California Supreme Court Grants Review in Prop 8 Legal Challenges
(Australian Gay and Lesbian Law Blog)California Supreme Court Grants Review In Prop 8 Legal Challenges Court to determine constitutionality of Prop 8 (San Francisco, California, November 19, 2008)-Today the California Supreme Court granted review in the legal challenges to Proposition 8, which passed by a narrow margin of 52 percent on November 4. In an order issued today, the Court agreed to hear the case and set an expedited
November 20, 2008 09:06 am
Georgia's Sex Offender Law Called "Mindlessly Harsh"
(Sex Crimes)... moved into their Harlem home a few years ago, the couple had to move several times because of the sex offender law. It's very difficult to find a place to live that's not within 1,000 feet of where children gather, a point Whitaker's lawyer made to the federal judge, but to no avail. The main point ought to be that the sex registry law shouldn't apply to Whitaker. She's clearly not a pedophile who preys on teenagers, and it's a travesty of justice that she's being treated like one. Adding to ...
November 20, 2008 03:59 am
Marjorie Cohen on the NLG
(Lewis " Clark Law School Podcast)National Lawyer's Guild Speaker Series Marjorie Cohen on the NLG Marjorie Cohen, September 12, 2008 National Lawyer's Guild In this podcast, National Lawyer's Guild president Marjorie Cohen talks to the Lewis & Clark group. (more…)
November 20, 2008 03:36 am
California Supreme Court Agrees to Hear Prop 8 Challenge
(Sexual Orientation and the Law Blog)The California Supreme Court agreed to hear the challenges to proposition 8 on an expedited basis today. See the Equality California website for additional information: www.eqca.org. However, the court denied a stay, which would have permitted same sex marriages to...
November 20, 2008 03:29 am
Maryland Family Awarded $5.8 Million for Dermatology Malpractice Leading to Man’s Skin Cancer Death
(Maryland Accident Law Blog)... non-economic damages and $2.8 million for loss of financial support. The non-economic damages will be lowered to $812,5000, per the state's medical malpractice cap on non-economic damages involving at least two plaintiffs. Doctor liable for lawyer's fatal cancer, The Daily Record, November 17, 2008 Family wins malpractice suit against Silver Spring dermatologist, Gazette.net, November 19, 2008 Related Web Resource: Derm Malpractice Payout Doubled From 2005 to 2007: Average settlement rose by 53% ...
November 20, 2008 03:28 am
Consumer Product Safety Commission safety message for holiday toy buying
(Washington Injury Attorney Blog)Now that the Holiday shopping season is soon upon us, the U.S. Consumer Product Safety Commission (CPSSC) has a list of toys that gift buyers should take note of because of safety concerns. In 2007, the CPSC had reports of 18 toy-related deaths and they estimate that there were 170,000 hospital emergency room visits due to toy related injuries suffered by children under the age of 15. Top 5 toy hazards: scooters and riding toys -- if you purchase a scooter or a riding toy including skateboards ...
November 20, 2008 03:22 am
Owner of dogs in Sea-Tac pit bull mauling pleads 'not guilty'
(Washington Injury Attorney Blog)Travis D. Cunningham, the owner of two pit bulls that viciously mauled and injured Hung Le, 71, of Sea-Tac in September entered a "not guilty" plea in King County Court. King Country Prosecutors say that Cunningham 36, was negligent in not securing the two dogs who had repeatedly escaped and were a danger to people. He is also being charged with two counts of illegal gun possession. Le suffered disfiguring injuries, her ears were ripped off and she had bite wounds up and down her legs after the ...
November 20, 2008 03:02 am
NASAA Says Investors with Frozen Auction-Rate Securities Should Ask Investment Firms About Buyback Opportunities
(Stock Broker Fraud Blog)The North American Securities Administrators Association is reminding investors to ask the investment firms that sold them any now-frozen auction-rate securities about repurchase opportunities. Following the ARS market collapse, securities regulators in 12 US states joined together to form a multi-state Task Force dedicated to finding out whether Wall Street investment firms had misled investors when persuading them to invest in the ARS market. As part of their settlement agreements reached ...
November 20, 2008 02:50 am
Patient Centered Medical Home: the Spin-Doctors’ Paradise
(Thomas A. Sharon, R.N., M.P.H.)... the customers? Get rid of him. If we get insurance companies out of health care, and pay the doctors a little more we will see huge turn-around in short order. Media Sources: AMA Gives Boost to "Medical Home" Movement California-based Diabetes & Family Medicine Experts Respond to New … Senate Finance Chair Issues Call for Greater Primary Care … Aetna and Partners In Care Test New Approach to Health Care Services Humana and Metropolitan Health Networks Announce Availability of … AMA 2008 ...
November 20, 2008 02:21 am
Another Significant Canadian Securities Law Development
(The D " O Diary)In a recent post (here), I raised concerns about the possibility of U.S.-domiciled companies becoming subject to securities litigation under the Ontario Securities Act. Now, a recent decision by an Ontario Superior Court judge interpreting the Act's provisions suggests the possibility of litigants using a parallel Ontario proceeding to circumvent the PSLRA's discovery stay. The decision arose in connection with the prospective securities action that claimants seek to pursue in Ontario court ...
November 20, 2008 01:54 am
... let the cases against the telecoms continue. Or, President Obama can choose not to appeal if the immunity statute is found unconstitutional. If, after the hearing on December 2nd, Chief Judge Vaughn Walker of the federal Northern District of California agrees with EFF that the immunity statute is unconstitutional and denies the government's motion to dismiss, Obama could instruct his new Attorney General to not appeal that decision to the Ninth Circuit Court of Appeals. All of these are things ...
November 20, 2008 01:17 am
What happens at arraignment?
(Massachusetts Driving Law)... to come to court on a certain day for an arraignment. (If this happens you should contact a lawyer as soon as possible to determine whether or not the complaint was validly issued.) No matter ... out (either via a posted list or asking in the clerk's office or from your lawyer) which courtroom to go to. You will go and sit quietly in the courtroom until ... appear for pre-trial conference. If you aren't going to qualify for a lawyer you can hire you own. You should hire an attorney who is experienced ...
November 20, 2008 01:07 am
Thoughts on LinkLine
(Antitrust Review)... in Trinko that antitrust law takes a backseat to regulation, even imperfect regulation. First, the facts. LinkLine is an internet service provider (ISP), which sells its customers DSL access. It purchases wholesale DSL access from AT&T California (formerly SBC, formerly Pacific Bell), which is the incumbent local exchange carrier (or ILEC) and required under the Telecommunications Act to provide wholesale DSL access to ISPs. AT&T is vertically integrated and also sells DSL services and ...
November 20, 2008 12:45 am
... week, and hourly employees are losing some serious pay, argues plaintiffs' lawyer Mark Thierman, a Las Vegas solo practitioner who has filed a handful of computer-booting ... point is press a button to power up their computer, or enter in a key word." Lawyers face similar situations frequently. We arrive on time for a deposition or a court hearing, ... running late, or the court won't be taking the bench for 20 minutes. Do lawyers like Richard Rosenblatt stop billing during these minutes, since, after ...
November 19, 2008 11:29 pm
California Supreme Court To Decide if Propositon 8 is an Unconstitutional Revision of State Constitution
(Election Law)You can find the court's order here. Also to be briefed is whether the proposition violates the separation of powers in the state constitution (as well as the effects of same-sex marriages already performed). Contrary to Eugene Volokh's suggestion, it...
November 19, 2008 11:13 pm
Department of Labor's Final Rule on Family and Medical Leave
(California Labor " Employment Law Blog)... 's direct supervisor will no longer be allowed to contact a health care provider for medical certification. Questions remain for California employers as to how these regulations can be meshed with corresponding CFRA rules and requirements and whether the California courts ... regulations. Thus, while these regulations help to clarify a wide variety of FMLA issues, in states like California, that have a corresponding family leave statute, these regulations may create at least as many new questions as ...
November 19, 2008 10:41 pm
California Supreme Court agrees to hear challenge to Prop. 8
(Heafey Headnotes)It has just been announced that the California Supreme Court will hear the legal challenges to the recently passed Prop. 8. The justices voted 6-1 to review the lawsuits. Various civil rights, and LGBT groups, have filed suit against the state regarding Prop. 8 arguing that it is a revision, requiring legislative approval.
November 19, 2008 10:41 pm
Oregon Hospitals Take Steps to Protect Newborns from Fall Injuries
(Oregon Injury Lawyer Blog)... newborns at Oregon hospitals appear to be at risk of falling. Hospital records from Providence Hospitals indicate that 20 fall accidents involving newborns occur each year in Oregon hospitals-a figure that some researchers consider a low estimate ... says that newborn falls are preventable and that there are measures that hospitals can take to prevent fall accidents from happening. For example, ordering nurses to regularly check on infants that are being held by parents during the night, changing ...
November 19, 2008 10:32 pm
Breaking News: Cal. Supremes Take Prop. 8 Cases
(Nuts " Boalts)... . (Sorry, Gavin.) The Court will address three questions: Is Prop 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution? Does Prop 8 violate the separation-of-powers doctrine under the California Constitution? If Prop 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Prop 8? Briefs are due in January, and oral argument may be ...
November 19, 2008 10:32 pm
Tenenbaum plans to call as trial witnesses Johan Pouwelse, Lawrence Lessig, Jonathan Zittrain, John Perry Barlow, and others
(Recording Industry vs The People)... . Jonathan Zittrain -Andrew Grant (former antipiracy specialist at Macrovision) Plaintiff's PreTrial Memorandum*-->* Document published online at Internet Law & Regulation-->Commentary & discussion: []-->--> -->--> Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual ...
November 19, 2008 10:27 pm