Criminal Law Library BlogFrom: Breaking Documents, Findlaw May 15, 2008.
California Supreme Court Overturns Gay Marriage Ban
Articles Posted in Court Decisions
New York City Suit Dismissed: Gun Manufacturers Found Insulated Under U.S. Law
As reported in an article by Mark Hamblett in the May 1 New York Law Journal, the U.S. Court of Appeals for the Second Circuit dismissed a suit by New York City attempting to hold gun manufactures liable for the flow of illegal arms into the city. In its ruling on April 30 the Second Circuit upheld an act of congress (The Protection of Lawful Commerce in Arms Act) that insulated gun manufacturers from liability “…while upholding that New York’s public nuisance law does not fint into an exception in the act”. To see the opinion and related documents from Findlaw click on the link below:
CITY OF NEW YORK V. BERETTA U.S.A. CORP., ET AL.
(U.S. 2nd Cir., April 30, 2008) –
Kaye v. Silver : Chief Judge of the State of New York Sues for Increase in Judicial Pay for all State Judges
N.Y.’s Top Judge Sues Over Judicial Pay
“N.Y. Supreme Court, N.Y. County, April 10, 2008) – Chief Court of Appeals Judge Judith Kaye sued New York officials for an increase in judicial pay for all state judges, arguing that, “while New York judicial salaries have declined 27 percent in real terms since 1999,” every other state employee has gotten ‘ cumulative increases of more than 24 percent’.”.
Summaries of Opinions – U.S. Court of Appeals 2d Circuit
From: Findlaw Opinion Summaries March 26, 2008.
AEROSPACE & DEFENSE, CIVIL PROCEDURE, GOVERNMENT CONTRACTS, INJURY AND TORT LAW, MILITARY LAW, PRODUCT LIABILITY
I”n re ‘Agent Orange’ Prod. Liab. Litig., No. 05-1760
Claims of Presidential Power Rejected in Medellin v. Texas (06-984)
The U.S. Supreme Court yesterday (March 26) in a sweeping rejection of powers in the presidency ruled that neither the World Court nor President Bush can interfere with Texas regarding that states’ enforcement of its own criminal laws. The justices in their 6-3 decision, Medellin v. Texas (06-984), ruled that neither an opinion by the World Court nor a directive from the President amounts to “enforceable federal law” that requires compliance by the State of Texas.
Sources for this posting:
Racially Based Premptory Challenges Reverse Murder Conviction: Snyder v. Louisiana
Justices: Racially Based Peremptory Challenges Reverse Murder Conviction SNYDER V. LOUISIANA
(U.S. Supreme Ct., March 19, 2008) – A Louisiana conviction for first-degree murder and death sentence is reversed where the trial judge committed clear error in its ruling on an objection to the prosecution’s strike of a black juror during voir dire, in violation of Batson v. Kentucky, 476 U. S. 79.
Melvyn Weiss Pleads Guilty in Kickback Scheme
The New York Law Journal has reported that Melvyn Weiss has agreed to plead guilty to a racketeering charge for participating in a scheme to pay kickbacks to lead plaintiffs in shareholder suits.
Mr. Weiss, a famed securities class action lawyer, was one of the co-founders of the law firm Milberg Weiss.
Manhattan U.S. Attorney Charges Organizers and Managers of International Prostitution Ring
“more than $1 million in alleged prostitution proceeds laundered through two front accounts.
For additional information click on links below to the Press Release and the Complaint
U.S. Supreme Court: Riegel v. Medtronic 06-179
Argued December 4, 2007 – Decided February 20, 2008
…”Of Wednesday’s pre-emption cases, Riegel v. Medtronic may have the broadest impact. The Court ruled against the estate of Charles Riegel, who died after a catheter made by Medtronic malfunctioned during heart surgery.”
“Riegel sued in federal court, invoking New York state common law to argue for liability and damages. Like lower courts, the Supreme Court ruled that the federal Medical Device Amendments of 1976 specifically preclude states from imposing their own requirements on the makers of federally regulated medical devices.”
U.S. Supreme Court: Danforth v. Minnesota
Decision Date: February 20, 2008:
DANFORTH v. MINNESOTA CERTIORARI TO THE SUPREME COURT OF MINNESOTA
No. 06-8273. Argued October 31, 2007-Decided February 20, 2008