Court: Officers may have to pay fees in lawsuit

The Supreme Court says a South Carolina sheriff's office can be held liable for attorneys' fees for stopping abortion protesters in South Carolina who wanted to hold up signs showing aborted fetuses.

Justices on Monday reversed a decision saying the Greenwood County sheriff's office was not required to pay attorney's fees in a lawsuit brought by Steven Lefemine and Columbia Christians for Life. The group was told by officers they couldn't protest with their signs in November 2005. A federal judge agreed that the sheriff was wrong, but did not award damages or lawyer's fees.

The justices threw out that decision without hearing arguments, saying the legal decision that officers could not stop the protesters "supported the award of attorney's fees." The case now goes back to the lower courts.

National Class Action Lawyers in Indiana

For success in class actions lawsuits, lawyers must be knowledgeable and experience with complex litigation and class action certification, notice, and settlement procedures. Large corporate defendants always put up formidable opposition in cases involving thousands of claimants.

Our experienced Indiana based class action lawyers have the willingness to tackle the most complex of cases and aggressively face larger law firms and corporations on your behalf.  Our class action attorneys have represented plaintiff classes in numerous class action lawsuits. Among the major class action lawsuits we have handled are:

    Right-of-Way Class Action Lawsuits
    Pharmaceutical and Prescription Drug Class Actions
    Medical Device  Class Actions
    Personal Injury Multidistrict and Class Actions
    Financial Damage Class Actions
    Property Owner Class Actions

What is a Class Action?
When a common violation has affected one or more claimants, our attorneys can represent your entire group. This is a better way to address relatively smaller claims and is a better way to process a claim without it being too costly to litigate on an individual basis.

Contact Us for a Complimentary Consultation
For experienced and skilled class action representation, contact the class action lawyers at Price Waicukauski & Riley, LLC, in Indianapolis, Indiana. Though many of our clients come from Indianapolis and the surrounding communities, we represent class members throughout Indiana and the United States. We provide a free initial consultation on all class action claims. If you want to read more information on class actions visit us online http://www.price-law.com/practice-areas/class-actions

New DC drunken driving law to take effect

A new law that toughens penalties for drunken driving in the nation's capital takes effect Wednesday, but the city's police department still is not using breath tests on suspected drunken drivers more than a year after the tests were suspended.

The new law, which was approved by the D.C. Council and signed by Mayor Vincent Gray earlier this summer. It doubles mandatory minimum jail terms for people with blood-alcohol concentrations of .20 percent or higher and establishes a blood-alcohol limit of .04 percent for commercial drivers, including taxi drivers.

The law also establishes new oversight for the district's breath-testing program. But there's still no timetable to the resumption of breath tests, which D.C. police stopped using in February 2011 in the wake of revelations that their breath-testing devices had produced inaccurate results. Police have been using urine and blood tests instead.

A year earlier, District of Columbia officials had notified defense lawyers about nearly 400 drunken-driving convictions that relied, at least party, on inaccurately calibrated blood-alcohol tests.

More than two dozen people sued the district over convictions based on those flawed tests, and the district Attorney General's office said Tuesday that all the outstanding lawsuits had been settled. The district paid a total of $136,000 to 17 plaintiffs, with individuals receiving between $2,000 and $42,000, said Jeffrey Rhodes, a lawyer for the plaintiffs.

Eugene Family Law Firm - MJM Law Office, P.C.

MJM Law Office, P.C. represents men and women throughout Lane County and surrounding areas in family law cases. Mr. Mizejewski understands the emotional turmoil that can accompany a change in your family dynamics, and he strives to protect your interests. Working in the Eugene, Oregon area, MJM Law Office represents most family law matters including: divorce, child custody, parenting time, child/spousal support, domestic violence, and juvenile dependency and delinquency. Oregon’s divorce laws are codified in Chapter 107 of the Oregon Revised Statutes. Oregon is a no-fault divorce state, which means that the only legal reason required to file a divorce is that you and your spouse cannot get along, and you see no way of settling your problems. The legal term for this is "irreconcilable differences." No evidence of fault or misconduct is required or involved, unless there has been misconduct relating to child custody.

MJM Law Office is an experienced family law firm located in Eugene, Oregon and consistently fight hard for the rights of the victims of family matters and cases. Their attorneys are able to ease one of the most emotionally draining and difficult experiences and ensure that your rights are protected. Let them help you prepare for the future and move on with your life. Visit mjmlawoffice.com for more information.

Jaguars' Blackmon appears in court on DUI count

Jacksonville Jaguars first-round draft pick Justin Blackmon appeared in an Oklahoma courtroom Monday for the first time since his weekend arrest for suspicion of drunken driving.
The former Oklahoma State star wide receiver's attorney entered a not guilty plea for him to a misdemeanor count of driving under the influence. Blackmon was allowed to remain free on $1,000 bond.
Police arrested Blackmon during a traffic stop in Stillwater early Sunday after a breath test allegedly showed his blood alcohol content to be three times the legal limit.
Blackmon left the courtroom surrounded by friends. His attorney, Cheryl Ramsey, declined to comment.
The Jaguars selected Blackmon fifth overall in April's draft. A team spokesman said Sunday that the Jaguars were trying to learn more about the arrest and had no comment.
Blackmon has not yet signed with the Jaguars, and it was not immediately known how the charge might impact negotiations.
Blackmon is Jacksonville's fourth first-round draft pick since 2000 to face problems after being selected. The team has tried for nearly a decade to find a suitable replacement for its best receiving tandem ever, Jimmy Smith and Keenan McCardell.

Fed court reverses order for VA system overhaul

A federal appeals court on Monday reversed its demand that the Veterans Affairs Department dramatically overhaul its mental health care system.

A special 11-judge panel of the 9th U.S. Circuit Court of Appeals said that any such changes need to be ordered by Congress or the president.

The 10-1 ruling reversed an earlier decision by a three-judge panel of the same court.

The May 2011 ruling had ordered the VA to ensure that suicidal vets are seen immediately, among other changes. It found the VA's "unchecked incompetence" in handling the flood of post-traumatic stress disorder and other mental health claims was unconstitutional.

The new decision said courts are powerless to implement the fixes sought by two veterans groups that filed the lawsuit against the VA in 2007. The lawsuits alleged that hundreds of thousands of veterans had to wait an average of four years to fully receive the mental health benefits owed them.

"There can be no doubt that securing exemplary care for our nation's veterans is a moral imperative," Judge Jay Bybee wrote for the majority. "But Congress and the president are in far better position" to decide whether and what changes need to be done

Difference Between Chapter 7 and 13 Bankruptcy

The Law Offices of Dennis R. Wheeler

There are major differences between Chapter 7 and 13 Bankruptcy. The Chapter 7 Bankruptcy is one of the most popular forms of bankruptcy chosen by clients. This type is also known as liquidation bankruptcy and consumers agree to allow their bankruptcy trustee to expunge your non-exempt assets in exchange for a discharge of debts. Normally, this type of bankruptcy would take up to three to four months for completion. However, in Chapter 13 Bankruptcy, consumer assets are not liquidated. Chapter 13 is more known as wage earner's bankruptcy and involves a repayment plan with the bankruptcy court to pay back portions of your debts over a few years time period. Normally, this type of bankruptcy is extended over a three to five year plan. Most debts after the repayment plan would be discharged by the court after completion.

My closing thoughts and statements: The Law Offices of Dennis R. Wheeler has expertise in both Chapter 7 & Chapter 13 Bankruptcy. Having represented for numerous clients in the Bay Area and San Francisco, their reputation for effective results has been acknowledged. It is always their goal to apply their experience to providing the highest level of personal service to each individual client.

Israel top court takes Palestinian detainee appeal

Israel's Supreme Court has scheduled a hearing this week on the appeal of a Palestinian prisoner waging an unprecedented hunger strike that has stretched for more than two months, court officials and his lawyers said Monday.

Khader Adnan, a member of the Islamic Jihad militant group, is demanding he be released immediately. He has not been charged with a crime and does not know what he is suspected of doing.

The case of the 33-year-old Adnan has attracted widespread attention among Palestinians, with large crowds holding regular protests in his support.

The life-threatening gamble has also drawn broader attention toward Israel's policy of "administrative detention," under which Palestinians can be held without charge for months, and even years, at a time.

Both the European Union and the United Nations have said they are following the case closely and urged Israel to give Adnan an open trial.

Adnan was arrested on Dec. 17 and later sentenced to four months of administrative detention. He launched the strike a day after his arrest, protesting his administrative detention and claiming he was beaten and humiliated in captivity.

Lower Chinese court rules shops should pull iPads

Apple's dispute over the iPad trademark deepened Monday after the Chinese company that claims ownership of the name said it won a court ruling against sales of the popular tablet computer in China.

Xie Xianghui, a lawyer for Shenzhen Proview Technology, said the Intermediate People's Court in Huizhou, a city in southern China's Guangdong province, had ruled on Friday that distributors should stop selling iPads in China.

The ruling, which was also reported widely in China's state media, may not have a far-reaching effect. In its battle with Apple, Proview is utilizing lawsuits in several places and also requesting commercial authorities in 40 cities to block iPad sales.

Apple Inc. said in a statement Monday that its case is still pending in mainland China. The company has appealed to Guangdong's High Court against an earlier ruling in Proview's favor.

Apple insists it holds the trademark rights to the iPad in China.

Famed Spain judge convicted of misusing authority

The Spanish judge celebrated for pursuing international human rights cases was convicted of overstepping his jurisdiction in a domestic corruption probe Thursday and barred from the bench for 11 years, completing a spectacular fall from grace for one of Spain's most prominent people.

A seven-judge panel of the Supreme Court convicted Baltasar Garzon unanimously. He is 56, so the punishment could effectively end his career in Spain.

Garzon acted arbitrarily in ordering jailhouse wiretaps of detainees talking to their lawyers, the court said, adding that his actions "these days are only found in totalitarian regimes."

Ironically, Garzon is best known for indicting a totalitarian ruler, former Chilean dictator Augusto Pinochet, in 1998, and trying to put him on trial in Madrid for crimes against humanity.

Garzon acted under the principle of universal jurisdiction — the idea that some crimes are so heinous they can be prosecuted anywhere. He and colleagues at the National Court went on to champion this doctrine and try to apply it to abuses in such far-flung places as Rwanda and Tibet. Garzon also indicted terror mastermind Osama bin Laden in 2003 over the Sept. 11 attacks in the United States.

Fugitive sibling to appear in Colo. court

One of the three siblings accused in a multi-state crime spree is scheduled to enter a plea deal in court on Thursday.

Prosecutors and Lee Grace Dougherty, 29, are scheduled to present a plea deal to Judge Claude Appel during a hearing, spokesman Rob McCallum said.

Prosecutors and her attorney aren't commenting, citing a judge imposed gag order. Prosecutors last week dropped attempted-murder charges against her and instead charged her with eight felony first-degree assault and menacing charges. Each charge corresponds to an officer involved in a high-speed chase Aug. 10 in southern Colorado.

Dougherty and her two brothers — Ryan Dougherty, 21, and Dylan Stanley-Dougherty, 26 — are accused of shooting at a police officer in Florida, as well as robbing a Georgia bank before being captured in southern Colorado on Aug. 10.

There's no word yet on whether the brothers have also reached plea deals. Colorado, federal and Florida prosecutors have been discussing possible plea deals involving them.

Attorneys for the siblings have questioned whether prosecutors' evidence could prove that the siblings were trying to harm or kill officers, pointing to an apparent lack of bullet holes on police cruisers involved in the chase.

Glancy Binkow & Goldberg LLP Announces Class Action

Notice is hereby given that Glancy Binkow & Goldberg LLP has filed a class action lawsuit in the United States District Court for the Southern District of New York on behalf of all purchasers of the American Depositary Shares of China Medical Technologies, Inc. between November 26, 2007 and December 12, 2011, inclusive seeking to pursue remedies under the Securities Exchange Act of 1934.

A copy of the Complaint is available from the court or from Glancy Binkow & Goldberg LLP. Please contact us by phone to discuss this action or to obtain a copy of the Complaint at (310) 201-9150 or Toll Free at (888) 773-9224, by email at shareholders@glancylaw.com, or visit our website at http://www.glancylaw.com.

China Medical develops, manufactures and markets immunodiagnostic and molecular diagnostic products. The Complaint alleges that throughout the Class Period defendants made false and/or misleading statements and/or failed to disclose material adverse facts about the Company's business, operations and prospects, including: (1) that the Company’s acquisition of Beijing Bio-Ekon Biotechnology Co. Ltd. (“BBE”) was from a third-party seller connected to China Medical’s CEO; (2) that the Company substantially overpaid to acquire BBE; (3) that China Medical’s acquisition of BBE involved the use of fraudulent shell companies; (4) that the Company was suffering substantial operating losses prior to the acquisition; (5) that a majority of the Company’s accounts receivable were in excess of 120 days; (6) that, as a result, China Medical’s financial results were overstated; (7) that the Company lacked adequate internal and financial controls; and (8), as a result of the foregoing, that the Company's statements were materially false and misleading at all relevant times.

Plaintiff seeks to recover damages on behalf of class members and is represented by Glancy Binkow & Goldberg LLP, a law firm with significant experience in prosecuting class actions and substantial expertise in actions involving corporate fraud.

http://www.glancylaw.com

Ex-governor's pardons go before Miss. high court

The Mississippi Supreme Court is set to hear arguments over whether ex-Gov. Haley Barbour legally pardoned 10 current and former inmates.

Among the inmates are four convicted murderers who served as trusties at the Governor's Mansion while Barbour was in office.

The Supreme Court is not expected to rule Thursday.

Barbour pardoned 198 people in his final days in office. Most were already out of prison, some for years or decades.

State Attorney General Jim Hood is challenging the legality of some of the pardons, saying some people didn't publish notifications as Hood says is required in Mississippi's Constitution.

Five of those pardoned are being held in jail on a temporary restraining order while the legal wrangling plays out.

Appeals court halts deportation of 7 immigrants

A federal appeals court has put the Obama administration's new immigration directive to the test by halting the deportation of seven immigrants alleged to be in the country illegally.

In a 2-1 ruling on Monday, the 9th U.S. Circuit Court of Appeals demanded the Obama administration explain whether the immigrants can avoid deportation because of two memos released last year by U.S. Immigration and Customs Enforcement director John Morton urging prosecutors to use "discretion" when deciding whether to pursue immigration cases.

Morton's initial memo in June said prosecutors should take into account such factors as U.S. military service, criminal records, family ties and length of stay in the country when deciding whether to start formal deportation proceedings against undocumented immigrants. He issued another in November explaining further how to implement the guidelines.

Since then, though, immigration advocates and lawyers have been complaining that prosecutors have been too slow to call off deportation proceedings of immigrants meeting the criteria. The advocates view the appeals court's rulings as a call to action.