Monday, May 10, 2010

NY Judge: Torture no grounds to dismiss indictment - Yahoo! News

This article is about a Guantanamo Bay detainee brought to the United States for trial on charges he helped the bombing of two U.S. embassies in Africa while he was an aide to Osama bin Laden. He is claiming that he was tortured by the CIA and wants the indictment dismissed. I may not agree with all of the interrogation methods used by the CIA, but I have zero sympathy for terrorists.


NY Judge: Torture no grounds to dismiss indictment - Yahoo! News

Calif. woman pleads guilty in death of girl, 8 - Yahoo! News

I can't believe this woman got a deal! This article is about Melissa Huckaby, a California Sunday school teacher accused of kidnapping, raping and killing an 8-year-old playmate of her daughter, then stuffing the body in a suitcase who pleaded guilty Monday to murder. Even though she had other charges on her record, she was still able to get current charges of rape and lewd conduct with a child under 14 dropped, in addition to previous charges relating to 2 other cases! I find this absolutely disgusting!


Calif. woman pleads guilty in death of girl, 8 - Yahoo! News

Sunday, May 9, 2010

Alleged pimp in Lawrence Taylor case charged

http://www.cnn.com/2010/CRIME/05/07/lawrence.taylor.rape.case/index.html


I chose this article because we talked about mirepresentation of age in chapter 9. Lawrence Taylor is an ex-NFL player with a criminal past. It is alleged that he had sex with a minor. This article adds a few details the story:

1.) The girl lied about her age
2.) According to his lawyer, LT didn't have sex with anyone

If it is proven that he did indeed sleep with her, I feel as though he should be punished whether she is legal or not just for being involved with prostituion. As for the statutory rape, I think he should get punished for that too. In this day and age, if you're irresponsible enough to have sex with someone you don't know, you better be prepared deal with the consequences.

Key hearings this week in Casey Anthony's murder trial

http://www.cnn.com/2010/CRIME/05/09/florida.casey.anthony.court/index.html

I picked this article because its a case I think we're all familiar with. For those of you who have been living under a rock, Casey Anthony has pleaded not guilty to the murder of her 2 year old daughter Caylee. The story was huge back in June 2008 when Caylee was considered a "missing child" and Casey was repeatedly caught in lie after lie. December of that same year Caylee's body was found within a mile of the Anthony home. The hearings this week will decide whether or not Casey is facing the death penalty.

In her case, I hope they don't cut her ANY slack. I'm not a death penalty advocate, but I cannot honestly say that life in prison is enough of a punishment.

Friday, May 7, 2010

Nokia vs. Apple... Again

The company Nokia is suing the Company Apple for infringing patents in the IPad and the new IPad 3G that is being released. The two companies have been feuding over patents for quite some time now and this IPad/IPad 3G is the latest lawsuit. The latest issue is Nokia feels that Apple is stealing new technologies that will enhance speech and data transmission. Technology advances so quickly and although Nokia might have a patent with certain things, maybe Apple comes up with certain aspects of technology that are slightly different for their products. I'm sure it happens with technology and electronics quite a bit. It has been such an ongoing thing with these two companies and Nokia keeps going on with it! I have posted a link below to fill you guys in on the issues involved with the two companies.

http://www.cnn.com/2010/TECH/05/07/nokia.sues.apple.mashable/index.html?section=cnn_latest

Paralyzed Man Sues Bar Being Too Drunk

A man in Vancouver is suing a resort because they served him too much alcohol which leads him to become paralyzed due to a drunken fall. Daniel Holt, 26, became legally paralyzed after falling down a staircase at Canada’s Whistler Mountain resort after being served too much to drink. Holt’s lawsuit that was filed in British Columbia Supreme Court said that the workers at Whistler’s resort served too much alcohol at a party that left Holt to be in “unsafe conditions.” Although there is no evidence that Holt was drinking at the party, he was at the top of a staircase with a number of people and fell from the staircase on to a concrete landing.

Holt’s lawyers believe that he should get reimbursed for his medical conditions and also that Whistler should be held responsible. Slips and falls are jurisdictional specific, it vary within different states and countries. Holt can win the case if the stairway he was standing above was an unforeseeable dangerous condition in which Whistler would be liable for. Although, since Holt is also holding Whistler liable for his drunken condition, I’m not sure if that’ll pass as he plans. I believe that you can not sue for being too drunk, but, the liquor license can be held liable. In order to prove that the bartenders at the bar were not paying attention to their customers need to proven by witnesses. It is very hard to prove the negligence of the bartenders and attendants. It’s really sad that Holt fell and hurt himself to that extreme, I’m not sure if he could really have the bar to blame.

http://www.upi.com/Top_News/International/2010/05/05/Paralyzed-man-sues-Whistler-resort/UPI-38811273089022/

Wednesday, May 5, 2010

Twin's court appearance for brother makes for double trouble

http://www.cnn.com/2010/CRIME/05/04/florida.twin.trial/index.html?hpt=Sbin

I chose this article because I thought it was funny! I can't believe that these men would be so stupid as to think they could fool the courts! I think it was very admirable for "Matthew's" attorney to come forward right away when he knew that his "real" client was not present in court. He could have ignored that weird feeling that he was getting but he didn't he acted on his gut instinct and did the right thing. I'm sure if he didn't follow his instinct he would have also been in some trouble as well. I just don't understand people today! People think they can do things but they don't THINK! These brothers deserve everything that was given to them for being so deceitful.

Third Wrongful-Death Suit Filed Over Oil Rig Explosion

Is Transocean liable in for workers killed or injured?

Workers who died or were injured as a consequence of the recent oil rig explosion are filing suit against Transocean Ltd. "The lawsuit alleges that the Deepwater Horizon was unseaworthy, that it wasn't properly maintained and that those who oversaw its operations failed to meet federal safety standards."

http://finance.yahoo.com/news/Third-WrongfulDeath-Suit-law-1280428024.html?x=0

Vermont slaughterhouse cleanup bill stalls

More about laws and regulation affecting businesses -- in this case, the meatpacking industry in Vermont.

A Senate-passed bill would sharply increase fines and penalties for slaughterhouse abuses and calls for repeat offenders to be shut down permanently. However, the bill is unlikely to pass this year. State Agriculture Secretary Roger Allbee said in an interview that the bill "likely would severely harm a fledgling slaughterhouse industry his agency has been trying to promote as more Vermonters appear interested in buying locally grown meats."

These measures are in response to allegations that a Grand Isle slaughterhouse mistreate calves also had numerous food safety violations. "The issue emerged last fall when the Humane Society of the United States released video recorded by an investigator working undercover at the Bushway slaughterhouse. It appeared to show calves being skinned alive, having their throats cut while conscious, being kicked and shocked with an electric prod and other abuses."

http://finance.yahoo.com/news/Vermont-slaughterhouse-apf-1544255443.html?x=0

Peta Investigation Prompts Federal US Arrest Warrant For NZ Animal Dealer

http://www.voxy.co.nz/national/peta-investigation-prompts-federal-us-arrest-warrant-nz-animal-dealer/5/47392

Stemming from a Peta investigation, more than 26,000 animals have been seized from US Global Exotics. Owner Jasen Shaw is now on the run from the US government and is under investigation for numerous violations of US Lacey Act (a wildlife protection law), including smuggling, conspiracy, and aiding and abetting.

"Federal wildlife laws protect species from over-exploitation and ensure humane transport of live animals in trade," said Special Agent-in-Charge Nicholas Chavez, who oversees US Fish and Wildlife Service law-enforcement operations in the Southwest.

I picked this article because I'm obviously very interested in animal rights. Again, I hope this guy and his wife get the worst punishment possible. A few years back, I myself bought my dog from a pet store. Don't get me wrong I love her, but I should have done my research. This isn't a case about dogs, but knowing what happens to the exotics makes me agry that I put money in a petstore's hands. If you don't know anything about the illegal pet trade and are interested in buying a pet here's some more info: http://www.peta.org/pettrade/learn-more.asp

If you're looking to adopt try petfinder.com. There are literally thousands of pets waiting for you to take them home.
http://www.petfinder.com/pet-search?animal_type=&pet_breed=&location=19056&distance=0 (animals in bucks county, pa)

Police seize 31 cats from locked boxes

http://www.upi.com/Top_News/US/2010/05/05/Police-seize-31-cats-from-locked-boxes/UPI-62231273076590/


Here's another disgusting case of animal cruelty. Police found 31 cats in small, wooden, locked boxes. The boxes were screwed shut and had tiny vents (that served no purpose as the vents were covered by the boxes being stacked one on top of the other). Animal control seized all 31 cats and 2 dogs.

Of course the residents are only being misdemeanor, which doesn't surprise me at all. I've said it once and I'll say it again, we need harsher punishments for animal cruelty, stronger laws to protect animals, and more advocates to speak out on their behalf.

Grandma arrested for teen slap

http://www.upi.com/Odd_News/2010/05/04/Grandma-arrested-for-teen-slap/UPI-69641272992704/

An 18 year old girl went over to her grandmother's house to do homework. Instead of completing her assignments, she decided to repeatedly throw the "Fbomb" at her 73 year old grandmother. The grandmother alledges that the girl then proceeded to punch her in the face. Instead of the teen being arrested, the grandmother was. She said "she has to wait until her next court date, which has not been set, to find out if the charges against her will be pursued".

I picked this article because I thought it was hilarious. If I would have ever used the f-word in the presence of my grandmom, I probably would never see the light of day again. And if the cops came to arrest her, she probably would have been the one throwing fists. This whole case is stupid and I hope that the charges against the grandmother are dropped.

Tuesday, May 4, 2010

Lawyer calls lacrosse player's death an accident

This article deals with the UVA women's lacrosse player who was killed by an UVA men's lacrosse player and is being charged with first degree murder after his lawyer said the death was an accident. I chose this article because it is a very recent tragic event happening at the moment and also because it deals with people who around the age of most of us.

At first it was expected that her death was related with possible alcohol overdose but after further investigation it was found she was a victim of a lot worse. This is something that is definitely a nightmare in every girl's life because no one wants to be the victim of assault, abuse, or etc. at the hands of guy that they are friends with or even a stranger and this is obviously the situation that unfortunately occurred at the UVA campus.

http://www.cnn.com/2010/CRIME/05/04/virginia.lacrosse.yeardley.love/index.html

Wal-Mart to pay millions in waste case

More about corporate irresponsibility and liability:

"Wal-Mart Stores Inc. has agreed to pay $27.6 million to settle allegations that it improperly handled and dumped hazardous waste at stores across California..." and "officials have been looking into similar violations at other big-box stores, including a pending investigation into Target Corp. "

http://www.msnbc.msn.com/id/36918854/ns/us_news-environment/

Legislation in place to encourage businesses to be mindful of environmental hazzards include existing environmental laws, such as the Clean Water Act, Clean Air Act, RCRA and Superfund.

http://www.sbnonline.com/Local/Article/15107/82/181/Environmental_liability.aspx

WEST VIRGINIA MINING DISASTER - Tragedy Follows Inaction on Known Risks

In a recent, tragic West Virginia mining accident, twenty-nine people were killed. It has been said that an accident like this is preventable and should never have happened. The reason is this: following the disaster, it was revealled that the mine "was cited more than 50 times in the last month alone for uncorrected safety violations. 12 citations were for problems with ventilation and preventing methane gas buildup." It appears that this tragedy "was the result of a corporate refusal to correct known dangers."

http://www.productliabilitylawblog.com/2010/04/west_virginia_mining_disaster.html

Here's an interesting look at how tort laws vary in different states. As a consequence of a recent Ohio Supreme Court Case, "under current Ohio law, an employer is not liable for injuries or deaths to injured workers unless the employer specifically intended to injure or kill them--the same standard of proof required to prove a murder. This law was passed by the Ohio legislature in 2005 as part of 'tort reform' legislation." The reasoning behind this reform is that reducing the liability for businesses in this way produces a "predictable legal climate" in Ohio that is attractive to businesses. What do you think? Is this good practice to attract industry or a throwback to Upton Sinclair's "The Jungle?"

http://nwbullseye.blogspot.com/2010/04/west-virginia-mine-disaster-no.html

Federal Law to Limit BP Liability in Oil Spill?

"The Obama administration may have a tough time making British Petroleum pay for all the cleanup costs of the Gulf Coast oil spill. BP has agreed to pay those costs, but the law sets a liability cap for oil companies at $75 million. The cleanup costs and the losses for fisherman and other industries are expected to exceed that amount."

Will other industries or businesses, such as fishing, be able to sue BP for damages? Do oil companies have liability insurance for destruction to the environment that badly affects other businesses and individuals?

http://www.cbn.com/cbnnews/us/2010/May/Federal-Law-to-Limit-BP-Liability-in-Oil-Spill/

Apparently, BP had been asking fisherman to sign wiavers that would limit BP liability. Secretary of Homeland Security Janet Napolitano told "Good Morning America" today that it was unacceptable for BP to ask fishermen it hired to help with the cleanup of the Gulf oil spill to sign waivers that would limit the company's liability, and the practice is now stopped.

"They [BP] are going to pay for the federal government's cost, for the states and most importantly for the individuals and communities that are going to be most directly impacted," Napolitano said.

Unless it's over $75 million?

http://abcnews.go.com/GMA/oil-spill-spreads-gulf-bp-calls-liability-waivers/story?id=10536850

Sunday, May 2, 2010

Court: Wal-Mart gender pay lawsuit can go to trial

http://www.cnn.com/2010/CRIME/04/26/walmart.suit/index.html

I picked this article because it relates to Employer-Employee relationships that we discussed in Chapter 22. The articles is about the largest class-action employment lawsuit in U.S. history. A decision against Wal-mart could cost the retailer billions... It's sad that as a nation we've come so far with equailty and still discrimination remains...

Saturday, May 1, 2010

Family Returns Adopted Russian Son

A couple from Virginia adopted a severely disabled Russian child and has now sued the adoption agency saying “it deceived them.” The newspaper has recently reported that the couple is suing because of alleged misrepresentations concerning the adoption of their son Roman, who is 8 years old. The couple adopted Roman in 2004, and are filing a “complaint,” and or suit 4 years after adopting him. The couple has reported saying the due to the child’s intelligent level he requires attention all day and that it has destroyed their family. The family had made it clear in the beginning of the adoption process that they were willing to take care of child with mild disabilities. However, Roman was never cleared from any doctors of his condition. The court papers do have legal copies and recognitions of the conditions of Roman and how the family was unaware of how sever his condition was because of the lack of communication from the adoption agency.

At this point, I guess the family wants to return this child they were taking care of for over 5 years. I’m sure it will be very hard for the family to give up this child because of the emotional attachment they have towards each other. I feel the court will take in to consideration how Roman could have now been attached to his now parents and how it could be a negative effect for him if he is not with them anymore. If the child was so “severely disabled” he had to of showed actions early on the adoption. How has the family realized over four years later that the child’s condition is too much for them to handle?

http://www.upi.com/Top_News/US/2010/04/29/Russian-adoptee-allegedly-ruining-home/UPI-25831272574535/

Man Sues Company Over Vitamin D Overdose

Gary Null, a man from New York, has sued a New Jersey based manufacturer say he almost died from taking too much Vitamin D. Null is seeking $10 million from Triarco Industries Inc. over his Vitamin overdose that almost caused him death. Null had suffered from symptoms including pain and fatigue and continued taking the “Ultimate Power Meal” because he thought “it would help him and relieve his condition.” The overindulgence of this vitamin was taking over his body very negatively. According to his doctor, Null was ingesting 2,000 times the recommended dose of Vitamin D and 1,000 times what the “power meal” was suppose to contain.
Null can sue if the product (vitamin) was manufactured unsafely some how, although, if the “recommended dose” on the side of the packaging had advised not to take as much as Null did, that might not have a promising debate for Null. Although, vitamins and medications are different from products such as car brakes, seat belts, etc., there still is someone responsible behind the product.

http://www.upi.com/Health_News/2010/04/28/Health-guru-sues-over-Vitamin-D-overdose/UPI-27541272476523/