Utah high court to hear posthumous benefits case

Headline Legal News 2012/02/07 10:07   Bookmark and Share
Utah's Supreme Court is deciding whether a sperm donor contract is proof that a man wanted to be a father, even after his death.

The question stems from a dispute between Gayle Burns and the Social Security Administration, which denied survivor benefits to the son Burns conceived after her husband died from cancer.

Oral arguments are set Tuesday in Salt Lake City.

Michael Burns had contracted with medical providers to preserve his sperm before he died of cancer in 2001. Gayle Burns became pregnant in 2003.

Social Security denied a 2005 benefits petition, saying federal law doesn't allow for payments to posthumously-conceived children.

Gayle Burns challenged the ruling in Utah's federal court.

A federal judge asked Utah's Supreme Court to address the issue first.
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Ga. court overturns assisted suicide restrictions

Headline Legal News 2012/02/06 09:56   Bookmark and Share
Georgia's top court struck down a state law that restricted assisted suicides, siding on Monday with four members of a suicide group who said the law violated their free speech rights.

The Georgia Supreme Court's unanimous ruling found that the law violates the free speech clauses of the U.S. and Georgia constitution. It means that four members of the Final Exit Network who were charged in February 2009 with helping a 58-year-old cancer-stricken man die won't have to stand trial, defense attorneys said.

Georgia law doesn't expressly forbid assisted suicide. But lawmakers in 1994 adopted a law that bans people from publicly advertising suicide, hoping to prevent assisted suicide from the likes of Dr. Jack Kevorkian, the late physician who sparked the national right-to-die debate.

The law makes it a felony for anyone who "publicly advertises, offers or holds himself out as offering that he or she will intentionally and actively assist another person in the commission of suicide and commits any overt act to further that purpose."

The court's opinion, written by Justice Hugh Thompson, found that lawmakers could have imposed a ban on all assisted suicides with no restriction of free speech, or sought to prohibit all offers to assist in suicide that were followed by the act. But lawmakers decided to do neither, he said.

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Army orders court-martial in WikiLeaks case

Headline Legal News 2012/02/06 09:56   Bookmark and Share
An Army officer ordered a court-martial for a low-ranking intelligence analyst charged in the biggest leak of classified information in U.S. history.

Military District of Washington commander Maj. Gen. Michael Linnington on Friday referred all charges against Pfc. Bradley Manning to a general court-martial, the Army said in a statement.

The referral means Manning will stand trial for allegedly giving more than 700,000 secret U.S. documents and classified combat video to the anti-secrecy website WikiLeaks for publication.

The 24-year-old Crescent, Oklahoma, native faces 22 counts, including aiding the enemy. He could be imprisoned for life if convicted of that charge.

A judge who is yet to be appointed will set the trial date.

Manning's lead defense counsel, civilian attorney David Coombs, didn't immediately return a call Friday evening seeking comment on the decision.

Defense lawyers say Manning was clearly a troubled young soldier whom the Army should never have deployed to Iraq or given access to classified material while he was stationed there from late 2009 to mid-2010.

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Class Action Lawsuits Now Target Law Schools

Topics in Legal News 2012/02/06 09:55   Bookmark and Share
A threatened wave of class actions against American law schools became a reality last week after plaintiffs' lawyers sued a dozen more schools over their allegedly misleading use of salary and employment data. But this trend in "consumer protection" is potentially damaging, not only to U.S. law schools, but to higher education in general, said two attorneys for the national law firm LeClairRyan.

"If the goal of these suits is securing transparency on jobs data, then the plaintiffs and their counsel are going about this in entirely the wrong way," said veteran class action defense attorney  Michael Haratz, a Newark-based partner in LeClairRyan's Business Litigation team.  "While there is nothing wrong with working toward clear, consistent and coherent reporting standards, such matters are best addressed via the regulatory process—not by bending higher education to fit a consumerist paradigm more appropriate to a purchaser of traditional consumer goods."

The trend shows every sign of expanding to other institutions across the country, added Haratz. "According to a prominent legal journalist, for example, one of the plaintiffs' lawyers—someone who previously declared 2012 'the year of law school litigation'—hopes to sue up to 25 new schools every few months," he said.

The new complaints come in the wake of highly publicized class actions filed last year against Thomas M. Cooley Law School, New York Law School and Thomas Jefferson School of Law. The latest schools to be targeted reportedly are: Albany Law School, Brooklyn Law School, Hofstra Law School, Widener Law, Florida Coastal School of Law, Chicago-Kent College of Law, DePaul University College of Law, John Marshall Law School, California Western School of Law, Southwestern Law School, University of San Francisco School of Law, and Golden Gate University School of Law.

The complaints allege that U.S. law schools artificially boost enrollments by exaggerating or misrepresenting graduates' employment and salary statistics. "The problem with such litigation is that it runs contrary to the purpose and spirit underlying the class-action lawsuit as a vehicle for consumer redress," said Robert B. Smith a Boston-based LeClair Ryan partner and leader of the firm's Education Industry team. "Why? Because the consumerist paradigm does not fit higher education. Just as law degrees should not come with guarantees of 'gainful employment or your money back,' law students should not regard themselves as consumers entitled to same. After all, they are individuals with varying degrees of talent, motivation, discipline and intelligence. Their futures are their own responsibilities."  

About LeClairRyan

As a trusted advisor, LeClairRyan provides business counsel and client representation in corporate law and litigation. In this role, the firm applies its knowledge, insight and skill to help clients achieve their business objectives while managing and minimizing their legal risks, difficulties and expenses.  With offices in California, Connecticut, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, Virginia and Washington, D.C., the firm has approximately 350 attorneys representing a wide variety of clients throughout the nation.  For more information about LeClairRyan, visit www.leclairryan.com.

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Magnet Toy Class Action Settlement

Court News 2012/02/05 09:56   Bookmark and Share
On December 15, 2011, the Honorable Susan D. Wigenton, U.S.D.J., granted final approval of a class action settlement in the lawsuit Chris Doering, et al. v. MEGA Brands, Inc., et al., Civil Action No. 2:08-CV-1750 (SDW) (MCA).  Defendants MEGA Brands, Inc., et al. agreed to settle legal claims surrounding certain Magnet Toy products, many of which were subject to recalls instituted by MEGA Brands in cooperation with the Consumer Products Safety Commission ("C.P.S.C.").  Plaintiffs in the lawsuit alleged that certain "Magnet Toys" (as defined in the parties' agreement to settle the action) contained defective magnets, and sought a refund of all monies paid.  This lawsuit did not allege any personal injury claims.  Defendants have denied any and all liability.  However, the parties have agreed to settle the matter to avoid the expense and resources that would be needed for further litigation.

The Settlement covers over 10 million MEGA Brands Magnet Toys, including the Magnetix family of toys, as well as Mag-Warriors, Magnaworld, Magna-Bugs, Magna-Wheels, Magna-Saurs, and Magna-Bones, among others.  A complete list of the "Magnet Toys" covered by the proposed Settlement as well as pictures of those toys is available for consumers to at www.megabrandssettlement.com.

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Miss. high court takes ex-gov pardons case

Legal Business 2012/02/04 10:02   Bookmark and Share
The Mississippi Supreme Court said Wednesday it will take up the legal challenge to the pardons ex-Gov. Haley Barbour gave out in his last days in office.

State Attorney General Jim Hood, a Democrat, wants to invalidate dozens of the 198 pardons that Barbour, a Republican, handed out before his second four-year term ended Jan. 10. Ten of the people were still incarcerated when they received reprieves.

Only about two dozen of the people pardoned followed the Mississippi Constitution's requirement to publish a notice about their reprieves in their local newspapers for 30 days, said Hood, who wants the others invalidated. Barbour has said the pardons are valid and that he gave them because he's a Christian and believes in second chances.

Most of the people who could lose their pardons already served their sentences and have been out of prison for years. Some of them were convicted of comparatively minor crimes as far back as the 1960s and 1970s and have never been in trouble again.

Five of the pardoned are being held on a temporary restraining order issued by Hinds County Circuit Judge Tomie Green. The Supreme Court extended that order until it can rule on the matter. It set a hearing for Feb. 9 and said it would try to rule quickly.
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