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Appeals court reinstates lawsuit against Glock
Court Watch News |
2012/07/25 14:02
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A California appeals court has reinstated a now-retired paralyzed Los Angeles police officer's product liability lawsuit against gun manufacturer Glock.
Enrique Chavez was paralyzed from the waist down when his 3-year-old son accidentally shot him with his service pistol.
The lawsuit claims the .45-caliber Glock 21 pistol lacks adequate safeguards against accidental discharge. There is no grip safety on the Glock.
A Los Angeles judge dismissed the suit two years ago, saying a Police Department review of the gun's design found the Glock's advantages outweighed any inherent risks.
The San Francisco Chronicle says the 2nd District Court of Appeals on Tuesday reinstated the suit, saying a jury could conclude that a grip safety strong enough to withstand a child's grasp would minimize the risk of accidental discharge. |
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Class-action lawsuit filed against Mountain State
Law School News |
2012/07/20 15:48
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Three students are suing Mountain State University, former President Charles Polk and the Board of Trustees over the school's revoked accreditation, saying it renders their degrees worthless.
Dale Burger and his two children, Amanda and Jeff Burger, are seeking class-action status for their case, filed late Wednesday in Kanawha County Circuit Court.
Some 3,000 students were enrolled as of April, the lawsuit says. But the plaintiffs contend that the class should cover anyone who enrolled since July 10, 2008. That's when the school first learned it might be in trouble.
The lawsuit says Mountain State told students it was in sound shape when it knew otherwise.
A spokesman declined comment on the lawsuit Thursday.
The private Beckley-based school has campuses in West Virginia, Florida, North Carolina and Pennsylvania.
Mountain State is appealing the Higher Learning Commission's decision to withdraw general accreditation.
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Pa. high court denies Orie Melvin request
Court Watch News |
2012/07/18 15:48
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A Pennsylvania state Supreme Court justice who is fighting political corruption charges has lost a request for her fellow justices to intervene in her criminal court case and require that an out-of-county judge preside over it.
The state Supreme Court issued the one-page order denying the request from suspended Justice Joan Orie Melvin on Tuesday. Melvin had sought to keep Allegheny County judges from hearing her case, complaining that one Allegheny County judge is married to a key prosecution witness, Lisa Sasinoski.
Melvin also had objected to a local district judge presiding over her preliminary hearing, saying the case may be too complex. Melvin asked her colleagues on the state Supreme Court to intervene after an Allegheny County judge denied her initial request.
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Court hears ex-officers' appeals in Katrina case
Court Watch News |
2012/07/11 15:27
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Two former New Orleans police officers have asked a federal appealscourt to throw out their convictions on charges stemming from thefatal shooting of a man whose burned body turned up in HurricaneKatrina's aftermath.A three-judge panel from the 5th U.S. Circuit Court of Appeals also onWednesday heard the Justice Department's appeal of a judge's decisionto order a new trial for a third officer, Travis McCabe.McCabe was convicted of writing a false report on Henry Glover's 2005 shooting.The panel didn't indicate when it would rule.David Warren, who was convicted of shooting Glover withoutjustification, argues he shouldn't have been tried alongside otherofficers charged in the case, including Gregory McRae, who wasconvicted of burning Glover's body in a car. |
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NY Court: Gay Marriage Caucus Didn’t Break Rules
Headline Topics |
2012/07/09 15:14
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A state appeals court rejected a challenge to New York’s year-old same-sex marriage law Friday, ruling closed-door negotiations among senators and gay marriage supporters, including Gov. Andrew Cuomo, did not violate any laws.
The Appellate Division of state Supreme Court in Rochester ruled against gay marriage opponents who argued that Republican state senators violated New York’s open meeting rules ahead of the law’s passage last year.
The marriage law was given final legislative approval by the state Senate after weeks of intensive lobbying and swiftly signed by Cuomo, making New York the largest state to legalize same-sex weddings. Same-sex couples began marrying by the hundreds on July 24, 2011, the day the law became official. |
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Cal Supreme Court rules in child death case
Headline Court News |
2012/07/06 15:25
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Welfare officials can take children from parents who negligently cause the death of a son or daughter, such as failing to place them in a car seat, even if there was no criminal harm, the California Supreme Court ruled.
The court ruled Thursday that a "breach of ordinary care" with fatal results is enough reason for child welfare agencies to act because it poses an inherent concern for the safety of siblings, the Los Angeles Times ( http://lat.ms/Rp6CCN) reported.
"When a parent's or guardian's negligence has led to the tragedy of a child's death, the dependency court should have the power to intervene," Justice Marvin R. Baxter wrote for the court.
"It's a big case for us, and it is a big case for the child welfare community," said Assistant County Counsel James M. Owens, who represented the Los Angeles County Department of Children and Family Services.
The case involved the 2009 death of an 18-month-old girl in South Los Angeles. Her father was driving her to a hospital after she fell off a bed and hurt her arm, according to court documents.
The baby was sitting on her aunt's lap when another car ran a stop sign and hit their vehicle. |
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Romney calls Obama's health care requirement a tax
Legal Business |
2012/07/05 02:21
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Mitt Romney on Wednesday said requiring all Americans to buy health insurance amounts to a tax, contradicting a senior campaign adviser who days ago said the Republican presidential candidate viewed President Barack Obama's mandate as anything but a tax.
"The majority of the court said it's a tax and therefore it is a tax. They have spoken. There's no way around that," Romney told CBS News. "You can try and say you wish they had decided a different way but they didn't. They concluded it was a tax."
Romney's comments amounted to a shift in position. Earlier in the week, senior adviser Eric Fehrnstrom said Romney viewed the mandate as a penalty, a fee or a fine - not a tax.
The Supreme Court last week ruled that the federal requirement to buy health insurance or pay a penalty is constitutional because it can be considered a tax. The requirement is part of the broad health care overhaul that Obama signed into law in March 2010.
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