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Ohioan is among 1st jurors at old, new courthouses
Legal Career News | 2011/06/09 11:52

An Ohio woman called to jury duty on the first day at a new county courthouse this week also was on the first jury at the old court building when it opened in 1973.

Jury commissioner Gretchen Roberts in Columbus says 64-year-old Mary Evans beat odds that are "pretty astronomical." Registered voters are randomly picked by computer for jury service on given dates.

Evans, of suburban Grove City, tells The Columbus Dispatch that it was "kind of cool" that she inaugurated both Franklin County Common Pleas Courthouses.

She says each struck her as an impressive reflection of its time.

Evans was seated Monday on a jury for a domestic violence case when the new, $105 million courthouse opened. In 1973, she served on juries for rape and theft cases.



Court: Career criminal won't get less prison time
Legal Career News | 2011/06/06 16:28
The Supreme Court says a career criminal cannot get his sentence reduced because of a change in drug-crime penalties in North Carolina.

The high court on Monday turned away an appeal by Clifton McNeill, who pleaded guilty to gun and drug possession in 2008.

Lower courts increased his sentence under the Armed Career Criminal Act since he had previous drug and robbery convictions. But McNeill argued that his cocaine possession and intent to sell sentences shouldn't count because North Carolina had reduced the penalty for drug crimes since his conviction.

The Supreme Court unanimously ruled that those crimes still counted, since they were committed before the penalties were reduced.


NY court weighs immunity claim in '93 WTC bombing
Legal Career News | 2011/06/02 10:12

The agency that owned and operated the World Trade Center urged the state's top court Wednesday to reject remaining negligence claims for the 1993 bombing by terrorists who detonated a van of explosives in the public garage beneath its twin towers, killing 6 people and injuring about 1,000.

In lawsuits citing security concerns since 1984, a jury found that the Port Authority of New York and New Jersey failed as a landlord to maintain reasonably safe premises and was 68 percent at fault, blaming the terrorists for the other 32 percent. A midlevel court upheld the verdict.

In arguments Wednesday, attorney Richard Rothman said the Court of Appeals should uphold the Port Authority's claims of governmental immunity for its counter-terrorism measures against what was an unprecedented event, a foreign terrorist attack on the U.S. In court papers, he noted that the FBI building in Washington, D.C., and the New York Police Department headquarters and the United Nations building, both in Manhattan, all had unrestricted underground parking at that time against what was regarded as a relatively low-level threat.

Rothman said the 110-story towers housed offices for the governor and several state and federal agencies, and the Port Authority was doing security assessments across its network, including airports. "Treating the Port Authority as just another landlord ... is directly contrary to the statutes under which the World Trade Center was created," he said.

Even if regarded under the law as a commercial landlord, Rothman argued it was likewise undisputed that authority officials had many high-level meetings about security and were in touch with federal authorities before the bombing. The twin towers were destroyed on Sept. 11, 2001, when jetliners hijacked by terrorists flew into them.



Court to clarify witness identification rules
Legal Career News | 2011/05/31 12:20
The Supreme Court will decide whether a witness identification of a man suspected in a break-in of a car should be thrown out.

The high court on Tuesday agreed to hear an appeal from Barion Perry, who is in prison for breaking into a car in 2008.

A woman said she saw Perry take things from the car, but only after police had him in handcuffs. She later could not pick him out of a photo lineup, and could not describe the suspect.

Perry wanted her identification thrown out because it was "unnecessarily suggestive" that he was a criminal because he was in handcuffs. The New Hampshire Supreme Court disagreed, and upheld his conviction.


Gov. Rick Perry signs tort reform bill into law
Legal Career News | 2011/05/30 18:06
Gov. Rick Perry signed into law Monday a measure that will limit frivolous lawsuits by levying some fees on plaintiffs and allowing meritless suits to be dismissed early in the process.

Perry designated the "loser pays" bill a top priority of the legislative session, saying Texas needs to crack down on junk lawsuits.

Some plaintiffs who sue and lose will be required to pay the court costs and attorney fees of those they are suing. The law also creates expedited civil actions for cases less than $100,000. It goes into effect Sept. 1.

Perry said the legislation "provides defendants and judges with a variety of tools to expedite justice for those deserving."

"Employers will spend less time in court and more time creating jobs," he said.

The law will encourage timely settlements by penalizing parties who turn down reasonable settlement offers to try to get more than they should.

Perry said the changes reduce the cost of litigation while still allowing legitimate cases to proceed. Supporters say the state's business climate will improve because the reforms will make Texas more attractive to employers looking to expand or relocate.


Fugitive Russian lawmaker living in Beverly Hills
Legal Career News | 2011/05/29 18:06
A sensational dispute between Moscow billionaires with a storyline that rivals Hollywood has spilled across international borders: Surveillance photographs showed a fugitive Russian lawmaker living in Beverly Hills, California. Someone tried to hack into computers at his London law firm. And he filed a federal lawsuit in New York accusing his business rivals of trying to force him to return home.

Ashot Egiazaryan, who said he could be killed if he is forced to return to Russia, is fighting to remain in the United States despite a request by Interpol to have him arrested and deported. He came to the U.S. in early September and quickly filed a lawsuit in Cyprus and another in an arbitration court of appeal in London claiming that a politically connected group of Russian tycoons extorted him into surrendering his major stake in the historic Moskva Hotel. The multibillion dollar property sits a few steps from Red Square.

Since then, and after a published interview with The Associated Press in February, Egiazaryan said in court papers he has been subjected to continuing surveillance and a public relations smear campaign. Scotland Yard is currently investigating a report that someone tried to plant sophisticated spyware on a computer that belongs to one of his lawyers, according to a person briefed on the investigation.

Egiazaryan said the lucrative Moskva project was wrested from him in 2009 by prominent Russians including mining magnate Suleiman Kerimov, a billionaire and a member of the Russian senate, and Arkady Rotenberg, a wealthy businessman and the longtime judo partner of Prime Minister Vladimir Putin. At Egiazaryan's urging, the Cyprus court temporarily froze about $8 billion in stock owned by two of Kerimov's Cyprus-based companies, OAO Polyus Gold and fertilizer maker OAO Uralkali, one of the world's leading producers of potash. The freeze came at an awkward time for Kerimov, who was in the midst of efforts to build one of the world's largest mining empires.


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