Court refuses to reconsider Spector's appeal

Topics in Legal News 2011/05/27 13:39   Bookmark and Share
An appeals court on Friday refused to reconsider music producer Phil Spector's appeal of his murder conviction, saying there was overwhelming evidence of his guilt.

The California 2nd District Court of Appeal panel acknowledged it did not consider an issue that defense lawyers now say was critical to his conviction.

The panel blamed the lawyers for failing to sufficiently brief the point and said they had no obligation to consider it.

They quoted case law saying, "Issues do not have a life of their own: if they are not raised ... we consider the issues waived."

Spector, a legendary rock music producer, was convicted two years ago of fatally shooting actress Lana Clarkson at his Alhambra mansion in 2003. He is serving 19 years to life in prison on a second-degree murder conviction.

His first trial ended in a hung jury; the second ended in a conviction.

Defense lawyer Dennis Riordan said he will be filing an appeal with the California Supreme Court on June 13. Riordan said in an interview the court ignored a central issue of the case.

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Gov. Rick Perry signs tort reform bill into law

Topics in Legal News 2011/05/27 13:38   Bookmark and Share
Gov. Rick Perry signed into law Monday a measure that will limit frivolous lawsuits by levying some fees on plaintiffs and allowing meritless suits to be dismissed early in the process.

Perry designated the "loser pays" bill a top priority of the legislative session, saying Texas needs to crack down on junk lawsuits.

Some plaintiffs who sue and lose will be required to pay the court costs and attorney fees of those they are suing. The law also creates expedited civil actions for cases less than $100,000. It goes into effect Sept. 1.

Perry said the legislation "provides defendants and judges with a variety of tools to expedite justice for those deserving."

"Employers will spend less time in court and more time creating jobs," he said.

The law will encourage timely settlements by penalizing parties who turn down reasonable settlement offers to try to get more than they should.

Perry said the changes reduce the cost of litigation while still allowing legitimate cases to proceed. Supporters say the state's business climate will improve because the reforms will make Texas more attractive to employers looking to expand or relocate.

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Judge: Texas foster care lawsuit can proceed

Headline Legal News 2011/05/27 13:32   Bookmark and Share
A judge says she will allow a lawsuit challenging Texas' foster care system to proceed as a class action.

U.S. District Judge Janis Graham Jack said during a hearing Thursday that she will grant class certification for the suit initiated by the advocacy group Children's Rights.

The suit contends that the Texas system is unconstitutional and should be reformed. It was filed in March on behalf of nine children between the ages of nine and 16.

A spokesman for Texas Attorney General Greg Abbott says the state will determine its next course of action when the judge issues a written order.

The suit is the 12th of its kind initiated by the New York-based advocacy group seeking to reform child welfare systems administered by state or municipal governments.
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Mack Trucks, Volvo to pay $525M to settle suit

Legal Business 2011/05/19 09:13   Bookmark and Share
Mack Trucks Inc. and its parent, AB Volvo, will pay $525 million to settle a class-action lawsuit filed by more than 9,300 retirees of the North Carolina truck maker after they challenged potential reductions to their lifetime health benefits.

The Legal Intelligencer reported Tuesday that Senior U.S. District Judge R. Barclay Surrick gave preliminary approval of the settlement. A hearing is Sept. 7 to decide if the settlement is fair and reasonable.

The suit was filed in Michigan after Mack sought a ruling that lifetime benefits of its retirees were not vested and could be modified or eliminated. Both cases were consolidated in the Eastern District of Pennsylvania.

Mack reached an agreement with the UAW in May of 2009 on a voluntary employees beneficiary association, or VEBA, that would have the union oversee retirees' health benefits. Mack and Volvo agreed to fund it with $525 million, paid in five annual installments.

Mack said it expects the final approval of the VEBA in September.

The company also reported that deliveries nearly doubled in April from a year earlier with 1,608 trucks delivered from the 810 it recorded in April 2010, an increase of 99 percent.

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4 ex-Auburn players indicted on felony charges

Headline Legal News 2011/05/18 09:14   Bookmark and Share
Four former Auburn football players have been indicted on felony robbery and burglary charges by a Lee County grand jury.

Court documents posted online Wednesday show that Michael McNeil, Antonio Goodwin, Shaun Kitchens and Dakota Mosley were indicted on five counts of first-degree robbery, one count of first-degree burglary and one count of misdemeanor third-degree theft of property.

They are scheduled for arraignment on May 26 in Lee County Circuit Court.

Mosley also faces a misdemeanor charge of conspiracy to hinder business.

The players were pulled over and arrested shortly after five occupants of a mobile home reported being robbed at gunpoint on March 11.

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SD Supreme Court disciplines circuit judge

Legal Business 2011/05/18 09:13   Bookmark and Share
The South Dakota Supreme Court has ruled that Circuit Judge A.P. "Pete" Fuller of Rapid City must retire or undergo a six-month suspension followed by strict probation for misconduct that involved mistreating lawyers, court personnel and others.

The Judicial Qualifications Commission had recommended that Fuller be removed from office or forced to retire because he repeatedly displayed a lack of courtesy and respect for lawyers and court staff.

The case marked the first time in the 121-year history of the South Dakota judicial system that the Supreme Court had been asked to remove a judge from the bench.

In a hearing last month, Fuller told the high court he is ashamed of his behavior but believes he could return to the bench and be an effective judge.

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