Raided pot providers sue government

Legal Business 2011/05/12 08:49   Bookmark and Share

Two medical marijuana providers have accused the U.S. government of civil rights violations in what may be the first lawsuit of its kind in response to a federal crackdown on pot operations across the nation.

The owners of Montana Caregivers Association and MCM Caregivers claim federal raids on pot businesses across Montana in March were unconstitutional, exceeded the government's authority and pre-empted the state's medical marijuana law.

Since then, federal agents have raided two Washington state dispensaries, and federal prosecutors have sent letters of warning to leaders in most of the 15 states with medical marijuana laws.

The lawsuit was filed Tuesday in U.S. District Court in Missoula against the government, Department of Justice, Attorney General Eric Holder and U.S. Attorney for Montana Michael Cotter.

The plaintiffs claim the intent of the raids was to shut down the medical pot industry.

"The federal government has made clear its intent to threaten and eventually eliminate any business or enterprise related to the medical use of marijuana," Christopher Williams of the Montana Caregivers Association and Randy Leibenguth of MCM Caregivers claimed in the lawsuit.

The Department of Justice did not comment when contacted Wednesday. Cotter spokeswoman Jessica Fehr also declined comment, saying the U.S. attorney's office had not been served with the lawsuit.


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Top U.S. class-action lawyer coming to Canada

Legal Business 2011/05/10 08:50   Bookmark and Share
Ontario’s move to allow American-style shareholder class-action lawsuits has attracted a feared and revered Wall Street plaintiffs’ lawyer to the province just as the pendulum is swinging away from similar suits in the United States.

Michael Spencer, a senior partner who sits on the executive committee at Milberg LLP – one of the original class-action firms – is preparing to practise law in Canada.

He was most recently a lead counsel in the Vivendi SA shareholder lawsuit that left the French media company facing an eye-popping $9.3-billion (U.S.) damage award for misleading investors.

The size of that award was reduced by the courts. But Mr. Spencer, who recently led a U.S. class action against a French company on behalf of American, French, British and Dutch investors, is at the epicentre of the globalization of securities class actions.

That epicentre will soon be stationed part-time in the offices of Kim Orr Barristers PC, a Toronto class-action boutique, working on Canadian and cross-border cases.

Mr. Spencer makes no bones about why, at the pinnacle of his career, he is prepared to swap the perks of a privileged life in Manhattan for Toronto. It’s because of Ontario’s Bill 198, enacted in 2005, which allows shareholders who buy stock on the open market to sue if they feel a company misrepresents its financial situation.

Ordinarily, an amendment to provincial securities law would not attract the attention of someone in Mr. Spencer’s ambit, but these are not ordinary times for U.S. class-action lawyers.

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Courts nationwide hold hearings with video

Legal Business 2011/05/09 09:13   Bookmark and Share
George Villanueva, charged with first-degree murder in the death of an NYPD officer, will not leave jail for months of pretrial hearings.

Instead, he'll be beamed into the courtroom via video as lawyers discuss his case in front of the judge.

Villanueva's case is part of a surge in court appearances done by video in New York and around the country, as cash-strapped communities look for ways to boost efficiency and cut costs. The tools are used in courts large and small, and the savings for some are staggering: $30 million in Pennsylvania so far, $600,000 in Georgia, and $50,000 per year in transportation costs in Ohio.

"We've had to trim our spending wherever we can and still provide what we think is effective constitutional justice, and we're doing that with the help of modern technology," said Pennsylvania State Supreme Court Justice Ronald D. Castille.

Advocates say the virtual hearing is easier on defendants, who don't have to get up at 4 a.m. to be shuttled with other criminal suspects to court, only to wait hours standing and handcuffed for an appearance. Judges say their cases are moving faster. And civil liberties groups say the practice raises no red flags.
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Together, Phoebe and Tyler alerted us to a crisis

Legal Business 2011/05/09 02:12   Bookmark and Share
Phoebe Prince was a recently arrived Irish immigrant, 15 and emotionally fragile, when high school bullying over two boys she dated apparently drove her to hang herself with a scarf in her Massachusetts home.

Tyler Clementi was an 18-year-old violinist with a bright future. He jumped off the George Washington Bridge into the Hudson River after his roommate at Rutgers University allegedly used a webcam to spy on his same-sex liaison.

They never met each other, but together their ordeals put a spotlight on the harm caused by bullying and helped strengthen laws to crack down on what had until then been treated as a rite of adolescence.

"This prosecution has also shattered the myths that bullying is just part of growing up, that it affects only a small number of kids, and that kids can work it out themselves," said David Sullivan, a prosecutor in the Prince case. "The era of turning a blind eye to bullying and harassment is over."

Last week, five teenagers charged in the Prince case admitted in court that they participated in her bullying. In plea deals with prosecutors, they received probation and were ordered to perform community service. If they successfully complete their probation, the charges will be dropped. A statutory rape charge against a sixth teenager was dropped.
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Calif Supreme Court lifts tobacco suit deadlines

Legal Business 2011/05/06 08:38   Bookmark and Share
The California Supreme Court has lifted legal deadlines for smokers who later develop diseases like lung cancer.

Lawyers who filed the lawsuit say Thursday's unanimous ruling in San Francisco will likely allow new smoker suits to be filed against the tobacco industry and keep alive lawsuits that may have been thrown out because of expired legal deadlines.

The case before the court involved former smoker Nikki Pooshs, who was diagnosed in 1989 with smoking-related chronic obstructive pulmonary disease in 1989 and a couple of years later with periodontal disease.

But Pooshs didn't sue the tobacco industry until she was diagnosed with lung cancer in 2003.

Cigarette makers argued the suit should be dismissed because California law gives people two years to file suit after discovery of an injury.
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US Supreme Court imposes limits on class actions

Legal Business 2011/04/28 09:29   Bookmark and Share
The Supreme Court on Wednesday limited the ability of people to combine forces and fight corporations together when they want to dispute contracts for cell phones, cable television and other services, a move consumer advocates called a crushing blow.

In a 5-4 ideological split, the high court's conservatives said businesses can block their customers from using class actions. The court said the federal arbitration law trumps state laws that invalidate contracts banning class actions.

The decision came in a dispute between AT&T Mobility and a California couple who objected to being charged around $30 in sales tax for what they were told was a free cell phone.

Businesses commonly require arbitration clauses in consumer contracts to protect them from facing their customers in court. The Supreme Court's decision means that corporations now won't need to worry about consumers, shareholders or even employees banding together and fighting them using lawsuits or arbitration, consumer groups said.

"Now, whenever you sign a contract to get a cell phone, open a bank account or take a job, you may be giving up your right to hold companies accountable for fraud, discrimination or other illegal practices," said Deepak Gupta, a Public Citizen lawyer who argued the case.

Sen. Patrick Leahy, D-Vt., chairman of the Senate Judiciary Committee, said the decision would hamper the rights of consumers to be protected by state laws.

"Class actions are an effective way to ensure consumer protection, but today's opinion by the Roberts court continued to move in a direction that undermines this access to justice for hard-working Americans," Leahy said.
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