News. Crime Stories, Law on News and Legal Publications in September, 2011

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Grand America audit turns up undocumented workers
Salt Lake TribuneSeptember 1, 2011

“Such businesses gain a competitive edge by paying illegal alien workers low wages or otherwise exploiting them. These inspections are one of the most powerful tools the federal government has to ensure that businesses are complying with US employment ...more »

Owner of Waikiki Edition hotel files Ch. 11 bankruptcy
Bizjournals.comSeptember 1, 2011

The owner of The Waikiki Edition Hotel filed for Chapter 11 bankruptcy on Wednesday as executives from Marriott International Inc. waited to take back management of the hotel. M Waikiki LLC said the filing would allow the company, which is controlled ...more »

Latest Legal and Criminal News

Administrative Law
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SC judge recuses from hearing Novartis IP claim case
Law et al. NewsSeptember 6, 2011

The case is being closely watched as it deals with the legal interpretation of the patent law in India. According to the Indian patent law, patents cannot be granted for mere improvements on a known substance if it does not result in substantial ...more »

Health Care Law
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GOP Stands on Health Mask Records as Governors
New York TimesSeptember 3, 2011

The three current or former governors running for president — Rick Perry, Mitt Romney and Jon M. Huntsman Jr. — are firmly united in their commitment to repealing President Obama's health care law. But that unanimity masks a broad ...more »

Admiralty & Maritime Law
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Should Faking a Name on Facebook Be a Felony?
Wall Street JournalSeptember 14, 2011

The little-known law at issue is called the Computer Fraud and Abuse Act. It was enacted in 1986 to punish computer hacking. But Congress has broadened the law every few years, and today it extends far beyond hacking. The law now criminalizes computer ...more »

Immigration Law
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Controversy over Ga. immigration panel
PoliticoSeptember 7, 2011

... to serve on the state's Immigration Enforcement Review Board, a seven-member panel tasked with investigating citizen complaints that local governments and law enforcement agencies are not properly enforcing the state's tough new immigration law, ...more »

Industrial Development Law
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Can UK talent make white shoe firms a good fit in Hong Kong?
The LawyerSeptember 5, 2011

In addition, HKEx estimates that there were 187.2 million equity transactions during 2010, but according to the Law Society of England and Wales there are around 6500 practising solicitors in Hong Kong. The real challenge, then, is less for clients and ...more »

Alternate Dispute Resolution
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EU online shoppers double in number but changes to laws needed, new study says
Out-Law.comSeptember 1, 2011

There is no right to return customer-specified or personalised products under the provisions of the proposed new laws. Current UK law says that distance-sold goods can be returned within seven days. EU ministers must approve the proposed new Directive ...more »

Insurance Litigation
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Risky side effects exposed in move to free up funding for class actions
Sydney Morning HeraldSeptember 4, 2011

It also requires the licence holder to have insurance, which goes some way to covering any cost orders against them. Six submissions were made to Treasury and the majority, including one from IMF, called for more regulation of litigation funders. ...more »

Animal Law
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Proposed dog ordinance to be revisited again
Niles Daily StarSeptember 7, 2011

Kidwell argued the new ordinance would “put some bite” into the dangerous animal law. He first presented such an ordinance at a meeting Aug. 15 but the board had too many concerns about the language and tabled the issue. Kidwell then presented the ...more »

Intellectual Property
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Accelerating IP and Innovation in South Africa Conference
Patent DocsSeptember 5, 2011

The event is being organized by co-chairs Sherry Knowles of Knowles Intellectual Property Strategies (and former Chief Patent Counsel at GlaxoSmithKline); Jonathan Youngleson, Chief Director of the National IP Management Organization; ...more »

Asbestos Litigation
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Shrader & Associates Recognizes Mesothelioma Gene Research
PR Web (press release)September 2, 2011

"Many million people are exposed to carcinogenic fibers like asbestos. Fortunately, only few of them ever develop cancer," Michele Carbone, MD, UH Cancer Center director, said. "The question is why is that some people are more susceptible than others. ...more »

Labor & Employment Law
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Why Doesn't the Anti-Affirmative Action Bake Sale Offer Discounts for Men?
East Bay ExpressSeptember 27, 2011

Yesterday we told you about the BerkeleyCollege Republicans' "anti-affirmative action bake sale," a stunt to protest proposed legislation that would allow college admissions boards to take race and gender into account when considering new applicants. ...more »

No need for Europe to go it alone on shipping emissions
EurActivSeptember 8, 2011

"Europe's efforts to curb greenhouse gas emissions from aviation under the EU emissions trading scheme have hit the headlines this year not only in Brussels, but in Washington, Beijing and New Delhi, where the unilateral move is seen as controversial. ...more »

Landlord & Tenant Law
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ANALYSIS/ South China Sea disputes: Harbinger of regional strategic shift?
Asahi ShimbunSeptember 11, 2011

... been carried out at a cost of territorial integrity and security of China's neighbors. India pays close attention to the situation in the South China Sea because they see it as an indication for what might happen in its border disputes with China. ...more »

Bankruptcy Law
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District 7 Seat Comes with Great Expectations
Mission Times CourierSeptember 3, 2011

If we can't get to that point, then maybe bankruptcy is the answer, but we can't go through another 10 years like the last.” Mat Kostrinsky announced Aug. 21 he will file papers for a D-7 seat campaign. Kostrinsky wants to bring less vitriol and more ...more »

Litigation
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Tribe officials to discuss hiring of special counsel in Freedmen litigation
kjrh.comSeptember 14, 2011

Cherokee Nation officials are meeting Wednesday to discuss the Freedmen litigation and how it might impact the special election for principal chief. Members of the tribe's election commission are holding this special meeting ahead of the Sept. ...more »

Business Law
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Pro-con: Is health care law hurting job creation?
Kansas.com (blog)September 3, 2011

But in the 15 months after the law passed, the economy added a mere 6500 jobs each month on average — less than one-tenth the pre-health care act rate. Other factors are at work, of course. Companies must see an improvement in the business climate ...more »

Military Law & Military Benefits
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Let politicians give up perks before making military cuts
Delmarva NowSeptember 15, 2011

Arrogance and pandering to special interests by those in leadership positions have led to the deficit, but it is now seems to be the fault of seniors who want their promised Social Security benefits and members of the military, who want their promised ...more »

Computer & Internet Related Crimes
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Solutions to our problems easier with IT- Varsity don
VanguardSeptember 13, 2011

This was the submission of the Head, Computer Science of the University of Ibadan and the first female Professor of Computer Science in Sub-Saharan Africa, Adenike Oyinlola Osofisan. Wife of the famous literary icon, Professor Femi Osofisan, ...more »

Personal Injury
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Maritime Law Permitted Claim For Personal Injury Punitive Damages
Gulf Coast MaritimeSeptember 1, 2011

Lobegeiger sued Celebrity Cruises and other defendants in the United States District Court for the Southern District of Florida, where she alleged a variety of personal injury claims. Celebrity and Royal Caribbean Caribbean Cruise Ltd. (Cruise Lines) ...more »

Constitutional Law & Civil Rights
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Redistricting group wants judge to quash AG's investigation
East Valley TribuneSeptember 28, 2011

The Independent Redistricting Commission asked a judge Tuesday to quash an investigation by Arizona Attorney General Tom Horne into whether members violated the state's Open Meeting Law, saying its members are not subject to its requirements. ...more »

Professional Malpractice
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Switching Sides from Corporate Work to Plaintiffs Firms
Corporate CounselSeptember 26, 2011

In a memorandum filed by her attorney, William Alden McDaniel, Jr. (whose firm bears his name), Warns denied knowing anything about the company's litigation strategies. Allstate has asked the court to prevent Warns from working on lead paint cases ...more »

Consumer Protection
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Credit Bureaus Could Face Tougher Rules
Go Banking RatesSeptember 3, 2011

The agency, which is a layer of regulation created under the Dodd-Frank Wall Street Reform and Consumer Protection Act, is also contemplating whether it should oversee credit bureaus with the same scrutiny as big banks. The CFPB has been inquiring with ...more »

Real Estate Law
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Beale Street deal: In agreement with Performa, Memphis city government would ...
DeSoto AppealSeptember 14, 2011

A new deal would end a long legal battle between the city and Performa Entertainment Real Estate. The city of Memphis will take control of the Beale Street Historic District in a settlement that goes to federal bankruptcy court for approval this week. ...more »

Battling Barratry: Lawyers Publicize New Law, Predict Its Impact
Law.comSeptember 11, 2011

The statute says if an attorney secured any legal contract by violating barratry-related state laws or barratry-related rules in the Texas Disciplinary Rules of Professional Conduct, the client could sue to void the contract. Under the old law, ...more »

Sports Law
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Stakes high in battle between FC Sion and Uefa
swissinfo.chSeptember 17, 2011

A Swiss court has contested that decision, exposing Uefa to potentially serious consequences, according to sports law specialist Piermarco Zen-Ruffinen. A legal offensive kept up for several weeks by Sion against the ruling powers of international ...more »

Criminal Defense
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Judge Boots Both Prosecutor and Defense Lawyer in Criminal Case
ABA JournalSeptember 8, 2011

Judge Joseph Ellis removed both the prosecutor and defense lawyer in the Caroline County Circuit Court case, saying that their personal animosity for each other was preventing them from handling the case professionally, reports the Free Lance-Star. ...more »

The Mouse That Roared: One Man's Fight Against The Bureaucracy
InvestorIdeas.com (press release)September 2, 2011

Keith Caldwell states his nightmare began in 2006 when he sued the IRS over striking errors that stemmed from an audit of his tax filings for 2003/2004. During the course of that trial he states the IRS initiated another audit for the year 2006 and ...more »

EEOC Showing Late Summer Spike in Discrimination Suits
The National Law JournalSeptember 1, 2011

"The governments of US territories should act as model employers and prevent civil rights violations." Other EEOC suits filed in the last 10 days of August have hit more or less every category of discrimination, including sex bias (against Crime Scene ...more »

Trusts & Estate Planning
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Perpetual Asks: Is your nest egg protected?
PR Leap (press release)September 1, 2011

Chris Balalovski, Perpetual Private Clients Head of Strategic Advice, talks about the importance of asset protection in today's environment. What is asset protection and why is it important? Asset protection is about using sophisticated and legally ...more »

Environmental Law
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Ex-President Clinton: Green movement needs money
Wall Street JournalSeptember 20, 2011

It was the first renewable energy company to receive a loan guarantee under a stimulus law program to encourage green energy and was frequently touted by the Obama administration as a model. Rising seas are a matter of life and death for small island ...more »

Wills & Probate
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Bill's Roundup: Keep Your Kids Safe
Prescott eNewsSeptember 19, 2011

Prescott Police will be taking a zero tolerance stance on violations against these laws. Police are reminding residents for the best possible protection, keep infants in a rear facing child safety seat in the back seat for as long as possible. ...more »

Family Law
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FAMILY LAW: Same-sex marriage — be careful what you wish for
Wisconsin Law JournalSeptember 12, 2011

Some of these benefits can be extended by a domestic partnership law enacted by an individual state. Others, particularly those involving federal law like retirement plan divisions and Social Security benefits, cannot be extend without amendments to ...more »

Workers Compensation
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Ohio to commemorates 145 workers who died on job
Houston ChronicleSeptember 2, 2011

COLUMBUS, Ohio (AP) — Nearly 150 workers who died on the job over the past year have been honored in a Labor Day-related event held by the agency that oversees the state's insurance fund for injured workers. Ohio Bureau of Workers' Compensation Bill ...more »

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