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Wis. justices to argue over expenses
Lawyer Blog News | 2011/01/31 10:57

The state Supreme Court's conservative and liberal factions are set to clash over travel reimbursements and court finances.

The court's seven justices are set to meet on Monday morning. On the agenda is Justice Pat Roggensack's request for state reimbursement for traveling around the state for a personal project and questions about why Chief Justice Shirley Abrahamson hired two executive assistants when the court's budget calls for one.

Roggensack says her project on racial disparities in sentencing falls is both personal and court related. Abrahamson contends the two assistants split their time.

Tensions have run high on the court since conservative-leaning justices gained a majority in 2008, leaving liberal-leaning Abrahamson and another justice in the minority.



Prosecutors want judge to question Roger Clemens
Lawyer Blog News | 2011/01/28 17:53

The Justice Department asked a federal judge on Thursday to question star pitcher Roger Clemens about his knowledge of a potential conflict of interest his attorney may have involving former teammate-turned-prosecution-witness Andy Pettitte.

Prosecutors filed a memo suggesting questions U.S. District Judge Reggie Walton should pose to Clemens and his attorneys at a hearing on the matter next Wednesday in federal court in Washington.

They say the judge should ask the seven-time Cy Young Award winner if he understands that lawyer Rusty Hardin has a potential conflict because he briefly advised Pettitte shortly before the release of a report in December 2007 that said both players had used human growth hormone. Prosecutors also want to make sure that Clemens' attorneys have not revealed to him any information regarding their representation of his former teammate and asked the judge to ensure that Clemens still wants Hardin and his Houston-based firm to represent him.

Clemens denies that he used any performance-enhancing drugs. Pettitte has admitted that he did and said Clemens admitted privately to him that he did as well.



No proof WikiLeaks breaking law, inquiry finds
Lawyer Blog News | 2011/01/26 10:14

A company asked by Visa to investigate WikiLeaks' finances found no proof the group's fundraising arm is breaking the law in its home base of Iceland. But Visa Europe Ltd. said Wednesday it would continue blocking donations to the secret-spilling site until it completes its own investigation. Company spokeswoman Amanda Kamin said she couldn't say when Visa's inquiry, now stretching into its eighth week, would be finished.

Visa was one of several American companies that cut its ties with WikiLeaks after it began publishing a massive trove of secret U.S. diplomatic memos late last year. U.S. officials have accused the site of putting its national security at risk -- a claim WikiLeaks says is an attempt to distract from the memos' embarrassing content.

When it announced its decision to suspend WikiLeaks donations on Dec. 8, Visa said it was awaiting an investigation into "the nature of its business and whether it contravenes Visa operating rules" -- though it did not go into details.

The Norway-based financial services company Teller AS, which Visa ordered to look into WikiLeaks and its fundraising body, the Sunshine Press, found no proof of any wrongdoing.



High court rules for prison victim of sex assault
Lawyer Blog News | 2011/01/24 16:24

The Supreme Court has reinstated a $625,000 judgment against Ohio prison officials who did nothing to prevent a guard's sexual assault of an inmate and then punished the victim.

The justices unanimously agreed Monday that a federal appeals court was wrong to throw out the award to Michelle Ortiz. Justice Ruth Bader Ginsburg said the 6th U.S. Circuit Court of Appeals had "no warrant" to override the jury's verdict.

Ortiz was serving 12 months at the Ohio Reformatory for Women in November 2002 when she reported that a male guard fondled her breasts and warned, "I'll get you tomorrow, watch." He did, returning when Ortiz was asleep to molest her again.



Wal-Mart vs. Civil War site: battle heads to court
Lawyer Blog News | 2011/01/23 16:25

Nearly 150 years after Robert E. Lee and Ulysses S. Grant fought in northern Virginia, a conflict over the battlefield is taking shape in a courtroom.

The dispute involves whether a Walmart should be built near the Civil War site, and the case pits preservationists and some residents of a rural northern Virginia town against the world's largest retailer and local officials who approved the Walmart Supercenter.

Both sides are scheduled to make arguments before a judge Tuesday.

The proposed Walmart is located near the site of the Battle of the Wilderness, which is viewed by historians as a critical turning point in the war. An estimated 185,000 Union and Confederate troops fought over three days in 1864, and 30,000 were killed, injured or went missing. The war ended 11 months later.

The 143,000-square-foot space planned by the Bentonville, Ark., retailer would be outside the limits of the protected national park where the core battlefield is located. The company has stressed the store would be within an area already dotted with retail locations, and in an area zoned for commercial use.

The Orange County Board of Supervisors in August 2009 approved the special use permit Wal-Mart needed to build, but the National Trust for Historic Preservation and residents who live within three miles of the site challenged the board's decision.



Pa. school district sued over truancy fines
Lawyer Blog News | 2011/01/21 12:11

A federal lawsuit accuses a Pennsylvania school district of imposing excessive and illegal fines on truant children or their families, including one parent ordered to pay $27,000 and a 17-year-old student fined more than $12,000.

The suit against the Lebanon School District, filed Thursday in Harrisburg by the Public Interest Law Center of Philadelphia on behalf of four parents and the National Association for the Advancement of Colored People, targets the court-imposed fines it says were above the state's limit of $300 per violation.

The suit seeks a class-action declaration and the return of any illegal money that the south-central Pennsylvania district collected. It also asks the court to stop the district from trying to collect any fines that violate state law and remain unpaid.

Superintendent Marianne Bartley has denied any wrongdoing by the district and referred calls Thursday to a lawyer. The lawyer, Rebecca Young, said that some of the law center's information in its public statements is inaccurate, but that she had not seen a copy of the lawsuit and could not comment on it.



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