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Minn. court declares Franken leading vote-getter
Breaking Legal News | 2009/04/14 08:32
A Minnesota court confirmed Monday that Democrat Al Franken won the most votes in his 2008 Senate race against Republican Norm Coleman, who immediately announced plans to appeal the decision.


Coleman has 10 days to appeal to the state Supreme Court. Once the petition is filed, it could further delay the seating of Minnesota's second senator for weeks.

"It's time that Minnesota like every other state have two" senators, a jovial Franken said outside his Minneapolis townhouse with his wife Franni at his side. "I would call on Senator Coleman to allow me to get to work for the people of Minnesota as soon as possible."

After a statewide recount and seven-week trial, Franken stands 312 votes ahead. He gained more votes from the election challenge than Coleman, the candidate who brought the legal action.

The state law under which Coleman sued required three judges to determine who got the most votes and is therefore entitled to an election certificate, which is now on hold pending an appeal.

"The overwhelming weight of the evidence indicates that the November 4, 2008, election was conducted fairly, impartially and accurately," the judges wrote. "There is no evidence of a systematic problem of disenfranchisement in the state's election system, including in its absentee-balloting procedures."



Iowa, Vermont gay marriages spark debate in Calif.
Breaking Legal News | 2009/04/09 08:53
Both sides of the gay marriage ban approved by California voters are debating how Iowa and Vermont's recent moves to allow same-sex unions will affect their state's running legal battle.


Gay marriage supporters are particularly interested in the Iowa Supreme Court's ruling, which they hope will sway the California Supreme Court to overturn the ballot measure voters passed with 52 percent of the vote in November.

But opponents say the Iowa decision should have no bearing on the essential issue before the high court: Whether voters have the right to amend California's constitution at the polls.

California's Proposition 8, similar to laws in 29 other states that ban gay marriage, was the most expensive ballot measure in the nation, with $83 million poured into campaigns on either side.

The measure was introduced largely as a reaction to the California Supreme Court's decision in May to legalize same-sex unions. That ruling was extensively cited by Iowa justices in their decision released Friday.

California's highly anticipated ruling on Proposition 8 could come any time before June 3. Some 18,000 gay and lesbian couples were wed in the 4 1/2 months it was legal to do so in California.

Shannon Minter, legal director of the National Center for Lesbian Rights, who led the challenge to Proposition 8 in oral arguments before the California court last month, was jubilant Tuesday after Vermont joined Massachusetts, Connecticut and Iowa as the fourth state to allow gay marriage.



3.5M award reviewed over crooked Pa. judges' role
Breaking Legal News | 2009/04/08 05:27
Pennsylvania's highest court is revisiting a $3.5 million defamation verdict against The Citizens' Voice newspaper because of the role played in it by two former judges at the center of a juvenile justice scandal.


The state Supreme Court on Tuesday appointed a judge to examine the Wilkes-Barre newspaper's claim that corruption was involved in the handling of the lawsuit against it by a businessman and one of his companies. The court wants the judge to recommend whether a new trial is warranted.

The court's order says the newspaper has offered new evidence suggesting irregularities in how the case was handled because of the involvement of former Luzerne County Judges Mark Ciavarella (shiv-uh-REL'-uh) and Michael Conahan.

Ciavarella and Conahan have pleaded guilty to federal fraud charges. Prosecutors say they took kickbacks from private juvenile detention centers.



Court rules against Navajo Nation in coal case
Breaking Legal News | 2009/04/06 09:54
The Supreme Court has ruled against the Navajo Nation for a second time in its battle with the federal government over whether the tribe should have gotten more money for coal on its land.


The high court, in an unanimous opinion Monday, reversed a decision by the U.S. Court of Appeals for the Federal Circuit, ending the tribe's fight with the government.

"Today we hold, once again, that the tribe's claim for compensation fails," said Justice Antonin Scalia, writing for the court. "This matter should now be regarded as closed."

The sprawling Navajo reservation, which is the nation's largest, covers part of New Mexico, Arizona and Utah. The Peabody Coal Co. has mined coal on tribal lands for decades, paying the tribe taxes and mineral royalties.

In 1985, the tribe alleged that Peabody conspired with then-Interior Secretary Donald Hodel to persuade the tribe to accept a lower royalty than other government officials believed the tribe should be paid.



Iowa court says gay marriage ban unconstitutional
Breaking Legal News | 2009/04/03 08:00
The Iowa Supreme Court issued a unanimous ruling Friday finding that the state's same-sex marriage ban violates the constitutional rights of gay and lesbian couples, making Iowa the third state where marriage is legal.


In its decision, the court upheld a 2007 district court judge's ruling that the law violates the state constitution. It strikes the language from Iowa code limiting marriage to only between a man a woman.

"The court reaffirmed that a statute inconsistent with the Iowa constitution must be declared void even though it may be supported by strong and deep-seated traditional beliefs and popular opinion," said a summary of the ruling issued by the court.

The ruling set off celebration among the state's gay-marriage proponents.

"Iowa is about justice, and that's what happened here today," said Laura Fefchak, who was hosting a verdict party in the Des Moines suburb of Urbandale with partner of 13 years, Nancy Robinson.



Ex-Madoff customers seek swindler's personal assets
Breaking Legal News | 2009/04/02 07:56
Some of jailed swindler Bernard Madoff's defrauded customers moved on Wednesday to try and get access to his personal assets and any other items that may have been transferred to his family or other people.


Papers filed in U.S. District Court in Manhattan in the civil case against Madoff, 70, asked a judge to include personal assets among those of his firm being gathered under the auspices of a bankruptcy court to pay back fraud victims.

A court-appointed trustee is winding down Bernard L. Madoff Investment Securities LLC to find assets to sell to return money to thousands of his former customers. But there is no trustee of personal assets of the man who pleaded guilty on March 12 to running Wall Street's biggest investment fraud.

"The recovery of Madoff's assets which may have been been transferred to family members or third parties may be more easily recovered in a bankruptcy proceeding for Madoff himself, rather than less directly in the bankruptcy case of the Madoff securities firm," said Jonathan Landers, a lawyer for scores of Madoff customers represented by Milberg LLP and Seeger Weiss LLP, which filed the request.



Court ends Philip Morris appeal of $79.5M award
Breaking Legal News | 2009/03/31 09:33
The Supreme Court on Tuesday threw out a cigarette maker's appeal of a $79.5 million award to a smoker's widow, ending a 10-year legal fight to keep her from collecting.


In a one-sentence order, the court left in place a ruling by the Oregon Supreme Court in favor of Mayola Williams. The state court has repeatedly upheld a verdict against Altria Group Inc.'s Philip Morris USA in a fraud trial in 1999.

The judgment has grown to more than $155 million with interest, and Williams stands to collect between $60 million and $65 million, before taxes and payments to her lawyers, said Robert Peck, her Washington-based lawyer.

The justices heard arguments in the case in December, but said Tuesday that they are not passing judgment on the legal issues that were presented. Instead, it is as if the court had declined to hear the case at all.

Philip Morris had argued that the award should be thrown out and a new trial ordered because of flaws in the instructions given jurors before their deliberations.

Business interests had once hoped the high court would use the case to set firm limits on the award of punitive damages, intended to punish a defendant for its behavior and deter a repeat offense.

Peck said the court has signaled a willingness to allow large awards in certain circumstances. "I think we can take from this long tale that if the behavior is sufficiently reprehensible, then larger awards are merited," Peck said.



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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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