Legal Book » state

Was Penn State’s GC Counsel for University Officials?

admin — Fri, 03 Feb 2012 23:01:17 +0000

In-house lawyers understand that they’re hired to represent the entity that issues their paychecks, not the executives and staff. But as evidenced by the testimony of two Penn State University officials, a company’s lawyers and constituents can understand the relationship differently.

Penn State Insurer Seeks to Limit Coverage in Sandusky Sex-Abuse Case

admin — Thu, 02 Feb 2012 07:40:28 +0000

An insurance company for Penn State has asked a Philadelphia court to declare it should not have to provide coverage or pay the university’s defense costs in a suit stemming from the Jerry Sandusky sex abuse scandal, unless the abuse in the underlying case began in what appeared to be a narrow time frame.

Lawyer Sued Over YouTube Video Can’t Fight Back With Anti-SLAPP Law

admin — Tue, 31 Jan 2012 07:15:21 +0000

It’s the medium, not the message, that did in Ropers Majeski partner Thomas Clarke Jr. A California appeal court has ruled that, by posting a YouTube video in which he solicited plaintiffs for a class action, Clarke opened himself up to a defamation suit and can’t use the state’s anti-SLAPP law to ward it off.

State Court Funding Woes a Nationwide Problem, Panel Says

admin — Fri, 27 Jan 2012 04:21:06 +0000

Addressing New York State Bar Association members this week, the president of the ABA praised the bar’s recent report detailing the impact of $170 million in cuts in the 2011-12 court budget.

Financial Crimes, Trade Enforcement Targeted in State of the Union

admin — Thu, 26 Jan 2012 07:22:42 +0000

In his State of the Union address Tuesday night, President Obama announced the creation of two new law enforcement units, one targeting financial crimes, the other unfair trade practices. Both announcements drew applause, though it’s not entirely clear how the initiatives will differ from existing efforts.

Supreme Court, Legal Issues Stay Out of the Spotlight at State of the Union

Master — Wed, 25 Jan 2012 07:59:44 +0000

Two years ago, President Obama made headlines at his State of the Union address by calling out the high court for its Citizens United decision, with six justices watching as he spoke. Tuesday, with jobs and the economy taking center stage, Obama and the cameras largely ignored the five justices in attendance.

Settlement reached late last night in Risperdal whistle-blower litigation

admin — Sat, 21 Jan 2012 09:40:26 +0000

Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson, will pay $158 million to settle litigation filed by the state of Texas and a whistleblower over allegedly false marketing of the anti-psychotic drug Risperdal for Medicaid patients.

Report Finds Budget Cuts Result in ‘Substantial Harm’ to Courts

admin — Fri, 20 Jan 2012 06:02:24 +0000

Budget cuts imposed on New York’s state’s judiciary in 2011 have been “substantially harmful and far-reaching” to the operations of the courts, the New York State Bar Association concludes in a new report based on observations by litigants, lawyers and others.

Penn State General Counsel Steps Down, Leaving Scandal Behind

Master — Wed, 18 Jan 2012 07:07:09 +0000

Penn State University has announced that Cynthia Baldwin, who has held the position of general counsel, vice president and chief legal officer since January 2010, is stepping down from what the school calls a “transitional role” as the university’s first GC.

10th Circuit finds Sharia ban is ‘likely unconstitutional’

admin — Wed, 11 Jan 2012 07:03:33 +0000

The 10th Circuit has upheld a preliminary injunction barring enforcement of an Oklahoma ballot initiative that banned the practice of Sharia law, the religious law of Islam. A trial judge granted the injunction in a constitutional challenge brought two days after the state’s voters approved the initiative last November.

10th Circuit finds Sharia ban is ‘likely unconstitutional’

admin — Wed, 11 Jan 2012 07:03:33 +0000

10th Circuit finds Sharia ban is ‘likely unconstitutional’

admin — Wed, 11 Jan 2012 07:03:33 +0000

Parts of Alcoholic Beverage Code Unconstitutional, Judge Rules

admin — Sat, 07 Jan 2012 07:10:06 +0000

A Texas federal judge has declared portions of the state Alcoholic Beverage Code unconstitutional as they apply to the advertisement and labeling of beer. Calling the issue “anything but ‘dry,’” he wrote that “this Court would never be so foolish as to question the sincerity of Texans’ interest in beer.”

Pressing Bar Admission Fight, Notorious Fabulist Stephen Glass Hires High-Profile Appellate Team

Master — Wed, 04 Jan 2012 12:39:05 +0000

Stephen Glass, the disgraced former journalist fighting to be admitted to the California State Bar, has brought in new appellate lawyers to make his case to the state’s highest court. They’re making that case aggressively, accusing the State Bar of committing ethical lapses and putting Glass in an unfair catch-22.

Montana Supreme Court defies Citizens United ruling

Master — Wed, 04 Jan 2012 12:39:01 +0000

The Montana Supreme Court has issued a blistering rebuke to the U.S. Supreme Court, rejecting its landmark decision giving corporations the right to make independent campaign expenditures. The state high court ruled that banning such spending is justified given Montana’s long history of businesses corrupting the state’s political process.

In Annual Report, Roberts Defends Supreme Court Ethics Procedures

Master — Mon, 02 Jan 2012 22:15:24 +0000

Chief Justice John Roberts Jr., in his year-end report on the state of the federal judiciary, offered a vigorous defense of the Supreme Court’s handling of ethical issues. He also said he has “complete confidence in the capability of my colleagues to determine when recusal is warranted.”

After Reconsideration, Circuit Reinstates Murder Conviction

admin — Wed, 28 Dec 2011 10:03:11 +0000

Four months after ordering the release of a man who killed his wife, the 2nd Circuit has reversed itself “after much reflection” and yielded to the “double deference” the U.S. Supreme Court says is owed the state courts on habeas petitions.

Mass. state court says Web site confers personal jurisdiction over French company

admin — Wed, 28 Dec 2011 10:03:08 +0000

In a case of first impression, a Massachusetts state court has ruled it has jurisdiction to hear a case against Salomon S.A.

Lack of Parental Consent Can’t Bar Judicial-Sanctioned Abortion

admin — Sat, 24 Dec 2011 03:45:05 +0000

A Pennsylvania court cannot deny judicial authorization to a minor for an abortion purely because the minor did not receive parental consent for the abortion, the state Supreme Court has ruled, vacating a lower court’s denial of an application for “judicial bypass.”

Judge Green-Lights AstraZeneca Suit Against South Carolina AG over Hiring of Contingency Fee Firms

Master — Fri, 23 Dec 2011 02:48:48 +0000

A judge in South Carolina has refused to dismiss a suit against the state’s attorney general over his hiring of three private firms in off-label marketing litigation against AstraZeneca Pharmaceuticals. AstraZeneca is not alone in challenging an attorney general’s use of private lawyers in a suit seeking only penalties.

Panel Upholds Conviction of Ousted State Senator

admin — Wed, 21 Dec 2011 08:24:11 +0000

A New York appeal panel has upheld the misdemeanor assault conviction that led to Hiram Monserrate’s expulsion from the state Senate, ruling that the evidence was legally sufficient to establish that he committed third-degree assault when he slashed his girlfriend with a broken glass and dragged her by the hair.

Senate Confirms Obama Nominee to Ninth Circuit

Master — Sat, 17 Dec 2011 05:58:54 +0000

Alaska Supreme Court Justice Morgan Christen on Thursday became the second of President Obama’s 9th Circuit nominees to win Senate confirmation. Christen was considered a noncontroversial pick, carrying a sliver of conservative credibility because then-Gov. Sarah Palin named her to the state Supreme Court.

Judge Throws Another Wrench in California Administration of Death Penalty

admin — Sat, 17 Dec 2011 05:58:46 +0000

California’s balky death penalty system lurched to another halt Friday when a state trial court judge, in a tentative ruling, rejected the state’s latest lethal injection protocol as invalid and found the state’s rationale for the three-drug procedure inadequate.

Ninth Circuit Nominee Questioned About Work on Arizona Case

Master — Wed, 14 Dec 2011 05:58:01 +0000

A day after the Supreme Court took up Arizona’s tough immigration laws, Sen.

Sandusky’s Accusers Set to Testify Anonymously

admin — Tue, 13 Dec 2011 09:06:57 +0000

For Jerry Sandusky, the former Penn State assistant football coach who has publicly maintained his innocence amid allegations that he sexually abused at least 10 minors, this week’s preliminary hearing reflects his attorney’s first chance to gather information from the alleged victims under oath.