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Nevada federal judge to hear Reno billboard law challenge
Headline News | 2011/08/08 15:32
A Nevada federal judge is set to hear arguments in a lawsuit challenging the city of Reno's billboard law.

The Reno Gazette Journal reports the lawsuit contends the ordinance is unconstitutional because it caps the number of billboards at about 275. A voter-approved initiative set the cap in 2000.

Jeffrey Herson sued the city in June after he was denied a billboard permit. Herson wanted the billboard so he could promote a recall of Senate Majority Leader Harry Reid, D-Nev.

Judge Larry R. Hicks set a hearing for Wednesday in Reno's U.S. District Court.

In court papers Herson's attorneys contend the law favors commercial speech because it allows new signs for businesses, but bars new signs along city freeways — known as off-premise signs — for non-commercial purposes.

"It is unconstitutional for Reno to require only some non-commercial speakers to obtain permits, while others have carte blanche to post signs as they please," Reno attorney Frank Gilmore, who represents Herson, wrote in court papers. "This fundamental flaw in Reno's permitting process dooms the entire sign ordinance."

City attorneys say the rules only regulate the physical nature of the signs, not the message. They contend Herson could ask a business owner to post a non-commercial message and that there is no special treatment for commercial speech over another.


Phone hack lawsuits loom, foam attack sentence cut
Headline News | 2011/08/05 16:04
Several alleged victims of tabloid phone hacking in Britain will soon file lawsuits against a second newspaper group, Piers Morgan's former employer Trinity Mirror PLC, their lawyer said Friday.

Mark Lewis said the claims would be filed in "a few weeks," but would not disclose identities of his clients or say precisely when the papers would be presented at court.

Lewis represents the family of Milly Dowler, a 13-year-old girl abducted and murdered by a pedophile in 2002. The revelation a month ago that her voicemail messages had been accessed by the News of the World tabloid while she was still missing outraged British opinion, and triggered a crisis for Rupert Murdoch's News Corp.

The phone hacking scandal centers on allegations that journalists eavesdropped on private phone messages, bribed police for information and hacked email accounts.

So far the crisis has centered on Murdoch's media empire, leading him to shut down the News of the World and abandon a bid to take over British Sky Broadcasting. Several former executives of the newspaper have been arrested by police investigating the eavesdropping.

But there have also been allegations of hacking by other newspapers. This week Paul McCartney's ex-wife, Heather Mills, claimed in a BBC interview that she was hacked by a Trinity Mirror journalist in 2001.


Buffalo city lawmakers irked by law firm's TV ad
Headline News | 2011/08/03 12:25
Some city lawmakers in Buffalo want a local law firm to stop running a television commercial that was filmed inside the Common Council Chambers.

The Buffalo News reports that the ads touting the Cellino and Barns law firm were filmed in the chambers on a Saturday in June after the building was closed to the public. The city prohibits commercials from being filmed in City Hall.

Common Council President David Franczyk says he never was informed of any plans to film a commercial in the ornate chamber. Majority Leader Richard Fontana told the newspaper he wants the firm to stop running the ads.

The firm's chief operating officer says they'll continue airing the commercial, which was shot while a filmmaker was inside the building shooting scenes for a movie about Buffalo.


Layoffs loom in Ala. court clerks' offices
Headline News | 2011/08/01 15:37
A month-long notice has begun for massive layoffs in state court clerks' offices.

The Birmingham News reports that court officials say about one-third of the 750 employees in clerks' offices statewide will be laid off effective Aug. 31.

The officials say the layoffs are timed so the 255 workers will be off the state payroll before the court system's new, leaner budget takes effect Oct. 1.

The Jefferson County clerk's offices, which handle more than 75,000 filings per year, will be down to 48 full-time clerks and three temporary workers after the layoffs.

Chief Justice Sue Bell Cobb has ordered clerks' offices statewide to be closed to the public for 10 hours weekly starting in August to give the workers time to catch up on processing court documents.


Dismissal upheld in Ashland suit vs. Oppenheimer
Headline News | 2011/07/29 15:34

A Kentucky-based chemical company cannot prove that its investment broker knew in advance that a securities market would collapse in early 2008, leaving the company with $194 million in investments that couldn't easily be sold, a federal appeals court ruled Thursday.

A three-judge panel from the U.S. 6th Circuit Court of Appeals found that Ashland Inc. couldn't show that New York-based Oppenheimer & Co. lured the company into continuing to buy auction rate securities while hiding knowledge about an impending market implosion.

"At best, the alleged facts suggests that a few Oppenheimer employees were aware of what might happen if the underwriters left the ARS market, a seemingly remote risk, given its past stability," Judge Deborah Cook wrote for the unanimous panel.

The decision upholds a ruling in 2010 by U.S. District Judge Jennifer Coffman rejecting Ashland's claims. Ashland sued Oppenheimer in 2009, accusing the brokerage firm of providing intentionally misleading information about the market for student loan-backed auction rate securities up until the market went under in February 2008.

Auction rate securities are long-term bonds with interest rates periodically reset through recurring auctions, which are commonly held between on a schedule ranging from seven to 35 days. Investors can sell their securities at each auction, provided buyers outnumber sellers. If there are more sellers than buyers, an auction fails, potentially leaving sellers holding the securities.



Man executed in Delaware for killing woman with ax
Headline News | 2011/07/29 11:33

Delaware carried out its first execution since 2005 early Friday, putting to death a man who was convicted of killing a woman with an ax during a burglary nearly two decades ago.

Robert Jackson III was pronounced dead at 12:12 a.m. after being given a lethal injection at the James T. Vaughn Correctional Center in Smyrna.

Jackson, 38, lifted his head when asked for his last words shortly after midnight. Searching the window between the execution chamber and witnesses, he asked if the two children of the victim, Elizabeth Girardi, were watching.

"Are the Girardis in there? Christopher and Claudia, if you are in there, I've never faulted you for your anger. I would have been mad myself," he said, going on to deny he killed their mother.

He suggested that his accomplice in the burglary, Anthony Lachette, was the killer.

"Tony's laughing his ass off right now because you're about to watch an innocent man die. This isn't justice," he said before putting his head back down and closing his eyes.

When the execution began, Jackson started making a snoring sound, his lips sputtered and his breath began to quicken. Prison officials closed the curtain between the execution chamber and witnesses after about four minutes to check whether he was conscious, calling out twice, "Inmate Jackson, can you hear me?" There was no response.



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