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Obama nominates Berkeley prof to appeals court
U.S. Legal News |
2010/02/25 14:42
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A UC Berkeley constitutional law professor and civil rights advocate was nominated Wednesday by President Obama to the Ninth U.S. Circuit Court of Appeals in San Francisco. Goodwin Liu, 39, the son of Taiwanese immigrants, learned English in kindergarten and later became an honors graduate at Stanford and a Rhodes Scholar. He has taught at Berkeley since 2003 and was named associate dean of the law school in 2008. He also worked as a law clerk to Supreme Court Justice Ruth Bader Ginsburg and as a special assistant to the deputy secretary of the U.S. Department of Education. Liu is one of two Asian Americans nominated by Obama to the federal appeals courts, which now have no active Asian American judges. The Ninth Circuit handles federal cases from California and eight other Western states and has three vacancies among its 29 authorized judgeships. "Goodwin Liu is an outstanding teacher, a brilliant scholar and an exceptional public servant," said the law school's dean, Christopher Edley. The nomination also won praise from Sen. Barbara Boxer, D-Calif., and from Tom Campbell, a UC Berkeley business professor and former congressman who is seeking the Republican nomination to run against Boxer. Campbell said Liu would bring "scholarly distinction and a strong reputation for integrity, fair-mindedness and collegiality to the Ninth Circuit." But Senate confirmation may not be routine. Some of Liu's positions could draw conservative opposition, which has held up other judicial nominees. Liu testified in January 2006 against President George W. Bush's nomination of Samuel Alito to the Supreme Court, saying Alito's judicial opinions were well-reasoned but indicated a tilt in favor of prosecutors and the government. He did not testify against Chief Justice John Roberts but told a reporter before the 2005 confirmation hearing that he thought Roberts would move the court to the right.
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Miami Law Firm Joins Class Action Suit Against Yelp
Class Action News |
2010/02/24 18:43
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To loyal users, Yelp.com is a helpful way to find and share reviews of local businesses, but some business owners claim that the website's business practices represent something closer to an extortion scheme. Miami-based law firm Beck & Lee has joined with a San Diego firm to file a class action suit against the company, according to Mashable. The plaintiff in the suit, a Long Beach Veternary Hospital claims it contacted Yelp to see if it could delete a bad review. At first the representative refused, but then offered to hide or delete the review for about $300 a month. The East Bay Express ran a story last year claiming that Yelp was essentially "the business of extortion 2.0." During interviews with dozens of business owners over a span of several months, six people told this newspaper that Yelp sales representatives promised to move or remove negative reviews if their business would advertise. In another six instances, positive reviews disappeared -- or negative ones appeared -- after owners declined to advertise. Because they were often asked to advertise soon after receiving negative reviews, many of these business owners believe Yelp employees use such reviews as sales leads. Several, including John, even suspect Yelp employees of writing them. Indeed, Yelp does pay some employees to write reviews of businesses that are solicited for advertising. And in at least one documented instance, a business owner who refused to advertise subsequently received a negative review from a Yelp employee. Yelp immediately denied any wrong doing and claimed the story was inaccurate. "While we haven't seen the suit yet, anyone can file one, and since the allegations are false we will dispute them aggressively," a Yelp representative tells Mashable regarding the latest suit. |
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Oklahoma City hires private law firm for union talks
Legal Career News |
2010/02/24 18:41
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Oklahoma City Council members hired a private law firm Tuesday to lead upcoming contract negotiations with the city’s police and firefighter unions.
The firm, McAfee and Taft, was hired in part because negotiations with the unions have gone poorly in recent years. "It’s just broken,” Ward 4 Councilman Pete White said of recent negotiations with the public safety unions. Two of the firm’s labor attorneys will be paid $225 an hour each to lead negotiations with the unions for the next fiscal year, according to a contract council members unanimously approved Tuesday. City officials hope the arrangement helps improve a damaged relationship with the public safety unions. "It’s just to put a new face on it,” White said. "The people that do the hardest jobs we have in this city are the police department and fire. For the relationship to be this acrimonious ... is not acceptable.” City attorneys handled past negotiations and will assist with the upcoming negotiations. The negotiations figure to be tense because the city will likely ask for concessions from its public safety unions in order to meet next year’s budget, which will be much smaller than this year’s.
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S.F. man can sue feds for revealing HIV status
Court Feed News |
2010/02/24 18:37
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A small-plane pilot from San Francisco, who hid his HIV-positive status for years out of fear of losing his license, can sue the government for disclosing his condition during a fraud investigation, a federal appeals court ruled Monday. A federal judge in San Francisco dismissed Stan Cooper's damage suit in 2008, despite finding that the Federal Aviation Administration and the Social Security Administration had violated Cooper's rights by sharing his confidential personal and medical records. Chief U.S. District Judge Vaughn Walker said Cooper hadn't been harmed financially and that federal privacy law doesn't authorize suits for emotional distress. In reinstating the suit Monday, the Ninth U.S. Circuit Court of Appeals in San Francisco said the law was intended to compensate people for harm they suffer when a federal agency intentionally discloses their confidential records. That harm often consists of embarrassment rather than out-of-pocket losses, Judge Milan Smith said in the 3-0 ruling. Cooper, 67, a pilot since 1964, gave up his license after he was diagnosed HIV-positive in 1985, when FAA rules still barred anyone with the AIDS virus from flying a plane. He said he reapplied in 1994 but did not disclose his medical condition. Cooper's condition worsened in 1995 and he applied for Social Security benefits, with the assurance that his medical records would remain confidential. He said he regained his health, discontinued his benefits and applied for a renewal of his license in 1998 after the FAA dropped its ban on HIV-positive pilots. He still did not disclose his condition, explaining later that the FAA required 10 years of medical records but didn't say how it would evaluate them. The FAA revoked his license in 2005 after obtaining information from the Social Security Administration in the short-lived "Operation Safe Pilot," which examined records of 45,000 pilots, all in Northern California, to see if they had committed fraud in obtaining Social Security benefits or a pilot's license.
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Corporations Win Federal Court Access Battle
Court Feed News |
2010/02/24 18:35
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As litigators, cynics and viewers of A Civil Action know, how and where a lawsuit is brought can determine its outcome at least as often as the merits of the case. Perhaps the most potent civil procedure decision is the case's forum: state or federal court. Generally, corporate defendants prefer federal courts, and plaintiffs' attorneys prefer state courts. As a result "forum shopping" battles dominate the early stages of proceedings, as the sides fight over whether a corporation can be deemed a "citizen" of the state the plaintiffs come from; if both sides are from the same state, the case stays in that state's court. So the big issue is where a corporation has citizenship. The Circuit Courts have interpreted the key statutory language -- citizenship exists where the "principal place of business" is -- in a few ways, but most assess the "total activity" of the corporation, including its purposes, type of activity, and legal site, and most of the others similarly look to the operations of the business as a whole. Only the 7th Circuit focused on the company's "nerve center", essentially meaning the place where the company is headquartered. In Hertz Corp. v. Friend, our business-friendly Supreme Court unanimously swept away the case-by-case assessments of where businesses actually conduct their business and adopted the 7th Circuit's nerve center approach. Now corporations can insure federal diversity jurisdiction -- plaintiffs and defendants coming from different states -- whenever they most want it by (re)locating their headquarters. Expect this decision to produce two dynamics. First, some corporations will relocate out of states where the courts are viewed as particularly plaintiff friendly, insuring claims against them will not be brought in those courts. Second, corporations will threaten to leave, if the state legislatures don't amend their laws to make corporate-friendly outcomes more likely if the case is heard in the state court.
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Supreme Court: Police can question suspect after release
Lawyer Blog News |
2010/02/24 18:33
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The justices unanimously ruled for the state of Maryland in overturning a lower-court decision that had thrown out the confession to the police by a suspect in a child sexual abuse case. Justice Antonin Scalia wrote for the high court that an initial request for an attorney does not mean the police cannot question a suspect later if the person has been released from custody and decides to confess. The Supreme Court generally has favored the police and limited the rights of suspects in recent years. On Tuesday, it ruled officers adequately warned a suspect of his legal rights when they told him he could speak to a lawyer before answering any questions. The latest ruling involved Michael Shatzer, who had been imprisoned in Maryland for child sexual abuse in 2003 when police started investigating allegations he had sexually abused his 3-year-old son. Shatzer requested an attorney and the case went dormant. Some 2 1/2 years later, the boy was old enough to offer new details. When a different police detective then questioned Shatzer about the case, he was advised of his rights and signed a form waiving them before confessing. |
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