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Court revives Ariz. tribes lawsuit over research
Legal Blog News |
2008/12/01 18:48
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| An Arizona appeals court panel ruled Friday that the Havasupai Indian tribe can proceed with a lawsuit that claims university researchers misused blood samples taken from tribal members.pOverturning a judge's 2007 dismissal of the case, a split Arizona Court of Appeals panel said the Havasupai and other plaintiffs had provided enough information to go to trial or at least enough to go forward in trial court pending further proceedings./ppThe northern Arizona tribe, whose isolated village lies deep in a gorge off the Grand Canyon, claims Arizona State University and University of Arizona researchers misused blood samples taken from more than 200 tribal members for diabetes research in the 1990s by also using it for research into schizophrenia, inbreeding and ancient population migration./ppThe tribe claims the additional research was conducted without its permission and constituted an invasion of privacy. As a result, the tribe says, some members now fear seeking medical attention./ppAttorneys for the university system and individual researchers have argued that tribal members supplied the blood samples voluntarily and that there is legitimate public interest in data that can advance disease research. /pdiv id=hn-links-headerOn the Net:/divul class=hn-linksliHavasupai Tribe: a href=http://www.google.com/url?q=http://www.havasupaitribe.com/amp;usg=AFQjCNGKGBps6rU8CCc9S6zN6L-eW3nMIwhttp://www.havasupaitribe.com//a liArizona Court of Appeals Division One: a href=http://www.google.com/url?q=http://www.cofad1.state.az.usamp;usg=AFQjCNG7qPRLNFvqSHMXUY1jnXNgtRHCFAhttp://www.cofad1.state.az.us/a/li/ul |
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Jury convicts mom of lesser charges in online hoax
Attorney Blog News |
2008/11/26 18:47
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| A jury on Wednesday was unable to reach a verdict on the main conspiracy charge and instead convicted a Missouri woman of three minor offenses for her role in an Internet hoax that apparently drove a 13-year-old girl to suicide.pThe Los Angeles federal court jury rejected felony charges of accessing a computer without authorization to inflict emotional distress on young Megan Meier./ppHowever, the jury found defendant Lori Drew guilty of three counts of the lesser offense of accessing a computer without authorization. Each count is punishable by up to one year in prison and a $100,000 fine./ppThe jurors could not reach a verdict on a conspiracy count, and U.S. District Court Judge George Wu declared a mistrial on the charge. It was not known if she would be retried./ppShe could have been sentenced to a total of 20 years in prison if convicted of the four original counts./ppProsecutors said Drew violated the MySpace terms of service by conspiring with her young daughter and a business assistant to create a fictitious profile of a teen boy on the MySpace social networking site to harass Megan./ppMegan, who had been treated for depression, hanged herself with a belt in her bedroom closet in 2006 after receiving a message saying the world would be better without her. /p |
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Singapore rules Journal in contempt of court
Topics in Legal News |
2008/11/23 18:48
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| Singapore's High Court ruled the Wall Street Journal Asia in contempt of court for publishing two editorials and a letter to the editor that the government says damaged the reputation of the country's judicial system.pThe court also fined the newspaper 25,000 Singapore dollars ($16,400)./ppJustice Tay Yong Kwang ruled Tuesday against the newspaper and two of its editors, three weeks after Attorney General Walter Woon argued the editorials published in June and July questioned the judiciary's independence from Prime Minister Lee Hsien Loong and the ruling People's Action Party. Not meting out punishment in this case would undermine the country's rule of law, the court said./ppThe letter to the editor was written by Chee Soon Juan, head of the opposition Singapore Democratic Party./ppThe editorials and the letter contained insinuations of bias, lack of impartiality and lack of independence and implied that the judiciary is subservient to Mr. Lee and/or the PAP and is a tool for silencing political dissent, Tay wrote in the ruling./ppThere can be no doubt that allegations of the nature mentioned above would immediately cast doubts on the judiciary in Singapore and undermine public confidence./ppThe newspaper's lawyer, Philip Jeyaretnam, was not immediately available for comment. The Wall Street Journal is published by Dow Jones amp; Co., a part of News Corp./ppSingapore's leaders have sued journalists and political opponents several times in past years for alleged defamation. They have won lawsuits and damages against Bloomberg, the Economist and the International Herald Tribune./ppHuman Rights Watch called on Singapore last month to stop using defamation lawsuits to stifle criticism and bankrupt opposition politicians, citing the High Court's decision in October to order Chee and his party to pay $416,000 to Lee and his father, Lee Kuan Yew, in damages stemming from a 2006 defamation case./ppGovernment leaders justify suing political opponents, saying it is necessary to defend their personal and professional reputations since it bears on their ability to govern properly and command respect from Singaporeans. /p |
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Paralyzed Calif. man loses high court appeal
Top Court Watch |
2008/11/17 18:50
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| A paralyzed man who has sued hundreds of businesses over accommodations for the disabled lost his Supreme Court appeal Monday to get out from under a court order requiring special permission to file new lawsuits.pJarek Molski has been labeled a vexatious litigant by federal courts in California because he has filed roughly 400 lawsuits alleging that restaurants and other businesses are in violation of the federal Americans with Disabilities Act. Molski is paralyzed from the chest down and uses a wheelchair./ppThe justices rejected his case without comment./ppMolski frequently complains about the lack of handicapped van parking, counters that are too high, narrow doorways and grab-bars installed too high or low in bathrooms. In addition, he often says he was injured in the course of his visit. Targeted business owners often have settled out of court rather than pay attorneys and take the time to fight the lawsuits./ppA federal judge in Los Angeles described the lawsuits as extortion. The San Francisco-based 9th U.S. Circuit Court of Appeals upheld the ruling that Molski was an abusive litigant, although it noted that many of the establishments he sued probably were violating federal law./ppOn the other hand, the district court had ample basis to conclude that Molski trumped up his claims of injury, the appeals court said./ppThe case is Molski v. Evergreen Dynasty Corp., 08-38. /p |
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High court to rule when judges must bow out
Topics in Legal News |
2008/11/13 18:51
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| The Supreme Court stepped into a sensitive dispute Friday over a state judge's decision to participate in a case that involved a key campaign supporter.pThe justices typically avoid cases about judicial ethics, but they agreed to review the actions of a West Virginia Supreme Court justice whose vote overturned a $50 million verdict against a company that is run by the most generous backer of his election./ppThe high court's decision comes amid growing concern over the role of money in electing state judges. Campaign spending on state supreme court elections rose by 25 percent to nearly $20 million from 2006 to 2008, a national justice reform group said./ppDon Blankenship, the chief executive of Massey Energy Co., spent more than $3 million to help elect Justice Brent Benjamin to the West Virginia high court. Benjamin twice was part of 3-2 majorities that threw out a verdict in favor of Harman Mining Co. in its coal contract dispute with Massey./ppHarman said Benjamin's participation in the case created an appearance of bias strong enough to violate its constitutional rights./ppThe American Bar Assocation and other legal ethics groups have taken Harman's side./ppIn earlier cases, the Supreme Court has said that judges must avoid even the appearance of bias./ppBenjamin repeatedly rejected calls to recuse himself from the case when it was before the state high court. He has since said that he fairly judged the dispute./ppBenjamin issued a lengthy defense of his actions, pointing out that he had no financial interest in the outcome of the case and the campaign money went to an independent group, not his campaign. He had no comment Friday after the court accepted the case for review./ppMassey vice president and general counsel Shane Harvey said, We are confident that the Harman case was properly decided by the West Virginia Supreme Court./ppDavid Fawcett, a Pittsburgh attorney who represents Harman and its founder, Hugh Caperton, said, The question at issue here is central to the future of our court system. Former Solicitor General Theodore Olson will argue the case for Caperton at the Supreme Court, probably in March or April./ppRetired Supreme Court Justice Sandra Day O'Connor has not commented on the West Virginia dispute, but she has bemoaned the role of money in state judicial elections./ppThere is too much special interest money and influence in state court elections, O'Connor said recently. It endangers the public's faith in the justice system. If courts are going to stay impartial, leaders in every state need to get moving on reforms./ppFormer Colorado Supreme Court Justice Rebecca Love Kourlis, an advocate for ending partisan election of judges, said the case may get people to pay attention to the problems partisan fundraising creates. Kourlis is executive director of the Institute for the Advancement of the American Legal System at the University of Denver, which provided the figures on spending in judicial elections./ppThe Supreme Court case stems from a jury verdict in 2002 that concluded Richmond, Va.-based Massey hijacked a coal supply contract from Harman, plunging both it and Caperton into bankruptcy./ppMassey contended Harman filed for bankruptcy because of mounting losses at a mining facility and other problems that had nothing to do with Massey./ppThe case is Caperton v. Massey, 08-22. /p |
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