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Appeals court reverses Countrywide suit dismissal
Lawyer Blog News | 2011/05/20 15:36

An appeals court has overturned the dismissal of a class-action lawsuit brought by investors against mortgage giant Countrywide Financial Corp.

The move by a panel of the California 2nd District Court of Appeal reverses the decision by a Superior Court judge in Los Angeles last year. That court threw out the complaint on grounds that a state court had no jurisdiction to hear the case, citing the U.S. Securities Act.

In the ruling issued Wednesday, the appeals court disagreed, concluding such a complaint could be heard in state court.

The decision allows the case to proceed.

The investors claim Countrywide had false or misleading statements in documentation for the mortgage-backed securities that they bought from the lender between 2005 and 2007.



Ore. court rules medical pot users can have guns
Legal Career News | 2011/05/20 13:35

The Oregon Supreme Court unanimously ruled Thursday that a retired school bus driver can have her medical marijuana and a concealed handgun, too.

The ruling upheld previous decisions by the Oregon Court of Appeals and circuit court that determined a federal law barring criminals and drug addicts from buying firearms does not excuse sheriffs from issuing concealed weapons permits to people who hold medical marijuana cards and otherwise qualify.

"We hold that the Federal Gun Control Act does not pre-empt the state's concealed handgun licensing statute and, therefore, the sheriffs must issue (or renew) the requested licenses," Chief Justice Paul De Muniz wrote in the ruling issued in Salem.

Cynthia Willis, one of four plaintiffs, welcomed the ruling.

"I feel like a big girl now," Willis said. "I feel like a real human being now, not just a source of revenue to the county."

Leland Berger, the attorney representing Willis and other medical marijuana patients in the state, said the ruling was important in the continuing national debate over making marijuana legal to treat medical conditions.

"I am hopeful we will end cannabis prohibition the same way we ended alcohol prohibition, which was by refusing to enforce federal laws within the state," Berger said.



Ex-UK minister jailed over expenses claims
Legal World News | 2011/05/20 12:36

A London court sentenced a former government minister to 16 months in prison on Friday over the largest bogus claim exposed in Britain's lawmaker expenses scandal.

Elliot Morley pleaded guilty last month to two charges of false accounting over bills worth 32,000 pounds (nearly $52,000).

The 58-year-old former Labour Party politician claimed for mortgage payments on a loan that had already been paid off.

Justice John Saunders told Southwark Crown Court that Morley was guilty of "blatant dishonesty" and had "thrown away his good name and character."

In his verdict, Saunders said he was satisfied that "the excessive claims were made deliberately and are not explicable even in part by oversight."

The sentencing follows the 2009 disclosure of previously secret expense files that revealed how politicians had billed the public for items including swank second homes and pornographic movies.

Morley is the first former minister to be jailed for fiddling his expenses; three other former lawmakers received terms ranging from 12 to 18 months.

The case ended a political career spanning nearly 20 years. Morley, an environment minister in Tony Blair's government, chose not to run again for Parliament last year.



W.Va. court orders hearing over newspaper sources
Court Feed News | 2011/05/20 11:37
West Virginia's Supreme Court has ruled in favor of a newspaper in a dispute over confidential sources, but the decision will soon be eclipsed by a new state law barring disclosure of such sources in most cases.

The justices unanimously concluded earlier this month that Cabell County Circuit Judge Jane Hustead erred when she ordered the Lincoln Journal to reveal sources from a series of articles on Lincoln County's 2008 primary.

The Journal had reported on allegations that the publisher of a rival newspaper had funneled money through other individuals to a slate of candidates. Two of those contributors sued, alleging the series of articles were false and had defamed them.

The Supreme Court's May 2 ruling faulted Hustead for not following a standard set by a decision it issued in 1989. That standard says a reporter can't be compelled to reveal confidential sources "except upon a clear and specific showing that the information is highly material and relevant, necessary or critical to the maintenance of the claim, and not obtainable from other available sources."

Voiding Hustead's order, the justices required her to hold a hearing based on the 1989 standard. But while the Lincoln Journal's appeal was pending, the Legislature passed a law that replaces that standard.


IMF chief resigns, will make new bid for bail
Court Feed News | 2011/05/19 16:02
Hours after Dominique Strauss-Kahn resigned from his post as manager of the International Monetary Fund -- saying he felt compelled to focus his energy on the sexual assault charges he faces -- the French politician will try to get out of jail.

Behind bars on New York's Rikers Island since Monday, the beleaguered former IMF chief returned to a Manhattan courthouse Thursday to again ask for bail on charges he sexually assaulted a hotel maid -- a move seemed certain to face vigorous opposition by prosecutors.

Late Wednesday, Strauss-Kahn resigned as managing director of the International Monetary Fund, according to a letter released by its executive board.

In the letter, Strauss-Kahn denied the allegations but said he felt compelled to resign with "great sadness" because he was thinking of his family and also wanted to protect the IMF.

In court papers filed by his defense team Wednesday, Strauss-Kahn said he had surrendered his passport and wouldn't flee the country. His attorneys proposed posting $1 million cash bail and confining him to the home of his daughter, Camille, a Columbia University graduate student, 24 hours a day with electronic monitoring.


Head of Delaware business court joining law firm
Attorneys News | 2011/05/19 13:58
The head of Delaware's Court of Chancery, a key venue for matters of corporate law, is taking a job with a California-based law firm.

Chancellor William Chandler III will join Palo Alto-based Wilson Sonsini Goodrich & Rosati on June 18. He had announced in April that he was retiring from the bench.

In a statement released by the firm Thursday, Chandler said Wilson Sonsini has an outstanding legal practice and one of the most enviable client bases in the nation.

Chandler has served on the chancery court since 1989 and was appointed to the top post of chancellor in 1997.

He has presided over many high-profile cases, involving companies such as Walt Disney Co., Yahoo Inc., Microsoft Corp., News Corp., eBay Inc., Citigroup Inc., Hewlett-Packard Co. and Dow Chemical Co.


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