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Chicago's tough new gun ordinance goes into effect
Breaking Legal News |
2010/07/12 09:20
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A new gun ordinance in Chicago that officials say is the strictest of its kind in the country went into effect on Monday. The ordinance was pushed through quickly by Mayor Richard Daley and the City Council after the U.S. Supreme Court last month made the city's 28-year-old handgun ban unenforceable. The high court ruled that Americans have the right to have guns in their homes for protection. The ordinance permits residents to have only one working gun at a time in their homes and prohibits them from stepping outside, even onto their porches or in their garages, with a handgun. Following the lead of Washington, D.C., which enacted a strict ordinance after the Supreme Court struck down its gun ban two years ago, Chicago also requires prospective gun owners to take a class and receive firearms training. Chicago's ordinance also bans gun shops from setting up shop in the city and bars anyone convicted of a violent crime, domestic violence or two or more convictions for driving under the influence of alcohol or drugs from owning a handgun. Also starting Monday is a 90-day grace period in which residents who owned handguns illegally during the ban can register them without penalty. Chicago's ordinance was widely criticized by gun rights advocates, who have said the city is simply trying to make it as difficult as it can for people to own guns and putting up unconstitutional roadblocks in their way. They promised lawsuits and last week, even before the ordinance went into effect, at least two lawsuits were filed challenging the constitutionality of the ordinance.
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Violent protests after Calif train killing verdict
Breaking Legal News |
2010/07/09 09:31
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The U.S. Department of Justice's civil rights division will investigate a white Oakland police officer accused of killing an unarmed black man on a crowded train platform, a case reminiscent of the racially charged 1992 police beating of Rodney King. The federal government said it will step in after officer Johannes Mehserle was convicted Thursday of a lesser involuntary manslaughter charge, touching off angry protests that damaged stores and netted dozens of arrests. The justice department's civil rights division will conduct the review along with the U.S. Attorney's Office in San Francisco and the FBI, said spokesman Alejandro Miyar, who declined further comment. The investigation will determine whether the case warrants federal prosecution Federal officials planned to begin their review at the conclusion of the state's case against Mehserle, who still faces sentencing. The next hearing was set for Aug. 6. The Los Angeles jury's verdict raised concerns of a repeat of the rioting that followed the shooting on New Year's Day in 2009 on an Oakland train platform. The trial was moved to Los Angeles following the riots.
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Appeals court to hear drilling moratorium case
Breaking Legal News |
2010/07/08 09:16
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A federal appeals court is set to hear the Justice Department's bid to delay a judge's decision to overturn a six-month deepwater drilling moratorium. A three-judge panel from the 5th U.S. Circuit Court of Appeals in New Orleans is scheduled to hear arguments Thursday from lawyers on both sides of a lawsuit filed by companies that oppose the Obama administration's temporary drilling ban. The Interior Department says it halted new permits for deepwater projects and suspended drilling on 33 exploratory wells to protect the Gulf of Mexico from another environmental disaster while it studies the risks of deepwater drilling. The government is asking the 5th Circuit panel for an order that would keep the moratorium in place while they appeal last month's ruling.
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Ky. man pleads guilty to threatening Obama in poem
Breaking Legal News |
2010/07/07 06:14
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A Kentucky man has pleaded guilty to writing and posting on a white supremacist website a poem threatening the assassination of President Barack Obama. Johnny Logan Spencer Jr. of Louisville entered an open plea — admitting guilt without a deal with prosecutors — Tuesday in U.S. District Court in Louisville. The 28-year-old Spencer's sentencing is set for Nov. 2. The charge carries a maximum of five years in federal prison, a $250,000 fine and three years of supervised release. U.S. Secret Service Special Agent Stephan M. Pazenzia said in an affidavit that Spencer wrote and posted the poem, titled "The Sniper," on a page called NewSaxon.org. The poem describes a gunman shooting and killing a "tyrant" later identified as the president, setting off panic.
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Band penalized for copied riff in 'Down Under' hit
Breaking Legal News |
2010/07/06 09:40
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A judge ordered Australian band Men at Work on Tuesday to hand over a portion of the royalties from their 1980s hit "Down Under," after previously ruling its distinctive flute riff was copied from a children's campfire song. But the penalty — 5 percent of the song's royalties — was far less than the 60 percent sought by publishing company Larrikin Music, which holds the copyright for the song "Kookaburra Sits in the Old Gum Tree." "Kookaburra" was written more than 70 years ago by Australian teacher Marion Sinclair for a Girl Guides competition, and the song about the native Australian bird has been a favorite around campfires from New Zealand to Canada. Sinclair died in 1988, but Larrikin filed a copyright lawsuit last year. In February, Federal Court Justice Peter Jacobson ruled Men at Work had copied their song's signature flute melody from "Kookaburra." On Tuesday, Jacobson ordered Men at Work's recording company, EMI Songs Australia, and "Down Under" songwriters Colin Hay and Ron Strykert, to pay 5 percent of royalties earned from the song since 2002 and from its future earnings. A statute of limitations restricted Larrikin from seeking royalties earned before 2002.
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WTO rules some EU Airbus subsidies illegal
Breaking Legal News |
2010/07/05 09:27
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The WTO on Wednesday dealt the European Union a painful blow in a transatlantic trade row over multibillion dollar subsidies for US and European aircraft, ruling some state support for Airbus illegal. Rival US airplane manufacturer Boeing claimed a "sweeping legal victory" and said it would require Airbus to repay four billion dollars in illegal subsidies, a claim disputed by the European aerospace giant. Bringing to a head one of the most bitter trade disputes between the two trading powers, the World Trade Organization disputes panel upheld parts of a US complaint in the marathon legal battle. In a 1,200-page ruling made public for the first time, the global trade referee said EU states should halt some aid for the development and export of Airbus airliners. It notably accepted three out of seven claims by Washington that key launch aid amounted to export subsidies, which are illegal under WTO rules.
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New trial ordered in NYC for ex-food service boss
Breaking Legal News |
2010/07/02 13:14
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A federal appeals court ordered a new trial Thursday for the former chief marketing officer of one of the nation's biggest food products distributors, saying errors by a judge make it necessary to dissolve the conviction and the seven-year prison term that followed. The 2nd U.S. Circuit Court of Appeals ordered the new trial for Mark Kaiser after concluding that the trial judge erred in his instructions to the jury in November 2006, resulting in a flawed trial. Kaiser, 55, of Ellicott City, Md., has been free on bail since he was sentenced three years ago to seven years in prison. A lawyer for Kaiser did not immediately return a telephone message for comment. Prosecutors also did not immediately comment. Kaiser was convicted of securities fraud, conspiracy and false filing after prosecutors said he and others enhanced their own bonuses by boosting the company's earnings $800 million from 2000 to 2003 by reporting fake rebates from suppliers. Kaiser worked for U.S. Foodservice Inc., a former subsidiary of supermarket giant Royal Ahold NV. Ahold sold U.S. Foodservice Inc. in 2007 to a group of buyout firms led by KKR & Co. LLP. Defense lawyers argued at trial that Kaiser was kept in the dark about any financial misdeeds that occurred at the company. Netherlands-based Ahold's U.S. properties include the Stop & Shop and Giant supermarket chains. U.S. Foodservice is one of the largest distributors of food products in the country, providing to restaurants and cafeterias.
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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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