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Driver acquitted in deadly Megabus crash in NY
Areas of Focus |
2012/02/28 16:05
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A bus driver was acquitted Tuesday of homicide charges in the deaths of four passengers killed when his double-decker crashed into an overpass in upstate New York.
A judge announced the verdict after a non-jury trial for 60-year-old John Tomaszewski of Yardville, N.J. Tomaszewski would have faced up to four years in state prison on each of four counts of criminally negligent homicide. He sat with his head bowed and showed no reaction as Onondaga County Court Judge Anthony Aloi read the verdict.
"It was a tragic accident and four people lost their lives," Tomaszewski said as he left court. "It's something I'll have to deal with the rest of my life."
There were 29 passengers on the Megabus when the top of the bus hit the railroad bridge in Salina, just outside Syracuse, early on the morning of Sept. 11, 2010.
Tomaszewski was driving from Philadelphia to Toronto with a planned stop at the Regional Transportation Center in Syracuse when he missed an exit from Interstate 81 and ended up on the parkway instead.
Assistant District Attorney Chris Bednarksi said during the trial that Tomaszewski was using a personal GPS device as he tried to find his way to the bus station and passed 13 low-bridge warning signs, some with flashing yellow lights, before the wreck. |
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Eugene Family Law Firm - MJM Law Office, P.C.
Attorney News |
2012/02/25 17:49
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MJM Law Office, P.C. represents men and women throughout Lane County and surrounding areas in family law cases. Mr. Mizejewski understands the emotional turmoil that can accompany a change in your family dynamics, and he strives to protect your interests. Working in the Eugene, Oregon area, MJM Law Office represents most family law matters including: divorce, child custody, parenting time, child/spousal support, domestic violence, and juvenile dependency and delinquency. Oregon’s divorce laws are codified in Chapter 107 of the Oregon Revised Statutes.
Oregon is a no-fault divorce state, which means that the only legal reason required to file a divorce is that you and your spouse cannot get along, and you see no way of settling your problems. The legal term for this is "irreconcilable differences." No evidence of fault or misconduct is required or involved, unless there has been misconduct relating to child custody.
MJM Law Office is an experienced family law firm located in Eugene, Oregon and consistently fight hard for the rights of the victims of family matters and cases. Their attorneys are able to ease one of the most emotionally draining and difficult experiences and ensure that your rights are protected. Let them help you prepare for the future and move on with your life. Visit mjmlawoffice.com for more information. |
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Appeals court tosses Armenian payments law
Legal Topics |
2012/02/24 17:50
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A federal appeals court on Thursday struck down a novel and controversial California law that allowed descendants of 1.5 million Armenians who perished in Turkey nearly a century ago to file claims against life insurance companies accused of reneging on policies.
The move came when a specially convened 11-judge panel of the 9th Circuit Court of Appeals unanimously tossed out a class action lawsuit filed against Munich Re after two of its subsidiaries refused to pay claims.
The ruling, written by Judge Susan Graber, said the California law trampled on U.S. foreign policy — the exclusive jurisdiction of the federal government.
The California Legislature labeled the Armenian deaths as genocide, a term the Turkish government vehemently argued was wrongly applied during a time of civil unrest in the country.
The court noted the issue is so fraught with politics that President Obama studiously avoided using the word genocide during a commemorative speech in April 2010 noting the Armenian deaths.
The tortured legal saga began in 2000 when the California Legislature passed a law enabling Armenian heirs to file claims with insurance companies for policies sold around the turn of the 20th century. It gave the heirs until 2010 to file lawsuits over unpaid insurance benefits. |
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NY court decision bolsters anti-fracking movement
Headline Legal News |
2012/02/23 17:44
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A New York court decision has bolstered a movement among towns determined to prevent the controversial practice of hydraulic fracturing for natural gas within their borders.
A state Supreme Court justice on Tuesday upheld the town of Dryden's August 2011 zoning amendment banning gas drilling. Denver-based Anschutz Exploration Corporation, which has spent $5.1 million leasing and developing 22,000 acres in Dryden, about 40 miles southwest of Syracuse, had argued state law trumped the ban.
More than 50 New York communities have enacted gas-drilling bans. Binghamton attorney Helen Slottje, who helps draft such laws, says the ruling should embolden towns considering local bans.
"We think it's a terrific vindication of the town's right to home rule and to decide their future," Slottje said Wednesday. "It really should give the green light to communities that want to proceed down this route."
Albany attorney Tom West, who represented Anschutz, said the trial-level state court decision is likely to be appealed to the mid-level Appellate Division and, if necessary, to the state Court of Appeals.
"We remain confident in our position that municipalities cannot ban natural gas drilling in New York state," West said.
Another challenge of a municipal gas-drilling ban is pending in Otsego County, where Cooperstown Holstein Corp. sued the town of Middlefield over a ban similar to Dryden's. The lawsuit says the landowner has leased nearly 400 acres to a gas-drilling company and the ban would block the economic benefits of the arrangement. |
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Court says police cannot be sued over warrant
Headline Legal News |
2012/02/22 17:45
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The Supreme Court said Wednesday that California police officers cannot be sued because they used a warrant that may have been defective to search a woman's house.
The high court threw out the lawsuit against Los Angeles County Sheriff's Detective Curt Messerschmidt and other police officials, who were being sued personally by Augusta Millender for the search on her house and confiscation of her shotgun.
Police were looking for her foster son, Jerry Ray Bowen, who had recently shot at his ex-girlfriend with a black sawed-off shotgun. She told police that he may be at his foster mother's house, so Messerschmidt got a warrant to look for any weapons on the property and gang-related material, since Bowen was supposed to be a member of the Mona Park Crips and the Dodge Park Crips. The detective had his supervisors approve the warrant before submitting to the district attorney and a judge, who also approved the warrant. |
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Court: Rights don't have to be read to prisoners
Areas of Focus |
2012/02/21 18:02
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The Supreme Court said Tuesday investigators don't have to read Miranda rights to inmates during jailhouse interrogations about crimes unrelated to their current incarceration.
The high court, on a 6-3 vote, overturned a federal appeals court decision throwing out prison inmate Randall Lee Fields' conviction, saying Fields was not in "custody" as defined by Miranda and therefore did not have to have his rights read to him.
"Imprisonment alone is not enough to create a custodial situation within the meaning of Miranda," Justice Samuel Alito wrote in the court's majority opinion.
Three justices, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor, dissented and said the court's decision would limit the rights of prisoners.
"Today, for people already in prison, the court finds it adequate for the police to say: 'You are free to terminate this interrogation and return to your cell,'" Ginsburg said in her dissent. "Such a statement is no substitute for one ensuring that an individual is aware of his rights."
Miranda rights come from a 1966 decision that involved police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix. It required officers to tell suspects they have the right to remain silent and to have a lawyer represent them, even if they can't afford one.
Previous court rulings have required Miranda warnings before police interrogations for people who are in custody, which is defined as when a reasonable person would think he cannot end the questioning and leave. |
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Lower Chinese court rules shops should pull iPads
Areas of Focus |
2012/02/20 17:36
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Apple's dispute over the iPad trademark deepened Monday after the Chinese company that claims ownership of the name said it won a court ruling against sales of the popular tablet computer in China.
Xie Xianghui, a lawyer for Shenzhen Proview Technology, said the Intermediate People's Court in Huizhou, a city in southern China's Guangdong province, had ruled on Friday that distributors should stop selling iPads in China.
The ruling, which was also reported widely in China's state media, may not have a far-reaching effect. In its battle with Apple, Proview is utilizing lawsuits in several places and also requesting commercial authorities in 40 cities to block iPad sales.
Apple Inc. said in a statement Monday that its case is still pending in mainland China. The company has appealed to Guangdong's High Court against an earlier ruling in Proview's favor.
Apple insists it holds the trademark rights to the iPad in China. |
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