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Minn. appeals court upholds $1M U verdict
Lawyer Blog News |
2011/10/18 17:26
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The Minnesota Court of Appeals has upheld a $1 million civil verdict against the University of Minnesota and men's basketball coach Tubby Smith, denying their request for a new trial.
The ruling Monday says the school must pay $1 million to Jimmy Williams, a former Oklahoma State assistant coach who quit in 2007 because he believed Smith had offered him an assistant coaching job. The offer was apparently withdrawn after the university's athletic director discovered Williams had NCAA recruiting violations in his past.
Last year, a Hennepin County jury found Smith misrepresented his authority by offering Williams the post. A district court judge later reduced the jury's award to Williams from $1.25 million to $1 million. The state Appeals Court also denied Williams' request to reinstate the initial jury award. |
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Top Europe court bans stem cell technique patents
Legal Career News |
2011/10/18 17:25
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The European Union's top court ruled Tuesday that scientists cannot patent stem cell techniques that use human embryos for research purposes, a ruling some scientists said threatens important research since no one could profit from it.
The European Court of Justice in Luxembourg said the law protects human embryos from any use that could undermine human dignity.
Embryonic stem cells can develop into any type of cell in the body, which one day might be used to replace damaged tissue from ailments such as heart disease, Parkinson's and stroke. But using stem cells from embryos has been controversial — opposed by some groups for religious and moral reasons.
Despite such concerns, there are no such restrictions on obtaining patents on stem cell techniques in the U.S. and many other countries.
The European ruling centered on the case of Oliver Bruestle at the University of Bonn, who filed a patent on a technique to turn embryonic stem cells into nerve cells in 1997. Greenpeace filed a challenge to Bruestle's patent, arguing that it allows human embryos to be exploited.
The court said patents would be allowed if they involved therapeutic or diagnostic techniques that are useful to the embryo itself, like correcting defects. |
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Arpaio to testify about failed investigations
Court Feed News |
2011/10/18 17:24
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The self-proclaimed toughest sheriff in America will appear in court Tuesday to testify about his failed corruption investigations against three public officials who claim the cases were trumped up.
Maricopa County Sheriff Joe Arpaio will testify at an ally's attorney discipline hearing at a time when a federal grand jury is investigating abuse-of-power allegations against him and the U.S. Justice Department is conducting a civil rights investigation of his immigration patrols.
The politically powerful sheriff, who is being courted by four Republican presidential hopefuls for his endorsement, will testify at former Maricopa County Attorney Andrew Thomas' attorney discipline hearing.
Arpaio wouldn't face any punishment if Thomas is found to have violated ethical rules, but the hearing could provide the first official comment from the state's legal establishment on whether the investigations were valid.
Lawyers pressing the discipline case said that the officials, judges and attorneys who crossed Arpaio and Thomas in political disputes were often targeted for investigations and, in some cases, were criminally charged. |
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US House group files motion in gay marriage suit
Legal Career News |
2011/10/17 16:19
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Gays and lesbians are not entitled to the same heightened legal protection and scrutiny against discrimination as racial minorities and women in part because they are far from politically powerless and have ample ability to influence lawmakers, lawyers for a U.S. House of Representatives group said in a federal court filing.
The filing Friday in San Francisco's U.S. District Court comes in a lesbian federal employee's lawsuit that claims the government wrongly denied health insurance coverage to her same-sex spouse. Karen Golinski says the law under which her spouse was denied benefits — the Defense of Marriage Act — violates the U.S. Constitution's guarantee of equal protection.
But attorneys representing the House's Bipartisan Legal Advisory Group counter that DOMA is subject to a lower level of court scrutiny because gays and lesbians don't meet the legal criteria for groups who receive heightened protection from discrimination. Under that lower standard, DOMA is constitutional, they argue. |
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Brower Piven Announces Investigation of El Paso Corp.
Law Firm News |
2011/10/17 16:18
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The law firm of Brower Piven, A Professional Corporation, has commenced an investigation into possible breaches of fiduciary duty to current shareholders of El Paso Corporation and other violations of state law by the Board of Directors of El Paso relating to the proposed acquisition of the company by Kinder Morgan, Inc. The firm’s investigation seeks to determine whether El Paso’s Board breached its fiduciary duties by, among other things, failing to maximize shareholder value.
On October 16, 2011, El Paso and KMI jointly announced that they have entered into a definitive merger agreement whereby KMI will acquire all outstanding shares of El Paso for $26.87 per share based on the closing prices of each of the companies on October 14, 2011. The joint press release stated that the agreement provides that El Paso shareholders will receive for each of their shares $14.65 in cash plus 0.4187 KMI shares and 0.640 KMI warrants with a five-year term exercisable at $40.00 per share.
According to the joint press release, while under all circumstances El Paso shareholders will receive 0.640 KMI warrants per El Paso share held, subject to proration, El Paso shareholders will be able to elect, for each El Paso share held, either (i) $25.91 in cash, (ii) 0.9635 shares of KMI common stock, or (iii) $14.65 in cash plus 0.4187 shares of KMI common stock. According to the joint release, El Paso’s board, two members of which will join the KMI board after the transaction closes, has agreed not to solicit competing transactions. Further, under certain circumstances, according to the companies, KMI will receive a termination fee of $650 million, or over $0.90 per El Paso share, from El Paso. According to Yahoo! Finance, at least one analyst has set a price target for El Paso of $28 per share.
If you own El Paso common stock and would like to learn more about the investigation being conducted by Brower Piven, you may email or call Brower Piven, who will, without obligation or cost to you, attempt to answer your questions. You may contact Brower Piven by email at hoffman@browerpiven.com, by calling 410/415-6616, or at Brower Piven, A Professional Corporation, 1925 Old Valley Road, Stevenson, Maryland 21153.
Attorneys at Brower Piven have combined experience litigating securities and other class action cases of over 60 years.
hoffman@browerpiven.com |
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High court to rule on Stolen Valor Act
Criminal Law Updates |
2011/10/17 12:20
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The Supreme Court will decide whether a law making it a crime to lie about having received military medals is constitutional.
The justices said Monday they will consider the validity of the Stolen Valor Act, which passed Congress with overwhelming support in 2006. The federal appeals court in California struck down the law on free speech grounds and appeals courts in Colorado, Georgia and Missouri are considering similar cases.
The Obama administration is arguing that the law is reasonable because it only applies to instances in which the speaker intends to portray himself as a medal recipient. Previous high court rulings also have limited First Amendment protection for false statements.
The court almost always reviews lower court rulings that hold federal laws unconstitutional.
The case concerns the government's prosecution of Xavier Alvarez of Pomona, Calif. A member of the local water district board, Alvarez said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration. In fact, he had never served in the military. |
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