http://www.abajournal.com/news/ en abajournal@americanbar.org Copyright 2012 2012-05-27T09:23:37-06:00 http://www.abajournal.com/news/article/philippine_chief_justice_facing_impeachment_admits_he_didnt_disclose_2.4m_b/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/philippine_chief_justice_facing_impeachment_admits_he_didnt_disclose_2.4m_b/#:2012-05-25T15:22:56+00:00 The Philippine Supreme Court chief justice, accused of stealing money from the country and in the middle of an impeachment trial, yesterday stated that he did nothing wrong by not declaring $2.4 million in his bank accounts. Last week, a prosecutor testified that Renato Corona failed to disclose between $10 million and $12 million in bank accounts under his name, the Associated Press reports. In response, Corona cited a Philippines law that protects foreign deposits from disclosure. Corona also stated that he did not have as much money as was alleged. What he did have, Corona said, came from property his wife sold and his earnings… Banking Law, Government Law, International Law, Judiciary, Legal Ethics, Trials & Litigation Fri, 25 May 2012 10:22:56 -0500 http://www.abajournal.com/news/article/federal_appeals_court_defines_piracy_on_the_high_seas/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/federal_appeals_court_defines_piracy_on_the_high_seas/#:2012-05-24T20:01:45+00:00 A federal appeals court held Wednesday that an armed attack on a U.S. vessel can be considered piracy even if no one ever boards or robs the ship. The ruling by the Richmond, Va.-based 4th U.S. Circuit Court of Appeal gives prosecutors wider latitude to go after people who attack U.S. ships, U.S. Attorney Neil MacBride told CBS News. "For decades, the international community has considered violent attacks on the high seas as an act of piracy, and today's ruling will strengthen our ability to hold those who attack U.S. vessels by force accountable, regardless of whether they are successful or not," MacBride said. The U.S. Supreme… Admiralty & Maritime Law, Appellate Practice, Criminal Justice, International Law, Legal History, Legal Theory, Trials & Litigation, 4th Circuit Court Thu, 24 May 2012 15:01:45 -0500 http://www.abajournal.com/news/article/man_admits_to_33-year-old_etan_patz_murder/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/man_admits_to_33-year-old_etan_patz_murder/#:2012-05-24T19:26:47+00:00 A New Jersey man has confessed to the 1979 murder of Etan Patz, a 6-year-old boy who vanished on his way to school in lower Manhattan 33 years ago Friday, New York police say. The man, Pedro Hernandez, told police he strangled the boy, wrapped his body in a bag, put the body in a box and left it an an undisclosed location in Manhattan, the New York Times reports. When he went back to retrieve the box several days later, Hernandez said, the box was gone. Shortly after the boy's disappearance, Hernandez, who then worked at a bodega near where the boy disappeared, moved to… Criminal Justice, Trials & Litigation, States, New Jersey, New York Thu, 24 May 2012 14:26:47 -0500 http://www.abajournal.com/news/article/forewomans_report_of_deadlock_on_lesser_charge_doesnt_bar_retrial_for_murde/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/forewomans_report_of_deadlock_on_lesser_charge_doesnt_bar_retrial_for_murde/#:2012-05-24T14:56:27+00:00 The double jeopardy clause doesn’t bar the murder retrial of an Arkansas man accused in the death of his girlfriend’s toddler son, even though the jury forewoman had announced a deadlock on a lesser charge before deliberations ended, the U.S. Supreme Court has ruled. Chief Justice John G. Roberts Jr. was joined by five other justices in the majority opinion. “The double jeopardy clause protects against being tried twice for the same offense,” he wrote. “The clause does not, however, bar a second trial if the first ended in a mistrial.” The forewoman of the jury deliberating charges against Alex Blueford had told the judge that jurors voted… Constitutional Law, Criminal Justice, Criminal Procedure, Trials & Litigation, U.S. Supreme Court Thu, 24 May 2012 09:56:27 -0500 http://www.abajournal.com/news/article/google_gc_sees_message_in_verdict_rejecting_oracle_patent_claims/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/google_gc_sees_message_in_verdict_rejecting_oracle_patent_claims/#:2012-05-24T12:05:22+00:00 San Francisco jurors ruled for Google on Wednesday in the latest phase of an infringement trial involving smart phone technology. Jurors rejected all of Oracle Corp.’s patent claims over Google’s use of Java technology in Android smart phone software, report the Recorder, the Wall Street Journal (sub. req.) and the New York Times Bits blog. The Recorder summarizes the result this way: “Oracle, which once touted the whole case as worth $6 billion or more, could walk away with nothing but legal bills.” Oracle has won only “two relatively tiny copyright infringement claims” in the multiphase trial, the story says. Legal skirmishes… Intellectual Property Law, Patent Law, Trials & Litigation, Verdicts & Settlements Thu, 24 May 2012 07:05:22 -0500 http://www.abajournal.com/news/article/judge_tosses_lawyers_suit_against_health_club_claiming_its_breakfast_didnt_/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/judge_tosses_lawyers_suit_against_health_club_claiming_its_breakfast_didnt_/#:2012-05-24T11:32:25+00:00 A New York lawyer who sued his health club because it eliminated its full breakfast menu will have to pay court costs after a judge barred him from pursuing the case. Judge Ellen Coin of Manhattan dismissed the suit by lawyer Richard Katz this week, report the New York Daily News and the New York Post. The Daily News headline says Katz has egg on his face, its photo caption says his suit was “cap’n crunched,” and its opening paragraph says he “has to fork over $440 after a judge ruled that his lawsuit was toast.” Katz paid $5,000 a year… ABA Journal Production, Weekly Newsletter Stories, Contracts, Tort Law, Trials & Litigation Thu, 24 May 2012 06:32:25 -0500 http://www.abajournal.com/news/article/pakistani_doctor_who_helped_find_bin_laden_is_imprisoned/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/pakistani_doctor_who_helped_find_bin_laden_is_imprisoned/#:2012-05-23T22:14:29+00:00 A Pakistani doctor who helped the CIA track down Osama Bin Laden was convicted Wednesday of conspiring against the state and was sentenced to 33 years in prison. The move adds new strains to an already deeply troubled relationship between the U.S. and Pakistan, the Associated Press reports. U.S. officials had urged Pakistan to release the doctor, Shakil Afridi, who ran a vaccination program for the CIA to collect DNA and verify the al-Qaida leader's presence at the compound in Abbottabad where he was killed by U.S. commandos last May. Afridi's lengthy sentence will be taken as another sign of Pakistan's defiance of U.S. wishes. It could… Criminal Justice, Executive Branch, International Law, Terrorism, Trials & Litigation Wed, 23 May 2012 17:14:29 -0500 http://www.abajournal.com/news/article/pittsburgh_lawyer_faces-assault_charges_in_attack_on_son/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/pittsburgh_lawyer_faces-assault_charges_in_attack_on_son/#:2012-05-23T22:00:20+00:00 A Pittsburgh lawyer is facing assault charges for an alleged attack on the son of his longtime friend and former law partner. Police said John L. Elash, a veteran criminal defense lawyer known for a sometimes-volatile temper, will be charged with simple assault and terroristic threats, the Pittsburgh Post-Gazette reports. Elash reportedly got into a confrontation Monday with Thomas DePasquale, the son of Elash's longtime friend and former partner James E. DePasquale. Thomas DePasquale said that Elash walked into his father's office, choked him, bit him, tried to gouge his eyes and hit him repeatedly in the face after a dispute over a computer monitor. Thomas DePasquale… Criminal Justice, Legal History, Trials & Litigation Wed, 23 May 2012 17:00:20 -0500 http://www.abajournal.com/news/article/suit_claims_facebook_and_underwriters_failed_to_disclose_slow-revenue_forec/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/suit_claims_facebook_and_underwriters_failed_to_disclose_slow-revenue_forec/#:2012-05-23T18:32:16+00:00 An investor lawsuit filed in Manhattan federal court today alleges Facebook and its underwriters failed to disclose negative forecasts in advance of the company’s initial public offering. The would-be class action suit alleges Mark Zuckerberg and other defendants concealed forecasts of weakened revenue growth, according to Reuters, the Wall Street Journal’s Deal Journal, ABC News and Venture Beat. The suit was filed by Robbins Geller Rudman & Dowd. The suit claims disclosures were only made to preferred investors, even as Facebook told underwriters to lower estimates because more users were using mobile apps that don’t generate ad revenue. A… Banking Law, Corporate Law, Securities Law, Trials & Litigation Wed, 23 May 2012 13:32:16 -0500 http://www.abajournal.com/news/article/4.1_million_settlement_with_shakled_pregnant_jail_detainees_wins_preliminar/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/4.1_million_settlement_with_shakled_pregnant_jail_detainees_wins_preliminar/#:2012-05-23T18:16:40+00:00 A federal judge gave preliminary approval to a $4.1 million settlement of a class-action lawsuit against the Cook County (Ill.) Jail on behalf of a group of female inmates who say they were shackled while pregnant and in labor. Unless objections are raised, the Chicago Tribune reports, roughly 80 former inmates will get an average of $35,000 each in the settlement. But more important than the money, plaintiff's lawyer Thomas Morrissey said, is the fact that the lawsuit has stopped the practice of shackling pregnant detainees in Cook County, which includes Chicago. Since the suit was filed, Morrissey says, the county and the sheriff have "moved toward… Civil Rights, Criminal Justice, Trials & Litigation, States, Illinois Wed, 23 May 2012 13:16:40 -0500 http://www.abajournal.com/news/article/twice_jilted_would-be_groom_sues_former_fiancee/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/twice_jilted_would-be_groom_sues_former_fiancee/#:2012-05-23T17:46:52+00:00 A twice-jilted New York man is suing his ex-financée for her share of the deposits he put down on their ill-fated wedding and for her half of the rent on the apartment they shared prior to their breakup. In the suit, filed recently in Manhattan Supreme Court, the New York Post reports, Steven Silverstein says the deposits and the rent were "gifts" he gave to ex-financée Kendra Platt-Lee in "contemplation of their impending marriage." Since Platt-Lee broke it off—twice in two years—Silverstein says, she should have to pay him back for $19,000 she withdrew from their joint bank account after the latest breakup, $28,000 in rent,… Contracts, Family Law, Personal Lives, Tort Law, Trials & Litigation Wed, 23 May 2012 12:46:52 -0500 http://www.abajournal.com/news/article/former_dewey_partners_hire_lawyers_for_possible_clawback_claims/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/former_dewey_partners_hire_lawyers_for_possible_clawback_claims/#:2012-05-23T14:56:41+00:00 A lawyer experienced in defending clawback claims is expected to be tapped to represent a group of more than 50 former partners at Dewey & LeBoeuf, according to a published report. The lawyer, Mark Zauderer, previously represented a senior partner fighting clawback claims in the 1988 bankruptcy of Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson & Casey, the New York Law Journal reports. He told the publication he expects to represent the partners along with Blank Rome restructuring partner Andrew Eckstein. Another group of partners has hired bankruptcy lawyer Tracy Klestadt to represent them, the story says. Meanwhile, another large group of lawyers has left… Bankruptcy Law, Business of Law, Law Practice Management, Careers, Law Firms, Large Firm, Partners, Trials & Litigation Wed, 23 May 2012 09:56:41 -0500 http://www.abajournal.com/legalrebels/article/a_modest_proposal_for_resolving_disputes_baseball_arbitration/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/legalrebels/article/a_modest_proposal_for_resolving_disputes_baseball_arbitration/#:2012-05-23T13:54:29+00:00 Business disputes are not for the faint of heart. Dispute resolution focuses to a great degree on process, designed to accomplish the end of a fair trial or a fair hearing. That so few cases are actually tried seems irrelevant in an effort to foster a fair path toward trial. These days, those cases that do go to trial do so years after the events at issue, and the uncertainty of resolution only makes things worse. Arbitration was conceived of as a way to avoid the ills of the civil justice system, particularly the time and expense associated with many suits. But over the years, arbitration has proven to be… ABA Journal Production, Weekly Newsletter Stories, Alternative Dispute Resolution, Legal Rebels, The New Normal, Trials & Litigation Wed, 23 May 2012 08:54:29 -0500 http://www.abajournal.com/news/article/appeals_court_upholds_foia_exemption_for_waterboarding_records/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/appeals_court_upholds_foia_exemption_for_waterboarding_records/#:2012-05-22T22:33:05+00:00 A federal appeals court on Monday upheld a lower court ruling exempting the CIA's waterboarding records and a photograph of Abu Zubaydah during his interrogation from disclosure under the Freedom of Information Act. In its ruling (PDF), the New York City-based 2nd U.S. Circuit Court of Appeals said the act shields such classified material from public view even though President Barack Obama has declared the practice of waterboarding illegal, the New York Law Journal reports. The court also held that the government is entitled to withhold redacted material from two memoranda relating to interrogations written by the Justice Department's Office of Legal Counsel.… Executive Branch, Government Law, Judiciary, Terrorism, Tort Law, Trials & Litigation, 2nd Circuit Court Tue, 22 May 2012 17:33:05 -0500 http://www.abajournal.com/news/article/maryland_court_oks_same-sex_divorce/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/maryland_court_oks_same-sex_divorce/#:2012-05-22T21:26:52+00:00 Same-sex couples can't get married in Maryland yet. But those who marry elsewhere can now get divorced there. The Maryland Court of Appeals, the state's highest court, ruled Friday that same-sex couples who have a valid marriage from another state can divorce in Maryland. The court, in a 7-0 ruling (PDF), said Maryland courts should withhold recognition of a valid foreign marriage only if that marriage is "repugnant" to state public policy. It said that threshold is a high bar that had not been met in the case before it. The case involved two women who were married in California and denied a divorce in 2010 by a… Constitutional Law, Contracts, Judiciary, Trials & Litigation, States, Maryland Tue, 22 May 2012 16:26:52 -0500 http://www.abajournal.com/news/article/wife_of_fired_sycacuse_university_coach_sues_espn_for_libel/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/wife_of_fired_sycacuse_university_coach_sues_espn_for_libel/#:2012-05-22T19:36:00+00:00 The wife of fired Syracuse University assistant basketball coach Bernie Fine has sued ESPN for libel. Laurie Fine's suit alleges the network ruined her life by broadcasting reports that she knew her husband abused boys and that she had sex with one of them, the Boston Globe reports. ESPN in November broke the story of two former Syracuse ball boys—Bobby Davis and his stepbrother, Michael Lange—who claimed they were molested by Bernie Fine decades ago. In her suit, Laurie Fine accuses ESPN of reporting the abuse allegations against her husband in a bid to boost ratings as the Penn State sex abuse scandal was unfolding. She notes… Entertainment & Sports Law, Media & Communications Law, Tort Law, Trials & Litigation Tue, 22 May 2012 14:36:00 -0500 http://www.abajournal.com/news/article/school_district_ordered_to_pay_student_20k_in_t-shirt_lawsuit/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/school_district_ordered_to_pay_student_20k_in_t-shirt_lawsuit/#:2012-05-22T18:30:34+00:00 Corrected: A federal judge on Monday ordered an Ohio school district to pay $20,000 in damages and court costs to a high school student who was prevented from wearing a "Jesus Is Not a Homophobe" T-shirt in school. The judgment equals the amount of a settlement offer made to 16-year-old Maverick Couch of Waynesville earlier this month by the Wayne Local Schools, the Dayton Daily News reports. Couch had sued the district last month, claiming his First Amendment rights had been violated when the school principal twice prevented him from wearing the T-shirt in school. Couch was first stopped from… Constitutional Law, First Amendment, Tort Law, Trials & Litigation, States, Ohio Tue, 22 May 2012 13:30:34 -0500 http://www.abajournal.com/news/article/judge_rules_for_school_district_in_suicide_death_of_teen_featured_in_bully_/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/judge_rules_for_school_district_in_suicide_death_of_teen_featured_in_bully_/#:2012-05-22T15:06:02+00:00 A federal judge in Georgia has granted summary judgment to a school district accused of deliberate indifference to the plight of a bullied student who committed suicide. U.S. District Judge Harold Murphy ruled (PDF) for the Murray County school system in a case filed by the parents of 17-year-old Tyler Long, according to the Daily Report blog ATLaw. The case had attracted nationwide attention. ABC News covered the the youth's problems in a report on school bullying, while Tyler’s parents appeared on Ellen and in a documentary called Bully, WRCB reports. Tyler Long had Asperger Syndrome and was fixated on following the… ABA Journal Production, Weekly Newsletter Stories, Disability Law, Education Law, Trials & Litigation, States, Georgia Tue, 22 May 2012 10:06:02 -0500 http://www.abajournal.com/news/article/lawyer_sues_gloria_allred_claims_she_stole_clients_who_accused_john_travolt/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/lawyer_sues_gloria_allred_claims_she_stole_clients_who_accused_john_travolt/#:2012-05-22T12:13:45+00:00 A DUI and sexual harassment lawyer from Pasadena has filed a lawsuit against Gloria Allred claiming she stole two massage-therapist clients who accused John Travolta of groping and sexual harassment. Lawyer Okorie Chukwudimm Okorocha sued Allred in Los Angeles County superior court on Monday, CNN reports. He alleges intentional interference with contractual relations, intentional interference with prospective economic relations and unfair business practices. In an interview with CNN, Okorocha complained that Allred “only does press conferences and sideshows, and doesn't actually go to court or do trials.” Allred denied that she solicited one of the clients and called Okorocha’s allegations "false, outrageous and defamatory,” the story says. Okorocha… Celebrities, Legal Ethics, Trials & Litigation Tue, 22 May 2012 07:13:45 -0500 http://www.abajournal.com/news/article/florida_jurors_banned_from_using_social_media_to_discuss_criminal_cases/?utm_source=rss&utm_medium=topics&utm_campaign=trials+litigation http://www.abajournal.com/news/article/florida_jurors_banned_from_using_social_media_to_discuss_criminal_cases/#:2012-05-21T23:00:25+00:00 The Florida Supreme Court banned jurors from using electronic devices or social media to talk about their cases Thursday. The detailed opinion adopts the work of the court’s Committee on Standard Jury Instructions in Criminal Cases, which builds on more broad-ranged 2010 juror instructions prohibiting the use of social media, the Daily Business Review reports. The opinion comes at a time when courts are increasingly aware of the challenges social media and electronic devices present in the courtroom. At least 90 verdicts were subject to challenge from 1999 to 2010 because of internet-related juror misconduct, according to a 2010 Reuters Legal survey, the Daily Business Review… Criminal Justice, Criminal Procedure, Judiciary, Trials & Litigation, Juries Mon, 21 May 2012 18:00:25 -0500