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High court to hear Arizona school case
Legal Career News | 2010/05/24 12:58

The Supreme Court says it will consider ending a lawsuit that challenges Arizona's tax breaks for donations for private school scholarships.

The court on Monday said it will hear an appeal filed by the state and supporters of the 13-year-old program that provides dollar-for-dollar income tax breaks for donations to school tuition organizations.

Some Arizona taxpayers challenged the program as unconstitutional because religious organizations award most of the scholarships and require children to enroll in religious schools. The suit says the program amounts to an unconstitutional state endorsement of religion.

The federal appeals court in San Francisco last year ruled that the lawsuit could proceed.

In 2002, the Supreme Court upheld school voucher programs. Supporters of the Arizona aid program say it is no different from the Cleveland program upheld in 2002 because in both cases, government does not direct any money to religious schools.



Judge says he'll stay suspensions if Vikes appeal
Legal Career News | 2010/05/22 22:53

A Minnesota judge ruled Friday that he will keep the suspensions of two Minnesota Vikings on hold if they follow through on their plan to file an appeal in their closely watched fight against the NFL's anti-drug policy.

An attorney for defensive tackles Kevin Williams and Pat Williams said he planned to file that appeal later Friday.

"As a matter of fairness and as a matter of law, we are convinced the NFL cannot and will not be allowed to suspend Kevin and Pat," attorney Peter Ginsberg said.

The NFL first tried to suspend the Williamses, who are not related, in 2008 after they tested positive for a banned diuretic that was in the StarCaps weight-loss supplement they were taking. The ingredient, bumetanide, can mask the presence of steroids. The Williamses were not accused of taking steroids and said they didn't know the diuretic was in the supplement.

The players sued the NFL in state court, saying it violated state labor law. Their four-game suspensions have been on hold while the case has been playing out in state and federal courts. The Williamses were allowed to play and they helped the Vikings reach the NFC title game in January.

Hennepin County District Court Judge Gary Larson ruled earlier this month that the NFL broke state law when it failed to notify the two players of their test results within the mandated three days. He said an NFL official played "a game of 'gotcha'" with them, but he also ruled the NFL could suspend the players because neither was harmed by the notification delay.



Professor given 3 1/2 years in China swingers case
Legal Career News | 2010/05/20 13:57

A college professor accused of organizing a swingers club and holding private orgies in China was sentenced to 3 1/2 years in prison, officials said, in a case that touched off national debate about sexual freedom.

Ma Yaohai, 53, was convicted and sentenced on charges of group licentiousness for participating in group sex parties, said an official from the Qinhuai District Court in southeastern Nanjing. The official, who declined to give his name, refused to answer further questions.

Ma, along with 21 other people, was arrested and charged last year — the first time anyone has been charged under a 1997 law in a case that has snagged huge public interest with its titillating details. It also generated debate about sexual freedom in a nation trying to reshape its own modern morality.

Ma's attorney Yao Yong'an said his client, who was the only one to plead innocent, plans to appeal the verdict.



Conn. official loses election lawsuit, ends AG bid
Legal Career News | 2010/05/19 15:57

Connecticut's secretary of state ended her bid for attorney general Tuesday, hours after losing a lawsuit she filed against her own office in an effort to prove that she is qualified to be the state's top prosecutor.

Democrat Susan Bysiewicz said in a statement she is tremendously disappointed with the state Supreme Court's unanimous decision that she is not legally qualified to hold the job now occupied by Richard Blumenthal. She said she strongly disagrees with the decision but that she respects the rule of law.

Connecticut law requires the attorney general to have worked 10 years as a lawyer. Bysiewicz had argued that her 11 years as secretary of the state and six years as a corporate lawyer in Connecticut should count.

Republicans maintain that Bysiewicz's tenure as secretary of the state should not count. A lower court had ruled that Bysiewicz had met the requirement. The state GOP then appealed to the state's highest court.



'Clark Rockefeller' appealing Mass. sentence
Legal Career News | 2010/05/18 11:02

A German man who called himself Clark Rockefeller and who spun fantastic stories about his past is appealing his sentence for kidnapping his 7-year-old daughter in Boston.

Christian Karl Gerhartsreiter is expected to appear before a tribunal in Suffolk Superior Court on Wednesday.

Gerhartsreiter was sentenced to four to five years in prison last year for kidnapping his daughter in 2008. They were found in Baltimore and the girl was unhurt.

Defense lawyers argued Gerhartsreiter was legally insane.

Gerhartsreiter used multiple aliases to move in wealthy circles in Boston, New York and Los Angeles after coming to the U.S. in the 1970s. At times, he claimed to be a physicist, an art collector, a ship captain and a financial adviser.



Appeals court grants Dish rare review of TiVo case
Legal Career News | 2010/05/16 15:31

A federal appeals court on Friday granted Dish Network Corp. a rare, full-court review of a ruling it had earlier lost to TiVo Inc., one that could have resulted in the satellite TV company disabling millions of digital video recorders.

Instead, the U.S. Court of Appeals for the Federal Circuit in Washington breathed new life into litigation that Dish has consistently lost to TiVo. Dish's decision to seek an "en banc" review was seen as CEO Charlie Ergen's last straw effort as damages mounted. Ergen had even believed that the appeals court was unlikely to grant it.

Shares of DVR pioneer TiVo fell by $6.52, or 37.5 percent, to $10.87 in midday trading. Dish rose by $1.22, or 5.6 percent, to $23.18.

But it's uncertain whether Dish will have eventual victory given that TiVo has prevailed in a series of other court rulings.

TiVo sued Dish in 2004 for patent infringement over a technology that stored and retrieved video on DVRs, which lets viewers pause, rewind and replay live TV. Dish lost the case on appeal, paid TiVo $104.6 million in damages and interest and was barred from using the technology.



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