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Court tosses Wisconsin limit on PAC donations
Court News | 2011/08/02 08:43
A federal appeals court ruling could lead to even more spending in Wisconsin's recall elections.

A 7th U.S. Circuit Court of Appeals panel ruled Monday that the state's $10,000 annual contribution limit on so-called "super PACs," or political action committees that do not coordinate with specific candidates or their campaigns, can't be enforced while a lawsuit from one of the groups is pending.

The lawsuit was brought by Wisconsin Right to Life's political action committee, and the group's attorney said it will immediately begin soliciting big-dollar donations to spend in the recalls targeting six Republicans and two Democrats.

"They will raise money in excess of the limits," said Right to Life attorney James Bopp, Jr.

To date, Wisconsin Right to Life's PAC reported spending only $325 on telephone calls in support of Republican Sen. Randy Hopper and against his Democratic challenger, Jessica King.

The appeals court said the donation limit can be exceeded while the underlying lawsuit is pending. Wisconsin Right to Life argues that the limits are an unconstitutional restriction on free speech.

Oral arguments were tentatively planned for September, after both the Aug. 9 elections targeting six Republican state senators and elections a week later involving two Democratic incumbents.



NJ court rules against son in Plain estate dispute
Court News | 2011/07/26 06:05
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.



Trial won't feature unreleased Jackson footage
Court News | 2011/07/25 09:04
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.



Paralegal accused of stealing from law firm
Court News | 2011/07/20 09:27
Authorities say a South Florida paralegal stole hundreds of thousands of dollars from her Fort Lauderdale law firm.

Miami-Dade officials on Tuesday charged 53-year-old Brenda Wilcott-Kelly with more than 80 felonies, including grand theft and forging documents. Records show she's also took money from a lawyer who was on his deathbed.

Employees of Hermelee & Geffin were in court Tuesday as Judge Dennis Murphy set Wilcott-Kelly's bond at $116,000.

Defense attorney Morgan Cronin said his client is innocent.

According to the arrest affidavit, Wilcott-Kelly took $82,472 from the firm to pay off her husband's credit cards. She is also accused of stealing $31,050 from lawyer Steven A. Schultz, while he was in the hospital. Schultz leased space from the firm.





High court sets oral arguments in campaign lawsuit
Court News | 2011/07/15 12:19
A conservative group fighting campaign finance rules in Montana says in a recent filing that it agrees disclosure laws can apply to corporate speech, but Western Tradition Partnership argues it isn't subject to current disclosure laws because its attack mailers fall outside the definition of "electioneering."

The Montana Supreme Court has set oral arguments for September in the state's challenge to a district court decision that tossed out the outright ban on corporate political spending.

Western Tradition Partnership first filed the lawsuit last year piggybacking on the high-profile Citizen's United case decided by the U.S. Supreme Court. The group aims to undo Montana's century-old restriction on corporate political spending.

Western Tradition is separately fighting a decision that it failed to report campaign expenditures. The group argues its activities are not intended to influence elections.

In a brief filed earlier this month with the Supreme Court on the main case fighting the ban corporate campaign spending, WTP made it clear it believes campaign finance regulation is OK.

"If the State is truly concerned with accountability, the state has other means at its disposal, such as disclosure laws, to make sure that people know who is speaking," Western Tradition argued in the brief. "It is inappropriate, and indeed, unconstitutional, to completely outlaw corporate political speech."



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