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Accused White House intruder to appear in court
Breaking Legal News | 2014/09/29 12:51
Following an embarrassing security breach at the White House, one of the most closely protected buildings in the world, the Secret Service is said to be considering establishing new checkpoints to screen tourists in public areas near the presidential mansion.

Meanwhile, the man accused of scaling a security fence and getting into the president's home carrying a knife is scheduled to have his initial appearance Monday in federal court.Omar J. Gonzalez, 42, of Copperas Cove, Texas, is facing charges of unlawfully entering a restricted building or grounds while carrying a deadly or dangerous weapon.

The Army says Gonzalez served from 1997 until his discharge in 2003, and again from 2005 to December 2012, when he retired due to disability.The Secret Service tightened its guard outside the White House after Friday's security breach. Gonzalez is accused of scaling the White House perimeter fence, sprinting across the lawn and entering the building before agents could stop him.

President Barack Obama and his family were away at the time. Obama says he still has confidence in the troubled agency's ability to protect him and his family.Secret Service Director Julia Pierson has ordered increased surveillance and more officer patrols, and has begun an investigation into what went wrong.


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Elite Lawyers | 2014/09/22 13:40
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Case of American jailed in Cuba back in US court
Class Action | 2014/09/22 13:38
An attorney for a Maryland man who has spent over four years jailed in Cuba argued before a federal appeals court that his client should be allowed to sue the U.S. government over his imprisonment.

An attorney for Alan Gross, who was a government subcontractor when he was detained in Cuba in 2009, appeared Friday before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.

A lower court judge dismissed Gross' lawsuit against the government in 2013, but Gross' lawyers appealed.

Gross was arrested while setting up Internet in Cuba as part of a project for the government's U.S. Agency for International Development. Cuba considers USAID's programs illegal attempts by the U.S. to undermine its government and Gross was given a 15-year prison sentence.


Court: IURC erred in approving Duke fee hike
Court Watch | 2014/09/09 15:53
The Indiana Court of Appeals has determined that state utility regulators wrongly approved $61 million in ratepayer fees for the Edwardsport coal gasification plant.

Duke Energy is seeking the money to cover construction costs for the new plant. But Appeals Court Judge James Kirsch wrote in an opinion issued Monday that members of the Indiana Utility Regulatory Commission should have better analyzed arguments from Duke Energy and plant opponents before approving the fee increase.


Duke officials have said a three-month delay led to increased project costs. But opponents led by the Citizens Action Coalition have argued that IURC regulators have been "rubber-stamping" fees and a rate hike sought by Duke.

The case is one of many surrounding the Edwardsport plant that is locked in battle inside the Indiana courts.


Hawaii, Idaho, Nevada gay marriage laws in court
Breaking Legal News | 2014/09/08 15:52
For the first time since it declared California's gay marriage ban unconstitutional, the federal appeals court in San Francisco is readying to hear arguments over same-sex weddings in a political and legal climate that's vastly different than when it overturned Proposition 8 in 2012.

State and federal court judges have been striking down bans in more than a dozen states at a rapid rate since a landmark U.S. Supreme Court ruling last year.

Now, three judges on the 9th U.S. Circuit Court of Appeals — all appointed by Democrats and one of whom wrote the opinion overturning Proposition 8 — are set to hear arguments Monday on gay marriage bans in Idaho, Nevada and Hawaii.

"It seemed like such an uphill battle when I started," said Shannon Minter, legal director for the National Center for Lesbian Rights. "I really couldn't imagine then that we would be where we are now."

Minter has been fighting for gay marriage for 21 years, was instrumental in challenging bans in California and Utah and is representing gay couples seeking to overturn Idaho's prohibition.


Ohio to court: Privatizing prisons in budget is legal
Court Watch | 2014/09/07 15:53
State lawyers tell the Ohio Supreme Court that using a budget bill to privatize state prisons didn’t violate a constitutional provision holding bills to a single subject.In a brief filed today, Ohio said the state’s budget, like any family’s, involves both revenues and expenses — not just appropriations.

The filing comes in a legal dispute with the Ohio Civil Service Employees Association. The prison workers’ union filed suit over privatization in 2012, contending that lawmakers extended beyond the single-subject rule when they used the budget to sell a state prison and turn others over to private operators.

An appellate court agreed, finding in October there was no “rational relationship” between the privatization plan and state spending.The state says privatization saved Ohio money and so had “obvious budget connections.”


Judge accused of hitting wife enters court program
Law Center | 2014/09/06 15:53
A federal judge from Alabama accused of hitting his wife in an Atlanta hotel room can have a misdemeanor battery charge dismissed if he completes a court program that includes domestic violence intervention.

U.S. District Court Judge Mark Fuller will spend up to 24 weeks in the pre-trial diversion program, which also includes an alcohol and substance abuse assessment. Fulton County State Court Chief Magistrate Judge Stephanie Davis on Friday allowed Fuller to enter the program and ordered him to report back to the court on Oct. 14.

Officers were called to the Fullers' room in August at the Ritz Carlton in Atlanta, where a police report said Kelli Fuller answered the door in tears and had cuts on her mouth and forehead. She was treated by paramedics but refused to be taken to the hospital. The room smelled of alcohol, according to the report.

Kelli Fuller told police her husband became violent when she accused him of cheating, pulling her hair, throwing her to the ground, and kicking her. Mark Fuller told officers he threw her to the ground to defend himself after she threw a drink glass at him while he watched television.

During the brief court hearing Friday, Mark Fuller spoke only to answer a question on whether he had agreed to enter the program. He left without speaking with reporters but, in a statement later issued through his attorney, Fuller said he looks forward to addressing the concerns of the court and "hopefully" returning to the bench.


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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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