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Kan. court won't hear case involving casino site
Court Feed News | 2010/12/08 20:21

The Kansas Supreme Court has rejected a legal challenge involving a site for a proposed state-owned casino south of Wichita.

Iowa-based developer Peninsula Gaming said Wednesday the Kansas court's ruling resolves legal questions surrounding the company's proposed casino site in Mulvane.

The Supreme Court refused Tuesday to hear a lawsuit by the Sumner County Commission against the city of Mulvane over its annexation of the land. The decision leaves in place a Kansas Court of Appeals ruling upholding the annexation.

City officials in Mulvane have endorsed Peninsula's plan, and the annexation was necessary for the project to move forward. The county commission is backing a rival proposal from Ada, Okla.-based Global Gaming Solutions for a casino near Wellington.

The county commission said it still sees the Global site as superior.



Pa. Lawsuit: Firm Let Nonlawyers File Foreclosures
Lawyer Blog News | 2010/12/07 17:09

A Philadelphia law firm used nonlawyers to file untold numbers of mortgage foreclosures across the state and fraudulently collected attorney's fees that caused people to lose their homes in cases which should be legally nullified, a Pittsburgh lawyer claims in a lawsuit.

The lawsuit comes as a bankruptcy court judge, also in Pittsburgh, has given the same firm, Goldbeck, McCafferty & McKeever, until the end of business Friday to self-report to the Disciplinary Board of the Supreme Court of Pennsylvania.

U.S. Bankruptcy Judge Thomas Agresti filed two opinions castigating the firm and the lender it represented, Countrywide Home Loans, in a foreclosure that led a Pittsburgh-area woman to file for bankruptcy in 2001.

The judge determined a Goldbeck attorney knowingly gave the court phony lender documents to bolster its foreclosure claim saying "the evidence that (the attorney) lied was considerable."

Attorneys at the Goldbeck firm have not returned calls for comment from The Associated Press on Judge Agresti's findings or the 78-page lawsuit filed last month by Patrick Loughren.

Loughren told The Associated Press he could not comment on his lawsuit, but said the document made clear his reason for filing it.

The lawsuit spells out two broad goals: defending the legal profession, and pursuing a remedy for those facing foreclosure and those who have already paid attorneys fees or lost their homes in actions filed by the Philadelphia firm.

"As one court has stated, 'It must be borne in mind that it has always been held that a professional man has standing to prevent the improper invasion of his profession,'" Loughren's lawsuit said.



NH man admits hacking woman, girl, claims insanity
Criminal Law Updates | 2010/12/07 17:08

A 21-year-old man admitted in court Monday that he hacked a mother to death and seriously wounded her young daughter during a 2009 home invasion but said he was insane when he did it.

Christopher Gribble of Brookline waived his right to a jury trial on whether he killed 42-year-old Kimberly Cates and seriously wounded her 11-year-old daughter, Jaimie.

The burden now shifts to Gribble's lawyers to prove he was insane during the Mont Vernon home invasion.

If the jury finds he was sane at the time, Gribble will be sentenced to life in prison without the possibility of parole.

If jurors find him not guilty by reason of insanity, Superior Court Judge Gillian Abramson would hold a hearing on whether he is a danger to society. If she finds that he is a danger, she will commit him to the secure psychiatric unit of the New Hampshire State Prison. He would then be entitled to have a review of his threat to society every five years.

Gribble answered, "Yes, your honor" when asked if he committed murder, attempted murder, conspiracy to commit murder and burglary, and tampered with a witness. He then pleaded not guilty by reason of insanity to each charge.

Gribble listened intently as Senior Assistant Attorney General Jeffery Strelzin detailed the evidence the state was prepared to present. It mirrored the evidence that was presented to the jury that convicted 19-year-old Steven Spader of first-degree murder last month.



Producer charged in wife's death due back in court
Legal Career News | 2010/12/07 17:07

A reality TV producer charged with killing his wife in Mexico is due back in Los Angeles court Tuesday afternoon to argue that his detention is unconstitutional.

Attorneys for Bruce Beresford-Redman claim the federal prosecutors haven't properly demonstrated there is enough evidence to hold the former "Survivor" producer while he fights extradition.

Prosecutors say it is premature for them to present evidence obtained from Mexican authorities connecting Beresford-Redman to the April killing of his wife in Cancun.

A magistrate judge refused last week to set bail for Beresford-Redman. He has been jailed since Nov. 16, when he was arrested on a fugitive warrant on an aggravated homicide charge.



High court turns down federal death row inmate
Court Feed News | 2010/12/06 18:10

The Supreme Court has turned away an appeal from a federal death row prisoner who wants the courts to consider evidence that one federal judge said "is virtually guaranteed" to show the inmate is mentally retarded and thus barred from being executed.

The court did not comment Monday in rejecting an appeal from Bruce Carneil Webster. He was sentenced to death more than 14 years ago and has since tried in vain to persuade federal judges that he is mentally retarded.

Evidence recently provided by the Social Security Administration shows three federal doctors determined Webster was mentally retarded when he applied for disability benefits in 1993, a year before 16-year-old Lisa Rene was kidnapped and killed.

Rene was raped, beaten and buried alive after her abduction was recorded in a desperate 911 call.




Supreme Court to hear Wal-Mart appeal in sex-bias suit
Lawyer Blog News | 2010/12/06 18:08

The Supreme Court on Monday agreed to hear an appeal in the biggest employment discrimination case in the nation’s history, one claiming that Wal-Mart discriminated against hundreds of thousands of women in pay and promotion. The lawsuit seeks back pay that could amount to billions of dollars.

The question before the court is not whether there was discrimination but rather whether the claims by the individual employees may be combined as a class action. The court’s decision on that issue will almost certainly affect all sorts of class- action suits, including ones asserting antitrust, securities and, products liability and other claims.

If nothing else, many pending class actions will slow or stop while litigants and courts await the decision in the case.

“We are pleased that the Supreme Court has granted review in this important case,” Wal-Mart said in a statement. “The current confusion in class-action law is harmful for everyone — employers, employees, businesses of all types and sizes and the civil justice system. These are exceedingly important issues that reach far beyond this particular case.”

Brad Seligman, the main lawyer for the plaintiffs, said in a telephone interview after the court decision: “Wal-Mart has thrown up an extraordinarily broad number of issues, many of which, if the court seriously entertained, could very severely undermine many civil rights class actions. We welcome the court’s review of this limited issue, and we’re confident that the core of our action will go forward.”



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