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New wine case possible for US Supreme Court
Legal Career News | 2010/12/03 15:22

The US Supreme Court, which five years ago struck down laws preventing wine makers in one state from selling directly to customers living in another, could be poised to dip its collective toe into the wine vat again.

The top US court will soon decide whether to hear a challenge to a Texas law which says that wine retailers are not allowed to engage in cross-border commerce with individual consumers -- even if wine producers are.

The issue is being brought to the high court by those who argue that consumers have the right to buy the wine of their choosing even if it comes from an out-of-state merchant.

Tom Wark, executive director of the Specialty Wine Retailers Association (SWRA), said there are 37 states with such laws on the books similar to the one his group is fighting in Texas.

"If I can't find the wine that I want in my local store, I can go online and probably find that wine being sold from somewhere in another state, but I can't have it shipped to me," Wark told AFP.

He said his group -- founded under the banner "wine without borders" -- is hoping that the Supreme Court will make a similar finding to one it reached in a celebrated 2005 case that overturned state liquor laws which gave preferential treatment to in-state wineries.



Man who targeted Iran critics skips LA court date
Court Feed News | 2010/12/03 11:20

Mohammad Reza Sadeghnia, a purported Iranian government agent who pleaded guilty to trying to hire a hitman to kill a broadcaster critical of the Iranian regime, is a fugitive from justice after missing a Los Angeles court date.

Sadeghnia, 43, was granted permission to travel to his native Iran earlier this fall to visit his ailing father and apparently never returned. A bench warrant was issued for his arrest after he failed to appear at Tuesday's hearing in Los Angeles Superior Court, deputy district attorney Ron Goudy said.

Sadeghnia's name appears among the trove of U.S. government documents recently posted by the WikiLeaks website. A confidential Jan. 21 diplomatic cable from the U.S. Embassy in London says Sadeghnia admitted being an Iranian agent and conducting surveillance on two anti-Iranian government broadcasters — London-based Voice of America commentator Reza Nourizadeh and Jamshid Sharmahd, who runs Los Angeles-based radio programming for opposition group Tondar.

Sadeghnia, who lived for years in Ann Arbor, Mich., was arrested in July 2009 by police at a hotel near the Los Angeles airport. Prosecutors say he tried to hire a hitman to kill Sharmahd for $32,000. The man rejected the offer, police said, and agreed to testify against Sadeghnia, who pleaded guilty.



WikiLeaks fights to stay online amid attacks
Legal World News | 2010/12/03 11:19

Wikileaks struggled to stay online Friday as corporations and governments moved to cut its access to the Internet, a potentially crippling blow for an organization dedicated to releasing secret information via the web.

The American company that hosted the website wikileaks.org stopped late Thursday after cyber attacks threatened the rest of its network. WikiLeaks responded by moving to a Swiss domain name, wikileaks.ch -- and calling on activists for support. Two companies host the Swiss domain name, one of which is in France. The other is in Sweden.

On Friday, the French government moved to ban WikiLeaks from French servers.

Industry Minister Eric Besson says it's "unacceptable" for French servers to host the site, which "violates the secret of diplomatic relations and puts people protected by diplomatic secret in danger."

In Friday's letter to the CGIET -- a government body that is part of the Finance Ministry involved in information technology among other industries -- Besson asked what legal steps could be taken to ban WikiLeaks from French servers.

He added that French servers who have hosted the site must first be made to understand the "consequences of their acts and secondly be made to take responsibility for them," suggesting possible legal fallout.



Local law firm welcomes two new additions
Law Firm News | 2010/12/03 10:23

The law firm of Cunningham, Mitchell & Rocconi welcomes two attorneys, Elizabeth "Sissy" Rankin and Roman Hankins.

Rankin returns to the firm after serving as a General Sessions and Juvenile Court judge in Montgomery County.
Hankins returns to his hometown after graduating from the University of Tennessee-Knoxville with a bachelor of business administration degree and a doctor of jurisprudence.

"We are very honored to have both Sissy and Roman join us," said Jack Mitchell, senior partner of the firm, in a news release. "Sissy's experience as a judge brings additional value to the litigation practices of our firm, and we are excited about Roman's potential after graduating UT with honors."

Larry Rocconi, another partner of the firm, sees additional opportunities for growth with the new hires. "We have been very fortunate in this economy to have an active practice and loyal clients. By getting Sissy back and bringing Roman on board, we can continue to provide existing and new clients with a high level of service in a timely fashion."

Rankin and Hankins said they share in the enthusiasm at Cunningham, Mitchell & Rocconi. "When my term as General Sessions judge ended, I knew that I wanted to come back to a strong law firm with a great reputation, both among lawyers and the community as a whole. I'm proud to be back with these gentlemen."



MGM restructuring plan approved by court
Business Law Info | 2010/12/03 10:21

Struggling U.S. movie studio Metro-Goldwyn-Mayer Inc.(MGM) said Thursday its restructuring plan has been approved by a federal bankruptcy court, allowing it to emerge from bankruptcy protection.

Under the new plan, the company's lenders will exchange nearly five billion U.S. dollars in outstanding debt, including accrued interest and fees, for most of the equity in MGM. Spyglass Entertainment Partners Gary Barber and Roger Birnbaum will become the company's new owners.

The approval is expected to end turmoil and uncertainty that have plagued the movie studio for 18 months.



High court to rule in California prisons case
Lawyer Blog News | 2010/12/01 00:41

The contrasting views emerged in arguments over a federal court order forcing the nation's largest state prison system to cut its inmate population by some 40,000 to fix longtime problems with inadequate medical and mental health care.

The justices seemed divided along ideological lines, with conservatives appearing sympathetic to California's arguments and liberals sharply questioning its position. Conservatives have a slight majority on the court.

The court took the case under advisement after the arguments and is expected to issue a ruling by June.

The case involves two-class action lawsuits filed in federal court by inmates who challenged the health care conditions in California state prisons in 1990 and 2001. A trial began in 2008 and a three-judge federal panel ruled against the state last year.

Improving conditions in California's prisons has become a major legal, political and budget issue in view of the state's budget crisis and high unemployment.

Carter Phillips, the attorney representing the state, said the lower court had violated federal law by failing to give sufficient weight to the potential adverse on public safety of cutting the prison population.

"I guarantee you that there is going to be more crime and people are going to die on the streets of California," he said.

California's 33 adult prisons were designed to hold about 80,000 inmates but currently hold about 145,000. The state has lowered its prison population through changes in parole and sentencing policies and by transferring inmates to private prisons in other states.



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