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Toyota class action suit to start with Utah case
Top Court Watch |
2011/06/24 22:41
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The first lawsuit to go to trial in a massive class action against Toyota Motor Corp. over acceleration problems that led the company to recall 14 million cars will involve a crash that killed two people in western Utah, a federal judge said Friday.
U.S. District Judge James Selna told attorneys the case of 38-year-old Charlene Jones Lloyd and 66-year-old Paul Van Alfen, whose Toyota Camry slammed into a wall in Utah in 2010, is scheduled to go to trial in February 2013.
The case - Van Alfen v. Toyota Motor Sales, U.S.A., Inc. - will be the first of several bellwether lawsuits, intended to determine how the rest of the litigation will proceed.
Selna wrote in a tentative order that he hoped the selection would markedly advance these proceedings.
The Court believes that selection of a personal injury/wrongful death case is most likely the type of case to meet that goal, Selna said.
Toyota said it welcomes the Utah case as the first suit to reach court.
We are pleased that the initial bellwether will address plaintiffs' central allegation of an unnamed, unproven defect in Toyota vehicles, as every claim in the multi-district litigation rests upon this pivotal technical issue, the company said in a statement.
Toyota has previously argued the plaintiffs have been unable to prove that a design defect in its electronic throttle control system is responsible for vehicles surging unexpectedly. It has instead blamed driver error, faulty floor mats and sticky accelerator pedals. |
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N.Y. governor signs gay marriage into law
Legal Blog News |
2011/06/24 22:40
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Gov. Andrew Cuomo has signed New York's gay marriage bill, starting what is expected to be a crush of gay weddings starting in 30 days.
The Democratic governor signed the measure shortly before midnight Friday, following up on a promise to put his name on the legislation as soon as he received it rather than wait the usual 10 days to sign it for it to become law.
New York lawmakers narrowly voted to legalize same-sex marriage, handing activists a breakthrough victory in the state where the gay rights movement was born.
New York will become the sixth state where gay couples can wed and the biggest by far.
“We are leaders and we join other proud states that recognize our families and the battle will now go on in other states,” said Sen. Thomas Duane, a Democrat.
Gay rights advocates are hoping the vote will galvanize the movement around the country and help it regain momentum after an almost identical bill was defeated here in 2009 and similar measures failed in 2010 in New Jersey and this year in Maryland and Rhode Island. |
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Ex-Delaware pediatrician guilty of child sex abuse
Topics in Legal News |
2011/06/23 11:39
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A former Delaware pediatrician who decorated his office with Disney characters and miniature amusement park rides was found guilty Thursday of sexually abusing scores of his young patients.
Earl Bradley, 58, recorded homemade videos of the abuse, said prosecutors, who presented the judge with more than 13 hours of videos showing sex crimes against more than 80 victims, most of whom were toddlers.
Superior Court Judge William Carpenter Jr. announced the verdict in business-like fashion, avoiding any personal remarks about Bradley. An indictment against Bradley initially contained 470 counts, but attorneys agreed before the trial to consolidate them into 24 counts.
Bradley was found guilty on 14 counts of first-degree rape and five counts each of second-degree assault and sexual exploitation of a child.
Bradley, who will be sentenced on Aug. 26, faces up to life in prison on each rape charge.
He showed no reaction when the verdict was announced, but some of the spectators cried.
Carpenter presided over a one-day trial in which prosecutors called two witnesses and presented the judge with an external hard drive containing the videos, recorded from December 1998 to Dec. 13, 2009. Bradley was arrested after a 2-year-old girl told her mother the doctor hurt her after an office visit, an accusation that came just days before the last video was recorded.
In a footnote to his verdict, the judge wrote that he was unable to discern the video activity for one alleged victim and there was no video for another. |
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Court documents shed light on Bulger travels
Law & Court News |
2011/06/22 22:39
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Newly-unsealed court documents detail some of the early travels of James Whitey Bulger and his longtime girlfriend Catherine Greig following Bulger's 1995 indictment.
In an affidavit dated April 25, 1997, then-FBI Special Agent Charles Gianturco writes that Bulger and Greig spent time in New York on Long Island and in Grand Isle, La., in 1995 and 1996.
According to the affidavit, Bulger and Greig checked into a hotel under the names Mr. and Mrs. Tom Baxter in the fall of 1995, and that Bulger had also used that name when he befriended a man in neighboring Selden told him he was a merchant seaman.
The criminal complaint against Grieg was unsealed Thursday in Boston following the arrests of Bulger and Grieg in Santa Monica, Calif. It charges Greig with harboring and concealing Bulger. |
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Kansas court system works to improve efficiency
Attorney Blog News |
2011/06/22 22:39
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Judges and court workers have completed the data-collection part of a study aimed at making Kansas' court system more efficient.
The Wichita Eagle reported that the data will be analyzed by the National Center for State Courts. That national nonprofit group works to improve the justice system and lobbies on behalf of courts at the federal level.
The results of the $200,000 consultant study of how judges and other court workers spend their time will go to a panel that will recommend changes if they are needed.
Kansas Supreme Court Chief Justice Lawton Nuss said the panel also is gathering public input on ways to improve the courts. The two initiatives are called Project Pegasus, after the winged horse in Greek mythology.
The goal is to prevent situations like last year when courts were closed four days.
When our budget is cut or when we don't have enough money, it is our people who suffer, they're the ones who have to get sent home, Nuss told members of the Wichita Pachyderm Club, a Republican group, this past week. Unfortunately that also comes at the expense of Kansas citizens, because when we have no money and we have to close the courts, the citizens no longer have access to justice.
Nuss said most of the consultant study is being paid for mostly from salary and benefit savings accrued after appellate Judge Jerry Elliott died in April of last year and former Supreme Court Chief Justice Robert Davis died last August. |
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