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Court won't review Fla. Pledge of Allegiance law
Topics in Legal News | 2009/10/05 14:30

The Supreme Court has rejected an appeal to review a Florida law that requires public school students to recite the Pledge of Allegiance each day unless they have their parents' written permission excusing them.

The justices declined Monday an appeal filed by the American Civil Liberties Union of Florida on behalf of a high school student removed from his math class because he remained seated during the pledge.

A federal appeals court upheld most of the law. The ACLU said that ruling, if left undisturbed, would undermine the Supreme Court's 1943 ruling that schoolchildren could not be forced to salute the flag and say the pledge.

Florida argued that the law, by giving parents the right to have their children excused, does not violate the First Amendment.



Conn. bishop says abuse is in church's past
Headline Legal News | 2009/10/05 14:29

The Supreme Court refused on Monday to block the release of documents generated by lawsuits against priests in Connecticut for alleged sexual abuse.

The justices turned down a request by the Roman Catholic diocese in Bridgeport, Conn.

Several newspapers are seeking the release of more than 12,000 pages from 23 lawsuits against six priests.

The records have been under seal since the diocese settled the cases in 2001. Courts in Connecticut have ruled that the papers should be made public.

The decision ends a legal battle that dragged on for years and could shed light on how recently retired New York Cardinal Edward Egan handled the allegations when he was Bridgeport bishop.

It's unclear when the documents will be released.

Waterbury Superior Court clerk Philip Groth said he needs to consult a judge to determine whether a hearing is necessary before the records are released. He said Monday morning it was unlikely the documents would be released Monday.

The Bridgeport diocese, which had argued unsuccessfully that the documents were subject to religious privileges under the First Amendment, said it was disappointed in the decision.



Madoff trustee sues Madoff family for almost $200M
Topics in Legal News | 2009/10/02 15:46

President BaracBernard Madoff's brother, sons and a niece used the family finance business like a "piggy bank," a court-appointed trustee charged Friday as he demanded in a lawsuit that they return almost $200 million in money to be distributed to cheated investors.

The trustee, Irving Picard, sought $198.7 million from Madoff's brother, Peter, who had worked at Madoff's Manhattan investment company since 1965, and sons, Mark and Andrew.

Also sued was Shana D. Madoff, Bernard Madoff's niece and Peter Madoff's daughter.

Lawyers for the Madoff's brother and sons did not immediately return a phone call for comment. A message for comment left at Shana Madoff's East Hampton home was not immediately returned.

Lawyers for Picard said in papers filed in U.S. Bankruptcy Court in Manhattan that Madoff's family-run business "was operated as if it were the family piggy bank."

They said each of the family members withdrew huge sums of money to fund personal business ventures and to pay for expenses ranging from multimillion dollar homes, cars and boats to monthly credit card charges for restaurants, vacations and clothing.

The lawyers said $141 million identified as fraudulent proceeds were received by the family members in the six years before Madoff surrendered and revealed his plot last December while at least $58 million was received in the last two years.



Obama begins to overhaul key US appeals court
Headline Legal News | 2009/10/02 15:45

k Obama is moving to reshape the Virginia-based 4th Circuit Court of Appeals, known as the nation's most conservative federal appeals court.

The court supported anti-terrorism initiatives of the Bush administration and has issued many conservative rulings on abortion, death penalty and criminal rights cases.

Five of the nation's 20 open circuit judgeships belong to the court that hears cases from Virginia, North Carolina, South Carolina, West Virginia and Maryland.

Obama has nominated U.S. District Judge Andre Davis of Maryland and Virginia Supreme Court Justice Barbara Keenan. If they win Senate confirmation, Democratic appointees will outnumber Republicans 7-5 on the court.



Lawsuit Alleges ER Doctor Let Man Die In Order to Steal His Rolex
Topics in Legal News | 2009/09/28 10:24
A jaw-dropping lawsuit filed last week in San Francisco Superior Court alleges an emergency room doctor abandoned his attempts to resuscitate a patient from cardiac arrest to instead pocket the dead man's valuable Rolex wristwatch.

The suit, filed by the adult children of Jerry Keith Kubena, Sr., alleges that Dr. Cleveland James Enmon on June 1 "formed the intent" to swipe the Rolex from Kubena's wrist while treating the man at St. Joseph's Medical Center in Stockton (as this is a subsidiary of San Francisco-based Catholic Healthcare West, the lawsuit was filed here).

After Kubena went into cardiac arrest, "Defendant Enmon assumed responsibility for resuscitating descendant [Kubena]," reads the suit. "Once defendant Enmon formed the intent to steal decedent's watch, he abandoned his efforts to resuscitate decedent, leaving decedent to die so that he would not be around to reclaim his watch."

According to the suit, Enmon's alleged theft was as clumsily executed as it was heartless:

The nursing staff assisting Enmon soon noticed that Kubena's flashy timepiece was missing; "Where is the wristwatch?" the suit quotes one as uttering. Two more nurses allegedly noticed a wristwatch-shaped bulge in the doctor's pocket. Security was called to investigate the disappearance. Defying security's orders, the lawsuit notes Enmon walked out of the operating room and into the parking lot -- a move caught on hospital security cameras.


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