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Court: AG must go to court to probe nat'l banks
Lawyer Blog News | 2009/06/29 10:34
The Supreme Court says state attorneys general can't issue their own subpoenas in investigations against national banks. However, the high court in a decision on Monday said that an attorney general can get a court to issue subpoenas in an investigation into those financial institutions.

The state of New York wanted the Supreme Court to overturn a federal appeals court decision that blocks states from investigating the lending practices of national banks with branches within its borders. It was supported by the other 49 states.



Legal, insurance fees mounting for Metro
Lawyer Blog News | 2009/06/26 15:23

The deadly Metro crash that killed nine people and injured more than 70 is already having a financial effect on the transit system, with legal fees and insurance premiums mounting.

The first of what is expected to be many lawsuits was filed two days after Monday’s crash, with the parents of 15-year-old Davonne Flanagan, who broke a leg, seeking $950,000 from the transit system because of what the suit called its negligence in maintenance and personnel training.

Washington-area lawyers say they have been contacted about representing other victims, and warn there’s no ceiling for the coming onslaught of claims.

“At a minimum, for each of the decedents there will be a nexus of $1 million a piece on them - and that’s conservative,” said lawyer Manuel R. Geraldo, who has been practicing law locally for 30 years.

The District, where the crash occurred, has no cap on damages for personal injury cases, making the cases potentially costly, said Frank Kearney, a D.C. lawyer. Had the crash occurred just a short distance away in Maryland, he said, Metro’s liability in the personal injury cases would be capped at $200,000.

Once the Metro cases go to court, District judges must decide whether Metro is liable and how much money plaintiffs deserve.

“It clearly looks like liability will not be in dispute,” Geraldo said. “The argument is going to be over the nature and extent of the injuries.”

But Robert Enderle, a lawyer with Aschcraft & Gerel, said that if it turned out that faulty equipment was to blame for the crash, the Washington Metropolitan Area Transit Authority could try to blame its manufacturers.

Such lawsuits are typically covered by insurance coverage. But Metro’s board learned Thursday the transit system’s insurance policy was set to expire at midnight Tuesday. Normally the agency would have been able to renew the policy with set costs, but Chief Financial Officer Carol Kissal said the crash would end those rates and bring on higher but yet to be determined insurance premiums.



Supremacist blogger accused of threatening judges
Lawyer Blog News | 2009/06/25 15:20
A white supremacist blogger was arrested at his New Jersey home Wednesday and charged with threatening to assault or murder three Chicago-based judges who refused to overturn local ordinances banning handguns.

Hal Turner, 47, a former Internet radio talk show host, was taken into custody by FBI agents who went to his North Bergen home with a search warrant, according to the U.S. attorney's office.

Prosecutors quoted a Turner Internet posting as saying: "Let me be the first to say this plainly: These judges deserve to be killed."

The posting included a map showing the Everett Dirksen Federal Courthouse, where the three judges are based. It said a map showing the judges' homes would later be added.

The posting also referred to the murder of the mother and husband of Chicago-based federal Judge Joan Humphrey Lefkow in February 2005 — a crime that sent shock waves across the nation.

"Apparently, the 7th U.S. Circuit Court didn't get the hint after those killings," the posting said. "It appears another lesson is needed."

U.S. Attorney Patrick J. Fitzgerald announced the arrest, stressing the importance federal officials placed on the case.



US Supreme Court issues first ruling to limit Voting Rights Act
Lawyer Blog News | 2009/06/24 16:14

The 8-1 ruling by the US Supreme Court Monday on the Voting Rights Act has been greeted with a mixture of relief and praise from many civil rights groups and liberal commentators. “It’s fair to say this case was brought to tear the heart out of the Voting Rights Act, and today that effort failed,” said Debo Adegbile, lead attorney for the NAACP Legal Defense and Educational Fund.

But a closer examination of the decision and the political context in which it was made reveals that the court has opened the door to gutting the most fundamental US civil rights law, whose passage in 1965 marked a watershed in the struggle against institutionalized racial discrimination.

In Northwest Austin Municipal Utility District Number One v. Holder, a local utility district in Austin, Texas sued the federal government over the constitutionality of Section 5 of the Voting Rights Act, which requires that certain state and local government units apply to the US Department of Justice for “preclearance” before they make any changes in their election rules, including changes in voter registration procedures and electoral district boundaries.

The 1965 law specified nine states and parts of several others, including most of the former Confederacy: Texas, Louisiana, Mississippi, Alabama, Georgia, South Carolina and most of Virginia. Alaska, Arizona and portions of Florida, North Carolina, Michigan, New Hampshire, South Dakota and New York City are also affected, most of the latter because of discrimination against Hispanic and Native American voters. Including all their counties, cities, school districts, utility districts and other governmental entities, a total of some 17,000 jurisdictions are subject to preclearance.



Judge strikes down NYC's green-cab incentive
Lawyer Blog News | 2009/06/23 15:37
A judge on Monday rejected the city's latest maneuver to force taxicab owners to buy fuel-efficient hybrids, the second time in eight months he deemed such rules to be pre-empted by federal laws.

Under the rules rejected by U.S. District Judge Paul A. Crotty, companies that own fuel-saving cabs would have been allowed to charge drivers slightly higher rental rates; companies with gas-hungry vehicles would see their rates decrease over a two-year period.

In October, Crotty rejected for the same reason other rules the city had devised to try to force the fleet of yellow cabs to go green by 2012. Those rules would have required new cabs to be fuel efficient.

The judge praised the city's intent but said efforts to encourage the purchase of hybrid vehicles must be careful not to interfere with Congress' exclusive jurisdiction over laws related to mileage or emission standards.

"The court's purpose is not to interfere with government officials taking actions in the public interest," he wrote. "Increasing the number of hybrid taxicabs is an appropriate and important governmental priority."

The judge noted there were no legal challenges to decisions by the city to issue new taxi medallions only to hybrid vehicles or to allow hybrid cabs to stay in service longer.

Michael A. Cardozo, head of the city's law department, said the city was disappointed.

"We do not believe that Congress intended to prohibit local governments from implementing incentive programs ... that encourage the purchase of environmentally friendly taxis. We are exploring our legal options," he said in a statement.



Court to rule on federal sex offenders law
Lawyer Blog News | 2009/06/22 15:18
The Supreme Court will decide the constitutionality of a federal law that permits sex offenders to be kept behind bars after they complete their prison terms.


The justices, acting Monday, say they will consider the Obama administration's appeal of a lower court ruling that invalidated the law.

The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled in January that Congress overstepped its authority when it enacted a law allowing for indefinite commitment of people who are considered "sexually dangerous."

In April, Chief Justice John Roberts granted an administration request to block the release of up to 77 inmates at a federal prison in North Carolina. These were people whose prison terms for sex offenses were ending. The justice's order was designed to allow time for the high court to consider the administration's appeal.

The challenge to the law was brought by four men who served prison terms ranging from three to eight years for possession of child pornography or sexual abuse of a minor. Their confinement was supposed to end more than two years ago, but the government determined that there would be a risk of sexually violent conduct or child molestation if they were released.

A fifth man who also was part of the legal challenge was charged with child sex abuse, but declared incompetent to stand trial.



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