Court to hear appeal over medicating Loughner

Court News 2011/08/30 09:29   Bookmark and Share
A federal appeals court will hear arguments Tuesday over a request to permanently ban prison officials from forcibly medicating the Tucson shooting rampage suspect with psychotropic drugs.

At issue in Jared Lee Loughner's appeal before the 9th Circuit Court of Appeal is whether prison officials or a judge should decide whether a mentally ill person who poses a danger in prison should be forcibly medicated.

Prosecutors say the decision is for prison officials to make, while Loughner's lawyers say it's up to a judge.

Loughner has pleaded not guilty to 49 charges in the Jan. 8 shooting that killed six people and wounded 13 others, including Rep. Gabrielle Giffords.

He has been at a federal prison facility in Springfield, Mo., since late May after mental health experts determined he suffers from schizophrenia and a judge ruled him mentally unfit to stand trial. He was sent to the facility in a bid to restore his mental competency so he can assist in his legal defense.

Loughner was forcibly medicated from June 21 to July 1 after prison doctors concluded that he was a danger. His attorneys appealed U.S. District Judge Larry Burns' ruling that said Loughner could be forcibly medicated in prison.





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BofA sued over $1.75 billion mortgage trust

Court Watch 2011/08/30 09:29   Bookmark and Share
Bank of America Corp was sued by the trustee of a $1.75 billion mortgage pool, which seeks to force the largest bank to buy back all of the loans in the trust because of alleged misrepresentations.

The banking unit of US Bancorp said Countrywide Financial Corp, which issued the loans in the HarborView Mortgage Loan Trust 2005-10, breached its obligations by misrepresenting the quality of its underwriting and loan documentation.

It said that because of this material breach, Bank of America, which bought Countrywide in 2008, was obligated to buy back all the loans in the mortgage pool.

The lawsuit was filed in the New York State Supreme Court in Manhattan.





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Shareholder Class Action Filed Against WebMD Health Corp.

Press Release 2011/08/30 09:28   Bookmark and Share
The following statement was issued today by the law firm of Kessler Topaz Meltzer & Check, LLP:

Notice is hereby given that a class action lawsuit was filed in the United States District Court for the Southern District of New York on behalf of purchasers of the securities of WebMD Health Corp., who purchased or otherwise acquired WebMD securities between February 23, 2011 and July 15, 2011, inclusive (the "Class Period").  If you are a member of this class, you can view a copy of the Complaint or join this class action online at http://www.ktmc.com/cases/webmd/.

Members of the class may, not later than October 3, 2011, move the Court to serve as lead plaintiff of the class.  A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation.  In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class.  Your ability to share in any recovery is not, however, affected by the decision of whether or not to serve as a lead plaintiff.  Any member of the purported class may move the court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.  

If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Kessler Topaz Meltzer & Check, LLP (Darren J. Check, Esq. or David M. Promisloff, Esq.) toll free at 1-888-299-7706 or 1-610-667-7706, or via e-mail at info@ktmc.com.  For additional information about this lawsuit, or to join the class action online, please visit http://www.ktmc.com/cases/webmd/.






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Court to hear appeal over medicating Loughner

Headline Legal News 2011/08/30 09:27   Bookmark and Share
An appeals court will hear arguments Tuesday over a request to permanently ban prison officials from forcibly medicating the Tucson shooting rampage suspect with psychotropic drugs.

At issue in Jared Loughner's appeal before the 9th Circuit Court of Appeal is whether prison officials or a judge should decide whether a mentally ill person who poses a danger in prison should be forcibly medicated.

Prosecutors say the decision is for prison officials to make, while Loughner's lawyers say it's up to a judge.

Loughner pleaded not guilty to 49 charges in the Jan. 8 shooting that killed six people and wounded 13 others, including Rep. Gabrielle Giffords.

He has been at a Missouri prison facility since late May in a bid to make him mentally fit to stand trial.



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Wyoming Supreme Court rules for bar owners

Legal Insight 2011/08/30 02:27   Bookmark and Share
The Wyoming Supreme Court has ruled that state law protects bar owners from lawsuits arising from the actions of their intoxicated patrons.

In a split decision Friday, the court upheld a lower court ruling against relatives of a Ten Sleep couple who died in a head-on crash in 2008. The couple's relatives had sued the owners of two Big Horn County saloons claiming they continued to serve the driver who plowed into the couple after he was drunk.

The court majority ruled state law from the 1980s holds bar owners can't be held liable for their patrons' actions.

Chief Justice Marilyn S. Kite and Justice William Hill filed a dissenting opinion saying they would allow lawsuits against bar owners if they violated local ordinances against serving alcohol to intoxicated persons.

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