Posts tagged with: "supreme+court"
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13 Oct 2012, 5:54 am by Lee Davis
The Tennessee Supreme Court recently denied an appeal by a man from Knoxville attempting to have his felony murder conviction overturned. The man, Travis Kinte Echols, had been sentenced to life in prison and appealed claiming that there had been a number of errors during his trial. Echols claimed that the trial court failed to suppress a statement the defendant made to the police which he said was the product of an unlawful arrest. Echols appealed his case to the Tennessee Court of Criminal Appeals… [read post]
9 Aug 2010, 12:42 pm by Glenn R. Reiser
A recent New Jersey Supreme Court decision serves as a wake-up call to part-time municipal court judges and the law firms which employ them: Do not use the law firm's checking account to make political contributions. In In the Matter of Philip N. Boggia, Judge of The Municipal Court, (D-118-08)(July 27, 2010), the Advisory Committee on Judicial Conduct ("ACJC") found by clear and convincing evidence that Philip N. Boggia, a part-time municipal court judge for the Borough of Moonachie, NJ and a… [read post]
25 Apr 2013, 5:02 am by Dianne Saxe
We have written several times about the Supreme Court of Canada’s decision in AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In short, the Supreme Court ruled that environmental orders can jump the insolvency queue, and take priority over other creditors, but only when the province is NOT likely to pay for the work itself. For a… [read post]
31 Aug 2011, 6:46 am by McNabb Associates, P.C.
The Los Angeles Times on August 31, 2011 released the following: "Lawyers for the Tucson shooting suspect say his involuntary treatment with anti-psychotic drugs is a violation of his rights. By Carol J. Williams, Los Angeles Times Prison doctors are violating the rights of Tucson shooting suspect Jared Lee Loughner by forcibly medicating him with drugs more powerful than needed to control his outbursts, defense lawyers told a federal appeals court Tuesday. The three-judge panel weighing Loughner's… [read post]
16 Jun 2011, 2:00 am by Stefanie Levine
The Supreme Court has decided three cases this past month that could have a big effect on patent law. To help you understand the significance of these decisions and their implications, PLI is offering three timely and topical One-Hour Audio Briefings. 1. June 24th - Global-Tech v. SEB: Supreme Court Holds knowledge Requirement Satisfied by Willful Blindness for Patent Infringement: On May 31, 2011, the U.S. Supreme Court handed down its decision in Global-Tech Appliances, Inc. v. SEB S.A. In an 8-1… [read post]
7 Dec 2012, 6:31 am by admin
Is it time for the Courts to eliminate eyewitness identifications in criminal trials? [read post]
7 Apr 2011, 12:41 pm by Associated Press
Updated election returns posted on a Wisconsin county's website would flip the winner of the Wisconsin Supreme Court race. [read post]
29 Jun 2011, 4:58 pm by Justin Tenuto
The Supreme Court: the only people who can wear robes in public and not look ridiculous After handing down a slew of opinions on Monday — including the long awaited violent video game ruling — the Supreme Court adjourned for the summer. While the Justices go off to lucrative speaking gigs and much-needed vacations, court watchers are trying to piece together The Big Takeaways from another eventful term. We’re no exception. Having looked through all the cases decided this term, we noticed… [read post]
17 Jan 2013, 5:21 am by Henry Sneath
Yesterday the US Supreme Court heard oral argument  in Gunn v. Minton (No. 11-1118, U.S. Sup) where the issue is the long debated question of proper jurisdiction for patent law legal malpractice cases. For more background, please see a December 3, 2012 post by my colleague Kelly Williams in this blog and to read the Amicus brief filed by the AIPLA.  Read the transcript of yesterday’s Supreme Court oral argument here:… [read post]
24 Jun 2011, 8:26 am by McNabb Associates, P.C.
Associated Press on June 24, 2011 released the following: "CHICAGO (AP) - The long-running legal saga of a once-powerful media mogul whose newspaper empire spanned several continents reaches a climax on Friday when a federal judge decides whether to send him back to prison or let him remain free based on time served. Prosecutors who brought the fraud case against Conrad Black, 66, have depicted him as a devil-may-care elitist who looks down his nose at the rest of humanity. The defense counters he… [read post]
21 Jun 2011, 1:07 pm by Dianne Saxe
Today, the US Supreme Court reversed the groundbreaking decision, Connecticut v. American Power, which had allowed states, New York City and private land trusts to sue major greenhouse gas producers in nuisance, whether or not their emissions breached federal statute law. The Court held that all federal common-law rights to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants were “displaced” by the federal Clean Air Act and actions that the… [read post]
3 May 2012, 11:52 am by McNabb Associates, P.C.
The New York Times on May 2, 2012 released the following: "By ERIC LICHTBLAU WASHINGTON - A leading House Democrat is demanding information from the country's biggest cellphone companies about their role in helping local police departments conduct surveillance and tracking of suspects and others in criminal investigations. Representative Edward J. Markey of Massachusetts, the co-chairman of the Congressional Bipartisan Privacy Caucus, said in a letter sent Wednesday to eight major wireless carriers… [read post]
30 Nov 2010, 11:11 am by Stefanie Levine
The following was sent in by Gene Quinn, of IPWatchdog and Practice Center Contributor. Yesterday, the United States Supreme Court granted certiorari in Microsoft Corporation v. i4i Limited Partnership, with Chief Justice John Roberts taking no part in the decision or petition. The Supreme Court did not request the views of the Solicitor General, choosing rather to accept the matter with no input from the United States government. The decision to grant cert. comes only days after the United States… [read post]
22 May 2012, 8:40 am by McNabb Associates, P.C.
Myrtle Beach Online on May 21, 2012 released the following: "By Anne Blythe GREENSBORO - John Edwards might be the one with the most to win or lose with the jury deliberating his fate, but the U.S. Department of Justice has a lot riding on his case, too. When the eight men and four women return to the federal courthouse in downtown Greensboro Tuesday morning, they will begin their third day of deliberations in a case that also has put the Justice Department's small public-integrity section under… [read post]
28 Mar 2012, 8:40 am by admin
For those of you who can’t get enough of the Supreme Court’s arguments over health care reform, here’s a live blog courtesy of The Wall Street Journal. And here’s the official transcript. For all those who aren’t judicial junkies, here’s a brief overview. Enjoy! [read post]
9 Jun 2011, 2:00 am by Stefanie Levine
Mary Hess Eliason, an Associate with Birch Stewart Kolasch and Birch, sent in this article discussing the recent Supreme Court decision of Stanford v. Roche . The article highlights key points in both Chief Justice Roberts' majority opinion and Justice Breyer's dissent and questions whether this case presented the appropriate fact situation to address the issues at hand. When an invention is conceived, it is generally presumed to be owned by the inventor under U.S. patent law.[1] The Supreme Court… [read post]
30 Oct 2012, 11:24 am by Antonin I. Pribetic
The UK Supreme Court has rejected outright the Supreme Court of Canada’s “real and substantial connection” test for recognition and enforcement of foreign default judgments. The UK decision in Rubin v. Eurofinance [2012] UKSC 46 arises from two appeals:  Rubin v Eurofinance SA (“Rubin”) and New Cap Reinsurance Corpn Ltd v Grant (“New Cap”), both dealing with the issue of whether an order or judgment of a foreign court (on these appeals the United States Bankruptcy Court for the… [read post]
3 May 2012, 2:15 pm by McNabb Associates, P.C.
The Federal Bureau of Investigation (FBI) on May 3, 2012 released the following: "Explicitly Charges Bribery and Kickback Theory, Pursuant to Decision of the U.S. Court of Appeals for the Second Circuit ALBANY, NY- A federal grand jury in Albany returned a superseding indictment today against Joseph L. Bruno, the former New York State Senate majority leader. Bruno is charged with carrying out a scheme to defraud the state of New York and its citizens of the right to his honest services through… [read post]
16 Feb 2011, 11:39 am by William L. Pfeifer, Jr.
There are a number of mistakes trial lawyers make when they venture into Alabama appellate law practice, some of which were covered in our last post on Should Trial Lawyers Handle Their Own Appeals. In that post, we discussed some of the observations made by appellate court judges on why trial lawyers may want to think [...] [read post]
22 Mar 2012, 7:03 am by McNabb Associates, P.C.
The Washington Post on March 21, 2012 released the following: "By Robert Barnes A divided Supreme Court ruled for the first time Wednesday that the guarantee of effective legal representation applies to plea bargain agreements, significantly expanding the constitutional rights of defendants as they move through the criminal justice system. In a pair of cases decided by 5 to 4 votes, the court opened a new avenue for defendants to challenge their sentences on grounds that their attorneys gave them… [read post]