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Top court again rejects abortion poster case
Court Feed News | 2008/10/06 16:25
The Supreme Court has rejected for the third time an appeal by anti-abortion activists to undo a multimillion-dollar verdict for their use of "wanted" posters to identify abortion clinic doctors.

The justices did not comment Monday in turning down a dozen individuals and two groups that oppose abortion rights. The court turned down similar appeals in 2003 and 2006.

Four physicians and abortion clinics sued in 1995 after the activists released a Wild West-style poster that named a dozen abortion doctors underneath the headline, "Wanted." A related Web site, titled the "Nuremberg Files," declared the doctors guilty of crimes against humanity, and listed their addresses and telephone numbers.

In 1999, a jury awarded the doctors and clinics more than $100 million under racketeering laws and a 1994 federal law that makes it illegal to incite violence against abortion doctors. Courts reduced the judgment to more than $16 million.

The activists say the verdict violated their free speech rights under the Constitution.



Top court stays out of DVR patent fight
Lawyer Blog News | 2008/10/06 16:25
The Supreme Court refused Monday to disturb a $74 million judgment against Dish Network Corp. for violating a patent held by TiVo Inc. involving digital video recorders.

Without comment, the justices declined to consider Englewood, Colo.-based Dish's appeal.

In January, the U.S. Court of Appeals for the Federal Circuit agreed with a lower court that digital video recorders distributed by Dish, formerly known as EchoStar Communications Corp., violated the software elements of Alviso,Calif.-based TiVo's patent. The ruling overturned the lower court's finding that Dish also infringed on the patent's hardware elements.

TiVo issued a statement saying it was "extremely pleased" with the Supreme Court's decision and said company lawyers would press for Dish to pay financial damages.

TiVo sued in 2004, alleging that EchoStar, a satellite broadcaster, infringed on TiVo's patented technology that allows viewers to record one program while watching another. EchoStar Communications changed its name to Dish in late 2007.

TiVo pioneered digital video recorders that allow viewers to pause, rewind and fast forward live television shows.

The lower court had ordered Dish to shut down the 3 million digital video recorders used by its customers because they use TiVo's technology, but that order was put on hold pending appeal.

Dish Network has said that the ruling would not affect its customers because the company had developed and distributed new DVR software that "does not infringe the Tivo patent at issue in the Federal Circuit's ruling."



Supreme Court rejects jury Bible case
Lawyer Blog News | 2008/10/06 16:24
The Supreme Court on Monday refused to consider a murder case in which a jury foreman read passages of the Bible to hold-out jurors who subsequently voted to impose the death penalty.

Without comment, the justices declined to consider whether the jury foreman's conduct violated the rights of Jimmie Lucero, an Amarillo, Texas, man sentenced to death after being convicted in the shotgun slayings of three neighbors at their home in 2003.

The state of Texas argued that the Bible passage merely duplicated instructions of the trial court. The Texas Court of Criminal Appeals found the introduction of the Bible into the jury room to be "harmless error."

A Texas jury took about five hours to decide on the death penalty for Lucero.

The two jurors who switched their votes said the reading of the scripture and its content had no impact on their votes.

During deliberations, the foreman read aloud from Romans 13:1-6, which states that everyone must submit to authority and that those who do wrong should be afraid, for a ruler is "God's servant, an agent of wrath to bring punishment to the wrongdoer."

Lucero was convicted in the killings of 71-year-old Pedro Robledo, his 72-year-old wife, Maria, and their daughter, Fabiana, 31.



Railroad regulators issue emergency cell phone ban
Lawyer Blog News | 2008/10/04 16:29
Federal regulators issued an emergency order Thursday banning use of cell phones and other electronic devices by rail workers, a day after investigators said a commuter-train engineer was text messaging moments before a deadly crash last month.

Violators could be fined or removed from their jobs under the Federal Railroad Administration rule, which comes as the National Transportation Safety Board investigates why Metrolink engineer Robert Sanchez ran through a red light and into a freight train, killing 25 people.

Preliminary evidence released Wednesday by the NTSB on the timing of the messages appears to rule out that he was unconscious at the time and could show that Sanchez, who was among the dead, was distracted at the time of the crash, experts said.

"They know what's probable, that he was distracted while sending a text message or getting ready to send one," said Ron Schleede, who retired from the NTSB after 28 years as an accident investigator. "He was not incapacitated, but he was also not alert and paying attention."

NTSB investigators have found no indication of mechanical error, signal malfunction or problems with the track. While the NTSB has not made a finding about the cause of the crash, Metrolink has already said Sanchez went through the stop light.

An NTSB spokeswoman would not comment further Thursday about the investigation, which could take more than a year.

In issuing the order, the Railroad Administration noted that rail workers are increasingly using cell phones and other electronic devices that could distract them at critical moments during railroad operations.

It noted six train accidents, four of them resulting in deaths, between 2000 and 2006 in which cell phone use was involved.

"These obviously unsafe practices reflect the powerful influence of pervasive use of cell phones and other electronic and electrical devices," the report said.

While most railroads prohibit or restrict use of electronic devices by rail workers on duty, the Railroad Administration said the rules have not proved effective in preventing train accidents.

Wireless phones provide an extra means of communication among engineers, conductors and dispatchers in the event of a radio failure, but Metrolink decided to prohibit cell phones outright in the locomotive cabin, said Keith Millhouse, vice chairman of the regional rail system's board of director.

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



Race driver Castroneves heads to court in tax case
Lawyer News | 2008/10/03 15:28
Two-time Indianapolis 500 winner and "Dancing With the Stars" champion Helio Castronoves was set to appear in court Friday to face allegations he used offshore accounts to hide millions of dollars in income from the Internal Revenue Service.

The 33-year-old driver was indicted Thursday on charges of conspiracy and six counts of tax evasion for purportedly failing to report to the IRS about $5.5 million in income between 1999 and 2004, according to court documents. Each count carries a maximum five-year prison sentence.

One of his attorneys, David Garvin, said he was disappointed that the tax dispute could not be resolved without criminal charges.

"Helio has always done the appropriate thing and hired accountants and attorneys he relied upon," Garvin said. "We are of the strong belief that he did not do anything wrong. We're looking forward to going to court."

Castroneves, a native of Sao Paulo, Brazil, has won the Indianapolis 500 twice and finished second this year in the IndyCar Series points standings. He and partner Julianne Hough won the 2007 "Dancing with the Stars" TV reality show competition on ABC.

The indictment charges that Castroneves illegally concealed income from Penske Racing Inc. and the Brazilian firm Coimex International S.A. Neither company is charged with any wrongdoing.

Also facing charges are Katiucia Castroneves, the driver's sister and business manager, and attorney Alan R. Miller of Birmingham, Mich. They also were scheduled to make court appearances Friday.

Miller's attorney, Michael Tein, said prosecutors acted "recklessly" in bringing the charges and said Miller has always had "an absolutely stellar" legal reputation.



NY appeals court overturns terrorism verdicts
Lawyer Blog News | 2008/10/03 15:27
A federal appeals court Thursday overturned the convictions of a Yemeni cleric and his deputy, finding they were prejudiced by inflammatory testimony about unrelated terrorism links in a case the United States once touted as a victory in its war against terrorism.

The 2nd U.S. Circuit Court of Appeals said Thursday that Sheik Mohammed Ali Al-Moayad and Mohammed Mohsen Zayed, convicted of supporting terrorists, can have new trials. The three-judge panel took the unusual step of ordering the transfer of the case to a new judge.

The men were convicted in federal court in Brooklyn after a six-week trial in early 2005 on charges of conspiring to support al-Qaida and Hamas, supporting the Palestinian group and attempting to support al-Qaida. Their trial featured testimony by an FBI informant who set himself on fire outside the White House, saying he wanted more money from the FBI.

Al-Moayad, 60, was sentenced to 75 years in prison. Zayed, 34, was sentenced to 45 years.

The appeals court said the defendants were prejudiced by testimony from a Scottish law student who told of a deadly suicide bombing on a bus in Tel Aviv and by an American citizen of Yemeni heritage who attended an al-Qaida training camp in Afghanistan in 2001.



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