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Court refuses to consider fantasy baseball dispute
Breaking Legal News | 2008/06/02 08:50
The Supreme Court on Monday refused to step into a dispute between a fantasy sports business and professional baseball.

Without comment, the justices declined to hear the case involving a segment of the $1.5 billion fantasy sports industry in the United States, in which participants manage imaginary teams based on the real-life performances of professional players.

The lawsuit involves C.B.C. Distribution and Marketing Inc., a Missouri company unable to obtain a license from a subsidiary of Major League Baseball to use players' names in C.B.C.'s fantasy baseball games.

The Missouri company sued, saying it did not need a license to continue to sell its fantasy baseball games on its Web site.

The baseball players' union jumped into the case on the league's side, alleging a state law violation of the players' publicity rights — the ability to profit from the commercial use of a person's name.

A federal court and the 8th U.S. Circuit Court of Appeals in St. Louis ruled in favor of the fantasy baseball business, saying that enforcing state law rights would violate C.B.C.'s right of free speech protected by the First Amendment.

The National Football League Players Association supported professional baseball's request that the Supreme Court hear the case.



Class-Action Law Firm Close to a Settlement
Legal Business | 2008/06/02 05:52

Class-action law firm Milberg LLP is close to a settlement that could end a federal prosecution of the firm for alleged kickbacks, according to two people familiar with the discussions. The deal would mark the climax of a case that has roiled the American plaintiff's bar.

While a deal could still fall apart, the sides have made progress after weeks of talks that have centered on the payment Milberg will have to make as part of a settlement. Last summer, prosecutors had sought about $50 million in fines and penalties, but the demand mushroomed this year to about $100 million, say people familiar with the negotiations. Recently, Milberg and prosecutors have zeroed in on a payout in the neighborhood of $75 million, these people say.

The government alleged that the firm paid more than $11 million in kickbacks to clients in exchange for their serving as lead plaintiffs in securities class actions. These payouts allowed the firm to quickly file suits and become lead counsel, prosecutors allege, entitling Milberg to a large share of the fees: some $250 million over more than two decades. The firm, which is scheduled to stand trial in August, has denied wrongdoing.



Swiss voters reject anti-immigration initiative
International | 2008/06/02 05:51
Swiss voters overwhelmingly rejected an anti-immigrant initiative that would have made it harder for foreigners to gain citizenship, according to referendum results released Sunday.

All but one of 26 Swiss cantons (states) rejected the initiative by the nationalistic Swiss People's Party, while in the overall population 63.8 percent voted against it, according to official results.

The initiative was aimed at overturning a Supreme Court ruling that barred the widely denounced practice in some Swiss communities of subjecting citizenship applications to a popular vote.

"The people clearly said: 'We don't want xenophobia and we want direct democracy to respect basic rights,'" Swiss President Pascal Couchepin said on Swiss television SF.

People's Party lawmaker Hans Fehr said he still believed the requirements for Swiss citizenship should be more stringent.



10 states ask Calif. court to delay gay marriage
Law Center | 2008/06/02 01:51
The attorneys general of 10 states are urging the California Supreme Court to delay finalizing its ruling to legalize same-sex marriage.

The attorneys general say in court documents filed Thursday that they have an interest in the case because they would have to determine if their states would recognize the marriage of gay residents who wed in California.

They want the court to stay its ruling until after the November election, when voters likely will decide whether to amend the state constitution to ban gay marriage.

California Attorney General Jerry Brown is urging the court not to grant the stay.

The states involved are Alaska, Colorado, Florida, Idaho, Michigan, Nebraska, New Hampshire, South Carolina, South Dakota and Utah.



Courts Reject Two Major Vioxx Verdicts
Court Watch | 2008/05/30 09:30

Two major court victories for Merck on Thursday pushed the litigation over the painkiller Vioxx closer to conclusion and highlighted the increasing difficulty that plaintiffs’ lawyers were having in winning lawsuits against big drug companies. A state appeals court in Texas overturned a $26 million jury verdict against the company in a lawsuit brought by Carol Ernst, whose husband, Robert, died in 2001 after taking Vioxx. In reversing the verdict, the appeals court found that plaintiffs had not proved that Vioxx caused Mr. Ernst’s death.

Separately, an appeals court in New Jersey sharply reduced a verdict in another Vioxx case. The court ruled that the jury should not have been allowed to award punitive damages against Merck or to find that Merck had committed consumer fraud. Only compensatory damages of $4.5 million were permitted, the court said.

The rulings on Thursday leave lawyers for plaintiffs with just three victories, all with relatively small awards, in the nearly 20 Vioxx cases that have reached juries. Mark Lanier, a plaintiffs’ lawyer who was involved in both cases decided Thursday, criticized the decisions and promised appeals. But plaintiffs face an uphill battle.

Bruce Kuhlik, Merck’s general counsel, said the company was pleased with the rulings.

“Our faith in the judges and the fairness of the process has been well placed,” he said.

Thursday’s ruling may further discourage lawyers from pursuing lawsuits against drug makers. Already, plaintiffs’ lawyers are nervously awaiting a Supreme Court ruling in a case that will be heard this fall and could bar most lawsuits against companies for injuries said to be caused by prescription medicines approved by the Food and Drug Administration.



Brazil's top court approves stem cell research
Biotech | 2008/05/30 09:27
Brazil's Supreme Court ruled Thursday that scientists can conduct embryonic stem cell research, which holds the promise of curing Parkinson's disease and diabetes but raises ethical concerns about the limits on human life.

Six of the court's 11 justices upheld a 2005 law allowing embryonic stem cell research and turned down a petition filed that same year by then-Attorney General Claudio Fontelles, who argued the law was unconstitutional because it violates the right to life.

The remaining five judges argued that while the 2005 law is constitutional, research should only be carried out "with restrictions" such as not allowing the embryo to be destroyed and submitting each case for the approval of an ethics commission.

The ruling drew immediate fire from church officials in the world's largest Roman Catholic country.

The National Conference of Brazilian Bishops issued a statement saying it "regretted" the ruling, comparing it to a death sentence. The bishops' conference said its position "is not a matter of religion, but of the defense of human life, beginning with conception."

The law opens the way for research with embryos resulting from in-vitro fertilization that have been frozen for at least three years.

Advocates have said that a favorable Supreme Court ruling could make Brazil Latin America's leader in stem cell research.

They praise Brazilian scientists for their work with adult stem cells for the treatment of cardiovascular diseases and Type 1 diabetes, and have said that similar breakthroughs could be achieved with embryonic stem cells.



Son of India politician sentenced to life in prison
International | 2008/05/30 06:27
A New Delhi court sentenced a wealthy Indian politician's son to life in prison Friday for the murder of his sister's boyfriend in a case seen as a test of the justice system's ability to take on the powerful.

Earlier in the week the court convicted Vikas Yadav in the abduction and murder of Nitish Katara in 2002. His cousin, Vishal Yadav, was also convicted.

The prosecution said the defendants killed Katara because they did not approve of his relationship with Vikas Yadav's sister, Bharti. The court said Friday the case did not merit the death sentence under Indian law.

A lawyer representing the Katara family, Kamini Jaiswal, told the CNN-IBN news channel she was satisfied with the sentence, while Yadav's lawyer, K.N. Balgopal told reporters they would appeal the conviction.

Vikas Yadav's father, Dharam Pal Yadav, is a wealthy and powerful lawmaker from India's Uttar Pradesh state, notorious for strongmen who dominate state politics using money, power and harassment to further their interests.

The case was seen as a bellwether of the courts' ability and willingness to take on powerful figures who often use bribery and influence to escape punishment.

Katara, then 24, was last seen the night before he was killed, attending a wedding with Bharti. His badly charred body was found later.

In most parts of largely conservative India, romantic relationships without parental approval are frowned upon and even considered an affront to family honor.



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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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