Category: Lawyering

Obama Moves to Change Law to Avoid Supreme Court Ruling on Withheld Detainee Photos

225px-official_portrait_of_barack_obamatorture -abu ghraibPresident BarackN Obama, the world’s newest Nobel peace laureate, is again expanding on the policies of former President George Bush and fighting to conceal evidence of U.S. torture and abuse. As did the Bush Administration, the Obama Administration is seeking to change the law after courts rejected its absurd argument that the President can withhold photos of detainee abuse simply because they are embarrassing to the United States. Democrats in Congress are assisting in the effort to try to stop the Supreme Court from considering the issue by preempting the litigation.

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The Wedding Crasher: Women Sues Bride’s Brother and Hyatt for Fall at Wedding

200px-Wedding_crashers_posterThanks to one of my torts students, we have another interesting “dram shop” case. In New Jersey, Christine Mancision has filed a lawsuit after she was hurt by the drunken brother of the bride, Mary Graeber, at a wedding. James Graeber apparently is well named. He grabbed Mancision on the dance floor and ultimately knocked her down, causing her to break her wrist and requiring the insertion of a metal plate to reconstruct the wrist. However, she is not just suing Graeber but Hyatt Hotels Corp. for another $1 million in damages under New Jersey’s “dram shop” law.
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Sotomayor Joins Conservative Colleagues Over Possible Constitutional Claims by Corporations in Class Action Cases

250px-Sonia_Sotomayor_in_SCOTUS_robeIn light of today’s column on cases testing Sotomayor’s views (and possible alliance with conservatives in key areas), this story may be of some interest. Sotomayor joined Chief Justice john G. Roberts, Jr. and Justice Anthony Kennedy in raising concerns over whether courts are violating the constitutional rights of corporations in class action cases.
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Attorney Orly Taitz Fined $20,000 for Frivolous “Birther” Litigation

orly2The bill is in for Orly Taitz, the California lawyer leading the “Birther” litigation: $20,000 for sanctionable conduct. U.S. District Court Judge Clay Land previously issued a stern warning to attorney Orly Taitz and others in the so-called “birther” campaign: do not file another such “frivolous” lawsuit or you will face sanctions. Land threw out the lawsuit filed on behalf of Capt. Connie Rhodes who is an Army surgeon challenging her deployment orders due to President Barack Obama’s alleged ineligibility to serve as President. Land (a Bush appointee) noted that “[u]nlike in ‘Alice in Wonderland,’ simply saying something is so does not make it so.” In the most recent order, Land said that Taitz’s conduct “borders on delusional.”

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Murder, She Spoke: Court Overturns Convictions Due to Prosecutors Use of Defendant’s Nickname “Murder”

gavel2There is an important decision out of the United States Court of Appeals for the Second Circuit where the conviction of Laval Farmer was overturned due to the prosecutors’ repeated use of his nickname “murder.” After all, his nickname is not “Attempted Murder” Farmer, which is what he was tried for. My only regret is that he was not represented by Richard “Racehorse” Haynes so that the prosecutors could have told the jury not to let “a race horse clear murder.”
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The Pediatric Perry Mason: Illinois Attorney Nails 11-Year-Old Who Tried to Save Public Library Staff

nicubunu_open_mouthCriminal law attorney Constantine “Connie” Xinos bagged a trophy worth bragging about: nailing 11-year-old Sydney Sabbagha for trying to defend the staff of the public library of Oak Brook, Illinois. This Pediatric Perry Mason moment was a matter of some pride for Xinos, who told a reporter “I wanted that kid to lose sleep that night.”
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Defaming Uncle Joe: Stalin Family Sues Newspaper for Portraying Stalin as Stalinistic

stalinIt turns out that the correct meaning of ‘Stalinistic” is kind, family-oriented, and greatly loved. Or, at least that is the view expressed in a Russian court by Joseph Stalin’s grandson, Yevgeny Dzhugashvili. (Stalin’s given name was Joseph Dzhugashvili). He is suing opposition newspaper Novaya Gazeta for publishing declassified death warrants from the period and offering an unvarnished account of the atrocities under Stalin.
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Obama Wins Nobel Peace Prize

225px-official_portrait_of_barack_obamanobel-medal_thumbnail_0President Barack Obama has won the 2009 Nobel Peace Prize. It is a great honor for this country and for the President. For civil libertarians, however, the prize is a bit of a mixed message. Obama has blocked any investigation of war crimes or torture in violation of international law. He has also supported the limitation of free speech to allow the criminalization of criticism of religion. With less than a year in office, the selection may send the wrong message to Obama that personality rather than principles succeed in both domestic and international politics.
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Nine Lives: Air Controller Heard Joking About Dead Cat Just Before Air Collision

180px-AeroportoGuarulhos_TorreInterno180px-PA44180The FAA has released a disturbing tape (below) of an air traffic controller who is heard over a flight recording joking about a dead cat with a female friend as a small plane and tourist helicopter collided in midair — killing nine.

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Former Alabama Judge Faces Trial This Week For Allegedly Spanking and Sexually Assaulting Inmates in Chambers

art.judgeWe have been following the bizarre case of former Mobile County Circuit Judge Herman Thomas who is accused of ordering the male inmates be brought to his chambers where he would spank them and have sex with them. With the judge facing trial on various criminal charges, the case took another strange turn when a former inmate charged in a lawsuit that his former attorney coerced him into testifying against the judge. The case of Willie Pearson was dropped after he accused attorney Joe Kulakowski of threatening him. However, the prosecutor insists that the other cases will proceed as planned for trial.
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Father Faces Jail Sentence For Giving Seven-Year-Old Son A Quarter-Sized Tattoo

46949345-265x198bulldog-tattoo1-450x277There is a bizarre case out of Fresno California where Enrique Gonzalez faced lifetime imprisonment for “aggravated mayhem and street terrorism” because he allowed his 7-year-old son to have a quarter-sized tattoo on his right hip. While Fresno County Superior Court Judge Hillary Chittick wisely rejected the excessive charge of mayhem by the prosecutors, he still faces years in jail for cruel and inhumane treatment of a child.
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Sex Offender Sleepover: Counselor Arrested After Allegedly Taking Teenage Sex Offender Home to Have Sex

180px-Handcuffs01_2003-06-02When a 17-year-old sex offender escaped from a juvenile treatment program in Baltimore County, many wondered where the counselors were at the time of the escape. Well, police say that one counselor never let him leave her sight. Tyra M. Greenfield, 26, was arrested after allegedly allowing the boy to stay at her house and having sex with the sex offender. Not quite the approach recommended by the manual on sex offender counseling. The charges, however, are interesting.
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Stocking Snuffer: California Man Allegedly Tries to Hire Hitman to Kill Ex-Girlfriend on Videotape To Watch Over Christmas

6a00d8341c630a53ef011570e5758f970b-800wiMark Alan Jarosik, 43, believes it is never too early to shop for Christmas. He was arrested in California for trying to hire a man to kill his ex-girlfriend and to videotape the murder . . . so he could watch it over the Christmas holiday.
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