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Student bra search case goes to NC Supreme Court
Legal News | 2012/02/13 18:21
The North Carolina Supreme Court is hearing arguments over whether school officials should be allowed to search students' bras for drugs.

A student at an alternative school sued after students had to untuck their shirts and pull out their bras with their thumbs in front of two men in 2008. The searches were done after the principal at Brunswick County Academy received a tip that pills were being brought into the school.

An appeals court ruled last year the searches were "degrading, demeaning and highly intrusive."

The attorney general's office is representing the school. The office says no skin was shown during the search, and students who are assigned to an alternative school because of disciplinary problems have a lesser expectation of privacy than other students.


Experts: Marriage ban's path to high court unclear
Legal News | 2012/02/08 17:43
Conservative critics like to point out that the federal appeals court that just declared California's same-sex marriage ban to be unconstitutional has its decisions overturned by the U.S. Supreme Court more often than other judicial circuits, a record that could prove predictive if the high court agrees to review the gay marriage case on appeal.

Yet legal experts seemed to think the panel of the San Francisco-based 9th U.S. Circuit of Appeals struck down the voter-approved ban on Tuesday purposefully served up its 2-1 opinion in a narrow way and seasoned it with established holdings so the Supreme Court would be less tempted to bite.

The appeals court not only limited the scope of its decision to California, even though the 9th Circuit also has jurisdiction in eight other western states, but relied on the Supreme Court's own 1996 decision overturning a Colorado measure that outlawed discrimination protections for gay people to argue that the voter-approved Proposition 8 violated the civil rights of gay and lesbian Californians.

That approach makes it much less likely the high court would find it necessary to step in, as it might have if the 9th Circuit panel had concluded that any state laws or amendments limiting marriage to a man and a woman run afoul of the U.S. Constitution's promise of equal treatment, several analysts said.


Utah high court to hear posthumous benefits case
Legal News | 2012/02/07 18:09
Utah's Supreme Court is deciding whether a sperm donor contract is proof that a man wanted to be a father, even after his death.

The question stems from a dispute between Gayle Burns and the Social Security Administration, which denied survivor benefits to the son Burns conceived after her husband died from cancer.

Oral arguments are set Tuesday in Salt Lake City.

Michael Burns had contracted with medical providers to preserve his sperm before he died of cancer in 2001. Gayle Burns became pregnant in 2003.

Social Security denied a 2005 benefits petition, saying federal law doesn't allow for payments to posthumously-conceived children.

Gayle Burns challenged the ruling in Utah's federal court.

A federal judge asked Utah's Supreme Court to address the issue first.


Norway mass killer demands medal at court hearing
Legal News | 2012/02/06 18:03
The right-wing extremist who has admitted killing 77 people in the worst peacetime massacre that Norway has ever seen told a court Monday that he deserves a medal of honor for the bloodshed and demanded to be set free.

Anders Behring Breivik smirked as he was led in to the Oslo district court, handcuffed and dressed in a dark suit, for his last scheduled detention hearing before the trial starts in April. He stretched out his arms in what his lawyer Geir Lippestad said was "some kind of right-wing extremist greeting."

Reading from prepared remarks, the 32-year-old Norwegian told the court that the July 22 massacre — carried out with a bomb, a rifle and a handgun — was a strike against "traitors" he said are embracing immigration to promote "an Islamic colonization of Norway."

Like in previous hearings, Breivik admitted to setting off the bomb outside the government headquarters in Oslo and opening fire at a Labor Party youth camp on Utoya island, outside the capital, but denied criminal responsibility and rejected the authority of the court.

About 100 survivors and relatives of victims watched in disbelief, as Breivik asked to be released, and told the judge he should receive a military honor for Norway's most deadly peacetime attacks.


The Law Firm of Levi & Korsinsky, LLP Launches an Investigation
Legal News | 2012/01/17 20:37
Levi & Korsinsky is investigating potential claims on behalf of purchasers of Integra LifeSciences Holdings Corporation  securities concerning possible violations of federal securities laws.

On January 5, 2012, Integra LifeSciences announced that it received a warning letter from the United States Food and Drug Administration related to quality systems and compliance issues found at its collagen manufacturing facility located in Plainsboro, New Jersey in August 2011. The Company also announced it expects total revenues in the fourth quarter to be approximately 3% below the low end of previously issued guidance. Upon this news, Integra LifeSciences stock fell 20% on January 6, 2012 to close at $24.49 per share; the stock continues to fall, closing on January 10, 2012 at $23.22 per share.

If you own Integra LifeSciences stock and wish to obtain additional information about the investigation and your legal rights, please contact Joseph E. Levi, Esq. either via email at jlevi@zlk.com or by telephone at (212) 363-7500, toll-free: (877) 363-5972, or visit http://www.zlk.com/integra-lifesciences-holdings-iart.html .

Levi & Korsinsky has expertise in prosecuting investor securities litigation and extensive experience in actions involving financial fraud and represents investors throughout the nation, concentrating its practice in securities and shareholder litigation. Attorney advertising. Prior results do not guarantee similar outcomes.

www.zlk.com


High court weighs policy against curse words on TV
Legal News | 2012/01/09 17:55
The Supreme Court is considering whether government regulators may still police the airwaves for curse words and other coarse content at a time when so many Americans have unregulated cable television, and the Internet is awash in easily accessible adult material.

The justices are hearing arguments Tuesday in a First Amendment case that pits the Obama administration against the nation's television networks. The material at issue includes the isolated use of expletives as well as fines against broadcasters who showed a woman's nude buttocks on a 2003 episode of ABC's "NYPD Blue."

The broadcasters want the court to overturn a 1978 decision that upheld the Federal Communications Commission's authority to regulate both radio and television content, at least during the hours when children are likely to be watching or listening. That period includes the prime-time hours before 10 p.m.

At the very least, the networks say the FCC's current policy is too hard to figure out, penalizing the use of particular curse words on awards programming but not in the airing of the movie "Saving Private Ryan," for example.

The administration said that even with the explosion of entertainment options, broadcast programming remains dominant. It also needs to be kept as a dependable "safe haven" of milder programming, the administration said.


Court hearings resume in Jefferson bankruptcy case
Legal News | 2012/01/05 17:39
Court hearings in Jefferson County's record-setting bankruptcy filing are scheduled to resume Thursday. The Birmingham News reports that U.S. Bankruptcy Judge Thomas Bennett is expected to consider a variety of motions.

Jefferson County filed the largest municipal bankruptcy in U.S. history last year over more than $4 billion in debt. Most of the debt stems from borrowing to pay for upgrades to the county's sewer system.

This week, a group of Alabama lawmakers, Jefferson County commissioners and health care professionals met privately to discuss ways to address the county's general fund crisis and other matters.

The Birmingham News reports the three-hour meeting at Vestavia Hills City Hall included Commission President David Carrington; Republican state Rep. Paul DeMarco of Homewood; and Republican state Sen. Jabo Waggoner of Vestavia Hills.

Participants said Tuesday's meeting was the latest in a series of behind-the-scenes efforts among commissioners, Jefferson County legislators, business leaders and others to find ways to solve the county's massive general fund woes.


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