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Eunice Kennedy Shriver Dies

August 11th, 2009 by Dana Altman

Eunice Kennedy Shriver has died at the age of 88 at a Cape Cod hospital, after suffering a series of strokes. She was a sister of President John F. Kennedy and Sens. Robert F. Kennedy and Edward M. Kennedy, and the fifth of nine children born to Joseph P. Kennedy and Rose Fitzgerald Kennedy. Shriver was the founder of the Special Olympics and devoted herself to helping those with mental disabilities.

In a 1962 article in the Saturday Evening Post, Shriver revealed that her older sister, Rosemary Kennedy, was developmentally disabled. Rosemary had been institutionalized since the age of 23. Her father arranged for her to have a prefrontal lobotomy in 1941, an experimental operation which destroyed part of her brain, leaving her in an infantlike state. She was later kept out of sight at other institutions snd secluded from her family. Shriver’s candor about her sister helped raised awareness about proper treatment for those with mental disabilities.

In 1982, Shriver founded the Community of Caring, an organization devoted to at-risk teens. Their work focuses on issues such as preventing teenange pregnancy, drug and alcohol abuse, and encourages teens to stay in school and develop proper values. Shriver’s political activism on behalf of those who are mentally disabled and at-risk teens helped earn her the Presidential Medal of Freedom in 1984, the nation’s highest civilian award.

Source: http://www.washingtonpost.com/wp-dyn/content/article/2009/08/11/AR2009081100689.html?hpid=topnews&sid=ST2009081101304

Second Music Download Case Goes to Trial

July 29th, 2009 by Dana Altman

A Boston University student, 25 year-old Joel Tenenbaum, is on trial in a lawsuit brought against him by the recording industry. He is accused on illegally downloading and distributing music online. Although only 30 songs are at issue in the case, the plaintiffs claim Tenenbaum has downloaded and distributed thousands of songs online.

Tenenbaum is represented by Harvard law professor Charles Nesson. Last month, in the first music downloading case to go to trial, a federal jury awarded $1.9 million in damages against a Minnesota woman for copyright infringement.

Source: http://www.breakinglegalnews.com/entry/Lawyer-defends-song-swapper-in-Mass-download-case

Court Upholds $14 Million DUI Verdict Against Bar and Bartender

July 21st, 2009 by Dana Altman

A Washington court has upheld a $14 million award against the bar and bartender that served a patron who later left the bar and caused a fatal accident. Under a state dram shop law, bars can be liable to victims for “negligent overservice”, by serving alcohol to visibly intoxicated patrons who later injure others.

The bartender was the girlfriend of the drunk driver, Hawkeye Kinkaid, who was killed in the crash. The other car’s driver and all of its passengers were injured, included a 7-year old who was left a paraplegic. It was estimated that Kinkaid drank the quivalent of 21 12-ounce beers or 30 ounces of 80-proof alcohol and had a blood alcohol content of .32 at the time of the collision. At issue on appeal was whether the plaintiff needed to provide specific “point-in-time” evidence that Kinkaid seemed drunk when the bartender served him. However, the Washington Supreme Court disagreed, since the bartender admitted to others that Kinkaid seemed too tipsy to drive and eventually refused to serve him any more alcohol.

Source: http://www.breakinglegalnews.com/entry/14-million-DUI-award-restored-in-Washington-state

Illinois Supreme Court Lifts Injunction Against Parental Notification for Abortion

July 15th, 2009 by Dana Altman

The U.S. Court of Appeals for the Seventh Circuit has lifted an injunction against enforcement of the Parental Notice of Abortion Act of 1995, which was ordered by the U.S. District Court for the Northern District of Illinois. The Seventh Circuit court found that the notification law was unconstitutional since it did not allow the judge to waive notification in cases of minors who are mature or who would face a greater risk of harm by such notification. The appellate court noted the law allows state judges to waive the notice requirement if doing so would be in a minor’s best interest. The court also noted the open nature of the statutory language, which it explained did not require judges to consider both the maturity and the interests of the minor. It also pointed out that minors lacking the maturity to consent to an abortion are provided for under the statute.

Because Illinois was the only state in the region without an active parental notification law for minors seeking abortions, pro-life groups had argued that minors from surrounding states would travel to Illinois seeking abortions. Currently, there are 35 other states with parental notification or permission laws for minors to obtain an abortion.
Source: http://jurist.law.pitt.edu/paperchase/2009/07/7th-circuit-dissolves-injunction.php

Rhode Island Passes Law Allowing Selling and Growing of Marijuana

July 7th, 2009 by Dana Altman

In defiance of federal law, Rhode Island is on track to have marijuana crops legally culivated and distributed as early as next fall. New Mexico also has a state-sanctioned program for distributing marijuana to medical patients, but has yet to issue any permits since the law’s passage in 2007. California has had legislation governing medical marijuana use for the past 13 years.

The Obama administration has taken a more lenient position toward a state’s ability to pass medical marijuana legislation. Attorney General Holder indicated in February that the DEA is no longer going to target and harass state compliant medical cannabis providers in states that adopt medical cannabis laws. Also, the executive branch issued a memorandum, entitled “Pre-emption”, to all federal agency heads, in effect instructing them to no longer oppose states seeking greater autonomy to pass laws that may possibly be in conflict with federal laws, and to only oppose them if there is a positive conflict with federal laws resulting in genuine risks to national security.

Source: http://jurist.law.pitt.edu/hotline/2009/07/rhode-island-challenges-federal-ban-by.php

Madoff Sentenced to 150 Years

June 30th, 2009 by Dana Altman

U.S. District Court for the Southern District of New York Judge Denny Chin gave Bernard Madoff the maximum sentence of 150 years for 11 counts of securities fraud. Madoff has pled guilty to the charges involving a multi-billion dollar Ponzi scheme. In court, Madoff made a statement apologizing to his victims.

Chin issued a restraining order on more than $100 million in Madoff’s assets in April to prevent them from going into bankruptcy. A federal bankruptcy judge was also appointed as an interim trustee to managr Madoff’s assets ahead of legal action by victimized investors. In February, Madoff agreed to a partial judgment with the SEC. The SEC had brought civil charges to get a preliminary injunction and asset freeze against him.

Source: http://jurist.law.pitt.edu/paperchase/2009/06/madoff-sentenced-to-150-years-for-fraud.php

U.S. District Court Rules Against NYC Green Taxi Laws

June 23rd, 2009 by Dana Altman

U.S. District Court Judge Paul A. Crotty ruled that New York City’s attempts to force taxicab owners to buy fuel-efficient hybrid taxicabs were preempted by federal law. While the judge praised the city’s efforts, he cautioned against interfering with the exclusive jurisdiction of Congress to legislate mileage and emissions standards.

Last October, regulations requiring taxicabs to be fuel-efficient by 2012 were also invalidated due to being pre-empted by federal jurisdiction. The latest attempt by the city would have allowed cab companies to charge higher rental rates to drivers of hybrid cars, while rental rates would decrease over two years for companies with gas-guzzling taxis.

Source: http://www.breakinglegalnews.com/category/Breaking%20Legal%20News




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