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Tuesday, October 5, 2010
Defendants 'Jumped' at Chance to Bomb, Prosecutor Argues
Defense in Insider Trading Case Challenges Wiretap Application
Panel Faults 'Cumulative' Trial Errors, Reverses Murder Conviction
Donovan Trails in Campaign Money Chase but Expects to Fill Gap
News In Brief
Justices Reject Lawsuit Demanding 'Proper Burial' for 9/11 Victims
Tuesday, October 05, 2010
LAW.COM Newswire Highlights October 5, 2010
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Prosecutorial Misconduct Is Rarely Punished, Says New Study
The National Law Journal
A report issued Monday by the Northern California Innocence Project at Santa Clara University School of Law found that of the 707 cases between 1997 and 2009 in which courts explicitly determined that prosecutors had committed misconduct, only six prosecutors -- 0.8 percent -- were disciplined by the State Bar of California. Sixty-seven prosecutors committed misconduct more than once and some as many as five times. The majority of those prosecutors were never publicly disciplined, the project said.
U.S. Supreme Court Begins New Era With 3 Women on Bench
The Associated Press
The U.S. Supreme Court began a new era Monday with three women serving together for the first time. Elena Kagan quickly joined in the give-and-take but, in a scene that will repeat itself in the coming months, she left the courtroom while the other justices remained to hear a case in which she will take no part due to her work as the Obama administration's chief lawyer prior to joining the Court. As the Court began its new term, it turned down hundreds of appeals, including one from relatives of victims of the Sept. 11 attacks.
Defense in Insider Trading Case Challenges Wiretap Application
New York Law Journal
Defense lawyers for a hedge fund billionaire charged with insider trading accused the government Monday of "gaming the system" by failing to advise the judge who approved the wiretaps that much of the evidence had been gathered in ways that made the electronic surveillance unnecessary. A lawyer for Galleon Group founder Raj Rajaratnam told a New York federal judge that during a yearlong joint investigation, the SEC and federal prosecutors had built a "conventional" insider trading case using "conventional" techniques.
Orrick, Akin Gump End Merger Talks
The American Lawyer
Just about one week since Orrick and Akin Gump publicly acknowledged being in early merger talks, the firms have announced in a joint statement that those talks are over. "Orrick and Akin Gump have mutually agreed to conclude preliminary discussions regarding the possibility of a merger," said the statement. "The firms appreciated the opportunity to have the discussions, which confirmed their mutual respect for one another. However, the firms have determined not to proceed."
Alleged Liaisons With Stripper Lead to Judge's Arrest on Drug, Gun Charges
Fulton County Daily Report
An FBI undercover investigation has led to the arrest of a federal senior judge on federal drug and gun charges stemming from alleged liaisons with an exotic dancer with a felony record, according to a complaint filed Monday in U.S. District Court in Atlanta. FBI agents arrested U.S. District Senior Judge Jack T. Camp after the judge and the exotic dancer -- who was working as a confidential informant with the FBI -- met with an undercover law enforcement agent to buy cocaine and Roxicodone, a prescription pain reliever.
In Fosamax Case, $8 Million Award Reduced and Attorney Sanctioned
New York Law Journal
A federal judge has sanctioned a plaintiffs lawyer and reduced the jury award in one of the bellwether cases in the MDL over the anti-osteoporosis drug Fosamax. The judge called the $8 million verdict returned by a jury in favor of plaintiff Shirley Boles "excessive" and gave Boles the option of either getting a retrial on damages or taking $1.5 million. Also, Boles' lawyer, Gary Douglas, was sanctioned $2,500 for conduct that included calling the conduct of the drug's maker, Merck, "reprehensible" and "disgusting."
Plaintiffs, Alleging Prudential Conspired With Their Lawyers, Try to Pierce Privilege
New Jersey Law Journal
Former Prudential Life Insurance employees who say the company bribed their lawyers to keep their bias claims out of court are seeking access to thousands of documents the company asserts are privileged. The plaintiffs claim that the documents fall under the crime-fraud exception, a statutory loophole in the attorney-client privilege for communications for legal services "sought or obtained in aid of the commission of a crime or fraud." The request was made in a motion by the attorney for 73 of the 234 plaintiffs.
Defendant's Story of 'Redemption' Sways Jury in DUI Case
Fulton County Daily Report
In a civil battle between a DUI driver who caused a car crash and the preacher who was the victim, a Georgia jury sided with the reformed drinker. The plaintiff asked for nearly $2 million in compensatory and punitive damages, but the jury came back with a verdict of about $20,000. Defense attorney Hilliard V. Castilla said jurors told him later they were moved by the "theme of redemption" in the story of Alexandrina Brown, a grieving woman who had turned to alcohol, then turned her life around after the crash.
Trial to Decide if Bank CEO Knowingly Made False Statements
Daily Business Review
When it comes to securities fraud litigation, the BankAtlantic Bancorp trial slated for jury selection Friday could be dramatic. If the trial moves ahead as scheduled, it will be only the 12th since Congress clamped down on shareholder lawsuits in 1995, attorneys in the case say. The jury will be asked to decide whether BankAtlantic Bancorp CEO Alan Levan's statements about nonperforming loans on the watch list at the bank with $4.6 billion in assets were intentionally false and deceiving.
Kilpatrick Stockton Merges With California's Bell Rosenberg
The Recorder
Fourteen-attorney Oakland, Calif., firm Bell Rosenberg has combined with Atlanta-based Kilpatrick Stockton, with all but four Bell lawyers joining Kilpatrick effective Oct. 1, the firms announced Monday. The move gives nearly 500-lawyer Kilpatrick its first California office. Bell Rosenberg has counted Kaiser Permanente, the University of California and the Port of Oakland among its clients. Kilpatrick's managing partner said the Oakland office is a "jumping-off point" to having a larger West Coast presence.
N.J. High Court Approves Class Action Suit Alleging Relacore Ad Fraud
New Jersey Law Journal
A class action suit is the best method for resolving multiple consumer fraud claims against a drug maker over allegedly deceptive product advertising, New Jersey's Supreme Court held unanimously on Thursday. The holding, allowing thousands of dissatisfied users of the dietary supplement Relacore to sue collectively, potentially unleashes the full fury of New Jersey's Consumer Fraud Act -- with its potent treble damages remedy -- against pharmaceutical companies on a classwide basis, foiling any divide-and-conquer strategy.
How Private Is Facebook Under the SCA?
New York Law Journal
As online messaging services become more prominent, it is important to understand the extent to which the Stored Communications Act protects private communications and data on social networking and webmail sites, say Gibbons attorneys Mark S. Sidoti, Philip J. Duffy and Paul E. Asfendis.
Visit Legal Technology
LexisNexis Rolls Out Lexis Advance for Solos
Law.com
LexisNexis opened the doors to Lexis Advance for Solos today. The new product is aimed at one- and two-attorney firms looking for predictable legal research costs with easy access to materials. It uses a Silverlight-enabled web browser to access content in XML markup language over a .NET architecture.
Visit Legal Technology
Investigation Into Ted Stevens Case Takes Tragic Toll
The National Law Journal
Prosecutor Nicholas Marsh, under investigation for misconduct in the public corruption case against former Alaska Sen. Ted Stevens, killed himself on Sept. 26, and some current and former Justice Department attorneys blame the pace of the ongoing investigation for contributing to his death.
Visit lawjobs.com News & Views
The Careerist: Think Firms Care About Morale?
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Think Firms Care About Morale? Also Time for a Lawyers' Tea Party? Plus Women Lawyers, Don't Let Your Wall Street Sisters Quit
Visit The Careerist
Commentary: Panel Discussion Provides Clues on Lawyer Dissatisfaction
The American Lawyer
Clues that explain the growing ranks of dissatisfied Big Law attorneys are everywhere, even on C-SPAN, notes Steven Harper, an adjunct professor at Northwestern University. He found some interesting ones during a panel discussion that included a law firm managing partner.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
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Prosecutorial Misconduct Is Rarely Punished, Says New Study
The National Law Journal
A report issued Monday by the Northern California Innocence Project at Santa Clara University School of Law found that of the 707 cases between 1997 and 2009 in which courts explicitly determined that prosecutors had committed misconduct, only six prosecutors -- 0.8 percent -- were disciplined by the State Bar of California. Sixty-seven prosecutors committed misconduct more than once and some as many as five times. The majority of those prosecutors were never publicly disciplined, the project said.
U.S. Supreme Court Begins New Era With 3 Women on Bench
The Associated Press
The U.S. Supreme Court began a new era Monday with three women serving together for the first time. Elena Kagan quickly joined in the give-and-take but, in a scene that will repeat itself in the coming months, she left the courtroom while the other justices remained to hear a case in which she will take no part due to her work as the Obama administration's chief lawyer prior to joining the Court. As the Court began its new term, it turned down hundreds of appeals, including one from relatives of victims of the Sept. 11 attacks.
Defense in Insider Trading Case Challenges Wiretap Application
New York Law Journal
Defense lawyers for a hedge fund billionaire charged with insider trading accused the government Monday of "gaming the system" by failing to advise the judge who approved the wiretaps that much of the evidence had been gathered in ways that made the electronic surveillance unnecessary. A lawyer for Galleon Group founder Raj Rajaratnam told a New York federal judge that during a yearlong joint investigation, the SEC and federal prosecutors had built a "conventional" insider trading case using "conventional" techniques.
Orrick, Akin Gump End Merger Talks
The American Lawyer
Just about one week since Orrick and Akin Gump publicly acknowledged being in early merger talks, the firms have announced in a joint statement that those talks are over. "Orrick and Akin Gump have mutually agreed to conclude preliminary discussions regarding the possibility of a merger," said the statement. "The firms appreciated the opportunity to have the discussions, which confirmed their mutual respect for one another. However, the firms have determined not to proceed."
Alleged Liaisons With Stripper Lead to Judge's Arrest on Drug, Gun Charges
Fulton County Daily Report
An FBI undercover investigation has led to the arrest of a federal senior judge on federal drug and gun charges stemming from alleged liaisons with an exotic dancer with a felony record, according to a complaint filed Monday in U.S. District Court in Atlanta. FBI agents arrested U.S. District Senior Judge Jack T. Camp after the judge and the exotic dancer -- who was working as a confidential informant with the FBI -- met with an undercover law enforcement agent to buy cocaine and Roxicodone, a prescription pain reliever.
In Fosamax Case, $8 Million Award Reduced and Attorney Sanctioned
New York Law Journal
A federal judge has sanctioned a plaintiffs lawyer and reduced the jury award in one of the bellwether cases in the MDL over the anti-osteoporosis drug Fosamax. The judge called the $8 million verdict returned by a jury in favor of plaintiff Shirley Boles "excessive" and gave Boles the option of either getting a retrial on damages or taking $1.5 million. Also, Boles' lawyer, Gary Douglas, was sanctioned $2,500 for conduct that included calling the conduct of the drug's maker, Merck, "reprehensible" and "disgusting."
Plaintiffs, Alleging Prudential Conspired With Their Lawyers, Try to Pierce Privilege
New Jersey Law Journal
Former Prudential Life Insurance employees who say the company bribed their lawyers to keep their bias claims out of court are seeking access to thousands of documents the company asserts are privileged. The plaintiffs claim that the documents fall under the crime-fraud exception, a statutory loophole in the attorney-client privilege for communications for legal services "sought or obtained in aid of the commission of a crime or fraud." The request was made in a motion by the attorney for 73 of the 234 plaintiffs.
Defendant's Story of 'Redemption' Sways Jury in DUI Case
Fulton County Daily Report
In a civil battle between a DUI driver who caused a car crash and the preacher who was the victim, a Georgia jury sided with the reformed drinker. The plaintiff asked for nearly $2 million in compensatory and punitive damages, but the jury came back with a verdict of about $20,000. Defense attorney Hilliard V. Castilla said jurors told him later they were moved by the "theme of redemption" in the story of Alexandrina Brown, a grieving woman who had turned to alcohol, then turned her life around after the crash.
Trial to Decide if Bank CEO Knowingly Made False Statements
Daily Business Review
When it comes to securities fraud litigation, the BankAtlantic Bancorp trial slated for jury selection Friday could be dramatic. If the trial moves ahead as scheduled, it will be only the 12th since Congress clamped down on shareholder lawsuits in 1995, attorneys in the case say. The jury will be asked to decide whether BankAtlantic Bancorp CEO Alan Levan's statements about nonperforming loans on the watch list at the bank with $4.6 billion in assets were intentionally false and deceiving.
Kilpatrick Stockton Merges With California's Bell Rosenberg
The Recorder
Fourteen-attorney Oakland, Calif., firm Bell Rosenberg has combined with Atlanta-based Kilpatrick Stockton, with all but four Bell lawyers joining Kilpatrick effective Oct. 1, the firms announced Monday. The move gives nearly 500-lawyer Kilpatrick its first California office. Bell Rosenberg has counted Kaiser Permanente, the University of California and the Port of Oakland among its clients. Kilpatrick's managing partner said the Oakland office is a "jumping-off point" to having a larger West Coast presence.
N.J. High Court Approves Class Action Suit Alleging Relacore Ad Fraud
New Jersey Law Journal
A class action suit is the best method for resolving multiple consumer fraud claims against a drug maker over allegedly deceptive product advertising, New Jersey's Supreme Court held unanimously on Thursday. The holding, allowing thousands of dissatisfied users of the dietary supplement Relacore to sue collectively, potentially unleashes the full fury of New Jersey's Consumer Fraud Act -- with its potent treble damages remedy -- against pharmaceutical companies on a classwide basis, foiling any divide-and-conquer strategy.
How Private Is Facebook Under the SCA?
New York Law Journal
As online messaging services become more prominent, it is important to understand the extent to which the Stored Communications Act protects private communications and data on social networking and webmail sites, say Gibbons attorneys Mark S. Sidoti, Philip J. Duffy and Paul E. Asfendis.
Visit Legal Technology
LexisNexis Rolls Out Lexis Advance for Solos
Law.com
LexisNexis opened the doors to Lexis Advance for Solos today. The new product is aimed at one- and two-attorney firms looking for predictable legal research costs with easy access to materials. It uses a Silverlight-enabled web browser to access content in XML markup language over a .NET architecture.
Visit Legal Technology
Investigation Into Ted Stevens Case Takes Tragic Toll
The National Law Journal
Prosecutor Nicholas Marsh, under investigation for misconduct in the public corruption case against former Alaska Sen. Ted Stevens, killed himself on Sept. 26, and some current and former Justice Department attorneys blame the pace of the ongoing investigation for contributing to his death.
Visit lawjobs.com News & Views
The Careerist: Think Firms Care About Morale?
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Think Firms Care About Morale? Also Time for a Lawyers' Tea Party? Plus Women Lawyers, Don't Let Your Wall Street Sisters Quit
Visit The Careerist
Commentary: Panel Discussion Provides Clues on Lawyer Dissatisfaction
The American Lawyer
Clues that explain the growing ranks of dissatisfied Big Law attorneys are everywhere, even on C-SPAN, notes Steven Harper, an adjunct professor at Northwestern University. He found some interesting ones during a panel discussion that included a law firm managing partner.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
Monday, October 04, 2010
Congressional Research Service (CRS) Reports Posted October 4, 2010*
U.S. Nuclear Cooperation With India: Issues for Congress
Report No. RL33016
Subjects: India
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
The Berry Amendment: Requiring Defense Procurement to Come from Domestic Sources
Report No. RL31236
Subjects: Budget; Economic Policy; Defense Economics; Defense Policy
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
Navy Force Structure and Shipbuilding Plans: Background and Issues for Congress
Report No. RL32665
Subjects: Defense Policy
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
Social Security: Raising or Eliminating the Taxable Earnings Base
Report No. RL32896
Subjects: Social Security; Taxation
CRS Reports, 111th Congress (9/24/2010; Posted: 10/4/2010)
---------------------------------
Iran: U.S. Concerns and Policy Responses
Report No. RL32048
Subjects: Iran
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
U.S. National Science Foundation: Experimental Program to Stimulate Competitive Research (EPSCoR)
Report No. RL30930
Subjects: Science Policy
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
The National Security Council: An Organizational Assessment
Report No. RL30840
Subjects: Defense
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
Tax-Exempt Organizations: Political Activity Restrictions and Disclosure Requirements
Report No. RL33377
Subjects: Congress; Elections; Taxation
CRS Reports, 111th Congress (9/24/2010; Posted: 10/4/2010)
---------------------------------
Unauthorized Alien Students: Issues and 'DREAM Act' Legislation
Report No. RL33863
Subjects: Education; Immigration
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
The FCC's Broadcast Media Ownership Rules
Report No. RL34416
Subjects: Telecommunications
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
U.S.-South Korea Beef Dispute: Issues and Status
Report No. RL34528
Subjects: Trade; North and South Koreas
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
Legal Services Corporation: Background and Funding
Report No. RL34016
Subjects: Law; Welfare
CRS Reports, 111th Congress (9/24/2010; Posted: 10/4/2010)
---------------------------------
War Powers Resolution: Presidential Compliance
Report No. RL33532
Subjects: Presidents; Defense Policy
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
Does the Endangered Species Act Listing Provide More Protection of the Polar Bear?
Report No. RL34573
Subjects: Animals; Environmental Protection
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
Medicare Financing
Report No. R41436
Subjects: Health Policy
CRS Reports, 111th Congress (9/29/2010; Posted: 10/4/2010)
---------------------------------
Previewing the Next Farm Bill: Unfunded and Early-Expiring Provisions
Report No. R41433
Subjects: Agriculture
CRS Reports, 111th Congress (9/29/2010; Posted: 10/4/2010)
---------------------------------
Food Safety on the Farm: Federal Programs and Legislative Action
Report No. RL34612
Subjects: Agriculture; Food; Health Policy
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
Medicaid: The Federal Medical Assistance Percentage (FMAP)
Report No. RL32950
Subjects: Health Policy; Welfare
CRS Reports, 111th Congress (9/24/2010; Posted: 10/4/2010)
---------------------------------
Veterans Affairs: Health Care and Benefits for Veterans Exposed to Agent Orange
Report No. RL34370
Subjects: Veterans; Health Policy
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
Recreation on Federal Lands
Report No. RL33525
Subjects: Public Lands
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
Broadband Internet Access and the Digital Divide: Federal Assistance Programs
Report No. RL30719
Subjects: Telecommunications
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
Child Well-Being and Noncustodial Fathers
Report No. R41431
Subjects: Children; Families
CRS Reports, 111th Congress (9/28/2010; Posted: 10/4/2010)
---------------------------------
Job Growth During the Recovery
Report No. R41434
Subjects: Economic Policy; Labor
CRS Reports, 111th Congress (9/30/2010; Posted: 10/4/2010)
---------------------------------
Federal Pell Grant Program of the Higher Education Act: Background, Recent Changes, and Current Legislative Issues
Report No. R41437
Subjects: Education; Finance
CRS Reports, 111th Congress (9/28/2010; Posted: 10/4/2010)
---------------------------------
Federal Employees' Retirement Programs: Budget and Trust Fund Issues
Report No. RL30023
Subjects: Civil Service; Government Employees; Pensions
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
Veterans Benefits: Current Life Insurance Programs
Report No. R41435
Subjects: Veterans
CRS Reports, 111th Congress (9/30/2010; Posted: 10/4/2010)
---------------------------------
Mortgage Markets in Selected Developed Countries
Report No. R41432
Subjects: Canada; Denmark; Finance; Housing; Australia, New Zealand, and Oceania
CRS Reports, 111th Congress (9/29/2010; Posted: 10/4/2010)
_____________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.
Report No. RL33016
Subjects: India
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
The Berry Amendment: Requiring Defense Procurement to Come from Domestic Sources
Report No. RL31236
Subjects: Budget; Economic Policy; Defense Economics; Defense Policy
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
Navy Force Structure and Shipbuilding Plans: Background and Issues for Congress
Report No. RL32665
Subjects: Defense Policy
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
Social Security: Raising or Eliminating the Taxable Earnings Base
Report No. RL32896
Subjects: Social Security; Taxation
CRS Reports, 111th Congress (9/24/2010; Posted: 10/4/2010)
---------------------------------
Iran: U.S. Concerns and Policy Responses
Report No. RL32048
Subjects: Iran
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
U.S. National Science Foundation: Experimental Program to Stimulate Competitive Research (EPSCoR)
Report No. RL30930
Subjects: Science Policy
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
The National Security Council: An Organizational Assessment
Report No. RL30840
Subjects: Defense
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
Tax-Exempt Organizations: Political Activity Restrictions and Disclosure Requirements
Report No. RL33377
Subjects: Congress; Elections; Taxation
CRS Reports, 111th Congress (9/24/2010; Posted: 10/4/2010)
---------------------------------
Unauthorized Alien Students: Issues and 'DREAM Act' Legislation
Report No. RL33863
Subjects: Education; Immigration
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
The FCC's Broadcast Media Ownership Rules
Report No. RL34416
Subjects: Telecommunications
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
U.S.-South Korea Beef Dispute: Issues and Status
Report No. RL34528
Subjects: Trade; North and South Koreas
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
Legal Services Corporation: Background and Funding
Report No. RL34016
Subjects: Law; Welfare
CRS Reports, 111th Congress (9/24/2010; Posted: 10/4/2010)
---------------------------------
War Powers Resolution: Presidential Compliance
Report No. RL33532
Subjects: Presidents; Defense Policy
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
Does the Endangered Species Act Listing Provide More Protection of the Polar Bear?
Report No. RL34573
Subjects: Animals; Environmental Protection
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
Medicare Financing
Report No. R41436
Subjects: Health Policy
CRS Reports, 111th Congress (9/29/2010; Posted: 10/4/2010)
---------------------------------
Previewing the Next Farm Bill: Unfunded and Early-Expiring Provisions
Report No. R41433
Subjects: Agriculture
CRS Reports, 111th Congress (9/29/2010; Posted: 10/4/2010)
---------------------------------
Food Safety on the Farm: Federal Programs and Legislative Action
Report No. RL34612
Subjects: Agriculture; Food; Health Policy
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
Medicaid: The Federal Medical Assistance Percentage (FMAP)
Report No. RL32950
Subjects: Health Policy; Welfare
CRS Reports, 111th Congress (9/24/2010; Posted: 10/4/2010)
---------------------------------
Veterans Affairs: Health Care and Benefits for Veterans Exposed to Agent Orange
Report No. RL34370
Subjects: Veterans; Health Policy
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
Recreation on Federal Lands
Report No. RL33525
Subjects: Public Lands
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
Broadband Internet Access and the Digital Divide: Federal Assistance Programs
Report No. RL30719
Subjects: Telecommunications
CRS Reports, 111th Congress (9/23/2010; Posted: 10/4/2010)
---------------------------------
Child Well-Being and Noncustodial Fathers
Report No. R41431
Subjects: Children; Families
CRS Reports, 111th Congress (9/28/2010; Posted: 10/4/2010)
---------------------------------
Job Growth During the Recovery
Report No. R41434
Subjects: Economic Policy; Labor
CRS Reports, 111th Congress (9/30/2010; Posted: 10/4/2010)
---------------------------------
Federal Pell Grant Program of the Higher Education Act: Background, Recent Changes, and Current Legislative Issues
Report No. R41437
Subjects: Education; Finance
CRS Reports, 111th Congress (9/28/2010; Posted: 10/4/2010)
---------------------------------
Federal Employees' Retirement Programs: Budget and Trust Fund Issues
Report No. RL30023
Subjects: Civil Service; Government Employees; Pensions
CRS Reports, 111th Congress (9/22/2010; Posted: 10/4/2010)
---------------------------------
Veterans Benefits: Current Life Insurance Programs
Report No. R41435
Subjects: Veterans
CRS Reports, 111th Congress (9/30/2010; Posted: 10/4/2010)
---------------------------------
Mortgage Markets in Selected Developed Countries
Report No. R41432
Subjects: Canada; Denmark; Finance; Housing; Australia, New Zealand, and Oceania
CRS Reports, 111th Congress (9/29/2010; Posted: 10/4/2010)
_____________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.
New York Legislature: Activity Report for Week Ending October 3, 2010 - CPL Penal
Source: New York Legislative Retrieval System (LRS). Search run October 3, 2010.
To retrieve the text of any of the New York Bills listed below, go to http://public.leginfo.state.ny.us/menuf.cgi
CRIMINAL PROCEDURE LAW:
Bill No.
A11703 Rules (Ortiz) -- Requires police officers to be retrained annually in CPR and creates the offense of failure to administer CPR
Same as S 8483
BLURB : Pen L. CPR requirements for polic
Last Act: 09/22/10 referred to codes
PENAL LAW:
Bill No.
A11703 Rules (Ortiz) -- Requires police officers to be retrained annually in CPR and creates the offense of failure to administer CPR
Same as S 8483
Last Act: 09/22/10 referred to codes
Bill No.
A11704 Rules (Lancman) -- Enacts the "taxi driver protection act"
No Same as
Last Act: 09/27/10 referred to codes
To retrieve the text of any of the New York Bills listed below, go to http://public.leginfo.state.ny.us/menuf.cgi
CRIMINAL PROCEDURE LAW:
Bill No.
A11703 Rules (Ortiz) -- Requires police officers to be retrained annually in CPR and creates the offense of failure to administer CPR
Same as S 8483
BLURB : Pen L. CPR requirements for polic
Last Act: 09/22/10 referred to codes
PENAL LAW:
Bill No.
A11703 Rules (Ortiz) -- Requires police officers to be retrained annually in CPR and creates the offense of failure to administer CPR
Same as S 8483
Last Act: 09/22/10 referred to codes
Bill No.
A11704 Rules (Lancman) -- Enacts the "taxi driver protection act"
No Same as
Last Act: 09/27/10 referred to codes
New York Appellate Criminal Cases Originating from the New York Supreme Court NY County
In order to comply with subscription agreements you will need to use your own Westlaw password to view the full text of cases listed below:
October 4, 2010.
1. The PEOPLE of the State of New York, Respondent, v. Scott LIDEN, Defendant-Appellant.
2010 WL 3744113, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on or about April 25, 2007, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52 A.D.2d . . .
2. The PEOPLE of the State of New York, Respondent, v. Rafael VALENTIN, Defendant-Appellant.
2010 WL 3744371, N.Y.A.D. 1 Dept.,2010.,
Order, Supreme Court, New York County (Daniel FitzGerald, J.), entered on or about October 31, 2008, which, adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs. The court properly exercised its . . .
3. The PEOPLE of the State of New York, Respondent, v. Abdul BEYAH also known as Donald Williams, Defendant-Appellant.
2010 WL 3744643, N.Y.A.D. 1 Dept.,2010.,
Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 9, 2009, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art. 6-c), unanimously affirmed, without costs. Since defendant made no application to the . . .
© 2010 Thomson Reuters/West
October 4, 2010.
1. The PEOPLE of the State of New York, Respondent, v. Scott LIDEN, Defendant-Appellant.
2010 WL 3744113, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on or about April 25, 2007, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52 A.D.2d . . .
2. The PEOPLE of the State of New York, Respondent, v. Rafael VALENTIN, Defendant-Appellant.
2010 WL 3744371, N.Y.A.D. 1 Dept.,2010.,
Order, Supreme Court, New York County (Daniel FitzGerald, J.), entered on or about October 31, 2008, which, adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs. The court properly exercised its . . .
3. The PEOPLE of the State of New York, Respondent, v. Abdul BEYAH also known as Donald Williams, Defendant-Appellant.
2010 WL 3744643, N.Y.A.D. 1 Dept.,2010.,
Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 9, 2009, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art. 6-c), unanimously affirmed, without costs. Since defendant made no application to the . . .
© 2010 Thomson Reuters/West
New York Law Journal: Decisions of Interest October 4, 2010
If you are already an online subscriber to this NYLJ service you should be able to click on any of the links proveded below, sign in, and access any of the decisions listed which interest you.
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Monday, October 4, 2010
U.S. District Court, Southern District
Requirement That Pharmacists Be Citizens or Permanent Resident Aliens Held Unconstitutional
Adusumelli v. Steiner, 08 Civ. 6932 (RJH)
FREE WITH REGISTRATION.
Appellate Division, Second Department
Government
Panel Overturns Zoning Board, Orders Variance Be Granted for Trump Project
Matter of Trump on the Ocean, LLC v. Cortes-Vasquez, 5329/08
FREE WITH REGISTRATION
NEW YORK COUNTY
Criminal Practice
Violation of Alcohol Control Law Dismissed As Two Elements of Statute Are Not Satisfied
People v. Nunez
NEW YORK COUNTY
Criminal Practice
Non-Verbal Gesture Adequately Pleads Unlawful Solicitation, Court Rules
People v. Gonzalez
BRONX COUNTY
Damages
Medicaid Lien May Not Be Nullified by Stating Settlement Relates Only to Pain, Suffering
Chamorro v. Cole
WESTCHESTER COUNTY
Administrative Law
Denial of Employment Suit Is Remanded So Petitioner Can Explain 'False Statements'
Evans v. County of Westchester
WESTCHESTER COUNTY
Criminal Practice
Unreasonable Delay to Produce Defendant For Sentencing Divests Court of Jurisdiction
People v. Harris
ROCKLAND COUNTY
Family Law
Father Is Granted Sole Physical Custody To Promote Continued Stability to Children
Matter of H.C. v. J.O.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Exceptions Provide Jurisdiction in Action On Refusal to Convert Bonds to Stock
Rogers v. Petrleo Brasileiro S.A.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Bias, Harassment Litigant Loses Bid To Retain Pro Bono Counsel
Hennghan v. Smith
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Damages
Lessor of Watch Cases Is Awarded Damages, Interest for Lease Default
PNCEF LLC v. Omni Watch and Clock Co. LLC
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Business Law
Racketeering Pattern Not Shown in Suit Against Embezzling Ex-Corporate Officers
Acme American Repairs Inc. v. Katzenberg
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Contracts
Ohio-Based Supplier Wins Judgment; Elements For Action on Price Under NYUCC 2-709 Met
Dayton Superior Corp. v. Spa Steel Products Inc.
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Monday, October 4, 2010
U.S. District Court, Southern District
Requirement That Pharmacists Be Citizens or Permanent Resident Aliens Held Unconstitutional
Adusumelli v. Steiner, 08 Civ. 6932 (RJH)
FREE WITH REGISTRATION.
Appellate Division, Second Department
Government
Panel Overturns Zoning Board, Orders Variance Be Granted for Trump Project
Matter of Trump on the Ocean, LLC v. Cortes-Vasquez, 5329/08
FREE WITH REGISTRATION
NEW YORK COUNTY
Criminal Practice
Violation of Alcohol Control Law Dismissed As Two Elements of Statute Are Not Satisfied
People v. Nunez
NEW YORK COUNTY
Criminal Practice
Non-Verbal Gesture Adequately Pleads Unlawful Solicitation, Court Rules
People v. Gonzalez
BRONX COUNTY
Damages
Medicaid Lien May Not Be Nullified by Stating Settlement Relates Only to Pain, Suffering
Chamorro v. Cole
WESTCHESTER COUNTY
Administrative Law
Denial of Employment Suit Is Remanded So Petitioner Can Explain 'False Statements'
Evans v. County of Westchester
WESTCHESTER COUNTY
Criminal Practice
Unreasonable Delay to Produce Defendant For Sentencing Divests Court of Jurisdiction
People v. Harris
ROCKLAND COUNTY
Family Law
Father Is Granted Sole Physical Custody To Promote Continued Stability to Children
Matter of H.C. v. J.O.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Exceptions Provide Jurisdiction in Action On Refusal to Convert Bonds to Stock
Rogers v. Petrleo Brasileiro S.A.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Bias, Harassment Litigant Loses Bid To Retain Pro Bono Counsel
Hennghan v. Smith
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Damages
Lessor of Watch Cases Is Awarded Damages, Interest for Lease Default
PNCEF LLC v. Omni Watch and Clock Co. LLC
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Business Law
Racketeering Pattern Not Shown in Suit Against Embezzling Ex-Corporate Officers
Acme American Repairs Inc. v. Katzenberg
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Contracts
Ohio-Based Supplier Wins Judgment; Elements For Action on Price Under NYUCC 2-709 Met
Dayton Superior Corp. v. Spa Steel Products Inc.
New York Law Journal: Lead Articles September 4, 2010
If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Monday, October 4, 2010
Judge Finds State Law Violates Rights of Foreign Pharmacists
Panel Seeks Opinions on Risk of Sex Offender's Return Home
Lawyer Sues Brother, Ex-Partners After Ouster From Three Firms
Trump's Plan for Jones Beach Restaurant Wins Court Approval
News In Brief
Docket Shows Keen Interest in Issues Facing Employers and Business
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Monday, October 4, 2010
Judge Finds State Law Violates Rights of Foreign Pharmacists
Panel Seeks Opinions on Risk of Sex Offender's Return Home
Lawyer Sues Brother, Ex-Partners After Ouster From Three Firms
Trump's Plan for Jones Beach Restaurant Wins Court Approval
News In Brief
Docket Shows Keen Interest in Issues Facing Employers and Business
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