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WADA faces court challenge in Belgium
Legal World News | 2009/01/27 19:11
A group of Belgian athletes is challenging the rule requiring athletes to notify drug testers of their whereabouts, contending it violates privacy.


If the case is successful in Belgium, it could undermine the work of the World Anti-Doping Agency and be used as a precedent to contest the ruling in other courts around the world.

Lawyer Kristof De Saedeleer represents a group of 65 soccer and volleyball players and cyclists. He has filed the case with Belgium's Council of State high court, which could take up to six months to rule.

Athletes are obligated to give their whereabouts up to three months in advance. Out-of-competition tests are essential in catching cheats since many illegal substances can become untraceable by the time competition starts.

To perform such tests, WADA needs to know at all times where and when athletes can be traced. Under the latest WADA code, athletes must specify one hour each day where they can be located for testing.

"It gives WADA a pass to invade the privacy of athletes," De Saedeleer said by telephone Tuesday.

Three missed tests or three warnings for failing to file such information within an 18-month period constitute a doping violation and can lead to a ban.

The Belgian challenge cites privacy provisions within the Belgian constitution and the European Convention on Human Rights and Fundamental Freedoms of the Council of Europe.

Although the athletes stress they do not object to out-of-competition doping, they claim the system is far too invasive, forcing them even to pinpoint when they go to the movies.



Cheerleading is a contact sport, Wis. court rules
Court Feed News | 2009/01/27 19:11
High school cheerleading is a contact sport and therefore its participants cannot be sued for accidentally causing injuries, the Wisconsin Supreme Court ruled Tuesday in a case being closely watched in the cheerleading world.

The court ruled that a former high school cheerleader cannot sue a teammate who failed to stop her fall while she was practicing a stunt. The court also said the injured cheerleader cannot sue her school district.

The National Cheer Safety Foundation said the decision is the first of its kind in the nation.

At issue in the case was whether cheerleaders qualify for immunity under a Wisconsin law that prevents participants in contact sports from suing each other for unintentional injuries.

It does not spell out which sports are contact sports. The District 4 Court of Appeals ruled last year cheerleading doesn't qualify because there's no contact between opposing teams.

But all seven members of the Supreme Court agreed on Tuesday to overturn that decision. In the opinion, Justice Annette Ziegler said cheerleading involves "a significant amount of physical contact between the cheerleaders." As an example, she cited stunts in which cheerleaders are tossed in the air.

The lawsuit was brought by Brittany Noffke, who was a varsity cheerleader at Holmen High School in western Wisconsin. Practicing a stunt in 2004, Noffke fell backward off the shoulders of another cheerleader and suffered a serious head injury.



CHATSWORTH METROLINK TRAIN ACCIDENT LAWYERS
Law Firm News | 2009/01/27 09:13

Special Message for Victims of Chatsworth Metrolink Disaster

On September 12, 2008, an unprecedented tragedy occurred in Chatsworth, California when Metrolink Train #111 struck a Union Pacific freight train which was traveling on the same tracks. Our hearts go out to the victims. But this tragedy should not have happened. It happened because of human error on the part of Metrolink employees. Unfortunately, as the lawyers of RKA know well, human error by railroad engineers is not at all unique as a cause of commuter rail disasters.

Jerome L. Ringler has greater experience in representing victims of commuter rail and freight train disasters than any other lawyer in the State of California, if not the country. He has served as lead counsel in every one of the largest commuter rail disasters which have occurred in Southern California in the past 10 years.

In the Placentia Commuter Rail Disaster of 2003, Mr. Ringler was appointed by the Court as lead counsel for all of the Plaintiffs. He was requested by all of the lawyers representing individuals injured or killed in that incident to try the first case. That case resulted in the largest verdict for Post Traumatic Stress Disorder ever rendered by a jury in the United States. That verdict, which was for $9 million, is detailed below in the multimedia section.

In the Burbank Commuter Rail Disaster, which also occurred in 2003, Mr. Ringler was again appointed by the Court to serve as lead counsel. In that capacity he was given the responsibility to try the entire liability (i.e., fault) case for all of the victims. In other words, every one of the dozens of lawyers who represented individual victims in that disaster trusted Mr. Ringler to try the liability phase for them, knowing that their clients would only recover if Mr. Ringler was successful. He was. In fact, Mr. Ringler not only obtained a favorable verdict for all of the plaintiffs, he obtained a $12 million verdict for his own client as well. This verdict was the largest in the State of California for a person with the type of injuries Mr. Ringler's client had suffered. This verdict is detailed below in the multimedia section.

Mr. Ringler is currently lead counsel for all plaintiffs in the Glendale Metrolink Derailment Disaster of 2005. This incident was, before September 12, 2008, the largest Metrolink disaster in history. Interestingly, in that case (which involves 11 deaths and dozens of serious injuries), Mr. Ringler has, against all odds, developed testimony proving that, even though a mentally-ill person placed a jeep across the tracks that the Metrolink train was traveling upon, human error on the part of the Metrolink engineer prevented him from stopping the train before hitting the jeep, which caused the train to derail. In other words, while the jeep certainly never should have been on the tracks, the Metrolink engineer would have been able to stop the train before ever striking the jeep had he only been paying proper attention. That case is scheduled to go to trial on June 8, 2009, with Mr. Ringler as lead counsel.

The verdicts detailed on this page were all obtained by Mr. Ringler and all relate to railroad litigation. However, Mr. Ringler has achieved enormous, record-breaking monetary awards across California in a variety of complex areas. Those accomplishments are detailed elsewhere in this website. To see them, click here.

If you or a loved one has suffered injury or death as a result of the horrific Chatsworth Metrolink Disaster, we are available to discuss your rights with you confidentially and at no charge.

Please feel free to contact us at your convenience. Ask for Mr. Ringler, or any of his partners, at (213) 473-1900.

http://www.rkallp.com/metrolink-disaster-lawyers.html


Gatehouse and New York Times Co. settle lawsuit
Court Feed News | 2009/01/26 16:09
An agreement has been reached in a copyright infringement lawsuit filed by GateHouse Media against The New York Times Co.


GateHouse sued the Times, the parent company of The Boston Globe and its Boston.com Web Site, last month, claiming the Globe's new community Web sites use GateHouse's newspaper headlines and lead sentences without permission.

GateHouse claims Boston.com violates copyright and trademark laws by taking GateHouse material published on its "Wicked Local" Web sites.

A clerk to U.S. District Judge William Young said the two sides reached an agreement over the weekend just before the case was set to go to trial Monday in U.S. District Court.

No details have been announced. Lawyers for GateHouse declined comment Monday morning.



Court to consider how long lawyer request lasts
Headline News | 2009/01/26 16:07
The Supreme Court has agreed to clarify how long a suspected criminal's request for a lawyer during police interrogation should be valid.


The high court on Monday said it will consider allowing prosecutors in Maryland to use a confession from convicted child molester Michael Shatzer that he sexually abused his son.

Shatzer was imprisoned at the Maryland Correctional Institution in Hagerstown for child sexual abuse in 2003 when police started investigating allegations concerning his son. Shatzer requested an attorney and the investigation was soon dropped.

Three years later, the boy was old enough to offer details. According to court documents, when police questioned Shatzer again about the case, he was advised of his rights and signed a form waiving them before confessing.

After Shatzer was charged, he filed a motion to suppress his statements, arguing that he had asked for an attorney in the case before. A lower court said the confession could be used, but the Maryland Court of Appeals agreed with Shatzer and threw out the confession.



US Supreme Court says passenger can be frisked
Lawyer Blog News | 2009/01/26 16:07
The Supreme Court ruled Monday that police officers have leeway to frisk a passenger in a car stopped for a traffic violation even if nothing indicates the passenger has committed a crime or is about to do so.


The court on Monday unanimously overruled an Arizona appeals court that threw out evidence found during such an encounter.

The case involved a 2002 pat-down search of an Eloy, Ariz., man by an Oro Valley police officer, who found a gun and marijuana.

The justices accepted Arizona's argument that traffic stops are inherently dangerous for police and that pat-downs are permissible when an officer has a reasonable suspicion that the passenger may be armed and dangerous.

The pat-down is allowed if the police "harbor reasonable suspicion that a person subjected to the frisk is armed, and therefore dangerous to the safety of the police and public," Justice Ruth Bader Ginsburg said.



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