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Court: Calif. erred in new lethal injection regs
Legal Business |
2013/05/31 10:59
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Executions in California will remain suspended after a state appeals court ruled that corrections officials made several "substantial" procedural errors when they adopted new lethal injection rules.
The 1st District Court of Appeals said the California Department of Corrections and Rehabilitation failed to explain, as required by state law, why it was switching from a three-drug injection method to a single drug.
The court's opinion, which affirmed a lower court ruling, also said the agency misled the public by not providing the documents and information it used to reach its decision.
Corrections spokeswoman Deborah Hoffman said in an email that the agency was reviewing the ruling.
"In the meantime, at the governor's direction, CDCR is continuing to develop proposed regulations for a single-drug protocol in order to ensure that California's laws on capital punishment are upheld," Hoffman said.
California has not executed an inmate since 2006, when a federal judge halted the practice, finding that the three-drug mixture amounted to cruel and unusual punishment. The state was ordered to redo its capital punishment system.
Since then, California has built a new death chamber at San Quentin State Prison and trained a new team to carry out executions. |
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Foreign maids lose court fight for HK residency
Legal Business |
2013/03/25 16:05
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Hong Kong's top court ruled against two Filipino domestic helpers seeking permanent residency Monday, the final decision in a case that affects tens of thousands of other foreign maids in the southern Chinese financial hub.
In a unanimous ruling, the Court of Final Appeal sided with the government's position that tight restrictions on domestic helpers mean they don't have the same status as other foreign residents, who can apply to settle permanently after seven years. Lawyers for the two had argued that an immigration provision barring domestic workers from permanent residency was unconstitutional.
The court also rejected the government's request for Beijing to have the final say in the matter, which had sparked fears of interference by China's central government in the semiautonomous region. Some saw the request as a backhanded attempt by the government to get Beijing to halt the flow of another group of unwanted migrants - children of mainland Chinese parents - while putting the city's prized judicial independence at risk. |
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Court dismisses investor lawsuits against Porsche
Legal Business |
2012/09/22 16:08
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Wednesday's ruling by Braunschweig state court in northern Germany appears to strengthen Porsche's position, which still faces other court battles in connection with the 2008 takeover bid, German news agency dapd reported.
Two investors in the Braunschweig case had sought $6.1 million in damages claiming that Porsche published misleading information while it was secretly trying to take control of the much-larger Volkswagen.
Porsche's bid failed amid an unsustainable debt burden and the collapse of financial markets following the Lehman Brothers bankruptcy, eventually leading Volkswagen to take full control of Porsche. |
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Apple lists 8 Samsung products it wants banned
Legal Business |
2012/08/31 11:24
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Apple Inc. on Monday gave a federal judge a list of eight Samsung Electronics Co. products it wants pulled from shelves and banned from the U.S. market, including popular Galaxy model smartphones.
U.S. District Judge Lucy Koh asked for the list after a jury in San Jose last week slammed Samsung with a $1.05 billion verdict, finding that the South Korean technology giant had "willfully" copied Apple's iPhone and iPad in creating and marketing the products. Samsung plans an appeal.
The products Apple wants out are all smartphones: Galaxy S 4G, Galaxy S2 AT&T, Galaxy S2, Galaxy S2 T-Mobile, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail.
Koh on June 26 banned the Galaxy Tab 10.1 from the U.S. market after finding it likely violated a "design patent." Samsung is now asking for that ban to be lifted after the jury found the computer tablet didn't infringe that particular patent, but it did find it infringed three Apple's software patents that cover the popular "bounce-back" and pinch-to-zoom features.
The judge has scheduled a Sept. 20 hearing to discuss Apple's demands for the sales bans. She asked Apple on Friday to submit the list of products its wants removed from U.S. stores after Samsung complained that it doesn't have enough time to prepare for the scheduled hearing. |
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Top Pa. judge charged with campaign corruption
Legal Business |
2012/05/19 22:19
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State Supreme Court Justice Joan Orie Melvin was charged Friday with illegally using her taxpayer-funded staff in her campaigns for a seat on the state's highest court in a scheme that ensnared her sister, a senator awaiting sentencing on similar charges.
Orie Melvin said outside court that she will vigorously defend herself against the nine criminal charges, which a grand jury report called a "tale of corruption" that she "actively condoned and even promoted."
"I am a woman of faith," Orie Melvin said. "My faith will see me through this. And I will not resign because of these politically motivated charges."
The high court relieved her of judicial and administrative duties Friday, but she remains a Supreme Court justice, on the payroll with a $195,000 salary and full benefits. The court also ordered Orie Melvin's Pittsburgh office sealed to secure records, files and equipment that are property of the court.
The charges come two months after her sister Republican state Sen. Jane Orie was convicted of 14 counts of theft of services, conflict of interest and forgery charges. Orie is scheduled to be sentenced in June, and her attorney has said in court filings that she will resign before then.
The grand jury report said Orie Melvin and her staff used personal email accounts to shield the actual email addresses that generated the messages, hiding the fact that political activities were being handled by the staffers while they were on the state payroll. Orie Melvin also used her state-paid telephone line to solicit support from hundreds of Republican committee members around the state, the report said.
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