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Ga. court upholds Open Meetings fines
Legal Career News | 2011/09/12 12:47
Georgia's top court is requiring the city of Statesboro to pay the legal costs of residents who sued it for violating the state's Open Meetings Act.

The unanimous opinion released Monday upholds a Bulloch County judge's ruling that requires the city pay $4,250 in legal fees after it found the Statesboro mayor and city council met outside the Statesboro City Hall chambers to discuss the city's 2011 budget.

A group of residents sued the city, mayor and five council members and sought an injunction barring any more "secret" meetings, and the city appealed after a judge ruled against it in September 2010.

The opinion written by Justice Harold Melton says "the Open Records Act explicitly authorizes the assessment of attorney fees."


Va. high court considers ex-King confidant's case
Lawyer Blog News | 2011/09/12 11:46
A lawyer has asked the Virginia Supreme Court to throw out the incest conviction of a former top adviser to Martin Luther King Jr.

The Rev. James Bevel, the architect of the 1963 Children's Crusade in Birmingham, Ala., died in 2008 at age 72 while his appeal was pending. His attorney, Bonnie Hoffman, is seeking what's known as an abatement. The idea is that a conviction is not final until the appeals process is complete.

However, Senior Assistant Attorney General Virginia Theisen (THIGH'-sun) said that under the law, convictions are presumed to be valid.

A Loudoun County judge refused to abate the conviction after hearing emotional testimony from Bevel's victim. The Virginia Court of Appeals upheld the decision.

A ruling by the Supreme Court is likely in early November.


Court to look at Mich. affirmative action ban
Court Feed News | 2011/09/11 15:46
A federal appeals court says it will take a fresh look at a decision that overturned Michigan's ban on affirmative action in college admissions and government hiring.

The 6th U.S. Circuit Court of Appeals said Friday that a majority of judges agreed to take the case. That means a July 1 decision by a three-judge panel has been erased.

The panel had thrown out a law that bans the consideration of race in college admissions. Michigan voters had approved the ban in 2006.


W.Va. lawyer nominated to federal appeals court
Legal Career News | 2011/09/09 15:36
President Barack Obama has nominated Hamlin native Stephanie Dawn Thacker as a judge on the 4th U.S. Circuit Court of Appeals.

Thacker has been a partner in the Charleston law firm of Guthrie & Thomas since 2006.

Before that she spent seven years with the U.S. Department of Justice. Her work as a trial attorney there focused on prosecution and training in connection with child pornography and sexual exploitation, sex trafficking, obscenity and other offenses.

She also served as an assistant federal prosecutor and worked for the state attorney general's office.

The U.S. Senate must now consider Thacker's nomination to the Richmond, Va.-based court. The seat became vacant after the March death of Judge Blane Michael.

The 15-member court covers North Carolina, South Carolina, Maryland, Virginia and West Virginia.


US says 11 currency traders operating illegally
Lawyer Blog News | 2011/09/09 15:31

Federal regulators are suing 11 firms they say broke the law by selling foreign-currency contracts to the public without being registered with a government agency.

The lawsuits announced Thursday were the second "sweep" by the Commodity Futures Trading Commission under regulations that took effect last October as mandated by the financial overhaul law. The commission is seeking to stop the firms from operating unless they register with it, and it wants civil fines and restitution.

Seven of the 11 firms are incorporated outside the U.S. The CFTC's first such action targeted 14 firms in January.

The agency urged all investors to check whether any firm they invest with is registered. If not, members of the public should be wary, the CFTC said.

The rules requiring foreign-currency trading firms to register are intended to protect investors from potentially fraudulent operations, the agency said.

When an investor buys a foreign-currency contract, he or she buys the right to purchase an amount of foreign currency at a fixed price in dollars. Investors hope to profit from ups and downs in currency markets, but they also can suffer losses from sharp price swings.

The CFTC and state regulators have previously warned the public to be cautious before trading foreign currencies in general — especially outside of major exchanges such as the Chicago Mercantile Exchange — saying it can be very risky.



Court: Samsung can't sell tablet in Germany
Business Law Info | 2011/09/09 15:28
A German court rules that Samsung Electronics's Galaxy Tab cannot be sold in Germany because it violated patents of rival Apple's iPad2.

A Duesseldorf state court said Friday it would not allow Samsung, based in Seoul, South Korea, to market its Galaxy Tab 10.1 in Germany because it too closely resembles the iPad2.

Already in August, the court had ruled in favor of Apple, based in Cupertino, California, forcing Samsung to withdraw its tablet from the market.

Samsung challenged the ban. The companies are involved in a series of legal disputes in countries around the world over allegations that each copies the other's technology.


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