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Judge calls for clarity in Michigan's medical marijuana law
Lawyer Blog News |
2010/09/16 12:29
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A Michigan Court of Appeals judge urged lawmakers Wednesday to clarify the state's medical marijuana law, saying the "inartfully drafted" measure has resulted in confusion and arrests. Judge Peter O'Connell issued his call Wednesday in a 30-page opinion on an Oakland County case in which the court upheld marijuana possession charges against two Madison Heights residents. The judge said the law is so confusing that users "who proceed without due caution" could "lose both their property and their liberty."
The appeals court decision comes as Metro Detroit leaders struggle to interpret the law, which was intended to allow marijuana prescriptions for medical purposes. But O'Connell argued in his separate, concurring opinion that sections of the law contradict Public Health Codes that make possession and manufacture of the drug illegal.
Raids last month on clinics in Ferndale and Waterford Township resulted in arrests and the seizure of marijuana and medical records. A week later, Lapeer County Sheriff's deputies searched a medical marijuana dispensary in Dryden, confiscating marijuana and cash. "To me, our dilemma is magnified by the events of the last few weeks," said Berkley Mayor Marilyn Stephan, who is faced with the expiration in November of a 180-day municipal moratorium on the medical marijuana law. |
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Suit against imam of NY mosque due in court in NJ
Lawyer Blog News |
2010/09/15 10:02
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A dispute over whether an imam who plans to build a mosque near ground zero ignored safety hazards at property he owns in northern New Jersey is headed to court. Parties in the lawsuit against Feisal Abdul Rauf are scheduled to appear Wednesday in state Superior Court. A lawsuit filed by Union City claims Rauf ignored numerous code violations at two apartment buildings he owns. Union City is just across the Hudson River from New York and has about 70,000 residents. The lawsuit claims Rauf didn't fix 12 fire code violations the year before one building caught fire. It says parts of the other building have been without electricity, smoke detectors and fire alarms because Rauf's company didn't pay utility bills. A spokesman tells The Associated Press the imam won't comment on the lawsuit.
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Lego loses trademark challenge at top EU court
Lawyer Blog News |
2010/09/14 15:39
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Privately owned Danish toymaker Lego has lost a court battle to have its snap-together plastic bricks registered as an exclusive trademark in the European Union. Lego had argued that studs on top of the bricks made them highly distinctive and, thus, eligible for trademark rights. The Luxembourg-based European Union Court of Justice (ECJ) upheld a 2008 ruling by the General Court, which dismissed Lego's challenge to the decision by trademark agency OHIM. "Undertakings may not use trademark law in order to perpetuate, indefinitely, exclusive rights relating to technical solutions," it said. OHIM had repealed an earlier decision to grant trademark rights for Lego bricks after objections from Canadian toymaker Mega Brands Inc. Lego, whose name originates from the Danish words for "play well", is Europe's biggest toy manufacturer and competes with Mattel and Hasbro. Peter Kjaer, the head of Lego's intellectual property section, said. "It is naturally a matter of concern to us that use of the brick by others can dilute the trademark. But the worst aspect is that consumers will be misled."
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'Mini Madoff' Starr Pleads Guilty to $50 Million Fraud
Lawyer Blog News |
2010/09/13 20:09
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Financial adviser to the stars Kenneth I. Starr, Starr & Co. pled guilty before the U.S. District Court for the Southern District of New York Friday to ripping off $50 million from A-listers including Wesley Snipes, Sylvester Stallone, Uma Thurman, Nora Ephron and Al Pacino. The 66-year-old Starr told the judge he improperly used his clients' money for his own purposes. His attorney, Flora Edwards, told the court: "He's committed a horrendous error in judgement. This was truly a horrendous error. I don't think it was greed. He made a real bad mistake, and he's deeply sorry for it." The three counts that Starr pled guilty to - wire fraud, money laundering and adviser fraud - carry a sentence of up to 12 years. He still faces 20 additional counts and charges by the Securities and Exchange Commission. U.S. Attorney for Manhattan Preet Bharara said: "Kenneth Starr is a tale of fiction and fraud, in which he played the role of legitimate investment adviser to a cast of unsuspecting victims." When prosecutors arrested Starr on May 27, they found him hiding in a closet of his $7.5 million Upper East Side condominium, which the government has since seized. His sentencing is scheduled for Dec. 15. Starr's fourth wife, former Scores stripper Diane Passage, failed to show up for her husband's court appearance on Friday. Her lawyer, Giovanni DiStefano, told The New York Post Passage needed to look after her 12-year-old son. A recent Vanity Fair feature on Starr and his misdeeds paints the picture of a man who knew how to tell his celebrity clients what they wanted to hear about the far reaches of their wealth, and whose own personal greed continued to grow as he remarried.
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No more bets: WA court says online bookie illegal
Lawyer Blog News |
2010/09/03 11:29
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All bets are off at Betcha.com, a Seattle-based online bookmaker that couldn't skirt the state's gambling laws by making it optional for losing bettors to pay off wagers. In a unanimous ruling Thursday, the Washington state Supreme Court said Betcha.com qualified as an illegal bookie because it arranged bets and took a percentage of the action as a fee. Since that definition of professional gambling fits the company's activities, justices said they didn't have to decide whether optional payments by bettors would allow Betcha.com to technically escape the state's gambling restrictions. "Under the statutory definition of bookmaking, it is immaterial whether or not Betcha users were engaged in gambling activity," Justice Tom Chambers wrote for the court. In a blog post, Betcha.com founder Nicholas Jenkins said the court's reasoning "didn't pass the giggle test." "Never in a million years did I expect an opinion like this one," Jenkins wrote. "The court's error is so obvious that I wonder if a single justice even cracked our brief, let alone the Revised Code of Washington." Washington state allows some forms of non-tribal gambling, including cardrooms that offer poker, blackjack and other games with relatively low stakes. Online gambling and bookmaking fees, however, are specifically outlawed in the state. Internet gambling also is illegal on the federal level.
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Pharmacy measure in ND Supreme Court's hands
Lawyer Blog News |
2010/09/02 11:46
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Supporters of a voter initiative that could help bring cheaper prescription drugs to North Dakota are hoping a legal technicality won't keep them from getting the issue placed on the ballot. At issue is a state law that requires most pharmacies to have a pharmacist as their majority owner. Those who want it repealed say the change will allow large retailers such as Wal-Mart Stores Inc. and Walgreen Co. to sell cheaper prescription drugs from their own store pharmacies. Opponents fear the measure could drive rural pharmacies out of business. North Dakota is the only state in the nation with such a law, according to industry officials. It's not certain whether the voter initiative will land on the ballot. Petitions in support of the measure were circulated without a list of the proposal's sponsors, an apparent violation of the requirements in the state constitution. An attorney representing the supporters asked the state's Supreme Court on Wednesday to overlook what he called an honest mistake.
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