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Paper Wins Dismissal Of Libel Suit
Headline Court News |
2008/04/21 07:35
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nbsp; nbsp;nbsp; A circuit judge has dismissed with prejudice a defamation lawsuit against the Madison County Record. Amiel Cueto, whose brother, Lloyd Cueto, was running for judge in St. Clair County, claimed the Record defamed Amiel by reporting that Amiel was a power broker who controlled judges in the county.
nbsp; nbsp; G. Michael Prall, of the 11th Circuit in Bloomington, was assigned the case after the Illinois Supreme Court granted the Record's request that the case be removed from the 20th circuit, where it was filed.
nbsp; nbsp; Amiel Cueto, who served six years in prison for obstruction of justice, claimed the Record defamed him by calling him a power broker and stating that he owned 15 of 17 St. Clair County judges in the mid-1990s.
nbsp; nbsp; The Record sought dismissal, based on the alleged truth of the statements.
nbsp; nbsp; Judge Prall stated in his 5-page decision that while the article did not use the words power broker as a flattering term, it did not suggest criminal activity.
nbsp; nbsp; As to Cueto's controlling St. Clair judges in the 1990s, Prall wrote, There is no question that witnesses made statements in official court proceedings to the effect that the plaintiff controlled judges in the mid 1990s. Plaintiff's contention that these statements were untrue would not affect the right of the defendant to report these statements. |
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Judge blocks Philadelphia from enforcing new gun laws
Press Release |
2008/04/18 07:51
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| pA judge on Thursday temporarily blocked the city from enforcing five gun-control ordinances pending a challenge from the National Rifle Association./ppThe NRA argues that state law prevents Pennsylvania municipalities from regulating guns, a view that even the city's crime-weary district attorney shares./ppThe city has no basis to pass any of these gun-control ordinances and they know it, lawyer C. Scott Shields argued on the NRA's behalf./ppCity lawyers contend that Philadelphia can pass gun-control ordinances if the laws are outside the scope of state measures. As an example, lawyer Mark Zecca told the judge that one Pennsylvania county had banned guns at its courthouse./ppAmong other things, the five city ordinances passed April 10 ban the sale of assault weapons; require owners to report a lost or stolen gun within 24 hours; and limit firearms purchases to one a month./ppThey came in response to the city's one-a-day murder rate and its reputation for being a weapons source for criminals in New York and other states with strict gun laws./ppThe judge scheduled arguments for April 28. She said she would rule very quickly, although her decision is sure to be appealed by the losing side./ppMayor Michael Nutter, who declared a crime emergency shortly after taking office in January, quickly signed the City Council bills into law - despite still-pending litigation over earlier gun-control efforts. /p |
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Fed. judge declares 2nd mistrial in terror case
Headline Topics |
2008/04/17 08:12
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| pUS District Judge Joan A. Lenard Wednesday declared a second mistrial in a terrorism prosecution of six men charged with conspiring to bomb the Sears Tower in Chicago and the FBI headquarters in Miami after the jury was unable to reach a verdict after 13 days of deliberations. In December 2007 Lenard declared an initial mistrial when the jury was deadlocked after nine days of deliberations. A seventh man was acquitted in that proceeding./ppThe seven were indicted last year on charges of conspiring to provide material support to al Qaeda; conspiring to provide material support, training, and resources to terrorists; conspiring to maliciously damage and destroy by means of an explosive; and conspiring to levy war against the government of the United States. The indictment alleged that ringleader Narseal Batiste recruited the six other defendants to organize and train for a mission to wage war against the United States government, and that they pledged an oath to al Qaeda in an attempt to secure financial and logistical backing. Lawyers for some of the men said that their clients were entrapped by an FBI informant posing as an al Qaeda operative. If the men had been convicted, they would have faced up to 70 years in prison./p |
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Court Won't Hear Young Killer's Appeal
Headline Court News |
2008/04/16 08:07
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The Supreme Court has refused to review a 30-year prison sentence for a teen who was 12 when he killed his grandparents in South Carolina.
Lawyers for Christopher Pittman wanted the justices to examine whether the long prison term for a child violates the Constitution's ban on cruel and unusual punishment. With no possibility of parole, he will be 42 before he is released, they said.
Pittman is the only inmate serving such a lengthy sentence for a crime committed at such a young age, his lawyers said. The judge who sentenced him was prohibited by law from taking his age into account.
South Carolina contended the punishment is proportionate to the crime and said there is a national trend of increased punishment for young violent criminals. |
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Top Law Schools Tighten Hold on NLJ 250 Firms
Legal Business |
2008/04/14 08:04
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A bigger percentage of students graduating from top law schools in 2007 took jobs at NLJ 250 law firms than those graduating in 2006.
Columbia Law School landed in the No. 1 spot again as the school thatsent the greatest portion of graduates to NLJ 250 law firms, withnearly 75 percent of its students in 2007 taking jobs among thenation's largest law firms. The school ranked No. 1 last year, when69.6 percent of its graduates went to NLJ 250 law firms. Boston CollegeLaw School rounded at the list of the top 20 go-to law schools, with36.8 percent of its 261 juris doctor graduates in 2007 heading forfull-time jobs at NLJ 250 law firms. pAll together, the top 20 law schools that NLJ 250 law firms relied onmost to fill their first-year associate ranks sent 54.9 percent oftheir graduates to those firms, compared with 51.6 percent in 2006. /ppThis year's list of go-to schools was compiled from recruiting information that law firms provided on the 2007 NLJ 250, emThe National Law Journal/em's annual survey of the nation's largest law firms. /ppIn 2007, the top 20 schools sent 3,511 of their graduates to work asfirst-year associates at NLJ 250 law firms. Total graduates among thoseschools in 2007 equaled 6,395. In 2006, the 20 go-to law schools sent3,561 to NLJ 250 law firms out of 6,902 graduates. /ppMaking a big jump in its percentage of graduates accepting positions atNLJ 250 firms was Northwestern University School of Law. It took theNo. 2 spot, compared with No. 11 the year before. Some 73.5 percent ofits 2007 graduates went to NLJ 250 firms, or 172 graduates out of atotal of 234. The year before, 143 graduates out of 265 went to NLJ 250firms, which equaled 54 percent. /p |
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Class Says Lifelock Has Troubling Bosses
Headline Topics |
2008/04/11 07:41
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Lifelock misrepresents and deceptively advertises its identity theft protection service, for which it charges $110 a year, a class action claims in Middlesex County Court.
Plaintiffs claim Lifelong does not actually provide the services it offers, that its president Richard Davis dreamed up the idea while sitting in a jail cell after having been arrested for failing to repay a $16,000 casino marker, and that Lifelock's Chief Marketing Officer and co-founder Robert Maynard is under a lifelong FTC injunction because of misleading infomercials he ran for his own credit improvement company.
nbsp; nbsp; The complaint adds, Finally, and perhaps most disturbing ... Maynard himself had engaged in the very type of identity theft his company had set out to eliminate, but stealing his own father's identity.
nbsp; nbsp; Plaintiffs say that whatever services Lifelock does provide its 900,000 subscribers are available elsewhere for free |
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Class Says Blockbuster Invades Privacy
Topics |
2008/04/10 08:06
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nbsp; nbsp;nbsp; Blockbuster invaded customers' privacy by sending information about their movie rentals to the Facebook Web site, according to a federal class action. Plaintiffs say Blockbuster's cooperation with Facebook's Beacon system violates the Videotape Privacy Protection Act, which Congress passed after a newspaper obtained a list of 146 movies Robert Bork or his family had rented, and publicized it during Bork's failed nomination to the Supreme Court.
nbsp; nbsp; Facebook launched Beacon in November 2007, in cooperation with 44 other Web sites, that automatically fed information to Facebook, plaintiffs say. This was not just for social purposes, but was a core element in the Facebook Ads system for connecting businesses with users, plaintiffs say.
nbsp; nbsp; Blockbuster sent information about movie rentals to Facebook, which added it to members' Facebook profile, something like this: 'Preston added Lord of the Rings to his queue on Blockbuster.com,' the complaint states.
nbsp; nbsp; This was an opt-out system, in which users had to check a box to prevent the information from being distributed, plaintiffs say.
nbsp; nbsp; Faced with furious criticism about privacy invasion, Facebook founder Mark Zuckerberg was forced to issue an apology, in December, which is quoted, apparently in full, in this filing. To this day, however, Facebook still receives personal identifiable information from participating Web site with the Beacon javascript, whether the Facebook member has chosen to distribute their information or not, it claims.
nbsp; nbsp; Plaintiffs say that if users did not check the opt-out box quickly enough, their information would be sent to Facebook, and that along with a picture of the individual who purchased the movie and a Blockbuster ad. They say that Blockbuster did not notify online customers that this information was being sent to Facebook until sometime in December 2007. However, the summary is immediately sent to a user's Facebook profile even before the user has a chance to decline the distribution of he/her personal identifiable information - as long as you have not marked the privacy feature telling Blockbuster never to send summaries. To this day, Blockbuster online victims remain unsuspecting victims, the complaint states.
nbsp; nbsp; Blockbuster, which has 64 million active users, is the 7th most popular site on the Web, the complaint states.
nbsp; nbsp; Represented by lead counsel Jeremy Wilson with The Corea Firm of Dallas, plaintiffs demand $2,500 for each violation of the Videotape Privacy Protection Act, and punitive damages. |
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