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Egypt court dissolves Muslim Brotherhood party
Headline Legal News | 2014/08/11 11:06
Egypt's highest administrative court dissolved Saturday the political party of the banned Muslim Brotherhood and ordered its assets liquidated, in the latest move against the 86-year old Islamist group.

The decision against the Freedom and Justice Party comes ahead of parliamentary elections expected this year and prevents the group from trying to rejoin politics a year after leading member, President Mohammed Morsi, was overthrown by the military.

The party was founded in 2011 by the Brotherhood, Egypt's historic Islamist movement created in 1928, after President Hosni Mubarak was deposed in a popular uprising and it went on to dominate subsequent legislative elections.

The Middle East News Agency said the decision by the Supreme Administrative Court is final and can't be appealed.

In a statement, the Freedom and Justice Party said the dissolution won't succeed in uprooting the group's ideals.


Court: Caregivers can't sue Alzheimer's patients
Court Line News | 2014/08/05 15:42
People with Alzheimer's disease are not liable for injuries they may cause their paid in-home caregivers, California's highest court ruled Monday in a case involving a home health aide who was hurt while trying to restrain a client.

The California Supreme Court ruled 5-2 that people hired to work with Alzheimer's patients should know the disease commonly causes physical aggression and agitation in its later stages. The court majority concluded it would therefore be inappropriate to allow caregivers who get hurt managing a combative client to sue their employers.

"It is a settled principle that those hired to manage a hazardous condition may not sue their clients for injuries caused by the very risks they were retained to confront," Justice Carole Corrigan wrote for the majority.

The law in California and many other states already establishes that caregivers in institutional settings such as hospitals and nursing homes may not seek damages from Alzheimer's patients who injure them. To have a different standard for caregivers working in private homes would give families a financial incentive to put relatives with Alzheimer's into nursing homes, Corrigan said.


Texas Supreme Court: Parade Crash Trial in Midland
Legal Marketing | 2014/08/05 15:41
The Texas Supreme Court has ruled a negligence lawsuit stemming from the fatal collision of a train with a veterans' parade float in Midland in 2012 should be heard in Midland County.

The Midland Reporter-Telegram reports the state's highest civil court on Friday rejected a case that veterans and family members filed in Dallas. The railroad, Union Pacific, and the float provider, Smith Industries, wanted a trial in Midland because that's where the crash occurred.

Four people were killed and 13 others hurt in the 2012 crash. A federal investigating panel blamed the city and parade organizers for the accident.

Two pretrial hearings are set for Midland in September. The trial itself is set for January.


Insurance Litigation Law Firm Clark & Fox Launches New Website
Press Release | 2014/08/01 13:59


John M. Clark, Michael Fox, Georgia S. Foerstner and Erin Nulty are pleased to announce the formation and opening of Clark & Fox (www.clarkfoxlaw.com) , a law firm solely serving and representing the insurance industry. Patrick J Reilly, III and Megan Foster join them as associates, and Scott Patterson as Of Counsel. Clark & Fox brings over 80 years of collective experience in representing and servicing the insurance industry, including doing so in complex liability defense matters, reinsurance/coverage cases and investigating and prosecuting insurance fraud for state and local law enforcement. All of the attorneys also have its extensive and intimate knowledge of the London insurance market. Founders John M. Clark and Michael Fox both participated in the Secondee Counsel Program with Lloyd’s of London syndicates serving as in-house counsel.

"I am thrilled to start a company with these attorneys and staff,” says co-founder, President and CEO John M. Clark. "The strong insurance background of attorneys and staff demonstrate a penchant for helping insurance companies of all sizes both domestically and internationally with all of their needs. We truly appreciate and understand through all of our experience the insurance industry’s unique needs and we can assist and partner with them to achieve their goals in an efficient and cost effective manner."

Although its main offices will be based in New Jersey and Pennsylvania, the firm will have a national presence with offices also located in New York City, Cleveland Ohio and Maryland\Washington DC. The firm will be solely focused on representing and servicing the insurance industry. The firm provides practical and efficient solutions to the legal issues faced by insurance carriers of all sizes in today's complex and fast-paced litigation friendly environment.

Whether the need is for Clark & Fox team to represent an insured in a complex liability manner or provide counseling and advice on a complicated reinsurance or insurance coverage issue, our experience and expertise in insurance leveraged with our state of the art technology allows us to be flexible to meet our clients needs. We partner with our clients and leverage our industry knowledge, contacts and technology to provide effective and business oriented counseling in ways that often go beyond traditional legal advice. In addition, we are also there if our clients need us to vigorously defend and represent their interests in complex and contentious litigation.

Its co-founder, President and Chief Executive Officer, John M. Clark, will lead the firm. Georgia S. Foerstner, Vice President and Chief Operating Officer will be responsible for the day-to-day management of the firm's attorneys and staff.

For more information about Clark & Fox please visit www.clarkfoxlaw.com. Also, you may contact any of the partners as follows:

John M. Clark jclark@clarkfoxlaw.com or 856-288-2403
Michael Fox at mfox@clarkfoxlaw.com or 856-345-0374
Georgia S. Foerstner at gfoerstner@clarkfoxlaw.com or 856-345-0377
Erin Nulty enulty@clarkfoxlaw.com or 856-432-1570

   



German court receives suit against EU bank union
Attorney News | 2014/07/28 13:36
A group of German professors has filed a complaint to the country's highest court against the European Union's plans to create a so-called banking union, a central part of the effort to make the continent's financial system more resilient.

The Federal Constitutional Court said Monday it had received the complaint. It wasn't clear when the court might rule; verdicts on previous attempts to block measures meant to stem Europe's debt crisis took at least several months.

The group behind the complaint says the banking union "has no legal basis in the European treaties."

It objects to handing the European Central Bank direct supervision of the eurozone's biggest lenders with binding powers over national authorities, and opposes plans for a separate authority with the power to dissolve or restructure failing banks.


Court throws out Chiquita terror payment claims
Attorney News | 2014/07/28 13:36
A divided federal appeals court on Thursday threw out claims potentially worth billions of dollars against produce giant Chiquita Brands International made by relatives of thousands of Colombians killed during years of bloody civil war.

A panel of the 11th U.S. Circuit Court of Appeals ruled 2-1 that federal courts have no jurisdiction over the Colombian claims. The lawsuits accused Chiquita of assisting in the killings by paying $1.7 million to a violent right-wing paramilitary group known as the AUC, the Spanish acronym for United Self-Defense Forces of Colombia.

Chiquita, based in Charlotte, North Carolina, formerly operated large banana plantations in Colombia through its Banadex subsidiary. Chiquita insists it was the victim of extortion and was forced to pay the AUC or face violence directed at its employees and assets in Colombia.

The majority cited a 2013 U.S. Supreme Court ruling known as Kiobel vs. Royal Dutch Petroleum that imposed limits on attempts by foreigners to use U.S. courts to seek damages against corporations for human rights abuses abroad. Chiquita had insisted that ruling meant the Colombians' lawsuit had to be tossed out.

"We are gratified that the U.S. Court of Appeals has now agreed with us and the claims have been dismissed," said Chiquita spokesman Ed Loyd in an email statement. "The decision reinforces what Chiquita has maintained from the beginning — that Chiquita is not responsible for the tragic violence that has plagued Colombia."


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