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Riders stuck on snow-trapped train sue NY agency
Court Watch |
2011/12/27 10:28
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Subway riders stuck all night in a train trapped by snow after a blizzard sued a transportation agency on Tuesday, saying officials told them it was simply an act of God.
In court papers describing last year's ordeal, they said they had no heat, food, water or bathroom facilities while the Metropolitan Transportation Authority kept promising help.
The city was all but paralyzed when the storm hit on Dec. 26, 2010, with 2 feet of snow piled around an A train on elevated tracks in Queens. Inside were about 500 passengers who spent eight hours there in freezing temperatures.
The conductor refused to allow passengers off the train, resulting in a deplorable imprisonment, said 22 of them named in the suit, which was filed in Queens state Supreme Court.
They are seeking unspecified damages from the New York City Transit Authority, part of the MTA, which runs the nation's largest mass transit system. The subway alone has a daily ridership of more than 5 million.
Manhattan attorney Aymen Aboushi said the stranded passengers decided to sue after a year of meetings with transit officials convinced them that suing was the only way to get the MTA to pay attention. He said he's handling the case pro bono in hopes of forcing changes in the emergency response system to avert a similar nightmare. |
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Supreme Court rejects Hessler appeal
Law Firm News |
2011/12/26 16:10
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The Nebraska Supreme Court on Friday rejected a death-row inmate’s claim that his lawyer failed to properly represent the convicted kidnapper, rapist and murderer at his sentencing.
Jeffrey Hessler had argued that his trial-court lawyer should have demanded a competency hearing when Hessler moved to represent himself at his sentencing. The state Supreme Court rejected that argument, saying allowing someone to serve as their own attorney did not constitute ineffective counsel and Hessler failed to show he couldn’t adequately represent himself at sentencing.
Hessler was convicted of first-degree murder, kidnapping, first-degree sexual assault of a child and use of a firearm to commit a felony in December 2004. He was sentenced to die for the 2003 kidnapping, rape and shooting death of 15-year-old Heather Guerrero. She was delivering newspapers on her morning route just blocks from her home when Hessler grabbed her and forced her into his car.
A jury found that Hessler took her to an abandoned house at nearby Lake Minatare, raped her and then shot her in the head on Feb. 11, 2003. Guerrero’s body was found the next day at the house, about 12 miles from where she disappeared.
Hessler claimed in his appeal that his trial lawyer was ineffective and failed to tell the court that he suffered from mental health problems, including hallucinations.
Scotts Bluff County District Judge Randall Lippstreu dismissed that claim earlier this year, saying Hessler and his attorneys seemed to have had philosophical differences between the time of Hessler’s conviction and sentencing hearing. But, the judge said, that did not constitute ineffective counsel. |
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Pomerantz Law Firm Has Filed a Class Action
Legal Focuses |
2011/12/25 16:11
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Shareholders of Pain Therapeutics, Inc. are reminded of the securities class action lawsuit filed against PTIE and certain of its officers. The class action, filed in the United States District Court, Western District of Texas, is on behalf of a class consisting of all persons or entities who purchased PTIE securities during the period from February 3, 2011 through June 23, 2011.
If you are a shareholder who purchased PTIE securities during the Class Period, you have until January 31, 2012 to ask the Court to appoint you as lead plaintiff for the class. A copy of the complaint can be obtained at www.pomerantzlaw.com. To discuss this action, contact Rachelle R. Boyle at rrboyle@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll free, x350. Those who inquire by e-mail are encouraged to include their mailing address and telephone number.
The Complaint alleges that, during the Class Period, PTIE made false and/or misleading statements and/or failed to disclose material facts about a new drug, REMOXY. Specifically, PTIE failed to disclose that REMOXY was not approvable by the U.S. Food and Drug Administration due to chemistry, manufacturing, and control deficiencies that caused inconsistent results during laboratory tests.
www.pomerantzlaw.com. |
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Supreme Court says Manchester property tax data private
Court Watch |
2011/12/24 16:10
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The Vermont Supreme Court says information used by towns to calculate adjustments to residents' property taxes should remain private.
In an entry order published Friday, the court reversed a Bennington County Superior Court ruling that said the town of Manchester should provide the tax information to someone who requested it.
The issue involves the amount Vermont property tax payers may have deducted from their bills based on their income, school property tax burden and if they to use a portion of their tax refund to reduce property taxes.
The state Department of Taxes calculates that amount and sends it to towns to reduce a property owner's taxes.
The Supreme Court says the law governing the deductions is covered by the state's privacy laws. Property tax bills are, however, public.
The court decision is posted on the town website, http://www.manchester-vt.gov/ |
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Egypt court orders prominent blogger freed
Politics |
2011/12/23 16:11
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An Egyptian investigative judge ordered the release Sunday of a prominent blogger detained nearly two months ago by the ruling military, which had accused him of attacking soldiers during deadly clashes in October.
Alaa Abdel-Fattah's father, Ahmed Seif, told The Associated Press his son would remain in custody for several more hours until the paperwork has been completed. He said his son has been banned from travel abroad.
Abdel-Fattah's sister, activist Mona Seif, told the AP her brother was on his way to the Egyptian capital's security headquarters where he would be freed later in the day.
Military prosecutors detained Abdel-Fattah on Oct. 30 after he refused to answer questions about their allegations that he played a role in the clashes.
The violence on Oct. 9 began when groups of stone-throwers attacked a crowd of Coptic Christians protesting an attack on a church in southern Egypt. TV footage showed the military moving in with force, including using armored vehicles to run over the crowds. |
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Pa.'s rhyming justice pens insurance fraud opinion
Headline News |
2011/12/22 10:27
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A state Supreme Court justice known for opinions written in rhyme has done it again, producing six pages of verse Thursday in the case of whether the maker of a forged check also had committed insurance fraud.
Justice J. Michael Eakin, writing for a 4-2 majority, concluded in six-line stanzas that a man's attempt to deposit a forged check appearing to be from State Farm didn't constitute insurance fraud.
Sentenced on the other crimes, he surely won't go free, but we find he can't be guilty of this final felony, Eakin wrote. Convictions for the forgery and theft are approbated -- the sentence for insurance fraud, however, is vacated. The case must be remanded for resentencing, we find, so the trial judge may impose the result he originally had in mind.
A dissenting three-page opinion by Justice Thomas G. Saylor didn't rhyme.
Eakin was first elected to the high court in 2001 after earning a reputation as the rhyming judge by issuing some opinions entirely in verse while sitting on an intermediate state appellate court in the late 1990s. Two former state Supreme Court justices, Stephen A. Zappala and the late Ralph J. Cappy, had expressed concern in the past that the practice could reflect poorly on the court. |
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