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Homeowner Get 122K in Hidden Cash, Court Says
Court News |
2008/09/30 07:10
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The $122,000 cash that an electrician found hidden in a ceiling belongs to the woman who bought the home, not the seller's estate, the Oregon Court of Appeals ruled.
Helen Sollars bought a home from the estate of Helene Valoff in Milwaukie, Ore. An electrician found the money more than a year after the purchase.
The trial court ruled that the city should release the disputed money to the estate, because the real estate transfer was not intended to include the money.
Judge Ortega disagreed, citing the language the estate was required to remove personal property and leave other items. So, when the estate left Sollars the refrigerator, stove, and window coverings, it also left her the money.
Nothing in the requirement that the estate remove all personal property provides any exception based on the parties' knowledge of such property, Ortega wrote. |
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Court Clears Microsoft in $1.5 Billion Patent Action by Lucent
Court News |
2008/09/29 07:16
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Microsoft Corp. does not have to pay $1.53 billion in damages awarded to Lucent Technologies in a dispute over two patents for compressing digital music into MP3 format, the Federal Circuit ruled. The court affirmed U.S. District Judge Rudi Brewster's decision to throw out a jury's verdict against the world's largest software maker.
In February 2007 the San Diego jury ruled that Microsoft's Windows Media Player infringed on Lucent's patents. Brewster tossed the verdict in August 2007, finding that the jury had improperly used the value of the entire computer as the royalty base.
The Federal Circuit held that Microsoft had not infringed one of the two patents, and that Lucent lacked standing to sue Microsoft over the second patent. |
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Court Worker Says Judge Groped Her
Legal News Feed |
2008/09/26 07:17
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A state judge repeatedly fondled a court worker under her clothes and the State of Kansas fired her for reporting the sexual harassment to the chief judge and the court administrator, the woman says in Federal Court.
Christie Helm, a court worker since 1995, says Judge Frederick Stewart sexually harassed her for years, and became increasingly aggressive in 2007. Stewart is a judge in Kansas' First Judicial District.
Helm says she was an administrative aide in Judge Stewart's division from 2001 until she was fired in December 2007.
She says that on and off from 1998 until 2007, Judge Stewart subjected plaintiff to sexual harassment in the form of unwelcome sexual touching and remarks.
The complaint continues: Beginning in late March 2007 and continuing through June 2007, Judge Stewart's unwelcome sexual touching of plaintiff escalated dramatically, including the following: a. on approximately a dozen occasions, Judge Stewart tried to kiss plaintiff in his chambers; and b. on approximately five occasions, Judge Stewart reached under plaintiff's clothing and touched plaintiff's intimate body parts.
She says she reported the sexual harassment to Chief Judge David King in June 2007, to Judge Robert Bednar in August 2007, to First Judicial District Court Administrator Steve Crossland in August 2007, and that she testified about it to the Kansas Commission on Judicial Qualifications on Sept. 17, 2007.
She says Chief Judge King fired her on Dec. 14, 2007.
The complaint adds: Chief Judge King's termination of plaintiff was in retaliation for her opposition - and/or participating in the investigation of - Judge Stewart's sexual harassment of plaintiff.
She demands punitive damages for sexual harassment and retaliatory firing. She is represented by Martin Meyers of Kansas City, Mo. |
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Attorney's Letter To Jurors Questioned
Court News |
2008/09/24 07:11
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An attorney may face federal contempt charges for contacting jurors who ruled against his client in a civil rights case. James Ensz sent a questionnaire to the jurors this month after representing a Lee's Summit police officer, court records indicate.
Ensz represented Lee's Summit Police Officer Richard McKinley, who was sued for allegedly conspiring to arrest Theodore White on trumped-up child molestation charges. The jury awarded White $16 million after White spent 5 years in prison before being acquitted.
White claimed McKinley hid evidence and covered up an affair he had with White's estranged wife, whom McKinley later married.
In the questionnaire, Ensz asked jurors whether they found certain witnesses credible, how much certain pieces of evidence affected their decision, whether they felt the judge favored one side or the other, and asked for specific examples of favoritism and how it affected the verdict.
Court documents show that U.S. District Judge Nancy Laughrey held a telephone conference with attorneys to discuss the questionnaire.
The court informed Mr. Ensz that it is inappropriate to send out correspondence to the jury ... A party must obtain permission from the court in advance of contacting any juror, the meeting's minutes state.
Judge Laughrey has scheduled an Oct. 14 contempt hearing for Ensz.
Ensz defended his actions in a memo requesting that the hearing be canceled.
There is nothing inappropriate about the questions asked, nor is there any pressure placed upon jurors to respond to the questionnaire should they choose not to respond, Ensz wrote.
There is no set penalty for Ensz if he is found guilty of contempt, but federal guidelines allow fines and jail time. |
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