 2014/08/01 13:41


John M. Clark, Michael Fox, Georgia S. Foerstner and Erin Nulty are pleased to announce the formation and opening of Clark & Fox (www.clarkfoxlaw.com) , a law firm solely serving and representing the insurance industry. Patrick J Reilly, III and Megan Foster join them as associates, and Scott Patterson as Of Counsel. Clark & Fox brings over 80 years of collective experience in representing and servicing the insurance industry, including doing so in complex liability defense matters, reinsurance/coverage cases and investigating and prosecuting insurance fraud for state and local law enforcement. All of the attorneys also have its extensive and intimate knowledge of the London insurance market. Founders John M. Clark and Michael Fox both participated in the Secondee Counsel Program with Lloyd’s of London syndicates serving as in-house counsel.

"I am thrilled to start a company with these attorneys and staff,” says co-founder, President and CEO John M. Clark. "The strong insurance background of attorneys and staff demonstrate a penchant for helping insurance companies of all sizes both domestically and internationally with all of their needs. We truly appreciate and understand through all of our experience the insurance industry’s unique needs and we can assist and partner with them to achieve their goals in an efficient and cost effective manner."

Although its main offices will be based in New Jersey and Pennsylvania, the firm will have a national presence with offices also located in New York City, Cleveland Ohio and Maryland\Washington DC. The firm will be solely focused on representing and servicing the insurance industry. The firm provides practical and efficient solutions to the legal issues faced by insurance carriers of all sizes in today's complex and fast-paced litigation friendly environment.

Whether the need is for Clark & Fox team to represent an insured in a complex liability manner or provide counseling and advice on a complicated reinsurance or insurance coverage issue, our experience and expertise in insurance leveraged with our state of the art technology allows us to be flexible to meet our clients needs. We partner with our clients and leverage our industry knowledge, contacts and technology to provide effective and business oriented counseling in ways that often go beyond traditional legal advice. In addition, we are also there if our clients need us to vigorously defend and represent their interests in complex and contentious litigation.

Its co-founder, President and Chief Executive Officer, John M. Clark, will lead the firm. Georgia S. Foerstner, Vice President and Chief Operating Officer will be responsible for the day-to-day management of the firm's attorneys and staff.

For more information about Clark & Fox please visit www.clarkfoxlaw.com. Also, you may contact any of the partners as follows:

John M. Clark jclark@clarkfoxlaw.com or 856-288-2403
Michael Fox at mfox@clarkfoxlaw.com or 856-345-0374
Georgia S. Foerstner at gfoerstner@clarkfoxlaw.com or 856-345-0377
Erin Nulty enulty@clarkfoxlaw.com or 856-432-1570

   


Brown appoints legal affairs aide to appeals court
Court Watch | 2014/07/28 11:57
Gov. Jerry Brown has named a senior aide to become an associate justice on the Sacramento-based Third District Court of Appeal.

Brown announced the appointment of Jonathan Renner on Friday.

The 44-year-old Democrat from Sacramento has been Brown's legal affairs secretary since 2011.

He was senior assistant attorney general at the California Department of Justice from 2009 to 2010, when Brown was the state's attorney general. Renner previously held other high-ranking positions within the attorney general's office.

The appointment requires confirmation by the Commission on Judicial Appointments. It includes the current attorney general, Kamala Harris, and Chief Justice Tani Cantil-Sakauye ("TAWNY canTILL SOCK-a-OO-ay").

If confirmed, Renner will begin his term Jan. 5. He would fill the vacancy created when Cantil-Sakauye moved to the California Supreme Court.


German court receives suit against EU bank union
Elite Lawyers | 2014/07/28 11:54
A group of German professors has filed a complaint to the country's highest court against the European Union's plans to create a so-called banking union, a central part of the effort to make the continent's financial system more resilient.

The Federal Constitutional Court said Monday it had received the complaint. It wasn't clear when the court might rule; verdicts on previous attempts to block measures meant to stem Europe's debt crisis took at least several months.

The group behind the complaint says the banking union "has no legal basis in the European treaties."

It objects to handing the European Central Bank direct supervision of the eurozone's biggest lenders with binding powers over national authorities, and opposes plans for a separate authority with the power to dissolve or restructure failing banks.


Court further limits reach of gas drilling law
Class Action | 2014/07/21 15:29
A Pennsylvania court has further limited the reach of a major 2012 law that modernized drilling regulations, ruling Thursday that state public utility regulators cannot review how local zoning restrictions affect the natural gas industry.

The Commonwealth Court decision threw out the Public Utility Commission's newly authorized power to withhold drilling fee revenue from municipalities whose zoning it deems to illegally restrict drilling activity.

The decision is another blow to an effort by Gov. Tom Corbett and the Republican-controlled Legislature to respond to the drilling industry's complaints about municipal zoning. It follows a state Supreme Court ruling in December that said the law could not strip local zoning authority over drilling activity, such as the placement of rigs, pipelines, waste pits and compressor stations.

John M. Smith, a Pittsburgh-area lawyer who helped represent the seven municipalities that sued, said they were pleased that the court "once again protected the rights of local governments and Pennsylvania citizens."

The Commonwealth Court ruling rejected three other challenges in the lawsuit to elements of the sprawling law.

Those three victories led Corbett's office to say the opinion "speaks volumes to the constitutionality of state regulation of oil and gas activities." A spokesman would only say that the office is evaluating the impact of the ruling on the intended role of the utility commission.


Montana court sends wind farm clash to California
Court Watch | 2014/07/21 15:28

A dispute over a Montana wind farm's potential to harm nearby nesting eagles and other birds should be heard in California, the Montana Supreme Court said Friday, in an opinion that deals a legal setback to the project's developers.

The legal row over the Rim Rock wind farm near Cut Bank began last year, when San Diego Gas & Electric accused developer NaturEner of concealing the possibility that eagles and other birds could be harmed by the 126-turbine project.

NaturEner, whose parent company is based in Spain, filed a competing lawsuit in Montana. Its attorneys alleged SDG&E was trying to get out of an unfavorable contract and using the eagle issue as an excuse.

The Rim Rock wind farm is near an area with seven golden eagle nests and Montana's densest concentration of ferruginous hawks. Under federal law, a take permit is required for activities that could injure, kill or otherwise harm protected birds such as eagles.

SDG&E alleges federal officials recommended to NaturEner that the wind farm needed such a permit. NaturEner has denied the claim.

Montana District Judge Brenda Gilbert ruled in May that the case should be heard in Montana because of Rim Rock's importance to the economies of Glacier and Toole counties. She also issued an injunction requiring the utility to pay NaturEner nearly $2 million a month.


Appeals court to take up Missouri execution case
Breaking Legal News | 2014/07/17 11:17
A last-minute stay from a federal judge has put a Missouri inmate's execution temporarily on hold.

John Middleton was scheduled to die one minute after midnight Wednesday for killing three people in rural northern Missouri in 1995. With less than two hours to go before the execution, U.S. District Judge Catherine Perry granted a stay, ruling there was enough evidence of mental illness that a new hearing should be held.

Courts have established that executing the mentally ill is unconstitutional.

Missouri Attorney General Chris Koster appealed to the 8th U.S. Circuit Court of Appeals, but that court adjourned for the night without a ruling.

It was a confusing end to a day that saw a flurry of court actions. Perry first granted a stay early Tuesday, but that was overturned by the appeals court. The U.S. Supreme Court refused to overturn the appeals court ruling and declined to halt the execution on several other grounds, including the contention by Middleton's attorneys that he was innocent of the crimes.

Middleton's attorneys then went back to Perry, who once again granted a stay.

However the appeals court eventually rules, the case is likely to end up again in the U.S. Supreme Court.

If the stay is lifted, the state could execute Middleton at any time Wednesday. The death warrant expires at midnight Thursday and if Middleton is not executed by then, the Missouri Supreme Court would have to set a new date. State witnesses and media were told to report back to the prison by 10:30 a.m.

Middleton, 54, would be the sixth man put to death in Missouri this year — only Florida and Texas have performed more executions in 2014 with seven each.


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   Legal Resource
Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. Medicare fraud advanced prosthetic devices
 
 
 
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