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30 Oct 3:22 pm
In recent installments of Dahlia Lithwick's "Amicus" podcasts on Slate: Episode two was titled "Let's Salsa With Sotomayor: Dahlia Lithwick on the Supreme Court's second week and a new biography of the court's first Latina justice." And episode three was titled "Revenge of the Octogenarians: Dahlia Lithwick talks with Jeffrey Toobin about Obama's judicial legacy, and how Ruth Bader Ginsberg may want Dahlia's job." [read post]
30 Oct 3:16 pm
"Why Whirlpool's win in moldy washer trial vindicates consumer class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today. [read post]
30 Oct 3:11 pm
The records reveal that the accused moves before the Court, pursuant to Criminal Procedure Law, section 440.20, in order to vacate the sentences imposed upon him pursuant to an Indictment. It appears that after having been found Guilty by a jury of the Crimes of Burglary in the Third Degree and Grand Larceny in the First Degree, he was sentenced to an indeterminate term of imprisonment for a maximum of ten years and a minimum of five years under each count, said sentences to be served consecutively. The accused asserts that these sentences are violative of former Penal Law Section… [read post]
30 Oct 3:10 pm
Nesta quinta-feira (30), o Plenário do Supremo Tribunal Federal (STF), por unanimidade, julgou procedente a Ação Direta de Inconstitucionalidade (ADI) 4161, ajuizada pelo Conselho Federal da Ordem dos Advogados do Brasil (OAB) contra o artigo 7º da Lei 6.816/2007 do Estado de Alagoas. A norma estabelecia o recolhimento de depósito recursal para a interposição de recurso cível perante os Juizados Especiais do estado. Em 29 de outubro de 2008, o Plenário da Corte concedeu liminar suspendendo a eficácia do dispositivo… [read post]
30 Oct 3:10 pm
Por maioria de votos, o Plenário do Supremo Tribunal Federal (STF) deu provimento ao Recurso Extraordinário (RE) 569441 e entendeu que incide contribuição previdenciária sobre parcela relativa à participação nos lucros no período posterior à promulgação da Constituição Federal de 1988 e anterior à entrada em vigor da Medida Provisória 794/1994, que regulamentou a matéria. O tema teve repercussão geral reconhecida. Após o voto do ministro Dias Toffoli… [read post]
30 Oct 3:10 pm
"Disagree in Good Faith? Sonia Sotomayor pushes other Supreme Court justices past their comfort zones." John Paul Rollert has this jurisprudence essay online at Slate. [read post]
30 Oct 3:04 pm
The legislative findings continue: “Once the letter of the law is complied with, including the essential showing that there is a pattern of conduct which is criminal under existing statutes, the question whether to prosecute under those statutes or for the pattern itself is essentially one of fairness. The answer will depend on the particular situation and is best addressed by those institutions of government which have traditionally exercised that function: the grand jury, the public prosecutor, and an independent judiciary”. In the furtherance of the tenor of the… [read post]
30 Oct 2:58 pm
Why does a plaintiff involved in personal injury litigation need pre-settlement funding? Lawsuit cash advances, sometimes called "lawsuit loans", can help serious accident victims who might otherwise have trouble paying medical bills, mortgage payments, car payments, rent, or other living expenses while waiting for their personal injury lawsuit to resolve or a settlement to be determined. A settlement can take years to reach, time insurance companies have but innocent victims do not. A woman suffered a serious injury in an auto accident with a drunk driver. As a result of the… [read post]
30 Oct 2:55 pm
Probate is a legal proceeding in which a deceased person's property is distributed to his or her heirs. As part of the process a personal representative is appointed to follow through with disposing of any assets owned by the deceased person. Probate can be either informal, meaning there is an original will available and there are not challenges to that will, or it can be formal. Although probates can definitely be complex, even in handling an informal, uncontested probate, it is still a smart idea to hire a lawyer. Probate starts by filing a petition with the court. The petition… [read post]
30 Oct 2:42 pm
KANSAS: Milton Wolf To Tea Partiers: Let’s Set Aside Our Differences And Elect Pat Roberts Next Week. I had dinner with him in Kansas City a couple of weeks ago and he was struggling with this. I think he did the right thing. I’d much rather have seen Wolf nominated than Roberts, but I’d much rather see Roberts in the Senate than Greg Orman. The difference between a majority-Republican Senate and a majority-Democrat Senate will be huge over the next two years. [read post]
30 Oct 2:41 pm
The South Carolina state election commission had put the election on hold. Here is the Petition. … Continue reading → [read post]
30 Oct 2:40 pm
"Supreme Court set to hear momentous whistleblower case": Jeremy P. Jacobs of Greenwire has this report. [read post]
30 Oct 2:37 pm
The next chief executive of Maryland will face a number of environmental and energy policy challenges. [read post]
30 Oct 2:37 pm
The estate of a woman who died six days after undergoing liposuction surgery at Monarch Med Spa in 2012 has filed a wrongful death lawsuit against the since-closed cosmetic surgery center. [read post]
30 Oct 2:36 pm
"Justices consider Texas rape-murder case": Mark Sherman of The Associated Press has this report. [read post]
30 Oct 2:31 pm
Federal prosecutors and agents put lives at risk by allowing a suspected arms smuggler to sneak thousands of grenade components across the Mexican border into the hands of drug cartel members, according to a new report by the Justice Department's inspector general's office. [read post]
30 Oct 2:30 pm
Alabama Bail Bondsman Sentenced for Stealing Identities that Were Used to File Fraudulent Tax Returns A former bail bondsman in Dothan, Alabama, was sentenced yesterday to serve 51 months in prison for his involvement in a stolen identity tax refund fraud (SIRF) scheme, Acting Deputy Assistant Attorney General Larry J. Wszalek for the Justice Department's Tax Division and U.S. Attorney George L. Beck Jr. for the Middle District of Alabama announced. Roderick Neal was also ordered to pay $109,480 in restitution and to serve three years of… [read post]
30 Oct 2:24 pm
I thought I’d pass along this very interesting article by Judge Andrew J. Guilford, from today’s L.A. Daily Journal. I think the heading style he suggests is functionally better in many ways, for the reasons he mentions. The risk, though, is that, because it’s unusual and unfamiliar to many readers, it might be jarring and offputting to some, despite its functional advantages; so while I’d gladly use it in Judge Guilford’s courtroom, it might be dangerous for lawyers to use unless they’re confident that their readers prefer it. 1.0 A HEADS UP ON… [read post]
30 Oct 2:20 pm
Today's New York Times has this editorial headlined "California Leads on Justice Reform: Prop 47 Could Take the State a Step Further in Reducing Overcrowding." Here are excerpts: For a long time, the conventional political wisdom was that no one... [read post]
30 Oct 2:20 pm
The founder of the file-sharing site Pirate Bay was found guilty today in Denmark on hacking charges unrelated to the web site. Swedish national Gottfrid Svartholm was found guilty of hacking into servers belonging to the U.S. technology firm CSC after being partially acquitted of other hacking charges in Sweden. In the Danish case, Svartholm […] The post Pirate Bay Founder Convicted on Hacking Charges appeared first on WIRED. [read post]