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Conn. high court rules prisoners can be force-fed
Court Feed News |
2012/03/06 13:30
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Connecticut prison inmates who go on hunger strikes can be restrained and force-fed to protect them from life-threatening dehydration and malnutrition, the state Supreme Court ruled Monday.
The 7-0 decision came in the case of 51-year-old prisoner William Coleman, a Liverpool, England, native who stopped eating in September 2007 to protest his conviction on what he claimed was a fabricated rape charge by his ex-wife. The court rejected Coleman's claims that force-feeding violated his free speech rights and international law.
Coleman's weight dropped from 237 pounds to 129 pounds by October 2008, and a prison doctor who believed Coleman was at risk of dying or developing irreversible health problems determined it was necessary to force-feed him by inserting a feeding tube through his nose and into his stomach.
The first of what Coleman's lawyers say was about a dozen forced feedings was performed on Oct. 23, 2008, after prison officials had obtained permanent authority to force-feed him after a trial in Superior Court. Coleman appealed the Superior Court judge's ruling to the Supreme Court.
Coleman resumed taking liquid nutrition voluntarily in late 2008 and returned to a normal weight, court records say, but the American Civil Liberties Union of Connecticut says he went back on the hunger strike last week. |
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Supreme Court: Inmate cannot change court-appointed lawyer
Legal Career News |
2012/03/05 17:11
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The Supreme Court says a death row inmate can't change his court-appointed appeals lawyer because he didn't like the lawyer's defense tactics.
The justices on Monday turned away the appeal from Kenneth Clair, who was sentenced to death in California in 1987 for burglary and murder.
Clair wanted to change his federal public defender in 2005 because he says they were trying to stop his execution instead of trying to prove his innocence. A federal judge denied his request but the 9th U.S. Circuit Court of Appeals overturned that decision.
The justices ruled unanimously that the appeals court's decision was incorrect
Justice Elena Kagan wrote that Clair's request came just as a judge was about to make a final ruling so any change would have been too late. |
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Bankruptcy threat to iPad trademark challenger
Business Law Info |
2012/03/05 17:11
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A major creditor of Proview Electronics, which is challenging Apple Inc.'s use of the iPad trademark, has moved to have the ailing computer monitor maker liquidated, reports said Monday.
Taiwan-based Fubon Insurance is seeking $8.68 million in debts and has filed an application to have Proview declared bankrupt, the reports by the Xinhua News Agency and other mainland media said.
Proview's mainland Chinese subsidiary is based in the southern export zone of Shenzhen, where an official at the city's Intermediate Court said he expected an announcement regarding the case soon.
"It's a sensitive case in a sensitive period of time, so we won't comment or release information while we will have an announcement in the near future," said the official who gave only his surname, Zhu.
Proview lawyer Ma Dongxiao said the company believes its financial problems won't affect the handling of a court case in which Apple is appealing a ruling against its claim to the iPad trademark in China. |
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US Court rules against Helm in suit over ad
Court Feed News |
2012/03/02 17:14
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A New York court says Levon Helm long ago signed away rights that let an advertising agency use the song "The Weight" in a cellphone commercial.
The Band's former drummer and singer sued ad agency BBDO Worldwide Inc. in 2004. An appeals court ruled against him Thursday.
Helm sued after the 1968 classic cropped up in an ad for what was then Cingular Wireless. He said he didn't approve that use.
But the appeals court says the recording contract surrounding the song gave a record label permission to license it to the agency.
Helm lawyer John O'Neill says the contract only gave the label permission to promote the music itself. BBDO's lawyer didn't immediately return a call seeking comment. |
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Glancy Binkow & Goldberg LLP Announces Class Action
Class Action News |
2012/03/02 17:14
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Glancy Binkow & Goldberg LLP announces that a class action lawsuit has been filed in the United States District Court for the Southern District of New York, on behalf of purchasers of CNOOC Limited American Depositary Shares between January 27, 2011 and September 16, 2011, inclusive, seeking to pursue remedies under the Securities Exchange Act of 1934. CNOOC, through its subsidiaries, engages in the exploration, development, production and sale of crude oil, natural gas and other petroleum products. The Company owns oil and natural gas properties in Asia, Oceania, Africa, the Americas and offshore China – including the Penglai 19-3 (“PL19-3”) oilfield situated in northern China’s Bohai Bay.
The Complaint alleges that defendants misrepresented or failed to disclose material adverse facts about the Company’s business and financial results, including that: (i) the Company was not in compliance with environmental laws and regulations; (ii) the Company concealed the extent and severity of oil spills that occurred at the PL19-3 oilfield in June 2011; (iii) as news of the oil spills emerged, the Company downplayed its responsibility to effect the cleanup of the oil spills, portrayed itself as being the “non-operator” of the oilfield and, moreover, hindered the cleanup by requiring the operator of the oilfield to use a CNOOC-affiliated company for the cleanup; (iv) the Company improperly accounted for its contingent liabilities in violation of Generally Accepted Accounting Principles (“GAAP”); and (v), based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company’s operations and its expected oil production.
No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased the ADSs of CNOOC between January 27, 2011 and September 16, 2011, you have certain rights, and have until April 29, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent class member.
www.glancylaw.com |
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Federal court orders May 29 primary date for Texas
Legal Career News |
2012/03/02 17:13
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The federal court in San Antonio has ordered Texas to hold its primary elections on May 29, resolving for now one of the biggest issues in the state's redistricting battles.
The three-judge panel issued the election schedule two days after releasing political maps for Texas to use in the 2012 election. Legal disputes over the maps for congressional and House districts have kept Texas from holding elections.
In the primary schedule released Thursday, the filing period for candidates reopens Friday and closes March 9.
While the court order clarifies the election schedule, some minority groups complain that the election maps are unfair and still are seeking changes. |
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