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Virginia's Governor Vetoes Bills On The Death Penalty
Breaking Legal News |
2007/03/27 08:48
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Virginia Governor Timothy M. Kaine announced Monday that he has vetoed five bills promoting the death penalty. House Bill 2750 and House Bill 2347 sought to make the murder of a judge and the murder of a witness in a criminal case, respectively, into capital crimes; Senate Bill 1116 proposed a similar measure. House Bill 2348 and its counterpart Senate Bill 1288 would have made accessories to first degree murder eligible for the death penalty. Kaine acknowledged the seriousness of the targeted offenses but said he did not believe that it was necessary to expand the death penalty "to protect human life or provide for public safety needs." Kaine, a Democrat and a Roman Catholic, ran his 2005 campaign as an anti-death penalty candidate, but said he would not disrupt the current state laws. Monday's vetoes are expected to be overturned by the predominately Republican Virginia General Assembly during a vote on April 4. Virginia currently has the second-highest number of executions in the US after Texas. |
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LV police to pay $1.48 million to settle lawsuit
Breaking Legal News |
2007/03/27 03:55
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Las Vegas police will pay almost 1.5 (M) Million dollars to settle a federal lawsuit alleging a cover-up after an officer's wife hit and killed a bicyclist in 1994.
The lawsuit alleged that 26-year-old Janet Wagner had been drinking -- but that her police officer husband and others delayed contacting the N-H-P. Sheriff Douglas Gillespie says Wagner wasn't at fault -- but that the record-setting settlement addresses the appearance that she got preferential treatment. |
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U.S. top court to rule on child pornography law
Breaking Legal News |
2007/03/26 14:17
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The U.S. Supreme Court said on Monday it would decide whether a federal law prohibiting child pornography illegally infringes on free-speech or other rights guaranteed by the U.S. Constitution. The high court agreed to hear a Bush administration appeal of a ruling that struck down part of the 2003 law as unconstitutional because it was too broad and vague. A so-called pandering provision makes it a crime to promote, distribute or solicit material in a way intended to cause others to believe it contains child pornography. It carries a sentence of at least five years in prison. The Supreme Court in 2002 struck down an earlier version of the law that included computer generated images that appeared to depict minors engaged in sexually explicit conduct. Congress then adopted new legislation in 2003, which President George W. Bush signed into law, in an effort to comply with the Supreme Court's ruling. But a U.S. appeals court in Atlanta ruled the law still did not pass constitutional muster and violated guarantees that the government cannot suppress lawful free speech. The Bush administration told the Supreme Court the ruling interfered with the effort by Congress to suppress the market for child pornography. |
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Judge Denies Class-action Katrina Claim
Breaking Legal News |
2007/03/26 10:32
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A federal judge in Gulfport, Miss., denied class-action status in a Hurricane Katrina damage lawsuit against State Farm insurance company. Judge L.T. Senter Jr., rejected grouping claims in one lawsuit because a "sweeping relief," as he called it, would prevent State Farm from meeting the burden of proof of cause because of "possible variations" in claims.
Claimant Judy Guice had sought the class-action grouping, a move objected to by State Farm, the Biloxi Sun Herald said.
The insurance company fought grouping claims for legal purposes and wants to handle each separately. No two owners, it says, had the same type of loss, whether from wind or water or what ratio of each destroyed homes during the storm.
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Rat poison discovered in samples of pet food
Breaking Legal News |
2007/03/24 11:49
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Investigators have found rat poison in the pet food suspected of killing 15 cats and two dogs, but they can't explain how it got there. Meanwhile, veterinarians and federal regulators predicted that many more pet deaths and illnesses will be linked to the 95 brands of wet pet food voluntarily recalled March 10 by its manufacturer. "I think we're going to see hundreds if not thousands of cases," said Brad Smith, director of the veterinary teaching hospital at UC Davis. "It's going to take some time to sort this out." Menu Foods, the Canadian-owned pet food maker, expanded its recall Friday to all cans and pouches of the recalled brands of "cuts and gravy" foods regardless of when they were manufactured. The first recall was limited to pet foods made after Dec. 3. The discovery of rat poison in pet food was announced Friday by New York state food safety experts who analyzed samples of the commercial pet food provided by the manufacturer. The substance, aminopterin, is not licensed for use as a rat poison in the United States, but it is used for that purpose in other counties. The drug is used in cancer research, and it formerly was used to induce abortions in the United States, scientists said. |
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SAP vows to fight Oracle's lawsuit
Breaking Legal News |
2007/03/24 00:02
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Business software maker SAP AG said Friday that it intends to fight charges of computer theft and espionage made in a federal lawsuit filed by rival Oracle Corp. The Germany-based company issued its response the day after Oracle alleged SAP resorted to high-tech skullduggery to obtain confidential information about Oracle's software. Redwood Shores-based Oracle alleges SAP repeatedly raided its computers so a subsidiary called TomorrowNow can provide product support to Oracle's customers. "SAP will not comment other than to make it clear to our customers, prospects, investors, employees and partners that SAP will aggressively defend against the claims made by Oracle in the lawsuit," spokesman Steve Bauer said in a statement. Oracle has spent more than $20 billion in the past three years in a challenge to SAP's market leadership in business applications software -- programs that automate a wide range of administrative tasks. |
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Farm Sues Taco Bell For Libel Over E-Coli Outbreak
Breaking Legal News |
2007/03/23 10:11
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The Southern California farm that grew the green onions that were first linked to and then cleared in last year‘s E. coli E. coli outbreak has filed a libel lawsuit against Taco Bell Corp. "Taco Bell engaged in an irresponsible and intentional crusade to save its own brand at the expense of an innocent supplier," Thomas Girardi, an attorney for Oxnard-based Boskovich Farms, told the Los Angeles Times. He declined to specify the loss. The lawsuit seeks unspecified damages. "We believed green onions may have been the source based on the presumptive positive testing, so we immediately removed them from our products to put public safety first," the statement said. "We later learned they were not the source of the E. coli outbreak." The lawsuit alleges Taco Bell officials probably knew by Dec. 9 and certainly by Dec. 11 that tests for E. coli in the green onions were negative. The company and FDA officials said Dec. 11 that the green onions were not the source of the disease, and Taco Bell posted a press release Dec. 13 on its Web site that said lettuce appeared to be the most probable source of the outbreak, according to the suit. Creed also said Taco Bell would no longer include green onions as a food ingredient. The lawsuit noted that lettuce remains in about 70 percent of Taco Bell‘s food selections. |
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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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