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Court won't review Fla. Pledge of Allegiance law
Topics in Legal News | 2009/10/05 14:30

The Supreme Court has rejected an appeal to review a Florida law that requires public school students to recite the Pledge of Allegiance each day unless they have their parents' written permission excusing them.

The justices declined Monday an appeal filed by the American Civil Liberties Union of Florida on behalf of a high school student removed from his math class because he remained seated during the pledge.

A federal appeals court upheld most of the law. The ACLU said that ruling, if left undisturbed, would undermine the Supreme Court's 1943 ruling that schoolchildren could not be forced to salute the flag and say the pledge.

Florida argued that the law, by giving parents the right to have their children excused, does not violate the First Amendment.



Madoff trustee sues Madoff family for almost $200M
Topics in Legal News | 2009/10/02 15:46

President BaracBernard Madoff's brother, sons and a niece used the family finance business like a "piggy bank," a court-appointed trustee charged Friday as he demanded in a lawsuit that they return almost $200 million in money to be distributed to cheated investors.

The trustee, Irving Picard, sought $198.7 million from Madoff's brother, Peter, who had worked at Madoff's Manhattan investment company since 1965, and sons, Mark and Andrew.

Also sued was Shana D. Madoff, Bernard Madoff's niece and Peter Madoff's daughter.

Lawyers for the Madoff's brother and sons did not immediately return a phone call for comment. A message for comment left at Shana Madoff's East Hampton home was not immediately returned.

Lawyers for Picard said in papers filed in U.S. Bankruptcy Court in Manhattan that Madoff's family-run business "was operated as if it were the family piggy bank."

They said each of the family members withdrew huge sums of money to fund personal business ventures and to pay for expenses ranging from multimillion dollar homes, cars and boats to monthly credit card charges for restaurants, vacations and clothing.

The lawyers said $141 million identified as fraudulent proceeds were received by the family members in the six years before Madoff surrendered and revealed his plot last December while at least $58 million was received in the last two years.



Lawsuit Alleges ER Doctor Let Man Die In Order to Steal His Rolex
Topics in Legal News | 2009/09/28 10:24
A jaw-dropping lawsuit filed last week in San Francisco Superior Court alleges an emergency room doctor abandoned his attempts to resuscitate a patient from cardiac arrest to instead pocket the dead man's valuable Rolex wristwatch.

The suit, filed by the adult children of Jerry Keith Kubena, Sr., alleges that Dr. Cleveland James Enmon on June 1 "formed the intent" to swipe the Rolex from Kubena's wrist while treating the man at St. Joseph's Medical Center in Stockton (as this is a subsidiary of San Francisco-based Catholic Healthcare West, the lawsuit was filed here).

After Kubena went into cardiac arrest, "Defendant Enmon assumed responsibility for resuscitating descendant [Kubena]," reads the suit. "Once defendant Enmon formed the intent to steal decedent's watch, he abandoned his efforts to resuscitate decedent, leaving decedent to die so that he would not be around to reclaim his watch."

According to the suit, Enmon's alleged theft was as clumsily executed as it was heartless:

The nursing staff assisting Enmon soon noticed that Kubena's flashy timepiece was missing; "Where is the wristwatch?" the suit quotes one as uttering. Two more nurses allegedly noticed a wristwatch-shaped bulge in the doctor's pocket. Security was called to investigate the disappearance. Defying security's orders, the lawsuit notes Enmon walked out of the operating room and into the parking lot -- a move caught on hospital security cameras.


Parmalat lawsuits against BofA, auditor dismissed
Topics in Legal News | 2009/09/21 12:38

NEW YORK (Reuters) - A U.S. federal judge in Manhattan has dismissedthree Parmalat SpA fraud lawsuits against Bank of America Corp and theauditing firm Grant Thornton LLP over their roles in the Italian dairycompany's 2003 collapse.

Friday's ruling by U.S. District Judge Lewis Kaplan is a setback forParmalat and its chief executive Enrico Bondi, who has filed dozens oflawsuits against banks and auditors, including Citigroup Inc and theauditor Deloitte Touche Tohmatsu, for helping prior management loot thecompany.

Parmalat said in a statement that it believed the decision was erroneous, and that it intends to appeal.

Burdened by about 14 billion euros ($20.6 billion) of debt, Parmalatfiled for insolvency protection in Italy in December 2003. It collapsedafter uncovering a 4 billion euro ($5.9 billion) hole in its balancesheet. Parmalat was restructured and relisted on the Milan bourse in2005, and Italian prosecutors filed criminal charges against variousexecutives.

In the current cases, Bondi and the unit Parmalat Capital FinanceLtd each sued Grant Thornton, accusing it of helping set up faketransactions to help insiders steal from the company.

Parmalat Capital made similar claims in a separate lawsuit againstBank of America, over transactions it said also generated more than$800 million for the Italian company.

The defendants argued, however, that they should prevail under alegal doctrine that prevents a company from recovering for its ownfraud.

In his 45-page opinion, Kaplan said Parmalat and Parmalat Capitalofficers had been acting within the scope of their employment when theyengaged in a "massive fraud" that ended with the company's collapse.

He rejected the plaintiffs' argument that the officers' "looting andsquandering even a small portion of corporate assets" would create anexception to the rule, and allow the new Parmalat to recover for theold Parmalat's wrongdoing.



New Mexico Turns Corner On Drunk Driving
Topics in Legal News | 2009/08/03 09:08
The Los Angeles Times reports that California DUI arrests could be down, if only they copy what's been implemented just a few states away.

New Mexico, which led the nation in alcohol-related crash rates for years, in 2005 became the first state to require the interlock for every convicted drunk driver. The interlock legislation has been the centerpiece of the state's sweeping anti-drunk-driving efforts, which include more sobriety checkpoints, tougher mandatory sentencing laws for driving while intoxicated, and the creation of the nation's first DWI czar.

The initiatives have paid off.

New Mexico, home to high rates of alcohol abuse and miles and miles of open road, is now ranked 25th in alcohol-related fatal crash rates and is expected to place lower when the latest rankings are compiled later this year. From 2004 to 2008, the number of DWI fatalities here dropped 35%, from 219 to 143.

If you're looking for a DUI defense attorney, turn to Los Angeles DUI lawyer Michael Bialys. He can help you understand why to hire a DUI defense attorney and show you how he can help. Contact him to set up a consultation.


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