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Insurer's asbestos-related lawsuits at high court
Headline Legal News |
2008/12/13 09:14
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| The Supreme Court agreed Friday to consider reinstating a roughly $500 million settlement of asbestos-related lawsuits against the Travelers Companies Inc.pThe settlement would also block any new lawsuits against Travelers arising out of the insurance company's long relationship with Johns Manville Corp., once the world's largest producer of asbestos./ppTravelers has been named in dozens of lawsuits claiming that it tried to hide the dangerous health effects of asbestos. Asbestos is a mineral that was commonly used until the mid-1970s in insulation and fireproofing material. Exposure can increase the risk of lung cancer, mesothelioma and other ailments, according to federal health agencies./ppThe company has argued that asbestos-related claims should be paid out of a trust created by Johns Manville in the 1980s and approved by a federal bankruptcy judge. Money for the fund came largely from insurers./ppTravelers agreed to settle with several groups of plaintiffs provided that federal courts make clear that it would not have to face any new similar lawsuits./ppThe 2nd U.S Circuit Court of Appeals in New York overturned lower-court approval of the settlement, saying a bankruptcy judge lacks the authority to act so broadly. The justices, at arguments in March, will consider the question of the bankruptcy court's power./ppThe consolidated cases are The Travelers Indemnity Co. v. Bailey, 08-295, and Common Law Settlement Counsel v. Bailey, 08-307. /p |
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Victim's kin file suit in Wal-Mart stampede death
Headline Legal News |
2008/12/03 18:52
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| The family of a New York man who was trampled to death the day after Thanksgiving by a stampede of bargain hunting Wal-Mart shoppers has filed a wrongful death lawsuit.pThe family also filed notice that Nassau County, on Long Island, and its police department will be sued./ppThe lawsuit against Wal-Mart and the Long Island mall where it is located was filed Wednesday in state Supreme Court in the Bronx on behalf of Elsie Damour Phillipe. Phillipe is the sister of victim Jdimytai Damour (DHMEE'-tree Di-MOHR'), and is the court-appointed administrator of his estate./ppDamour, a temporary worker hired for the holiday season, was crushed to death when some 2,000 customers stormed into the Valley Stream store./ppNone of the defendants in the lawsuit immediately responded to requests for comment. /p |
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Colo. man charged with libel over Craigslist posts
Headline Legal News |
2008/12/02 18:49
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| A man accused of making unflattering online comments about his former lover and her attorney on Craigslist has been charged with two counts of criminal libel.pIt's not a charge you see a lot of, Larimer County District Attorney Larry Abrahamson said of the 1800s-era state law that can put people in jail for the content of their speech or writing./ppAbrahamson charged J.P. Weichel, 40, of Loveland, in October over posts he allegedly made on Craigslist's Rants and Rave section./ppThe case began when a woman told Loveland police in December 2007 about postings made about her between November and December 2007. Court records show posts that suggested she traded sexual acts for legal services from her attorney and mentioned a visit from child services because of an injury to her child./ppPolice obtained search warrants for records from Web sites including Craigslist before identifying Weichel as the suspect. Weichel shares a child with the woman./ppWeichel, confronted by detectives at his workplace in August, said he was just venting, according to court records./ppNo phone listing could be found for Weichel, and his attorney, Michael Liggett of Fort Collins, didn't immediately return a message left Monday by The Associated Press./ppLibel is commonly seen as a civil case. Denver attorney Steve Zansberg, who specializes in First Amendment law, said prosecutors seeking criminal libel cases could have a chilling effect on free speech in Colorado, particularly over the Internet./ppAbrahamson wasn't so sure. He said it is up to police departments to pursue cases./ppZansberg contends the law is outdated, is unclear about stating opinions and is written in such a way that dead people could be victims of criminal libel./p |
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US court: Parents cannot sue to enforce 'No Child'
Headline Legal News |
2008/12/01 18:50
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| A federal appeals court says parents cannot sue school districts to force them to comply with the No Child Left Behind Act.pThe ruling Thursday comes in a case filed against the low-performing Newark Public Schools in New Jersey./ppParents say the district failed to notify them of the right to transfer out of failing schools and of other provisions required under the law./ppThe 3rd U.S. Circuit Court of Appeals says enforcement of the act is up to state educational agencies./ppACLU attorney Scott Michelman says the decision is not in the best interests of parents or children. A school district lawyer did not return calls. /p |
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Jury convicts mom of lesser charges in online hoax
Headline Legal News |
2008/11/26 18:47
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| A jury on Wednesday was unable to reach a verdict on the main conspiracy charge and instead convicted a Missouri woman of three minor offenses for her role in an Internet hoax that apparently drove a 13-year-old girl to suicide.pThe Los Angeles federal court jury rejected felony charges of accessing a computer without authorization to inflict emotional distress on young Megan Meier./ppHowever, the jury found defendant Lori Drew guilty of three counts of the lesser offense of accessing a computer without authorization. Each count is punishable by up to one year in prison and a $100,000 fine./ppThe jurors could not reach a verdict on a conspiracy count, and U.S. District Court Judge George Wu declared a mistrial on the charge. It was not known if she would be retried./ppShe could have been sentenced to a total of 20 years in prison if convicted of the four original counts./ppProsecutors said Drew violated the MySpace terms of service by conspiring with her young daughter and a business assistant to create a fictitious profile of a teen boy on the MySpace social networking site to harass Megan./ppMegan, who had been treated for depression, hanged herself with a belt in her bedroom closet in 2006 after receiving a message saying the world would be better without her. /p |
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Voters' word may not be last in Minn. Senate race
Headline Legal News |
2008/11/06 14:07
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| One Senate candidate says the voters have spoken. The other says the electorate still needs to be heard.pIn the end, experts say, it could be the courts or even the Senate that speaks the loudest on Minnesota's unsettled Senate race./ppWhile the race is headed for an automatic recount, Republican Sen. Norm Coleman and Democratic challenger Al Franken have other options to alter the outcome./ppThe recount is due to start once results are made official Nov. 18, and it could take weeks. Coleman clung to a 342-vote lead, out of nearly 2.9 million votes cast, as election officials around the state double-checked their reports./ppAfter a recount, the candidates or any eligible voter can head to court to challenge how the election was conducted or the votes were tallied. The Minnesota law spelling out the contest raises the possibility of Senate involvement./ppI don't think there is any possibility it will be simply a recount, said Hamline University law professor Joseph Daly. It is destined for the courthouse and ultimately it is destined for the United States Senate based on this law. There's too much at stake. There's too much vitriol./ppMinnesota's race is one of three up in the air nationwide. Races in Georgia and Alaska are also unresolved. All three involve Republican incumbents in a year that has seen Democrats gain five seats already./ppFranken went on Minnesota Public Radio to explain why he won't waive the recount, as Coleman said he would do if he was in the same position./ppThis is the closest race in Minnesota history, the closest Senate race and the closest race anywhere in the country. This is just part of the process to make sure every vote is counted, Franken said, adding, Candidates don't get to decide when an election's over — voters do./ppColeman laid low Thursday./ppIn percentage terms, Minnesota's race will go down as the closest Senate election prior to a recount. In 1974, a New Hampshire race came down to 355 votes out of 200,000 cast./ppThe loser in that race, the Democratic candidate, overtook the Election Day victor by 10 votes in a recount. But more maneuvering and court challenges overturned that result, and the state's Republican governor awarded the election certificate to his party's nominee./ppThe case ultimately wound up before the Senate, where Democrats held a large majority. But a standoff dragged on until August, when the Senate voted to declare the seat open. A special election was held the next month, and record-breaking turnout helped Democrat John Durkin prevail./p |
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