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Family files lawsuit against hospital and city in death
Law Center | 2016/07/23 10:04
An attorney for a Florida man charged with fatally shooting a patient and employee at a hospital in an apparent random attack says his client is severely mentally ill.

Harley Gutin is an attorney for 29-year-old David Owens. He said Monday that his client is incompetent to stand trial.

Titusville, Florida, police say Owens entered Parrish Medical Center early Sunday and fatally shot 88-year-old patient Cynthia Zingsheim and employee Carrie Rouzer, who was sitting in Zingsheim's room. Owens has been charged with two counts of murder and is being held at the county jail.

Gutin says Owen's family had been trying desperately in recent weeks to get him long-term mental health care.

Gutin says he has no idea how Owens was able to get a gun.



Kansas court upholds death sentence for sheriff's killing
Breaking Legal News | 2016/07/23 10:03
The Kansas Supreme Court on Friday upheld the death sentence imposed against a man who fatally shot a sheriff during a 2005 drug raid.

Kansas hasn't executed anyone in more than 50 years, and Friday's decision in Scott Cheever's case is only the second time the court has upheld a death sentence under the state's 1994 capital punishment law.

An execution by lethal injection isn't likely to be scheduled soon, but state Attorney General Derek Schmidt said in a statement, "today's ruling marks the end of the first line of appeals in this case."

Cheever acknowledged shooting Greenwood County Sheriff Matt Samuels as Samuels tried to serve a warrant at a rural home about 75 miles northeast of Wichita, but Cheever's attorney argued that he was too high on methamphetamine for the crime to be premeditated.

The slain sheriff's son, Heath Samuels, is now serving as interim sheriff in his father's old job in Greenwood County. He said he was "very excited" to see the court system still works. The family supports the death penalty, he said.


Philippine court clears Arroyo of plunder, orders her freed
Law Center | 2016/07/21 10:04
The Philippine Supreme Court on Tuesday dismissed a plunder case against former President Gloria Macapagal Arroyo and ordered her freed immediately after nearly five years of hospital detention — a decision the grateful ex-leader indicated can help her deal with those who "through self-serving interpretation and implementation of the law" made her suffer.

The 15 justices voted 11-4 to grant Arroyo's petition seeking to dismiss the case before the special anti-graft Sandiganbayan court because of insufficient evidence, Supreme Court spokesman Theodore Te said. The case involved the alleged misuse of 366 million pesos ($7.8 million) from the state lottery agency, the Philippine Charity Sweepstakes Office.

Arroyo thanked the court "for finally stopping the persecution I had unjustly gone through the last five years" and President Rodrigo Duterte "for allowing due process to take its course."

She released a statement while still detained in the hospital, with the serving of the court's order for an immediate release apparently delayed by paperwork.

"It is my fervent hope that nobody else will suffer the persecution that had been levied on me through self-serving interpretation and implementation of the law," she said. "And that the disregard for truth for which I was made to suffer be dealt with accordingly at the soonest possible time."

Arroyo was detained under former President Benigno Aquino III, who accused her of corruption and misrule. Aquino's successor, Duterte, however, has said the plunder case against her was weak. She rejected his offer of a pardon because it would require that she be first convicted, preferring to fight the allegation.

Aquino has not commented on the court decision. But his former justice secretary and now Senator Leila de Lima said the Supreme Court seems to have assumed a role as a "trier of facts" in the case, supplanting the anti-graft court's assessment when it declared there was insufficient evidence of guilt.




Lawyer: Clinton already answered every question on email use
Court Watch | 2016/07/18 10:05
Hillary Clinton's lawyer told a federal judge Monday that the presumptive Democratic presidential nominee has already answered enough questions about her use of a private email server while serving as secretary of state.

David Kendall appeared at a hearing on whether a conservative legal group should be granted its request to interview Clinton under oath. The group, Judicial Watch, has filed multiple lawsuits seeking records related to Clinton's tenure as the nation's top diplomat from 2009 to 2013.

If allowed, a videotaped sworn deposition by Clinton would likely become fodder for attack ads in the presidential race. Republican officials have said repeatedly they plan to hammer the issue of her emails through the November election.

Kendall told U.S. District Court Judge Emmet G. Sullivan that Clinton has previously testified under oath before the congressional committee investigating the 2012 Benghazi attacks and was interviewed for hours as part of the FBI's recently closed criminal investigation. Both times Clinton said her choice to use a private server located in the basement of her New York home was motivated by convenience, not any attempt to thwart potential public-records requests.


Court rules against White House science office in email case
Business | 2016/07/12 12:13
A federal appeals court ruled Tuesday that work-related emails from a private account used by the White House's top science adviser are subject to disclosure under federal open records laws.

The ruling from the three-judge panel is a win for government watchdog groups and media organizations concerned that public officials may be skirting public disclosure requirements by relying on private email.

The court sided with a conservative think tank that had filed a lawsuit seeking emails from John Holdren, director of the White House Office of Science and Technology Policy. The decision overturns a lower court judge that said Holdren's office did not have to comply with the Freedom of Information Act request from the Competitive Enterprise Institute.





Senate confirms district court judge for New Jersey
Court Watch | 2016/07/12 12:12
The Senate has confirmed President Barack Obama's nominee for the U.S. District Court for the district of New Jersey.

The vote was 92-5 on Wednesday for Brian Martinotti, who has served as a judge on the Superior Court of New Jersey since 2002. Obama nominated him to the district court post in June 2015.

Martinotti worked from 1987 to 2002 at the law firm of Beattie Padovano LLC, where he was elevated to partner in 1994. While at the firm, Martinotti also served as a councilmember for the borough of Cliffside Park from 1991 to 2002.

He was a law clerk to Judge Roger M. Kahn of the New Jersey Tax Court from 1986 to 1987.


Candidate filing begins Monday for appeals court seat
Criminal Law | 2016/07/12 12:10
Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.

The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.

Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.

The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.



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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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