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Gov. Rick Perry signs tort reform bill into law
Industry News |
2011/05/28 13:47
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Gov. Rick Perry signed into law Monday a measure that will limit frivolous lawsuits by levying some fees on plaintiffs and allowing meritless suits to be dismissed early in the process.
Perry designated the loser pays bill a top priority of the legislative session, saying Texas needs to crack down on junk lawsuits.
Some plaintiffs who sue and lose will be required to pay the court costs and attorney fees of those they are suing. The law also creates expedited civil actions for cases less than $100,000. It goes into effect Sept. 1.
Perry said the legislation provides defendants and judges with a variety of tools to expedite justice for those deserving.
Employers will spend less time in court and more time creating jobs, he said.
The law will encourage timely settlements by penalizing parties who turn down reasonable settlement offers to try to get more than they should.
Perry said the changes reduce the cost of litigation while still allowing legitimate cases to proceed. Supporters say the state's business climate will improve because the reforms will make Texas more attractive to employers looking to expand or relocate. |
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Court refuses to reconsider Spector's appeal
Headline Court News |
2011/05/27 14:14
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An appeals court on Friday refused to reconsider music producer Phil Spector's appeal of his murder conviction, saying there was overwhelming evidence of his guilt.
The California 2nd District Court of Appeal panel acknowledged it did not consider an issue that defense lawyers now say was critical to his conviction.
The panel blamed the lawyers for failing to sufficiently brief the point and said they had no obligation to consider it.
They quoted case law saying, Issues do not have a life of their own: if they are not raised ... we consider the issues waived.
Spector, a legendary rock music producer, was convicted two years ago of fatally shooting actress Lana Clarkson at his Alhambra mansion in 2003. He is serving 19 years to life in prison on a second-degree murder conviction.
His first trial ended in a hung jury; the second ended in a conviction.
Defense lawyer Dennis Riordan said he will be filing an appeal with the California Supreme Court on June 13. Riordan said in an interview the court ignored a central issue of the case. |
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Wis. DOJ asks court to lift ban on union law
Court Watch News |
2011/05/26 14:15
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State attorneys asked the Wisconsin Supreme Court on Friday to immediately vacate a Madison judge's decision striking down Republican Gov. Scott Walker's contentious collective bargaining law.
Judge Maryann Sumi invalidated the law on Thursday after finding Republican legislators violated Wisconsin's open records law during the run-up to passage in March. The decision came in a lawsuit Democratic Dane County District Attorney Ismael Ozanne filed challenging the law.
The state Justice Department is representing the Republicans. The agency's attorneys asked the state Supreme Court to take the case and the court set oral arguments on whether it should make a move for June 6. Deputy Attorney General Kevin St. John said in a letter to the justices late Friday they need to act now.
St. John said the issues have been fully briefed so the court can immediately vacate Sumi's decision without hearing any further argument.
He argued Sumi issued the decision on her own, even though no one involved in the case had asked for such a ruling. She didn't give any of the parties a chance to be heard on the final disposition.
He also reiterated the Justice Department's argument that the Republicans can't be sued because they enjoy legislative immunity and Sumi can't invalidate the law due to an open meetings violation. |
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Appeals court upholds sentence in NC bus stop case
Court Watch News |
2011/05/21 14:15
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A man who a federal judge ruled had sex with his adopted sister has lost an appeal of his 2½ year prison sentence.
The judge ordered Royce Mitchell to jail because he decided his sexual relationship with 15-year-old Tiffany Wright violated terms of his 2007 probation on a federal drug charge.
Wright, who was eight months pregnant, was shot to death as she waited for the school bus in September 2009. Police named Mitchell a person of interest, but later concluded he wasn't involved with the killing.
But Wright told a detective that she had sex with Mitchell before she died.
Mitchell continues to deny the allegations, and Wright's lawyer said a DNA test that found Mitchell was not the baby's father proves they didn't have sex. But The Charlotte Observer reports that the U.S. 4th Circuit Court of Appeals decided that just because prosecutors couldn't independently verify Wright's allegations doesn't mean they aren't true. |
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American Justice - The Class Action Warriors
Marketing |
2011/05/20 14:15
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The Law Firm of Bursor amp; Fisher believes in that creed …And makes it possible for “Average Americans”….And thousands…. even Millions ofnbsp; “Everyday Consumers” nbsp; to “Have their Day in Court” through Class Action lawsuits.….By taking on cases to fight for justice against Corporate Giants like Verizon Wireless, ATamp;T Wireless, Cingular Wireless, Sprint, and T-Mobile, as well as purchasers of Avacor™ and Xenadrine™ products.The Insider Exclusive takes a INSIDE look at and visits with….one of America’s Premier law firms ….Bursor amp; Fisher…. And its founding Partners, Scott Bursor and Tim Fisher… nbsp; and their amazing Record for Getting JUSTICE for Millions of Consumers in Record Breaking Class Action Verdicts and Settlements….
We examine the central issue on many Class Action lawyers minds today...Will Class Actions survive the Supreme Court's ruling in ATamp;T Mobility LLC v Concepcion?
Without class actions, many victims would be powerless to stop corporate and government misconduct in areas ranging from race and sex discrimination, disability rights, dangerous consumer products, and environmental degradation, to widespread fraud and deceit in consumer transactions.nbsp; Especially in cases where large numbers of people have suffered small amounts of damages or require injunctive relief, class actions are often the only way that justice can be obtained.
As advocates for the people, Bursor amp; Fisher believe it’s important to fight for a cause... they fight for the rights of victims and champion the underdog against corporate power and greed.”
And In every case and with every client, the Bursor amp; Fishernbsp; Lawyer Litigation machine devotes itself to getting justice for their clients. They are tireless and fearless champions for those whose rights have been violated.nbsp; nbsp;
They are driven to fight for people who had been harmed by the willful or negligent actions of others…
Bursor amp; Fisher are proud of their legacy of excellence – Representing ordinary people who may have limited or no financial means to devote to the cost of litigation. |
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Ruling favors suspected Calif. gang members
Legal Business |
2011/05/11 09:20
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div class=entrydiv class=articleAuthorities in California's Orange County violated the constitutional rights of dozens of suspected gang members when they enforced a gang injunction without giving them a chance to defend themselves in court, a federal judge ruled on Tuesday.
U.S. District Court Judge Valerie Baker Fairbank's ruling favors those who challenged a temporary gang injunction issued in February 2009, notifying suspected members of the Orange Varrio Cypress gang that they will be barred from associating in public, wearing gang clothing or being out late at night within a roughly 4-square-mile area of Orange.
The American Civil Liberties Union of Southern California sued, arguing that when some 60 people challenged their inclusion in the temporary injunction prosecutors removed their names. Those people were nonetheless named in the permanent injunction.
Fairbank ruled that the action violated those people's rights to defend against allegations that they have gang affiliations. She ordered police and prosecutors not to enforce the injunction against them.
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Ex-Georgia bank exec to be sentenced for fraud
Legal Business |
2011/05/11 09:20
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div class=entrydiv class=articleA former Georgia bank executive who pleaded guilty to using customers and family members in a multimillion-dollar fraud conspiracy that led to his bank's downfall is scheduled to be sentenced to prison.
Randy Jones could face at least 12 years in prison on Wednesday when he is sentenced in federal court. Three others who have pleaded guilty to conspiring with Jones are also set to be sentenced.
Jones, 50, pleaded guilty in January to receiving kickbacks for real estate loans while he was an executive vice president at Community Bank amp; Trust, the failed Cornelia-based bank where he worked for 30 years.
The hearing started Tuesday but attorneys spent the day in court arguing over how much restitution Jones should pay and how much time he could face behind bars.
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