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NJ court rules against son in Plain estate dispute
Court News |
2011/07/26 06:05
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A New Jersey court has ruled against the son of Belva Plain in a dispute over the late author's estate.
John Plain had claimed his mother, the bestselling author of more than 20 novels, and sisters had schemed to cut him out of her will.
Attorneys for Belva Plain's estate argued that her son had signed an agreement in the 1990s vowing not to contest her will.
Friday's decision in state Superior Court in Essex County dismissed John Plain's claim. Plain's lawyer said he was reviewing the decision.
Belva Plain began writing her novels after raising her children and becoming a grandmother. When she died in her sleep last fall at her home in New Jersey at age 95, more than 28 million copies of her books were in print.
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Class action over L.A. telephone tax may proceed, court rules
Headline Legal News |
2011/07/26 01:11
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A class action lawsuit against the city of Los Angeles for a refund of potentially hundreds of millions of dollars in telephone taxes may proceed as a result of a unanimous ruling Monday by the California Supreme Court.
The ruling, written by Justice Ming W. Chin, upheld the right of citizens to bring class actions against municipal governments for collection of allegedly illegal taxes.
The decision will affect similar lawsuits against Los Angeles County, Long Beach and Chula Vista, lawyers in the case said. The suits claim that the governments have illegally taxed telephone users. The tax appears on phone bills.
The case against L.A. was filed in 2006. The city argued that the taxpayers should have filed individual claims for refunds before bringing a class action and won in the trial court and the appeals court.
As a result of Monday's ruling, "It's possible we will consider bringing actions against other jurisdictions," said Frank Gregorek, who argued the case for the taxpayer. The class that would recover funds would include all residents who paid the taxes.
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Class action lawsuit filed over Antero drilling
Court Watch |
2011/07/25 09:10
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A class action lawsuit has been filed against Antero Resources alleging that the company's gas drilling activities in Battlement Mesa threaten the health of residents.
The suit was filed in Denver District Court on behalf of all 5,000 residents of the unincorporated community, which is located next to Parachute in western Garfield County.
An attorney representing the residents, Corey Zurbuch, says the suit argues that drilling exposes the people of Battlement Mesa to hazardous pollution.
Antero representatives, along with others in the industry, have long argued that their activities are not hazardous to the residents of Garfield County, according to the Glenwood Springs Post Independent.
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Conn. court: church can't be sued by ex-principal
Topics in Legal News |
2011/07/25 09:04
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The Connecticut Supreme Court ruled Monday that a former Catholic school principal cannot sue the Archdiocese of Hartford on claims she was wrongly fired for not retaliating against a student, who complained about sexual remarks allegedly made by a priest now accused of abusing children.
The high court unanimously overturned a lower court ruling in favor of Patricia Dayner, former principal of St. Hedwig's School in Naugatuck. Justices said Dayner's lawsuit against the archdiocese was barred under the "ministerial exception" to state courts' authority to decide employment cases. The exception is based on the First Amendment right to freedom of religion, and the right of religious organizations to control their own internal affairs.
But the state Supreme Court, in its first ruling on the issue, didn't ban all labor-related lawsuits against religious institutions. Justices adopted the view of the 2nd U.S. Circuit Court of Appeals in New York, which ruled in 2008 that courts can decide to step into church employment disputes based on the nature of the complaints and whether court action would intrude on churches' right to decide issues related to doctrine or internal governance.
Federal appeal courts have issued conflicting rulings in ministerial exception cases. The U.S. Supreme Court will take up the issue later this year, when it hears a case involving a teacher at a church-run school in Michigan and decides whether ministerial exception applies to the Americans with Disabilities Act in cases where church workers are deemed secular, and not religious, employees.
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Trial won't feature unreleased Jackson footage
Court News |
2011/07/25 09:04
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Jurors in the Michael Jackson manslaughter case will not watch previously unseen footage from the singer's final rehearsals to determine the state of his health before his death, a judge ruled Monday.
Superior Court Judge Michael Pastor agreed with the characterization of a defense attorney for Dr. Conrad Murray that more than 100 hours of rehearsal footage condensed into the film "This Is It" did not show the singer in poor health.
Pastor also agreed with attorneys for Sony Pictures Entertainment that the clips have significant value and should not be publicly shown without a good reason.
"There is absolutely nothing in those materials that could have been of assistance to the defense," Pastor said.
The judge reviewed several hours of the footage last week then canceled plans to travel to Sony Studios over the weekend to finish watching the rest of the film that attorneys wanted to use during the upcoming trial of Murray.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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