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Gov. Rick Perry signs tort reform bill into law
Legal Career News |
2011/05/30 18:06
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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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Court refuses to reconsider Spector's appeal
Court Feed News |
2011/05/30 18:05
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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. |
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Court: Sex-offender list is not cruel punishment
Criminal Law Updates |
2011/05/30 16:05
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The Michigan appeals court has overturned a Washtenaw County judge and said a young man who committed sexual misconduct at school must be on the state's sex-offender list.
Judge Darlene O'Brien said registration in the case was cruel punishment that violated the Michigan Constitution, but the appeals court disagreed.
A man identified in court papers as T.D. was 15 in 2006 when he was accused of putting a chokehold on a girl and exposing her breast while another boy tugged on her belt. T.D. was placed in a youth home and completed therapy.
AdvertisementHe was required to register when he turned 18. The appeals court says it's not punishment but a way to inform the public even if the risk of another offense is low. |
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Fugitive Russian lawmaker living in Beverly Hills
Legal Career News |
2011/05/29 18:06
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A sensational dispute between Moscow billionaires with a storyline that rivals Hollywood has spilled across international borders: Surveillance photographs showed a fugitive Russian lawmaker living in Beverly Hills, California. Someone tried to hack into computers at his London law firm. And he filed a federal lawsuit in New York accusing his business rivals of trying to force him to return home.
Ashot Egiazaryan, who said he could be killed if he is forced to return to Russia, is fighting to remain in the United States despite a request by Interpol to have him arrested and deported. He came to the U.S. in early September and quickly filed a lawsuit in Cyprus and another in an arbitration court of appeal in London claiming that a politically connected group of Russian tycoons extorted him into surrendering his major stake in the historic Moskva Hotel. The multibillion dollar property sits a few steps from Red Square.
Since then, and after a published interview with The Associated Press in February, Egiazaryan said in court papers he has been subjected to continuing surveillance and a public relations smear campaign. Scotland Yard is currently investigating a report that someone tried to plant sophisticated spyware on a computer that belongs to one of his lawyers, according to a person briefed on the investigation.
Egiazaryan said the lucrative Moskva project was wrested from him in 2009 by prominent Russians including mining magnate Suleiman Kerimov, a billionaire and a member of the Russian senate, and Arkady Rotenberg, a wealthy businessman and the longtime judo partner of Prime Minister Vladimir Putin. At Egiazaryan's urging, the Cyprus court temporarily froze about $8 billion in stock owned by two of Kerimov's Cyprus-based companies, OAO Polyus Gold and fertilizer maker OAO Uralkali, one of the world's leading producers of potash. The freeze came at an awkward time for Kerimov, who was in the midst of efforts to build one of the world's largest mining empires. |
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Court refuses to reconsider Spector's appeal
Lawyer Blog News |
2011/05/28 18:07
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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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Wis. DOJ asks court to lift ban on union law
Lawyer Blog News |
2011/05/28 18:07
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State attorneys asked the Wisconsin Supreme Court on Friday to immediately vacate a Madison judge's decision striking down Republican Gov. Scott Walker's contentious collective bargaining law.
Judge Maryann Sumi invalidated the law on Thursday after finding Republican legislators violated Wisconsin's open records law during the run-up to passage in March. The decision came in a lawsuit Democratic Dane County District Attorney Ismael Ozanne filed challenging the law.
The state Justice Department is representing the Republicans. The agency's attorneys asked the state Supreme Court to take the case and the court set oral arguments on whether it should make a move for June 6. Deputy Attorney General Kevin St. John said in a letter to the justices late Friday they need to act now.
St. John said the issues have been fully briefed so the court can immediately vacate Sumi's decision without hearing any further argument.
He argued Sumi issued the decision on her own, even though no one involved in the case had asked for such a ruling. She didn't give any of the parties a chance to be heard on the final disposition.
He also reiterated the Justice Department's argument that the Republicans can't be sued because they enjoy legislative immunity and Sumi can't invalidate the law due to an open meetings violation. |
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