States

Panel Urges Censure for N.J. Justice

Censure is appropriate for a New Jersey Supreme Court justice who interceded in a case against a youth accused of bullying his son, according to the state’s Advisory Committee on Judicial Conduct. The committee concluded in its presentment (PDF posted by Law.com) that Justice Roberto Rivera-Soto engaged in conduct prejudicial…

Jul 13, 2007 3:00 PM CDT

Paris Hilton Jail Perks Probe Launched

Did Paris Hilton get special treatment during her brief jail stay for violating probation on an alcohol related traffic offense? That is the question to be answered by a newly launched Los Angeles County Sheriff’s Department investigation. The hotel heiress allegedly had her mail delivered by top brass at the…

Jul 13, 2007 3:45 AM CDT

New Housing Rules Hit Katrina Victims

Nearly two years after Hurricane Katrina struck New Orleans and the Mississippi Gulf Coast on Aug. 29, 2005, displaced residents from the lowest economic rungs of the region’s economic ladder are still struggling–often in communities far from home. But as many businesses desperately seek workers, and former residents fruitlessly seek…

Jul 13, 2007 2:17 AM CDT

Mistrial in Rape Trial With R-Word Ban

Updated: Ruling from the bench, a Nebraska judge today declared a mistrial in a controversial acquaintance-rape case in which the accuser was barred from using the word “rape,” among other specific language, when testifying. Defense lawyers said they believe Lancaster County District Judge Jeffre Cheuvront declared the mistrial just before…

Jul 12, 2007 11:26 PM CDT

Spector’s Ex-Lawyer Says She Will Testify

Bowing to the California Supreme Court’s effective decision that attorney-client privilege doesn’t apply, a lawyer who formerly represented music producer Phil Spector says she will testify in his ongoing murder trial. Sara Caplan is expected to testify today about whether she saw an expert mishandle evidence at the crime scene…

Jul 12, 2007 10:05 PM CDT

Form Contract Puts Sprint in Class Action

Sprint-Nextel Corp. essentially scored an own goal, an Illinois appeals court says, by including in its adhesionary form contract a choice-of-law provision that allows customers to bring a national class action. Upholding a Madison County trial judge’s class certification, the 5th District Appellate Court decided the case over the cell…

Jul 12, 2007 9:08 PM CDT

Court Voids Class-Action Ban

Cingular Wireless raised the bar too high when it banned class actions in its standard subscriber contracts, the Washington Supreme Court has ruled. The provision is unconscionable and cannot be severed from a clause compelling mandatory arbitration, making both unenforceable, the court said in an en banc ruling. The class-action…

Jul 12, 2007 6:21 PM CDT

Lawyer: 10 Reasons Why Workers Sue

It is black-letter law that employers must pay hourly workers for all of their time. But not doing so is the No. 1 reason why companies are sued by their employees, according to a Long Island, N.Y., attorney. A number of other items on Robert Lipton’s Top 10 list of…

Jul 12, 2007 6:18 PM CDT

Judge Delays Private Buyouts

Two deals to sell public companies to private investors have hit a wall in the form of Delaware Judge Leo E. Strine Jr. In two recent opinions, the chancery court judge required companies to disclose more information to shareholders about provisions of buyout deals that favored company managers, the Wall…

Jul 12, 2007 5:51 PM CDT

Prosecutor Misconduct Debated

Lawyers sparred over the extent of prosecutorial misconduct in California at a hearing convened yesterday by a state commission studying problems in the criminal justice system. Santa Clara University law professor Cookie Ridolfi presented findings that judges had found prosecutorial misconduct in 443 of more than 2,100 California cases in…

Jul 12, 2007 4:32 PM CDT

Suit in ‘Shackling Case’ Cites Reform-School Problems

Two years after Mississippi settled a lawsuit that claimed abuses at a state reform school, a new suit cites continuing problems. Five of the six plaintiffs say they were shackled for 12 hours a day while at Columbia Training School, and three say they were able cut themselves while on…

Jul 12, 2007 3:50 PM CDT

State’s Execution First in 60 Years

A death-row inmate who gave up his appeals died by lethal injection today, the first execution in South Dakota in 60 years. Elijah Page, 25, received the death sentence for murdering a robbery victim with the help of two accomplices in March 2000. (See this prior ABAJournal.com post for details.)…

Jul 12, 2007 2:14 PM CDT

Suit Spurs Gov. to Quit E-mail

New Jersey’s governor won’t be using e-mail following a lawsuit seeking messages he exchanged with a state union president. Gov. Jon Corzine claims the messages are shielded by executive privilege, but he intends to avoid the possibility of future discovery disputes, the New York Times reports. “We’ll go back to…

Jul 12, 2007 1:46 PM CDT

Judge Off Case for Columbine Remark

A Florida judge has been removed from a case for comparing a juvenile’s appearance to that of two teens who went on a shooting spree at Columbine High School. Judge Charles Kaplan of Broward County made the remark when he was overseeing the juvenile delinquency case of a 14-year-old boy…

Jul 12, 2007 1:31 PM CDT

Proposed Calif. Pet-Spay Law is Neutered

A proposed California bill that would have required pet owners to spay or neuter their animals or face a $500 fine has been tabled following an outpouring of support–and concern–from tens of thousands of state residents. The huge response has prompted law-makers to stop and think before proceeding, reports the…

Jul 12, 2007 3:27 AM CDT