News. Crime Stories, Law on News and Legal Publications in December, 2016

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Bad Experiences and Serious Injury Do Not Make a Drug and Device Law Claim
Lexology (registration)November 7, 2016

But bad experiences do not make a viable drug or device claim. Drugs and devices have inherent risks, so the law requires more than injury due to those risks for a viable products liability claim. Generally, the injury must result from a defect of some ...more »

Indian farmers at risk as states bypass land acquisition laws – activists
ReutersNovember 7, 2016

MUMBAI (Thomson Reuters Foundation) - States across India are bypassing land acquisition laws by introducing land pooling schemes to speed up industrial and development projects, a move that activists say leaves farmers and the environment vulnerable ...more »

Latest Legal and Criminal News

Administrative Law
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Barclays Backs Gates Twins in FERC Trading Dispute
POWER magazine (blog)November 10, 2016

7 Barclays filing with the U.S. District Court for the Eastern District of California, the 12 experts in U.S. administrative law argue (Case 2:13-cv-02093-TLN-DB ) that FERC should have granted a full-scale hearing before an administrative law judge or ...more »

Family Law
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A twice-divorced, feminist Saudi mother reinterprets Islamic law
theday.comNovember 7, 2016

The frank comments are typical of this twice-divorced mother of six and graduate of Islamic law. Raised a devout girl in a large tribe where she tended sheep, al-Shammary is now a 42-year-old liberal feminist who roots her arguments in Islam, taking on ...more »

Admiralty & Maritime Law
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Trump Floats an Olive Branch: Might Keep Parts of the Health Law
New York TimesNovember 11, 2016

Mr. Trump also promised that there would be no lapse in health insurance for millions of Americans covered under the Affordable Care Act when he repeals and replaces the law. “We're going to do it simultaneously — it'll be just fine,” Mr. Trump said ...more »

Health Care Law
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Donald Trump's Pledge to Repeal Health Law Carries Risks - WSJ
Wall Street JournalNovember 9, 2016

Donald Trump's goal of unraveling the 2010 Affordable Care Act could create problems for hospitals, insurers and drug companies as well as consumers.more »

Immigration Law
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Survey Highlights Popularity of Immigration Enforcement
Yahoo NewsNovember 8, 2016

8, 2016 /PRNewswire-USNewswire/ -- The public wants immigration laws enforced, and the level of legal immigration reduced, according to a poll of 1,000 likely voters, conducted November 1-3 by Pulse Opinion Research for the Center for Immigration ...more »

Alternate Dispute Resolution
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Hybrids and Inadmissibility
Who's Who LegalNovember 8, 2016

In this article, Alan Limbury from Strategic Resolution discusses the development in many jurisdictions of hybrid forms of alternative dispute resolution - combining mediation with arbitration – as well as the current issues faced concerning ...more »

Industrial Development Law
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Port of Morrow agrees to withdraw Coyote Island Terminal application
Wallowa County CheiftainNovember 11, 2016

After five years of planning and legal battles, a proposed coal dock at the Port of Morrow in Boardman has been dumped. The Coyote Island Terminal, part of the controversial Morrow Pacific Project, would have shipped 8 million ... setting a legal ...more »

Asbestos Litigation
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Datalink Corporation Shareholder Alert: Former SEC Attorney Willie Briscoe and Powers Taylor LLP Investigate Merger ...
Business Wire (press release)November 7, 2016

DALLAS--(BUSINESS WIRE)--Former United States Securities and Exchange Commission attorney Willie Briscoe and the securities litigation firm of Powers Taylor LLP are investigating potential claims against the Board of Directors of Datalink Corporation ...more »

Intellectual Property
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National theater performs in Kiryat Arba for first time
The Times of IsraelNovember 11, 2016

Regev has frequently clashed with Israeli cultural institutions. She says that they are under the control of left-wing elites and should make their content more accessible to all Israelis. Many actors and writers have argued that requiring them to ...more »

Opportunities for Business Aviation in Basel
AviationPros.comNovember 9, 2016

Speakers from these companies will join representatives from Global Jet Capital, JSSI, The Air Law Firm, Boutsen Aviation and Renz & Partners to discuss such topics as: pre-purchase inspections, legal aspects of purchasing and financing an aircraft ...more »

Labor & Employment Law
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Bentonville McDonald's To Pay $103,000 To Settle EEOC Disability ...
The National Law ReviewNovember 12, 2016

A McDonald's restaurant owned and operated by Mathews Management Company and Peach Orchard, Inc. in Bentonville, Ark., will pay 103000 and furnish ...more »

Bankruptcy Law
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Prosecutors seek access to indicted Kansas developer's guns
Midland Reporter-TelegramNovember 7, 2016

TOPEKA, Kan. (AP) — Federal prosecutors said they want access to inventory firearms housed in storage units owned by a Topeka real estate developer who is charged with more than 100 counts of bankruptcy fraud. Kent Lindemuth is accused of purchasing ...more »

Landlord & Tenant Law
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John Roska: Landlord can't change lease terms until it expires
Champaign/Urbana News-GazetteNovember 13, 2016

Leases are contracts. Perhaps the most fundamental principle of contract law is that one party can't unilaterally change the terms. Locking both parties into those terms provides the certainty that's the primary reason for a contract. Just as you can't ...more »

Business Law
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SHAREHOLDER ALERT: Goldberg Law PC Announces Securities Class Action Lawsuit against Teva Pharmaceutical ...
Business Wire (press release)November 7, 2016

Goldberg Law PC represents shareholders around the world and specializes in securities class actions and shareholder rights litigation. This press release may be considered Attorney Advertising in some jurisdictions under the applicable law and ethical ...more »

Litigation
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Sussman Shank Attorney Kristen Hilton Joins Oregon Coast Aquarium Board
Oregon Business (blog)November 7, 2016

Kristen is a member of the firm's litigation department where she focuses her practice on complex civil litigation matters in state and federal court, including contract disputes, false advertising and unfair competition cases, partnership disputes ...more »

Computer & Internet Related Crimes
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Every citizen of Azerbaijan to be assigned identity chip since January
Azerbaijan Business CenterNovember 12, 2016

Baku, Fineko/abc.az. Since 1 January every citizen of Azerbaijan will be assigned a personal chip. Yesterday, Milli Majlis adopted special amendments to the Law on E-Signature & E-Document. By presenting the document, Parliamentary Science ...more »

Personal Injury
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SCOTUS to Rehear Federal Worker's Insurance Lawsuit
Courthouse News ServiceNovember 7, 2016

"Despite the fact that any reimbursement/subrogation rights are controlled by Missouri state law that prohibits such subrogation, defendant routinely asserts liens on personal injury recoveries of Missouri citizens and subrogate for repayment of health ...more »

Constitutional Law & Civil Rights
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Who Are the Possible Trump Supreme Court Nominees? We Break It Down
LawNewzNovember 9, 2016

Pryor previously said, according to confirmation hearing testimony, that Roe was “the worst abomination in constitutional law in history.” After a higher court ruling on a Alabama execution case, he allegedly ridiculed the Supreme Court by saying “This ...more »

Professional Malpractice
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Godfrey attorney alleges legal malpractice suit is time barred
Madison County RecordNovember 9, 2016

According to plaintiff Abby Benson Razer's lawsuit filed in August, she claims the late Orville Benson, who died in 2009, retained Julian in April 2007 for the purpose of creating an irrevocable living trust, under which Razer was a beneficiary ...more »

Consumer Protection
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5 ways to protect your child from ID theft
Asbury Park PressNovember 8, 2016

A recent survey by Experian found that while 80 percent of parents are concerned that their children will become victims of identity theft, many don't take steps to help ensure it doesn't happen. For instance, 51 percent don't monitor their children's ...more »

Real Estate Law
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Enforceability of Construction Contract Arbitration Clauses Post-'Atalese'
New Jersey Law JournalNovember 7, 2016

Morgan, 225 N.J. at 207-208. See cases collected in Lambert, "Drafting Arbitration Agreements that Comply with NJ's Heightened Standard," 222 N.J.L.J. 3083 (9/26/16). Nonetheless, a vigorous debate continues over how far Atalese will ... It can be seen ...more »

Pueblo police union gets 2 percent raise in arbitration
Pueblo ChieftainNovember 12, 2016

Also, employees not at the top of their scale will get step increases next year. City voters agreed to let the police and fire unions go to binding arbitration in contract disputes. The city's general service employees were not part of that 1998 ...more »

McCrory, Cooper gird for legal fight over votes
News & ObserverNovember 11, 2016

Marc Elias was general counsel to Hillary Clinton's presidential campaign and argued in court against North Carolina's voter ID law. Kevin Hamilton and Elias have worked for U.S. Sen. Al Franken and other national candidates. Also joining Cooper's ...more »

Criminal Defense
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Former Attorney for South Carolina Serial Killer Suspect Speaks: 'He Was A Very Troubled, Very Vicious Kid'
PEOPLE.comNovember 10, 2016

Arizona criminal defense attorney Allen Bickart has defended many people during his 60 years of practicing law, but last week, the case of one client came back to haunt him. “He was a very troubled, very vicious kid,” Bickart tells PEOPLE exclusively, ...more »

Trusts & Estate Planning
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BUSINESS PEOPLE
Sarasota Herald-TribuneNovember 7, 2016

Sarasota board-certified civil trial attorney Teresa D. Jones was recently recognized for 30 years of service with the law firm of Syprett, Meshad, Resnick, Lieb, Dumbaugh, Jones, Krotec & Westheimer PA. In addition to holding her board certification ...more »

Man alleges Hologic Inc. subjected him to discrimination because of his age
The Louisiana RecordNovember 8, 2016

The plaintiff holds Hologic Inc. and Ratliff responsible because the defendants allegedly subjected him to disparate treatment on the basis of his age, retaliated against him for engaging in protected activities and unlawfully terminated his employment ...more »

Wills & Probate
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Estate Planning: Important but sometimes unaddressed estate planning issues
Lake County NewsNovember 12, 2016

Dennis A. Fordham, Attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, Calif. He can be reached at dennis@DennisFordhamLaw.com and 707-263-3235. His Web site is www.more »

Environmental Law
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For renewable energy in Oregon, Trump win brings uncertainty, fear
Portland Business JournalNovember 10, 2016

Kate Brown signed into law a requirement that Portland General Electric and Pacific Power deliver 50 percent of their energy from renewable sources by 2040, without counting hydropower, and stop using coal by 2035. That could leave the situation ...more »

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Dispute Resolution: Negotiation Mediation & Other Processes, Sixth Edition (Aspen Casebook)Dispute Resolution: Negotiation Mediation & Other Processes, Sixth Edition (Aspen Casebook)
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