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Oregon House passes same-sex civil unions bill
Legal Career News |
2007/04/18 21:21
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A gay rights bill that would allow same-sex couples in Oregon to enter into contractual relationships affording them the benefits available to married couples passed in the Oregon House of Representatives Tuesday. A second piece of legislation protecting individuals against discrimination based on sexual orientation also passed in the state House. That bill would ban discrimination in employment, housing, and public accommodations, and create a civil cause of action for violations of the act. Both gay rights bills are expected to pass in the Oregon State Senate, and Gov. Ted Kulongoski has already announced his support for the legislation. Last week, the Washington State House of Representatives approved a domestic partnership bill (SB 5336) that grants same-sex couples hospital visitation rights, inheritance rights when there is no will, and the power to authorize medical procedures, such as organ donation and autopsies. Earlier this month, the New Hampshire House of Representatives passed a bill to allow civil unions for gay and lesbian couples.
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Microsoft to pay up to $180 million to settle Iowa suit
Class Action News |
2007/04/18 20:19
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Microsoft Corp. agreed Wednesday to pay Iowans up to $180 million to settle a class-action lawsuit that claimed the company had a monopoly that cost the state's citizens millions of dollars extra for software products. The $179.95 million settlement means individuals in Iowa who bought certain Microsoft products separately or preinstalled on computers between May 18, 1994, and June 30, 2006, will be eligible for cash. Government agencies and companies with multiple copies purchased between July 1, 2002, and June 30, 2006, can seek vouchers that will enable them to buy computer equipment and software. The amount that can be claimed will depend on which product and how many copies were purchased. For each copy of Microsoft Windows or MS-DOS, customers can claim $16. Microsoft Excel is worth $25 a copy and Microsoft Office, $29 a copy. For Word, Works and Home Essential software, consumers can claim $10 a copy, according to the agreement. No proof of purchase will be required for online claims of up to $100 or for mail claims of up to $200. Claimants will be required to sign a legal document saying their claim is accurate. Lying can bring a charge of perjury. Notification will be sent to the estimated 1 million class members on April 25, the date when they can begin claiming money. The claim period ends Dec. 14. |
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Judge rules lawsuit in Ball State shooting can proceed
Court Feed News |
2007/04/18 19:18
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A federal judge says he won't dismiss a civil rights lawsuit filed against a former Ball State University police officer by the family of a student who was fatally shot by the officer. U-S District Judge Richard Young refused yesterday to reconsider his previous order allowing the wrongful death lawsuit against Robert Duplain to go to trial. A Delaware County grand jury cleared Duplain of any wrongdoing in the 2003 shooting, but the family of 21-year-old Mike McKinney filed a 100 (m) million dollar civil rights lawsuit. Duplain's attorneys asked Young to dismiss the suit, arguing that he had used reasonable force and had qualified immunity as a police officer. Young ruled that expert witnesses could provide testimony that McKinney did not charge at Duplain before he was shot. |
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Woman sues town after falling in to friend's grave
Lawyer Blog News |
2007/04/18 18:17
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A Georgia woman is suing the town of Highlands and a Macon County funeral home after she fell into the open grave of her friend in a town-owned cemetery. Marian May, of Marietta, Ga., fell into the grave of Jean Murphy Henderson in June 2004 while trying to place flowers on her casket. She remembers the ground giving way as she stepped toward the casket and then hitting the concrete vault 6-feet below. The fall broke her hip, which she eventually had to have replaced. "It is not much fun being down there, where it's nice and black and you are looking up and I am saying 'Jean, I don't want to go with you,'" May said. The rescue squad removed her from the grave on a backboard. A federal judge recently cleared the case to proceed. It could go to trial next year. In the court papers, May claims the open grave was dangerous because green carpeting, which she says appeared to be a good place to step, was the only material covering its opening. She also says the side of the grave might have been crumbling beneath the carpeting. She said the town and the funeral home are responsible because they didn't make the grave safe for the service, didn't dig it to the proper size, didn't cover the opening with plywood and failed to warn people about the danger. She and her husband William May, 92, who claims the accident has cost him the affection of his wife, are suing for more than $75,000. The town denied the claims in court papers filed in response to the lawsuit. A lawyer for Highlands said the town didn't know about dangerous conditions at the graveside and that it is not responsible for making the area near a grave safe. The town's lawyer also said May didn't heed warnings from funeral home officials to stay away from the graveside. Bryant Funeral Home also denied it was responsible for the accident in court papers and said funeral home workers warned May to stay away from the graveside. |
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Cytochroma settles lawsuit with Genzyme
Business Law Info |
2007/04/18 18:17
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Cytochroma, Inc., a company managed by former employees of Bone Care International, has announced the settling of a lawsuit filed in August 2006 by Genzyme Corp., the company that acquired Bone Care in 2005. The lawsuit, in which Genzyme claimed that the former Bone Care employees had begun to develop the company's trade secrets into new products, was being adjudicated in the United States District Court, Western District of Wisconsin. Genzyme filed the suit in August of 2006 against Cytochroma Inc., Proventiv Therapeutics, LLC, and the three former Bone Care International employees. The complaint alleged the misappropriation of Vitamin D-related trade secrets, and has been formally dismissed. The terms of the settlement were not disclosed. The three former Bone Care employees - Charles Bishop, Keith Crawford, and Eric Messner - formed Proventiv Therapeutics, which was acquired by Cytochroma in 2006. Cytochroma is a pharmaceutical company that is developing products to treat and prevent diseases and disorders related to vitamin D hormone deficiency. The company is deciding whether to open an office in Madison.
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AG Gansler won't appeal Fair Share Health Care case
Headline News |
2007/04/18 16:13
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Maryland Attorney General Douglas F. Gansler said Tuesday that Maryland will not challenge a decision by the US Court of Appeals for the Fourth Circuit holding that the federal Employee Retirement Income Security Act (ERISA) preempts the Maryland Fair Share Health Care Fund Act. The act was part of a state attempt to force Wal-Mart to contribute more for employee health care. In a 2-1 ruling in January, the court upheld a district court ruling which determined that the Maryland law violates ERISA by not allowing Wal-Mart to create a uniform employee health benefit program nationwide. Maryland is now planning to look to other states as models, such as Massachusetts. The Massachusetts health care plan includes a private insurance exchange and requires that businesses help pay for the system. The Maryland law would have required companies with more than 10,000 employees to spend at least eight percent on employee health care, or pay the difference of that amount into the state Medicaid fund. The Retail Industry Leaders Association (RILA), of which Wal-Mart is a member, filed a challenge to the health care law last year, arguing that the law is preempted by the federal ERISA, and that the law violates the equal protection clause of the constitution. |
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