Defamation suit filed against pen-named Utah mayor

Headline Legal News 2012/01/26 12:41   Bookmark and Share
A Utah mayor who wrote news stories under a false identify is being sued for defamation.

In court papers, Chris Hogan alleges an article by West Valley City Mayor Mike Winder falsely claimed he was accused of extortion and fired from UTOPIA, a fiber-optic network formed by 16 Utah cities.

The lawsuit filed Wednesday in U.S. District Court in Salt Lake City seeks a trial, compensation for lost wages and punitive damages.

Among the lawsuit's 14 defendants is Deseret Digital Media, which published Winder's stories under the alias Richard Burwash.

The company's CEO Clark Gilbert has said company officials "deeply regret" the mayor misrepresented himself.

Winder promoted his city and even quoted himself in stories he wrote.

Winder said on Thursday he disputes Hogan's claims and will defend the lawsuit.
top

More charges filed in Los Angeles arsons case

Court Watch 2012/01/25 09:46   Bookmark and Share
A German man pleaded not guilty Tuesday to additional charges accusing him of setting nearly 50 fires, mostly to parked cars, which terrorized parts of Los Angeles over the New Year's weekend.

Deputy Public Defender Gustavo Sztraicher entered the plea in Superior Court on behalf of Harry Burkhart, who spoke only to identify himself and acknowledge that he understood the legal process.

Bail was set at $7.5 million, and Burkhart was scheduled to return to court March 1.

Outside court, Sztraicher had no comment.

Earlier in the day, the criminal complaint against Burkhart was amended to include a total of 100 arson-related counts involving 49 fires in Hollywood, West Hollywood and the San Fernando Valley. If convicted, the 24-year-old faces more than 80 years in state prison.

The rash of fires left residents on edge between Dec. 30 and Jan. 2 as parked cars were torched during the night. Some of the fires spread to carports and nearby buildings, including a former home of Doors singer Jim Morrison, and rousted people from their beds. Another one of the blazes was at the Hollywood and Highland entertainment complex, a popular tourist destination bordered by the Walk of Fame.
top

NJ gov picks gay black man, Asian for top court

Court News 2012/01/24 09:19   Bookmark and Share
Gov. Chris Christie moved to diversify the state's all-white Supreme Court on Monday with two firsts: the nominations of an openly gay black man and a Korean-born prosecutor to fill two vacancies.

If confirmed, Bruce A. Harris would become New Jersey's first openly gay justice, and Phillip H. Kwon would become its first Asian representative and the first justice born outside the United States.

Christie, a Republican, said he had "extreme confidence" in the records and intellects of his nominees, neither of whom has been a judge.

"I felt strongly about making sure the court have diversity but first and foremost that the court have quality justices who make sure they take the court in a direction that is a responsible one for the future of our state and its people," Christie said at a news conference attended by the nominees and their families.

Harris, 61, is the Republican mayor of Chatham Borough in Morris County, a post Christie said he would give up if confirmed. He would be the third African-American to be seated on the court.
top

US high court: warrant needed for GPS tracking

Topics in Legal News 2012/01/23 10:42   Bookmark and Share
The U.S. Supreme Court ruled unanimously Monday that police must get a search warrant before using GPS technology to track criminal suspects.

The ruling represents a serious complication for law enforcement nationwide, which increasingly relies on high tech surveillance of suspects, including the use of various types of satellite technology.

A GPS device installed by police on Washington nightclub owner Antoine Jones' Jeep helped them link him to a suburban house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction.

Associate Justice Antonin Scalia said that the government's installation of a GPS device, and its use to monitor the vehicle's movements, constitutes a search, meaning that a warrant is required.
top

Herskovits PLLC - New York Securities Litigation Law Firm

Legal Business 2012/01/23 10:41   Bookmark and Share

New York Securities Litigation Law Firm

New York Securities Litigation Attorneys

We are trusted advisors for litigation and regulatory enforcement matters. When disputes arise – in the enforcement, customer and employment context – we are skilled negotiators, using every available resource to protect our clients and minimize disruption to their business. When litigation is unavoidable, however, we are tenacious advocates with time-tested experience before state and federal courts and regulatory bodies, and in a broad range of arbitration and mediation settings.

Leveraging decades of collective experience in the financial services sector, our firm was established to help clients respond to this rapidly changing environment and highly complex marketplace.

Please click the links below to learn more about our law firm's practice areas:

Securities Litigation and Arbitration

Securities Industry Regulatory Defense

Broker-Dealer Advisory Services

Securities Industry Employment Litigation

Commercial Litigation

Herskovits PLLC
065 Avenue of the Americas
27th Floor
New York, New York 10018    

Contact:
Tel: (212) 897-5410
Fax: (646) 558-0239

top

Court overturns Calif. slaughterhouse law

Headline Legal News 2012/01/23 10:33   Bookmark and Share
The Supreme Court on Monday blocked a California law that would require euthanizing downed livestock at federally inspected slaughterhouses to keep the meat out of the nation's food system.

The high court ruled that the state's 2009 state law was blocked from going into effect by federal law administered by the Agriculture Department's Food Safety and Inspection Service. .

Federal law "precludes California's effort ... to impose new rules, beyond any the FSIS has chosen to adopt, on what a slaughterhouse must do with a pig that becomes non-ambulatory during the production process," said Justice Elena Kagan, who wrote the court's unanimous opinion.

California strengthened regulations against slaughtering so-called "downer" animals after the 2008 release of an undercover Humane Society video showing workers abusing cows at a Southern California slaughterhouse. Under California law, the ban on buying, selling and slaughter of "downer" cattle also extends to pigs, sheep and goats.

But pork producers sued to stop the law, saying the new law interfered with federal laws that require inspections of downed livestock before determining whether they can be used for meat.

top









Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design