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Gunman kills 5, wounds 25 in northwest England
Legal World News | 2010/06/02 14:40

A taxi driver described as quiet but friendly went on a shooting spree across a picturesque rural area of northwestern England on Wednesday, killing at least five people and wounding 25 before apparently turning the gun on himself.

Officers found a body believed to be that of 52-year-old suspect Derrick Bird in woodland near the Lake District village of Boot, Cumbria police said. A gun was found alongside the body.

"I regret to report that a number of people have been shot and that at least five people have died," Prime Minister David Cameron told lawmakers in the House of Commons. "I can confirm that a body of a gunman has been found by police."

Police said that as well as the deaths, 25 people were wounded in shootings in the small town of Whitehaven and nearby Seascale and Egremont, about 350 miles (560 kilometers) northwest of London.

The BBC reported there had been shootings in 11 locations, not all of them fatal. Witnesses described seeing the gunman driving around shooting out the window of his car.

Barrie Walker, a doctor in Seascale who certified one of the deaths, told the BBC that victims had been shot in the face, apparently with a shotgun.

Witness Alan Hannah told the Whitehaven News that he saw a man with a shotgun in a car near a taxi stand in Whitehaven. Photos showed a body, covered in a sheet, lying in a street in the town.



48 states: Funeral protests shouldn't be protected
Lawyer Blog News | 2010/06/02 11:38

Forty-eight states and the District of Columbia have submitted a brief to the Supreme Court in support of a father who sued anti-gay protesters over their demonstration at the 2006 funeral of his son, a Marine killed in Iraq.

Only Virginia and Maine declined to sign the brief by the Kansas attorney general.

Albert Snyder sued over protests by the Kansas-based Westboro Baptist Church at his son's funeral in Maryland. The church pickets funerals because they believe war deaths are punishment for U.S. tolerance of homosexuality.

The Supreme Court has agreed to consider whether the protesters' message is protected by the First Amendment.

In the brief filed Tuesday, the states argued they have a compelling interest in protecting the sanctity of funerals.



Judge: Conn. town can't hold graduations in church
Lawyer Blog News | 2010/06/01 16:08

A federal judge has ruled two Connecticut public high schools can't hold their graduations inside a church because that would be an unconstitutional endorsement of religion.

U.S. District Court Judge Janet Hall made the ruling Monday in the case of Enfield High School and Enrico Fermi High School, both in Enfield.

The Enfield school board says it voted to hold services June 23 and 24 at The First Cathedral in Bloomfield because it had enough space at the right price. But two students and three of their parents sued.

The judge says Enfield had unconstitutionally entangled itself with religion by agreeing to cover much of the church's religious imagery. She also says the town coerced the plaintiffs to support religion by forcing them to enter the church for graduation.



Court: Victims can sue ex-Somali prime minister
Lawyer Blog News | 2010/06/01 15:07

The Supreme Court on Tuesday refused to block a lawsuit against a former prime minister of Somalia over claims that he oversaw killings and torture in his home country.

The high court said it will allow lawsuits against Mohamed Ali Samantar to go forward despite his claims of immunity under the Foreign Sovereign Immunities Act. However, the court warned that the U.S. District Court will have to decide whether Samantar can access other claims of immunity that could stop the trial.

The court's decision could have broad foreign policy implications. Allowing lawsuits against former foreign officials living in the United States could increase the likelihood that U.S. officials would be sued in overseas courts. An increase in the number of U.S. lawsuits dealing with past actions in foreign countries could also affect the United States' current ties with those countries.

Samantar was defense minister and prime minister of Somalia in the 1980s and early 1990s under dictator Siad Barre.

He now lives in Virginia. He is being sued under the Torture Victim Protection Act by Somalis living in the United States who were subjected to persecution in the 1980s. They say Samantar was in charge of military forces who tortured, killed or detained them or members of their families.



Kagan: No need for court review of rogue juror
U.S. Legal News | 2010/06/01 09:07
A federal judge warned jurors in a death penalty trial 41 times not to discuss the case with anyone, not even each other, until they were sent off to deliberate on a verdict. That didn't stop Cynthia Wilson, the jury foreman, from calling five news organizations and placing 71 other telephone calls to two fellow jurors.

U.S. District Judge Joseph F. Anderson Jr. of South Carolina found Wilson's behavior so outrageous that he held her in contempt of court, ordering her to return $2,500 of her juror's pay and perform 120 hours of community service. Anderson said he would have put Wilson in jail for six months if she did not have four children at home.

But when the defendant in the case, Brandon Basham, asked for his death sentence to be thrown out as a result of Wilson's conduct, Anderson refused and the 4th U.S. Circuit Court of Appeals in Richmond, Va., backed him up.

And when Basham took his plea to the Supreme Court, Solicitor General Elena Kagan agreed that the judge had made the correct call. The high court, to which Kagan has since been nominated, could say as early as Tuesday whether it will hear Basham's case.

It is no surprise that the government is seeking to preserve what it already has won, especially after the time and expense of a capital punishment trial.



Transocean seeks delay of oil spill depositions
Headline News | 2010/05/28 16:50

The company that owns the sunken Deepwater Horizon rig argued in federal court Tuesday that plaintiffs should not begin collecting evidence and testimony on the Gulf oil spill until the November deadline for claimants to file suit.

Transocean Ltd. made its arguments in Houston after the federal court there accepted the company's petition to limit its liability in the oil spill to less than $27 million, the amount the company says the sunken rig is worth.

U.S. District Judge Keith Ellison made no rulings Tuesday. He scheduled two more court dates for early June, noting he wants to focus on whether the suit should remain in Texas or move elsewhere and whether depositions should begin immediately.

Ellison indicated he didn't want to wait.

"Is that a luxury we have in this case? Isn't that an awful long delay?" he asked the Transocean attorneys who argued to wait until all the lawsuits have been filed.

Transocean owned the rig that blew up April 20, killing 11 workers and causing one of the worst U.S. oil spills in decades.

The liability limit set by Ellison's court is based on a 19th century federal maritime law. Lawsuits have been filed in numerous states, and Transocean has said it filed its petition under the 1851 Shipowner's Limitation of Liability Act to get all the lawsuits aggregated in one court.



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