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Court considers whether ex-sheriff targeted 2 men
Court Feed News | 2011/04/07 15:15

A federal appeals court is set to consider a lawsuit that claims that a former Forsyth County sheriff used his office to harass and intimidate them after they supported a referendum that would have reduced the office's powers.

The 11th Circuit Court of Appeals on Thursday is set to consider the lawsuit by Danny Bennett and Danny Reid, who claim they were targeted by ex-Sheriff Dennis Lee Hendrix after they supported a 1998 proposal to create a countywide police force.

A jury sided with the two, awarding Bennett $3.6 million and Reid $3.1 million after Hendrix posted flyers that called the two men "convicted criminals" who terrorized the county.

Hendrix appealed the jury's decision. He says the two men don't have enough evidence to back up their claims.



France rules against children of surrogate mothers
Legal World News | 2011/04/07 11:19

France's top court refused Wednesday to allow French citizenship for 10-year-old twin girls born to a surrogate mother in the United States, in a ruling that affirmed France's legal ban on surrogacy.

In a case straddling international legal rights and bioethics, the Court of Cassation ruled a California county went too far by ruling that a French couple are legally the twins' parents.

The ruling exposes the legal limbo that many would-be parents find themselves in because of inconsistencies on surrogacy between countries like the United States, which legally recognizes it, and France, which does not.

Other countries, like Belgium, are largely silent on the subject, leaving the door open to different interpretations and leaving an international legal void in many cases.

Because Sylvie Mennesson was unable to bear children, she and her husband, Dominique, turned to a surrogate mother with his sperm and a donor's egg. The surrogate mother gave birth to the twins in California in 2000, and the girls have U.S. citizenship. Under California's surrogacy rights laws, San Diego County said the Mennessons were the girl's legal parents.

Wednesday's ruling follows a lower court's order that stripped the twins from France's civil registry. Being listed on the civil registry is a requirement for obtaining documents including identity cards or passports.



2 charged with insider trading involving law firms
Legal Career News | 2011/04/06 16:08

Federal authorities have charged two men with running an insider trading scheme that netted more than $30 million with information stolen from law firms.

Garrett Bauer is scheduled to appear in U.S. District Court in Newark, N.J., on Wednesday afternoon. Matthew Kluger will make his first appearance in federal court in Alexandria, Va.

They're accused of trading on inside information stolen from Wilson Sonsini Goodrich & Rosati, a law firm with offices in Washington, D.C., New York, San Francisco and Hong Kong.

Authorities also allege the decades-long scheme used information stolen from prominent New York law firms Cravath Swaine & Moore and Skadden, Arps, Slate, Meagher & Flom.



Split over union law reaches Wis. court race
Lawyer Blog News | 2011/04/06 16:07

The slim margin between Wisconsin Supreme Court Justice David Prosser and his challenger, JoAnne Kloppenburg, has grown slightly in favor of the incumbent as late election numbers are tallied.

But the race that reflected Wisconsin's fight over union rights is still too close to call Wednesday morning. With 99 percent of precincts reporting, conservative-leaning Prosser is leading Kloppenburg by 835 votes. Final, official results could vary and a recount appears likely.

The race highlights the divide in the state over Republican Gov. Scott Walker's collective bargaining law, which would strip public workers of nearly all their union rights. The issue, which could ultimately be decided by the state Supreme Court, has propelled the relatively unknown Kloppenburg into prominence and heightened voter interest in the election.



Louisiana to get $12M in Health Net case
Court Feed News | 2011/04/06 16:06

The Louisiana Supreme Court has ordered Health Net Inc., a major health maintenance organization, to cover more than $180 million in claims by consumers, health care providers and creditors in Louisiana, Oklahoma and Texas.

Louisiana Insurance Commissioner Jim Donelon told The Advocate that Louisiana will get the smallest portion of the payout.

"We have about $12 million coming to us to policyholders, providers and general creditors, meaning companies who sold them supplies or that rented them space," Donelon said.

Donelon said the unanimous ruling, issued Friday, will reimburse all of AmCare Louisiana HMO's members, providers, and creditors for any losses caused by Health Net's conduct.

Health Net sold health plans in the three states to AmCareco Inc. in 1999. In 2002, the troubled health plans were placed under state supervision. Each of the state's insurance departments sued AmCareco and Health Net, alleging fraud, negligence, conspiracy and breach of fiduciary duty.

In 2005, a state district court jury awarded the Texas plaintiffs around $100 million in damages. In 2005, a state judge in Baton Rouge issued similar verdicts against Health Net and awarded $30 million to the Louisiana and Oklahoma plaintiffs.




Texas death row inmate gets reprieve
Criminal Law Updates | 2011/04/06 12:04

The U.S. Supreme Court blocked the first scheduled execution of a Texas death row inmate using a new drug cocktail on Tuesday, although the proposed lethal mix was not mentioned in the court's decision to reconsider the merits of the condemned man's appeal.

Cleve Foster was to have been executed hours later for the 2002 slaying of a Sudanese woman in Fort Worth — the first Texas execution since the state switched to pentobarbital in its three-drug mixture. The sedative has already been used for executions in Oklahoma and Ohio.

On Tuesday morning, the high court agreed to reconsider its January order denying Foster's appeal that raised claims of innocence and poor legal help during his trial and early stages of his appeals.

Foster's lawyers also have argued that Texas prison officials violated administrative procedures last month when they announced the switch to pentobarbital from sodium thiopental, which is in short supply nationwide. Foster's lawyers contend that the rules change in Texas required more time for public comment and review. Lower courts have rejected their appeals and attorneys had planned to take their case to the Texas Supreme Court.



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