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Court says California mall's chat policy illegal
Headline Court News |
2010/08/16 09:20
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A Northern California appeals court has struck down a shopping mall's policy barring people from approaching strangers to chitchat.pThe 3rd District Court of Appeal this week said the rules at Roseville's Westfield Galleria violate the California Constitution's free speech guarantee./ppThe mall prohibited people in its common areas from approaching people they didn't know to talk unless the conversation was about business involving the mall or its tenants. The case arose after mall officials issued a citizen's arrest of a 27-year-old pastor who tried to talk about his faith./ppThe appeals court says the policy effectively bars shoppers from chatting about the weather or offering directions./ppA spokeswoman for Westfield says the mall is considering appealing to the California Supreme Court.
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Ex-money manager to plead guilty to Indiana fraud
Legal Business |
2010/08/16 03:20
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pA former money manager convicted of trying to fake his own death in a Florida plane crash has agreed to plead guilty to securities fraud charges in Indiana./ppMarcus Schrenker could face 10 years in prison in exchange for pleading guilty to five of 11 counts under a proposed plea agreement with Hamilton County prosecutors./ppHe could also be required to pay more than $600,000 in restitution. Schrenker is accused of bilking friends, family members and other investors of more than $1 million./ppA hearing on the deal is set for Sept. 15 in Hamilton Superior Court in the Indianapolis suburb of Noblesville. A judge still has to accept Schrenker's plea before the agreement can take effect./ppThe only remaining dispute is whether Schrenker should serve his Indiana sentence at the same time as a four-year federal sentence out of Florida, Jeff Wehmueller, administrative chief deputy prosecutor in Hamilton County, said Thursday.
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BP Class Action Lawsuit Filed Over Release of Benzene
Headline Topics |
2010/08/09 08:47
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pA $10 billion toxic tort class action lawsuit has been filed against BP over alleged emissions from its troubled Texas City oil refinery, alleging that workers and residents in the area were exposed to benzene and other chemicals. nbsp;
More than 2,200 workers at the refinery and residents from the surrounding area filed the BP class action lawsuit on August 3 in the Galveston Division of the Southern District of Texas. The complaint alleges that for 40 days earlier this year, the company illegally released the chemical benzene into the atmosphere./ppThe benzene lawsuit comes just as BP, formerly known as British Petroleum, was finally able to stop the flow of oil from a well a mile under the surface of the Gulf of Mexico, which has caused a massive oil spill that is expected to cost the company tens of billions of dollars in oil spill lawsuits and clean up costs. /ppPlaintiffs in the BP Texas City refinery class action lawsuit say the company has been releasing benzene into the atmosphere at the plant due to a hydrogen compressor that broke down on April 6. The 2,212 plaintiffs allege that they suffered serious injuries and illnesses from benzene exposure./ppBenzene is an industrial chemical that has been linked to the development of cancer, leukemia and other life-threatening health problems. It is a known carcinogen used as an industrial solvent in the production of plastic and synthetic rubber, as well as drugs and dyes./ppBP’s Texas City Refinery is the third-largest oil refinery in the United States, and has been the subject of several major safety incidents. As recently as September, the U.S. Occupational Safety and Health Administration hit BP with an $87.4 million fine for not complying with a safety agreement made after a March 23, 2005 explosion and fire that killed 15 workers and injured more than 170 others./ppIn February 2009, BP Products North America agreed to pay $180 million to resolve a separate environmental lawsuit over benzene emissions at the oil refinery. That case involved violations of a 2001 consent decree and Clean Air regulations which were identified during inspections by the U.S. Environmental Protection Agency (EPA) following the March 2005 blast./p |
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Children in Dependency Proceedings Need Lawyers
Legal Business |
2010/08/09 06:47
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| pLawyers who represent children in dependency proceedings say it’s time for these children – regardless of which state they live – to have a right to legal counsel./ppMeeting yesterday at the 2010 American Bar Association Annual Meeting in San Francisco, a panel of children’s rights advocates discussed eliminating the barriers that prevent lawyers from representing these children in life-impacting legal proceedings. nbsp; /ppAccording to the U.S. Department of Health and Human Services there are more than half a million children in foster care and under the jurisdiction of family courts.nbsp; These are children who have been, for example, removed from their homes, placed in temporary shelters and possibly separated from siblings. /ppWhen it comes down to who is looking out for the rights and interests of the children in the courtroom – a lawyer, a guardian ad litem or an attorney ad litem -- there is no clear-cut, uniform answer./pp“Every state has a different model,” says Hilarie Bass, a Miami commercial litigator who does pro bono work representing foster kids. /ppShe points out the obvious — that there are too many children who need help, without enough money in the system to serve them.nbsp; Despite those hurdles, Bass, who is also incoming chair of the American Bar Association Section of Litigation, says she expects the section to make a recommendation on the right to counsel for children that should come up for debate before the ABA’s policymaking body in 2011. /pp“It would be a recommendation to provide for counsel and representation of children in delinquency and dependency proceedings,” says Bass.nbsp; /ppABA President Carolyn Lamm says the ABA is an association interested in promoting the best interest of children and finding solutions “before we have a crisis situation.”/ppLamm adds, “These citizens are the most vulnerable of course, in terms of no one to defend their legal rights.nbsp; The ABA does so much work in the public interest.nbsp; This is a segment of the public that needs us and we are strong and forceful advocates for children and the rights of children to be represented. nbsp; /ppSo far, the U.S. Supreme Court has not spoken on the issue of whether children have a constitutional right to counsel in dependency proceedings. /ppGeorgia attorney Trenny Stovall directs the DeKalb County Child Advocacy Center and represents children in dependency proceedings every day.nbsp; She says children who don’t have their own lawyer do not have a voice. /pp“When children don’t have a lawyer, their ability to be considered a living being with rights is vastly diminished.nbsp; Without representation, they become a widget in the eyes of the court,” says Stovall./ppChildren like 16-year-old Trevor Wade — who has been through the dependency court system — will tell you that having a lawyer makes a difference.nbsp; He says his lawyer fought against a system that would have placed him back with an abusive father.nbsp; These days he’s an intern in a public defender’s office, helping kids who are going through the court system. /p |
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