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Court records in teacher killing show a couple at war
Law Center |
2010/02/01 09:02
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Long before teacher Tetyana Nikitina was shot to death Friday, she said she feared for her life. In fact, according to divorce records filed in 2005, the 34-year-old Ukranian immigrant also said she was terrified her then-husband would kill their two children. Nikitina was gunned down Friday afternoon as she left the Salt Lake Head Start school where she worked. Police say she was fatally shot by her former mother-in-law, 70-year-old Mary Nance Hanson. Unified Police executed a search warrant Monday on the Taylorsville home of Nikitina's ex-husband and Hanson's son, Dale Jankowski. Police said they hoped they could piece together the circumstances that led to Nikitina's death. For his part, Jankowski said in voluminous divorce records filed in 3rd District Court that Nikitina was trying to set him up with false accusations of domestic abuse, and he was deeply afraid that she would flee the United States with their children — which resulted in a battle over the children's passports. "There is no label for him (such as person of interest)," Unified Police Lt. Don Hutson said. "He is just a relative of the suspect." Hutson said investigators are interested in the relationship Nikitina had with Hanson, who called 911 after the shooting.
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Court upholds state's death penalty
Court Watch |
2010/02/01 09:02
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Delaware's death penalty was upheld as constitutional on Monday, paving the way for executions -- on hold since May 2006 -- to resume. Delaware Attorney General Beau Biden said Monday he was pleased the court ruled that Delaware is meeting its constitutional obligations and that his office will be working with Superior Court to begin "scheduling executions as appropriate." Biden said the three-year delay "caused uncertainty, and I'm glad this has resolved that uncertainty
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In its 47-page opinion, the 3rd U.S. Circuit Court of Appeals warned Delaware about "the worrisome course it appears to have taken at times" in executions.
"The record before us reflects an occasional blitheness on Delaware's part that, while perhaps not unconstitutional, gives us great pause. We remind Delaware not only of its constitutional obligation ... but also of its moral obligation to carry out executions with the degree of seriousness and respect that the state-administered termination of human life demands," Circuit Judge D. Michael Fisher wrote on behalf of the panel. Attorney Michael Wiseman of the Federal Community Defender's office in Philadelphia -- which represents Delaware's 18 death-row inmates in the class-action lawsuit -- declined to comment Monday, saying he was still reviewing the opinion. In court papers, attorneys for Delaware's condemned inmates detailed problems during executions, including inadequate qualifications and training of execution team members, improper dosages of the lethal injection drugs and odd procedures such as the execution team mixing drugs in the dark. Attorneys for Delaware inmates essentially charged that because of the state's history of mistakes and because it didn't follow its own rules in past executions, there was significant doubt that the state could properly follow new court-approved rules to execute inmates without unnecessary suffering.
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Extended Stay court examiner seeks more time
Bankruptcy |
2010/02/01 09:01
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Ralph Mabey, a former bankruptcy judge who was appointed as the examiner, said he was seeking an additional 21 days to conduct the investigation, as he has had some difficulty in obtaining necessary witnesses, documents and other information that he had hoped to obtain consensually. The examiner, who was originally expected to file his report on February 19, asked for a delay until March 12. Extended Stay filed for bankruptcy protection in June saying it was "significantly over-leveraged" and that projected cash flows could not continue to service its more than $7 billion in debt. In September, a U.S. bankruptcy judge approved a request by the U.S. Trustee for an examiner to be hired to probe questions surrounding the purchase and financing of the lodging chain. The examiner is tasked with looking into the acquisition of Extended Stay by David Lichtenstein's Lightstone Group, which had purchased the chain of 680 hotels from a Blackstone Group LP (BX.N) affiliate, prior to its bankruptcy.
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WaMu shareholders get their voice in bankruptcy
Bankruptcy |
2010/01/29 08:09
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Shareholders of Washington Mutual Inc will have a voice in the company's bankruptcy after a judge refused on Thursday to disband their committee, which Washington Mutual said would complicate the case. The U.S. Trustee, who plays an oversight role in bankruptcy, appointed the committee earlier this month after being petitioned by 3,500 shareholders. The company immediately asked the court to disband it. The committee will be able to speak with a unified voice and hire professionals, who would be paid by the company. Washington Mutual has said since it filed for bankruptcy in 2008 that it is hopelessly insolvent, and therefore there is no need for an official committees of shareholders.
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Man accused of keeping arsenal due in NJ court
Court Watch |
2010/01/29 08:09
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A man who authorities say had a cache of weapons and a map of an Army base in a New Jersey motel room is due in court on Friday. Lloyd Woodson was arrested Monday after a convenience store clerk in Branchburg called police to report he was acting strangely. Police say Woodson was wearing a bulletproof vest and carrying an assault rifle. Officers found weapons including a grenade launcher and a map of New York's Fort Drum in his motel room. Woodson is charged with state and federal weapons violations. Authorities have not said whether they think he was planning an attack. The FBI said Woodson has no known terrorist connections. |
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Court rejects NH's claim to $110M malpractice fund
Law Center |
2010/01/29 06:10
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The New Hampshire Supreme Court on Thursday put a dent in the state budget by rejecting the state's claim to $110 million in surplus from a fund that underwrites medical malpractice insurance. In a 3-2 decision, the court upheld policyholders' claim they had a constitutionally protected contractual right to the money. The court said the state could not change its law to apply retrospectively to contracts with policyholders. "I'm disappointed. I thought it was going to be a close call to begin with," said Gov. John Lynch. "We'll manage through it." Lynch said the decision means the state will have to find $45 million over the next 17 months. He was not specific on what he will do. Republicans, who are in the minority in the Legislature, have repeatedly called the state's claim an attempt to "steal" money from doctors and health care providers.
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High court's ruling is a blow to campaign finance reform
Breaking Legal News |
2010/01/28 14:50
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A conservative legal foundation on Wednesday asked federal regulators to give a green light to corporations and unions to begin spending their treasuries to influence this year's congressional elections. The James Madison Center for Free Speech asked the Federal Election Commission to formally throw out its rules that restrict corporate and union spending on politics, saying the step is needed to implement last week's Supreme Court decision that freed such groups to get more directly involved in election campaigns. "This is an election year," said James Bopp, the center's attorney. "Speakers will want to exercise the First Amendment rights to political speech" outlined in last week's decision, he said, "so the FEC should adopt these regulations quickly." Without a formal declaration by the FEC, Bopp said, advocacy groups will be hesitant to take full advantage of the new leeway the Supreme Court granted in last week's controversial 5-4 ruling, fearing they might be subject to enforcement action. |
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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. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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