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Swiss voters reject anti-immigration initiative
Legal World News |
2008/06/02 12:51
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Swiss voters overwhelmingly rejected an anti-immigrant initiative that would have made it harder for foreigners to gain citizenship, according to referendum results released Sunday. All but one of 26 Swiss cantons (states) rejected the initiative by the nationalistic Swiss People's Party, while in the overall population 63.8 percent voted against it, according to official results. The initiative was aimed at overturning a Supreme Court ruling that barred the widely denounced practice in some Swiss communities of subjecting citizenship applications to a popular vote. "The people clearly said: 'We don't want xenophobia and we want direct democracy to respect basic rights,'" Swiss President Pascal Couchepin said on Swiss television SF. People's Party lawmaker Hans Fehr said he still believed the requirements for Swiss citizenship should be more stringent. |
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10 states ask Calif. court to delay gay marriage
Legal Career News |
2008/06/02 08:51
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The attorneys general of 10 states are urging the California Supreme Court to delay finalizing its ruling to legalize same-sex marriage. The attorneys general say in court documents filed Thursday that they have an interest in the case because they would have to determine if their states would recognize the marriage of gay residents who wed in California. They want the court to stay its ruling until after the November election, when voters likely will decide whether to amend the state constitution to ban gay marriage. California Attorney General Jerry Brown is urging the court not to grant the stay. The states involved are Alaska, Colorado, Florida, Idaho, Michigan, Nebraska, New Hampshire, South Carolina, South Dakota and Utah. |
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Courts Reject Two Major Vioxx Verdicts
Court Feed News |
2008/05/30 16:30
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Two major court victories for Merck on Thursday pushed the litigation over the painkiller Vioxx closer to conclusion and highlighted the increasing difficulty that plaintiffs’ lawyers were having in winning lawsuits against big drug companies. A state appeals court in Texas overturned a $26 million jury verdict against the company in a lawsuit brought by Carol Ernst, whose husband, Robert, died in 2001 after taking Vioxx. In reversing the verdict, the appeals court found that plaintiffs had not proved that Vioxx caused Mr. Ernst’s death. Separately, an appeals court in New Jersey sharply reduced a verdict in another Vioxx case. The court ruled that the jury should not have been allowed to award punitive damages against Merck or to find that Merck had committed consumer fraud. Only compensatory damages of $4.5 million were permitted, the court said. The rulings on Thursday leave lawyers for plaintiffs with just three victories, all with relatively small awards, in the nearly 20 Vioxx cases that have reached juries. Mark Lanier, a plaintiffs’ lawyer who was involved in both cases decided Thursday, criticized the decisions and promised appeals. But plaintiffs face an uphill battle. Bruce Kuhlik, Merck’s general counsel, said the company was pleased with the rulings. “Our faith in the judges and the fairness of the process has been well placed,” he said. Thursday’s ruling may further discourage lawyers from pursuing lawsuits against drug makers. Already, plaintiffs’ lawyers are nervously awaiting a Supreme Court ruling in a case that will be heard this fall and could bar most lawsuits against companies for injuries said to be caused by prescription medicines approved by the Food and Drug Administration. |
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Son of India politician sentenced to life in prison
Legal World News |
2008/05/30 13:27
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A New Delhi court sentenced a wealthy Indian politician's son to life in prison Friday for the murder of his sister's boyfriend in a case seen as a test of the justice system's ability to take on the powerful. Earlier in the week the court convicted Vikas Yadav in the abduction and murder of Nitish Katara in 2002. His cousin, Vishal Yadav, was also convicted. The prosecution said the defendants killed Katara because they did not approve of his relationship with Vikas Yadav's sister, Bharti. The court said Friday the case did not merit the death sentence under Indian law. A lawyer representing the Katara family, Kamini Jaiswal, told the CNN-IBN news channel she was satisfied with the sentence, while Yadav's lawyer, K.N. Balgopal told reporters they would appeal the conviction. Vikas Yadav's father, Dharam Pal Yadav, is a wealthy and powerful lawmaker from India's Uttar Pradesh state, notorious for strongmen who dominate state politics using money, power and harassment to further their interests. The case was seen as a bellwether of the courts' ability and willingness to take on powerful figures who often use bribery and influence to escape punishment. Katara, then 24, was last seen the night before he was killed, attending a wedding with Bharti. His badly charred body was found later. In most parts of largely conservative India, romantic relationships without parental approval are frowned upon and even considered an affront to family honor. |
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Recognition of gay marriages in NY faces battle
Lawyer Blog News |
2008/05/30 10:28
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Religious and social conservatives vowed Thursday to fight Gov. David Paterson's directive requiring state agencies to recognize gay marriages performed legally elsewhere, saying it flouts traditional values and is a big step toward legalizing same-sex unions in New York. "The definition of marriage predates recorded history," said New York State Catholic Conference Executive Director Richard E. Barnes. "No single politician or court or legislature should attempt to redefine the very building block of our society in a way that alters its entire meaning and purpose." Paterson issued a memo earlier this month saying that gay New Yorkers who marry where it is legal will have the right to share family health care plans, receive tax breaks by filing jointly, enjoy stronger adoption rights and inherit property. He cited a February ruling in a New York Appellate Division court in which the judges determined that there is no legal impediment in New York to the recognition of a same-sex marriage. Earlier this month, the California Supreme Court ruled that same-sex marriage in the nation's most populous state is legal. The ruling overturned a voter-approved ban on gay marriage. |
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Lawyer sues Delta for ruining family vacation
Headline News |
2008/05/29 16:34
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A New York lawyer is suing Delta Air Lines for $1 million, saying his family vacation turned into a nightmare after they were stranded in an airport for days and treated disdainfully by airline employees. Richard Roth, who filed the lawsuit on behalf of himself and his mother, said he planned the Christmas 2007 trip to Buenos Aires to celebrate his mother's 80th birthday. She had grown up in the city, but had not returned in years, he said. Instead, Roth, his two teenage children, his wife and mother spent three days in airports, went days without their luggage, were treated rudely by airline employees and were forced to spend $21,000 on unused hotel rooms in Argentina, replacement clothes, and other costs. "Through its gross negligence, malfeasance and absolute incompetence, Mr. Roth holds Delta responsible for ruining his vacation," said the lawsuit, filed in New York state court. Delta Air Lines Inc had no immediate comment. Roth said that he has been in touch with Delta about getting reimbursed, but was repeatedly rebuffed. He told Reuters on Wednesday filing the suit was a last resort. After the initial flight from New York was delayed by more than two hours, the family was not allowed to board their connecting flight in Atlanta, Roth said. A Delta employee "literally walked away chuckling that he had left them stranded," he said. After waiting in the airport for hours, Roth was told the next available flight would depart more than two weeks later.
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