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Murder conviction of mom reversed in California
Legal Line News |
2010/08/03 08:53
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pAn appeals court panel has reversed the murder conviction of a mother accused of driving her teenage son and his friends to a Southern California park where a 13-year-old rival gang member was stabbed to death./ppThe 2nd District Court of Appeal panel ruled 2-1 on Monday that jurors in the case of 33-year-old Eva Daley were given an impermissibly ambiguous jury instruction during the 2008 trial./ppAssociate Justice Laurie D. Zelon wrote that case records don't show the jury based its verdict on a legally valid theory, so the conviction should be reversed./ppDaley had been convicted of second-degree murder for the 2007 death of Jose Cano./ppProsecutors argued that Daley wanted revenge because Cano allegedly stabbed her son six months earlier.
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Judicial Vacancies Slow the Wheels of Justice
Legal Line News |
2010/07/12 10:06
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| pAs the Senate prepares to vote on whether Elena Kagan should fill the vacancy on the U.S. Supreme Court, there remain a substantial number of other vacancies in the nation’s lower federal courts that urgently need filling. /ppCurrently, there are about 100 vacancies in the lower federal courts. The American Bar Association says the lack of judges is affecting the efficiency and fairness of the justice system. /ppABA President Carolyn B. Lamm said, “Our courts are already terribly strained at the federal level because of the caseload and the workload, and when you’re a hundred justices down…that’s a big gap.nbsp; We have speedy trial rules that require them to put criminal cases first.nbsp; As a result, all of the civil proceedings are put off and there is a real gap in terms of a significant delay as a result of the vacancies. It is edging toward a crisis not to have a full bench.” /ppEven if all the vacancies were filled, said Lamm, a significant number of new judgeships would still be necessary to handle caseload growth.nbsp; In fact, the Judicial Conference of the United States is recommending 67 new permanent and temporary judgeships.nbsp; /ppBeyond the existing 100 vacancies, more than 20 additional judges have announced that they will retire in the next several months. Since the start of the 111th Congress, President Obama has made 78 nominations to fill the empty seats, and the Senate has confirmed 36 of the nominees. nbsp; /ppLamm noted that most nominees have moved through the Senate with little dissent and little delay. /ppWhen they finally are scheduled for a vote by the Senate, Lamm commented, “None of them have in fact engendered huge debate on the floor of the Senate….nbsp; No one has seen a pattern of inappropriate people being nominated; it is simply very slow and it really needs a full bipartisan effort to move these nominations. And quite frankly, it is becoming urgent,” said Lamm. /p |
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Law firm probes Skipton ceiling contract clause
Legal Line News |
2010/02/25 03:12
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pLaw firm Leon Kaye has launched an investigation into the legal implications of Skipton Building Society’s decision to scrap the ceiling on its standard variable rate./ppMoney Marketing first revealed last month Skipton’s move to scrap the ceiling rate on its SVR, which had meant borrowers would not pay more than 3 per cent above the base rate./ppThe society blamed “exceptional circumstances” for removing the ceiling./ppLeon Kaye Solicitors says such clauses are normally built in to contracts to ensure the lender has some control but it is investigating whether Skipton could be in breach of the Unfair Contract Terms Act 1977./ppLeon Kaye Solicitors’ statement says: “Those borrowers who cannot switch mortgages will be exposed to significant increases in their interest payments despite taking out an SVR for added protection against such rises in the interest rate.
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Montgomery law firm files suit against Toyota
Legal Line News |
2010/02/16 09:10
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pMontgomery law firm Beasley Allen Crow Methvin Portis amp; Miles PC recently filed a lawsuit against Toyota Motor Corp. and Toyota Motor Sales USA on behalf of more than 500,000 Toyota Prius and Lexus Hybrid owners./ppThe firm, which filed the case in the U.S. District Court Middle District of Alabama, alleges that Toyota concealed facts relating to the defects in the accelerator braking system. Beasley also filed complaints of breach of implied warranty of merchantability, fraudulent concealment, unjust enrichment and breach of the covenant of good faith and fair dealing, according to a written statement./pp“Toyota knew about these defects long before they issued a recall, yet they continued to market the vehicles as safe and reliable,” said Dee Miles, head of Beasley Allen’s consumer fraud and class action department./ppToyota Motor Corp. (NYSE:TM) has been under scrutiny recently after initiating several recalls on millions of vehicles. One of the most recent recalls included fixing accelerator pedals that began to stick over time, preventing drivers from stopping with their brakes, according to news reports.
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