Appellate court overturns Kickapoo conviction
Headline Legal News | 2010/01/06 18:46

A federal appellate court has overturned the conviction of a former tribal casino manager and his family for allegedly stealing from a tribal casino near the Texas-Mexico border.

The 5th Circuit Court of Appeals in New Orleans overturned the embezzlement convictions of Isidro Garza Jr., his wife and one of his sons. The trio had been among so-called the "Kickapoo Seven" — a group of tribal and casino employees from the Kickapoo Traditional Tribe of Texas accused of stealing from the tribe's small casino near Eagle Pass.

The appellate court overturned the convictions because it said that U.S. District Judge Alia Ludlum erred in transferring the case to Waco, about 300 miles from where the defendants, attorneys and witnesses lived.



UW Madison's patenting arm wins lawsuit
Legal Business | 2010/01/05 20:47

The University of Wisconsin-Madison's patenting arm has won an appeal in federal court against Canadian drug company Xenon.

The 7th Circuit Court of Appeals ruled Tuesday in favor of the Wisconsin Alumni Research Foundation.

The lawsuit dealt with how Xenon handled patent rights to an enzyme that can lower cholesterol levels in the human body.

The appeals court said a lower court correctly ruled in favor of WARF on its claim that Xenon broke its contract for a licensing agreement.

WARF licensed the technology to Xenon in 2001, which then entered into a partnership with Novartis to further develop the discoveries made by the university researchers.

The appeals court says Xenon breached its contract with WARF by not paying its share of sublicense fees.



NYC victim's mom: EMTs were 'inhuman' not to help
Legal Topics | 2009/12/29 04:50
Two emergency medical technicians accused of refusing to help a dying pregnant woman are "inhuman," her mother said Tuesday as a lawyer for the EMTs argued his clients are being vilified in a rush to judgment.

Cynthia Rennix, the mother of 25-year-old Eutisha Revee Rennix, told The Associated Press that the EMTs shouldn't have taken the jobs if they weren't willing to get involved.

"These are people who are supposed to take a minute to be concerned," she said.

But lawyer Douglas Rosenthal said the facts will show that Jason Green and Melissa Jackson acted "appropriately" at the Au Bon Pain outlet in Brooklyn on Dec. 9.

The two were at the eatery when Eutisha Rennix, an employee, collapsed. Witnesses have said the EMTs told workers to call 911, then left when they were asked to help the 25-year-old woman.



Randy, Evi Quaid plead not guilty in fraud case
Areas of Focus | 2009/12/28 04:48
Randy and Evi Quaid finally appeared in court Tuesday and pleaded not guilty to felony charges of defrauding an innkeeper.

The couple skipped previous court hearings without explanation after being accused of using an invalid credit card to defraud San Ysidro Ranch in Montecito of more than $10,000.

Their attorney Robert Sanger did not immediately return a call seeking comment. He has said the Quaids repaid the ranch and hoped to resolve the case.

It appeared the Quaids had forfeited a total of $40,000 in bail when they failed to appear for a hearing last week.

But a judge allowed that money to stand as bail Tuesday and freed the two defendants, prosecutor Lee Carter said.



Kansas gov to propose tobacco tax increase in 2010
Legal Topics | 2009/12/24 04:51
Gov. Mark Parkinson will propose increasing Kansas' tobacco taxes next year, a spokeswoman said Wednesday.

The Democratic governor's plan is likely to face strong opposition in the Republican-controlled Legislature, although the Senate's top leader said he'd support the idea.

Parkinson spokeswoman Beth Martino said the governor hasn't settled on how much of an increase he'll propose. But she hinted that he's considering asking legislators to bring Kansas' cigarette tax up to the national average.

Kansas' cigarette tax is 79 cents a pack. The national average for states and the District of Columbia is $1.34 a pack, according to the Washington-based group Campaign for Tobacco-Free Kids.



Pa. teens plead not guilty to hate crime charge
Areas of Focus | 2009/12/24 04:49
A federal judge denied bail Tuesday for two Pennsylvania teens who pleaded not guilty to a hate crime charge in the death of a Mexican immigrant, noting that one defendant is accused of kicking the victim in the head "as if you were kicking a field goal."

Brandon Piekarsky, 18, and Derrick Donchak, 19, were charged in the July 2008 beating death of 25-year-old Luis Ramirez in the town of Shenandoah. A separate indictment charges three police officers with obstructing the investigation into Ramirez's death.

Judge Malachy Mannion ruled that Piekarsky and Donchak should remain locked up pending trial, calling them dangers to the community. He set a March trial date.

A Schuylkill County jury acquitted the teens in May of the most serious state charges against them — including third-degree murder in Piekarsky's case — angering Hispanic leaders and civil-rights groups. Gov. Ed Rendell then asked the Justice Department to pursue civil rights charges.

Mannion noted that it is extremely rare for the federal government to pursue charges in a case already decided in state court.



TVA coal ash spill has hundreds suing for damages
Areas of Focus | 2009/12/23 04:52
Hundreds of people sued the Tennessee Valley Authority for damages before a one-year deadline to file personal injury claims related to the utility's huge coal ash spill at Kingston.

Court clerks said 20 more federal lawsuits were filed in Knoxville on the final day before the Monday deadline, most of them seeking damages for multiple plaintiffs.

TVA has filed motions that contend the nation's largest public utility was providing a government service and is immune from such damage claims.

An attorney with clients seeking damages in 28 lawsuits, John Agee of Clinton, said Tuesday that instead of a court fight, some sort of administrative agency should be set up to deal with the claims. They stem from the Dec. 22, 2008 spill and TVA's continuing cleanup at the coal-fired plant about 40 miles west of Knoxville.



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