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High court appears to favor Ala. death row inmate
Headline Legal News |
2011/10/03 11:27
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The Supreme Court appeared likely Tuesday to order a new court hearing for an Alabama death row inmate who lost the chance to appeal his death sentence because of a mailroom mix-up at a venerable New York law firm.
Both conservative and liberal justices indicated they would throw out a federal appeals court ruling that relied on the missed deadline to refuse to consider Cory Maples' claims that he received inadequate legal representation, dating back to his trial on charges he gunned down two friends in 1995.
Justice Samuel Alito, a former federal prosecutor, said he did not understand why Alabama fought so hard to deny Maples the right to appeal when the deadline passed "though no fault of his own."
Justice Antonin Scalia was the only member of the court who appeared to agree with the state's argument that Maples' protests are overblown because he was never left without a lawyer. The state also says the role of Maples' lawyers in missing the deadline is unfortunate but nothing the court should correct under its earlier rulings.
Gregory Garre, a former solicitor general who is representing Maples in the Supreme Court, said the earlier legal work for Maples was so bad that it violated the Constitution.
Whatever the shortcomings of Maples' trial lawyers, he appeared to "win the lottery" when two lawyers at Sullivan and Cromwell agreed to represent him for free in his appeals, Garre said. The New York-based firm has 800 lawyers and offices in a dozen cities. |
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Appeals court hears challenge to health care law
Headline Legal News |
2011/09/26 09:44
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A conservative-leaning panel of federal appellate judges raised concerns about President Barack Obama's health care overhaul Friday, but suggested the challenge to it may be premature.
The arguments at the U.S. Court of Appeals in Washington over a lawsuit against Obama's signature domestic legislative achievement focused on whether Congress overstepped its authority in requiring people to buy health insurance or pay a penalty on their taxes, beginning in 2014.
But Judge Brett Kavanaugh, a former top aide to President George W. Bush who appointed him to the bench, said that he has a "major concern" that courts might not be able to rule on the law's constitutionality until 2015. That's because a federal law bars most challenges to tax-related legislation before the tax or penalty is paid.
A federal appeals court in Richmond cited that law in throwing out another challenge to the overhaul. Two other appeals courts have reached differing conclusions — one declaring the law unconstitutional and the other upholding it. The Supreme Court is expected to weigh in and could possibly even decide to review the law before the Washington circuit issues an opinion.
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National Mesothelioma Awareness Day 2011
Headline Legal News |
2011/09/22 23:44
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National Mesothelioma Awareness Day 2011 carries special meaning for New York-based Weitz & Luxenberg, P.C., one of the nation's leading personal injury law firms, because so many of its clients are mesothelioma victims on whose behalf hundreds of millions of dollars in verdicts and settlements have been won.
Arthur Luxenberg, founding partner of Weitz & Luxenberg, explains that mesothelioma is a relatively rare form of cancer that strikes as many as 3,000 Americans each year.
"A common cause of mesothelioma is asbestos exposure," he says. "Victims tend to be electricians, plumbers, armed forces veterans -- anyone who worked with or around asbestos. The condition develops decades after exposure, but the disease can prove fatal within a year of diagnosis. At present, there is no cure. And to make matters worse, family members also often fall prey to mesothelioma as a result of secondary exposure to asbestos fibers carried into the home by the primary victim."
Weitz & Luxenberg has been able to play a pivotal role in the ongoing effort to compensate mesothelioma victims thanks to its extensive experience and vast resources.
"Mesothelioma awareness is an extremely serious issue, and we at Weitz & Luxenberg are grateful for the opportunity National Mesothalioma Awerness Day 2011 affords us to inform people about it, to build broader partnerships that hopefully can deliver more help to victims," says Luxenberg.
The disease -- which affects internal organs by attacking surrounding membranes -- receives less attention than it deserves, health advocates insist. Their raised voices helped convince Congress to acknowledge the problem of mesothelioma by proclaiming Sept. 26, 2011 National Mesothelioma Awareness Day.
About Weitz & Luxenberg
Founded in 1986 by attorneys Perry Weitz and Arthur Luxenberg, Weitz & Luxenberg, P.C., today ranks among the nation's leading law firms. It specializes in multiple litigation fields including: mesothelioma; defective medicine and devices; environmental pollutants; accidents; personal injury; and medical malpractice. Weitz & Luxenberg offers free legal consultation to injured parties by calling 1-800-476-6070 or by emailing clientrelations@weitzlux.com. More information is available at www.weitzlux.com
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Court: Samsung can't sell tablet in Germany
Headline Legal News |
2011/09/09 06:51
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A German court rules that Samsung Electronics's Galaxy Tab cannot be sold in Germany because it violated patents of rival Apple's iPad2.
A Duesseldorf state court said Friday it would not allow Samsung, based in Seoul, South Korea, to market its Galaxy Tab 10.1 in Germany because it too closely resembles the iPad2.
Already in August, the court had ruled in favor of Apple, based in Cupertino, California, forcing Samsung to withdraw its tablet from the market.
Samsung challenged the ban. The companies are involved in a series of legal disputes in countries around the world over allegations that each copies the other's technology.
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Administration moves plan to ax hundreds of rules
Headline Legal News |
2011/08/23 10:29
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The Obama administration disclosed plans Tuesday to cut or roll back hundreds of federal regulations, including some that will streamline tax forms at the Internal Revenue Service, let railroad companies pass on installing expensive new technology, and speed up the visa process for low-risk visitors to the U.S.
The administration said the regulations will save businesses up to $10 billion over the next five years and spur job growth in the private sector.
The move, announced while President Barack Obama was on vacation in Martha's Vineyard, was the latest White House gesture to reach out to a business community that has often felt alienated from the administration.
The move was criticized by some as too little, too late.
"The administration's findings and determinations, on their own, are a worthy effort at making technical changes to the regulatory process, but the results of this look-back will not have a material impact on the real regulatory burdens facing businesses today," said Bill Kovacs, senior vice president at the U.S. Chamber of Commerce.
Administration officials said the plans unveiled Tuesday include 500 regulatory reforms, including more than 100 from the Department of Transportation and more than 70 from the Department of Health and Human Services. Once the reforms are fully implemented, the administration estimates businesses will save about $10 billion over five years.
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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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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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