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Court hears appeal from Anna Nicole Smith's estate
Court Feed News | 2011/01/18 13:04

The Supreme Court is preparing to hear arguments on whether Anna Nicole Smith's estate should get part of the fortune left behind by her elderly Texas billionaire husband.

Lawyers for the deceased former Playmate plan to tell justices Tuesday her estate deserves some of the $1.6 billion estate of her late husband, J. Howard Marshall.

Marshall's will left nearly all his money to his son, E. Pierce Marshall, and nothing to Smith, who said her husband of 14 months promised to leave her more than $300 million.

But a federal appeals court sided with a Houston jury that said Marshall was mentally fit when he left his estate to his son and nothing to Smith.



NYC landlord wants money from Lennon suit auction
Court Feed News | 2011/01/18 07:50

A New York City landlord has a message for the collector who recently sold the suit John Lennon wore on the cover of the Beatles' "Abbey Road" album: You never give me your money.

The seller's former landlord has sued the gallery that auctioned the late Beatle's suit for $46,000, trying to get at the proceeds to satisfy a rent debt.

Braswell Galleries was told before the Jan. 1 sale that a court had determined in 2009 that seller Biond Fury — a psychic and memorabilia collector — owed more than $21,000 in rent for his former Manhattan apartment, according to landlord Mark Arrow's lawsuit, filed Tuesday in a Manhattan state court. Arrow's lawyers say they told the Norwalk, Conn.-based gallery not to go through with the sale, and that the gallery should now have to fork over at least $21,463.

Arrow had been unable to collect the rent debt from Fury, but the prospects brightened when he learned of the coming auction from a newspaper report last month, said Arrow lawyer Adam Leitman Bailey.



Judges skeptical of detainee case against Rumsfeld
Court Feed News | 2011/01/15 08:49

A panel of federal appeals court judges expressed doubts Thursday that former Defense Secretary Donald H. Rumsfeld and three former military officers can be sued for allegedly allowing torture in U.S. military prisons in Iraq and Afghanistan.

In courtroom arguments, two of the three judges were skeptical that Rumsfeld and three U.S. military officials could face damage claims for exercising command responsibility over subordinates accused of torturing prisoners. Nine prisoners have filed suit.

"You are turning two centuries of Supreme Court jurisprudence on its ear," David Sentelle, the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit, told an attorney for the detainees.

Sentelle and Judge Harry Edwards suggested that the defendants should be immune from the suit because it wasn't clear that the U.S. Constitution applied overseas when the detainees say they were tortured.

Rumsfeld and the officers shouldn't be allowed to escape accountability, Cecillia Wang, an American Civil Liberties Union attorney for the prsioners, told the judges.

There is no question that Rumsfeld knew that permitting torture violates the U.S. Constitution and he should have to answer the accusations in the lawsuit, said Wang.



Judge orders Michael Jackson doctor to stand trial
Court Feed News | 2011/01/13 15:31

Dr. Conrad Murray, the physician who was demonized by Michael Jackson's family and fans, was ordered Tuesday to stand trial for involuntary manslaughter after court testimony showed he administered a powerful anesthetic and other sedatives then left the pop star alone.

The ruling set the stage for what could be the final chapter in the Jackson saga — a high-profile trial that will examine all aspects of the star's death and try to finally place responsibility for his demise at the age of 50.

Witnesses at the six-day preliminary hearing filled a number of gaps in the story of Jackson's final hours, with accounts of his actions and the sad plight of two of his children watching briefly as their father lay dying.

Other witnesses recounted Murray's claim that he delayed calling 911 for perhaps more than an hour while he tried to revive the singer. A security guard indicated that Murray seemed to be rushing to hide evidence before paramedics arrived.

Superior Court Judge Michael Pastor said the hearing included sufficient evidence to support a possible finding of guilt at trial. Murray's defense attorney Ed Chernoff and prosecutors declined comment on the ruling.



Guidant to appear in federal court for sentencing
Court Feed News | 2011/01/12 14:29

Boston Scientific Corp.'s Guidant unit hopes to end a criminal case accusing it of failing to properly disclose changes made to some implantable heart devices when it appears in court Wednesday.

Guidant pleaded guilty last spring, but U.S. District Judge Donovan Frank rejected the deal because it didn't call for probation. Instead, the company agreed to pay $296 million in fines and forfeiture fees in what prosecutors said was the largest criminal penalty against a medical device company.

Guidant is accused of falsely reporting a change it made to one device in 2002 and failing to report a change it made to another in 2005 — leaving doctors and patients unaware of potentially dangerous problems. The company pleaded guilty to two misdemeanors: submitting a false and misleading report to the Federal Drug Administration about one defibrillator model and failing to notify regulators about a safety correction to another line of devices.

In rejecting the deal, Frank asked for more information about the company's compliance programs and community service. His options Wednesday include approving the agreement, imposing a different fine or requiring more supervision of the company.

In a document filed last week, defense attorney Daniel Scott wrote that Guidant had improved its compliance policies since 2005 and upgraded them further after Indianapolis-based Guidant was acquired by Natick, Mass.-based Boston Scientific in 2006.



Kuwaiti-born man due damages in arrest
Court Feed News | 2011/01/10 21:08

A federal court has ruled that a Kuwaiti-born man may collect monetary damages from the city of Honolulu following claims that he was arrested based on unjustified suspicions of terrorism.

The 9th U.S. Circuit Court of Appeals in San Francisco refused to reconsider the case last week and ordered the U.S. District Court in Honolulu to determine the amount of damages that the city owes Mansour Arekat. A three-judge panel had ruled 2-1 in November that Arekat's civil rights were violated.

Arekat, 45, was arrested in 2003 without a warrant under a state mental health law allowing people to be taken into custody if they're deemed to be imminently dangerous, the Honolulu Star-Advertiser reported Monday.

Arekat's attorney, Eric Seitz, said Honolulu police used the mental health law to detain Arekat for seven or eight hours before he was released without charges.

Seitz said Honolulu police officer Letha DeCaires suspected that Arekat might be a terrorist because he came from the Middle East. Also, a former employee at Arekat's security firm told DeCaires that Arekat was associated with terrorism and had model airplanes at his apartment that resembled airliners hijacked in the Sept. 11, 2001, attacks.



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