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Ga. court ruling could tighten foreclosure rules
Court Center | 2012/08/08 19:50
A court ruling in Georgia could force those foreclosing on homes to disclose who actually owns the loan.

The Atlanta Journal-Constitution reports that the July 12 ruling by the Georgia Court of Appeals applies mostly to foreclosures that happened from 2008 to 2011. It could leave banks vulnerable to lawsuits filed by those who lost their homes. It could also have consequences for ongoing foreclosures.

The ruling last month said that the name of the owner of a mortgage must appear in foreclosure filings and notices sent to delinquent borrowers. The notice must also reflect whether it was sent by the secured creditor or someone acting on the creditor's behalf.

Many lenders sell their loans to mortgage services that handle paperwork but don't own the loans.


New DC drunken driving law to take effect
Court Center | 2012/08/05 00:03
A new law that toughens penalties for drunken driving in the nation's capital takes effect Wednesday, but the city's police department still is not using breath tests on suspected drunken drivers more than a year after the tests were suspended.

The new law, which was approved by the D.C. Council and signed by Mayor Vincent Gray earlier this summer. It doubles mandatory minimum jail terms for people with blood-alcohol concentrations of .20 percent or higher and establishes a blood-alcohol limit of .04 percent for commercial drivers, including taxi drivers.

The law also establishes new oversight for the district's breath-testing program. But there's still no timetable to the resumption of breath tests, which D.C. police stopped using in February 2011 in the wake of revelations that their breath-testing devices had produced inaccurate results. Police have been using urine and blood tests instead.

A year earlier, District of Columbia officials had notified defense lawyers about nearly 400 drunken-driving convictions that relied, at least party, on inaccurately calibrated blood-alcohol tests.

More than two dozen people sued the district over convictions based on those flawed tests, and the district Attorney General's office said Tuesday that all the outstanding lawsuits had been settled. The district paid a total of $136,000 to 17 plaintiffs, with individuals receiving between $2,000 and $42,000, said Jeffrey Rhodes, a lawyer for the plaintiffs.


Appeals court reinstates lawsuit against Glock
Court Center | 2012/07/25 22:48
A California appeals court has reinstated a now-retired paralyzed Los Angeles police officer's product liability lawsuit against gun manufacturer Glock.

Enrique Chavez was paralyzed from the waist down when his 3-year-old son accidentally shot him with his service pistol.

The lawsuit claims the .45-caliber Glock 21 pistol lacks adequate safeguards against accidental discharge. There is no grip safety on the Glock.

A Los Angeles judge dismissed the suit two years ago, saying a Police Department review of the gun's design found the Glock's advantages outweighed any inherent risks.

The San Francisco Chronicle says the 2nd District Court of Appeals on Tuesday reinstated the suit, saying a jury could conclude that a grip safety strong enough to withstand a child's grasp would minimize the risk of accidental discharge.


Minnesota court upholds aiding suicide conviction
Court Center | 2012/07/18 23:31
The Minnesota Court of Appeals on Tuesday upheld the convictions of a former nurse who hunted for suicidal people in online chat rooms and encouraged two to kill themselves, saying his actions were not protected speech.

William Melchert-Dinkel, 49, of Faribault, was convicted in 2011 of two counts of aiding suicide. He acknowledged that what he did was morally wrong but argued that he merely exercised his right to free speech. The appeals court disagreed.

"We are confident that the Constitution does not immunize Melchert-Dinkel's morbid, predatory behavior simply because it appears in the form of written words," the justices' 31-page decision said.

Melchert-Dinkel's attorney, Terry Watkins, said that while his client's actions are unsavory, he still believes they are protected by the First Amendment. He plans to appeal to the state Supreme Court.


Report: Syracuse sex-abuse probe prompt but flawed
Court Center | 2012/07/06 22:08
Syracuse University's prompt response to allegations of sexual abuse against an assistant basketball coach was done in good faith but was flawed because, among other things, there was no direct contact with law enforcement, a special committee of the university's board of trustees said in a report released Thursday.

Although the 52-page document states there was no attempt to "cover up" any conduct, it reiterates a criticism voiced by Onondaga County District Attorney William Fitzpatrick that police and the district attorney should have been notified immediately so they could conduct the investigation with all the experience and tools available to law enforcement.

The committee assessed the university's response to allegations that Bernie Fine had sexually abused former ball boy Bobby Davis. It said Davis' allegations "should have been viewed from the outset as involving serious alleged crimes."

Davis, now 41, claims Fine molested him for years beginning when he was around 12 years old. He took the claims to university officials in September 2005.

Fine, in his 36th year on the basketball staff, was fired in November 2011 after the allegations were made public.


Court knocks down BASF, Shell Brazil payment
Court Center | 2012/07/05 09:20
Brazil's top labor court has knocked down a judge's order that Shell Brasil SA and BASF SA deposit $382 million into a fund for workers allegedly contaminated at a chemicals plant.

An emailed statement from the court Wednesday says its lead judge ruled a day earlier in favor of an appeal against immediate payment. A class-action lawsuit seeking compensation from the companies remains before the labor court.

A federal judge in late June ordered the subsidiaries of Royal Dutch Shell PLC and BASF SE to pay into the fund now. Prosecutors sought the order, saying the cash should be immediately available in case workers win the overall lawsuit.

Both Shell and BASF welcomed the new ruling and say they will abide by all legal decisions in the case.
 


Report: Okla. court shooting suspect delusional
Court Center | 2012/07/03 09:19
Prosecutors will review a psychological evaluation that concludes a man accused in a shooting outside the Tulsa County Courthouse doesn't have the capacity to rationally aid in his defense.

Andrew Joseph Dennehy "is exhibiting psychotic symptoms that are marked by delusions of persecution, paranoid ideation and auditory hallucinations," according to Curtis Grundy, a psychologist retained by the defense to evaluate Dennehy.

Grundy's report, filed in court Monday, recommends that Dennehy "be adjudicated as incompetent to stand trial and referred for inpatient psychiatric treatment" for competency restoration at the Oklahoma Forensic Center in Vinita, the Tulsa World  reported.

Dennehy has explained that "the Freemasons and illuminati were conspiring to harm or kill himself and his parents" and that, in response, "he attempted to have himself killed by the police so that the illuminati and Freemasons would leave his parents alone," according to Grundy's report.


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