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Calif. Court Nixes $21M Claim Against Travel Sites
Lawyer Blog News |
2010/02/02 16:58
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A judge ruled Monday that online travel sites such as Expedia do not owe the city of Anaheim $21 million in hotel taxes for rooms booked over the Internet, the first ruling of its kind in California on an issue that has bubbled up in cities across the country. In her ruling, Los Angeles Superior Court Judge Carolyn Kuhl set aside last year's decision by a city hearing officer that the travel booking sites owed $21.3 million to Anaheim in back hotel taxes. The city is reviewing its options, spokeswoman Marty DeSollar said in an e-mailed statement. A coalition of the online travel sites, including Priceline, Expedia Inc., Orbitz, Hotwire, Hotels.com and Trip Network Inc., filed papers asking to overturn the hearing officer's ruling. Such disputes are increasingly common between online travel companies and tourist-dependent cities. Lawsuits or complaints have been filed around the country by cities or customers, including in Georgia, Maryland, Texas, New York, Illinois, Pennsylvania and in the California cities of San Diego and San Francisco. |
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Gambling officer says south Ala. machines illegal
Court Feed News |
2010/02/02 13:58
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The undercover officer who obtained a search warrant for a planned raid at the Country Crossing gambling hall in Dothan, Ala., said its electronic machines aren't bingo because they can be played blindfolded. In papers filed in federal court Monday, Lt. Mike Reese of the Alabama Alcoholic Beverage Control Board said he is the officer who obtained search warrants for a successful raid of a gambling hall in White Hall on March 19 and for a raid at Country Crossing on Jan. 6 that was blocked by a judge. Reese, a member of Gov. Bob Riley's Task Force on Illegal Gambling, told the court the Country Crossing games don't meet any of the standards for player interaction that the Alabama Supreme Court laid out in the White Hall case, including marking numbers and recognizing a winning card. "In fact, once money is inserted, the game can be played blindfolded or with the eyes closed by simply pressing the button three times, and can be played without ever looking at the bingo card," Reese said in an affidavit presented to U.S. District Judge Myron Thompson. Reese's search warrant for the Jan. 6 raid expired without ever being used. The task force is now fighting in court with Country Crossing's attorneys over whether the task force can stage a new raid on the gambling hall's 1,700 machines. A planned raid last Friday was called off when a judge sought more information before issuing a new search warrant. |
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Court records in teacher killing show a couple at war
Legal Career News |
2010/02/01 17:02
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Long before teacher Tetyana Nikitina was shot to death Friday, she said she feared for her life. In fact, according to divorce records filed in 2005, the 34-year-old Ukranian immigrant also said she was terrified her then-husband would kill their two children. Nikitina was gunned down Friday afternoon as she left the Salt Lake Head Start school where she worked. Police say she was fatally shot by her former mother-in-law, 70-year-old Mary Nance Hanson. Unified Police executed a search warrant Monday on the Taylorsville home of Nikitina's ex-husband and Hanson's son, Dale Jankowski. Police said they hoped they could piece together the circumstances that led to Nikitina's death. For his part, Jankowski said in voluminous divorce records filed in 3rd District Court that Nikitina was trying to set him up with false accusations of domestic abuse, and he was deeply afraid that she would flee the United States with their children — which resulted in a battle over the children's passports. "There is no label for him (such as person of interest)," Unified Police Lt. Don Hutson said. "He is just a relative of the suspect." Hutson said investigators are interested in the relationship Nikitina had with Hanson, who called 911 after the shooting.
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Court upholds state's death penalty
Court Feed News |
2010/02/01 17:02
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Delaware's death penalty was upheld as constitutional on Monday, paving the way for executions -- on hold since May 2006 -- to resume. Delaware Attorney General Beau Biden said Monday he was pleased the court ruled that Delaware is meeting its constitutional obligations and that his office will be working with Superior Court to begin "scheduling executions as appropriate." Biden said the three-year delay "caused uncertainty, and I'm glad this has resolved that uncertainty
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In its 47-page opinion, the 3rd U.S. Circuit Court of Appeals warned Delaware about "the worrisome course it appears to have taken at times" in executions.
"The record before us reflects an occasional blitheness on Delaware's part that, while perhaps not unconstitutional, gives us great pause. We remind Delaware not only of its constitutional obligation ... but also of its moral obligation to carry out executions with the degree of seriousness and respect that the state-administered termination of human life demands," Circuit Judge D. Michael Fisher wrote on behalf of the panel. Attorney Michael Wiseman of the Federal Community Defender's office in Philadelphia -- which represents Delaware's 18 death-row inmates in the class-action lawsuit -- declined to comment Monday, saying he was still reviewing the opinion. In court papers, attorneys for Delaware's condemned inmates detailed problems during executions, including inadequate qualifications and training of execution team members, improper dosages of the lethal injection drugs and odd procedures such as the execution team mixing drugs in the dark. Attorneys for Delaware inmates essentially charged that because of the state's history of mistakes and because it didn't follow its own rules in past executions, there was significant doubt that the state could properly follow new court-approved rules to execute inmates without unnecessary suffering.
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Man accused of keeping arsenal due in NJ court
Court Feed News |
2010/01/29 16:09
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A man who authorities say had a cache of weapons and a map of an Army base in a New Jersey motel room is due in court on Friday. Lloyd Woodson was arrested Monday after a convenience store clerk in Branchburg called police to report he was acting strangely. Police say Woodson was wearing a bulletproof vest and carrying an assault rifle. Officers found weapons including a grenade launcher and a map of New York's Fort Drum in his motel room. Woodson is charged with state and federal weapons violations. Authorities have not said whether they think he was planning an attack. The FBI said Woodson has no known terrorist connections. |
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Court rejects NH's claim to $110M malpractice fund
Legal Career News |
2010/01/29 14:10
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The New Hampshire Supreme Court on Thursday put a dent in the state budget by rejecting the state's claim to $110 million in surplus from a fund that underwrites medical malpractice insurance. In a 3-2 decision, the court upheld policyholders' claim they had a constitutionally protected contractual right to the money. The court said the state could not change its law to apply retrospectively to contracts with policyholders. "I'm disappointed. I thought it was going to be a close call to begin with," said Gov. John Lynch. "We'll manage through it." Lynch said the decision means the state will have to find $45 million over the next 17 months. He was not specific on what he will do. Republicans, who are in the minority in the Legislature, have repeatedly called the state's claim an attempt to "steal" money from doctors and health care providers.
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