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Court Rules R.J. Reynolds Violated Ad Agreement
Headline Topics |
2009/06/30 09:01
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According to a href=http://http://www.courthousenews.com/2009/07/15/Court_Smokes_Out_Tobacco_Company_s_Cartoon_Ad.htmCourthouse News,/a the Washington Court of Appeals has ruled that tobacco giant R.J. Reynolds violated their contract with 46 states to stop the use of cartoons in advertisements.
The four-page advertisement in question was featured in the Nov. 15, 2007 issue of Rolling Stone, but some, including courts in Ohio and Maine, are not convinced that the collage-style advertisement is actually a cartoon.
In line with the final court ruling, Judge Anne Ellington disagrees with the Ohio and Maine courts.
Under a blue sky in a pastoral Eden, roosters hitch rides on floating tractors, speakers grow out of the ground and radios fly, Ellington wrote. This is in a world where the natural laws do not obtain, where cancer and serious health problems can cease to exist.
R.J. Reynolds refutes liability because they did not know that the advertisement would containt cartoon images and they are not responsible for the editorial content.
While the court did agree with this, they still ruled that the advertisement had violated the master settlement agreement. The appellate court is now considering appropriate action against the company. |
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Mich. Judge has say in Dress
Court Watch News |
2009/06/17 09:04
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The Michigan Supreme Court on Wednesday voted to give judges authority over how witnesses dress in court after a Muslim woman refused to remove her veil while testifying in a small claims case.
A statewide court rule letting judges regulate the appearance of witnesses — such as asking them to remove face coverings — was approved by a 5-2 vote. The dissenters said there should be an exception for people whose clothing is dictated by their religion.
Justices heard last month from a Muslim woman who sued because her small claims case was dismissed when she refused to remove her veil.
Hamtramck District Judge Paul Paruk told Ginnnah Muhammad he needed to see her face to judge her truthfulness. The 45-year-old from Detroit kept her niqab on during the 2006 hearing.
Some Muslim leaders interpret the Quran to require that women wear a headscarf, veil or burqa in the presence of a man who is not their husband or close relative.
After Muhammad sued the judge, the Michigan Judges Association and Michigan District Judges Association got behind a court rule giving judges reasonable control over the appearance of parties and witnesses to observe their demeanor and ensure they can be accurately identified. |
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North Korea Threatens Merciless Attacks
Headline Topics |
2009/06/17 09:02
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North Korea today warned that it would launch a merciless attack if provoked by the US and its allies, hours after President Barack Obama described the state's nuclear and missile programmes as a grave threat to the world.
If the US and its followers infringe upon our republic's sovereignty even a bit, our military and people will launch a one hundred or one thousandfold retaliation with [a] merciless military strike, the state-controlled Minju Joson newspaper said.
The newspaper described Obama as a hypocrite for supporting a nuclear-free world while making what it claimed were frantic efforts to develop new nuclear weapons at home. The nuclear programme is not the monopoly of the US, it said.
Russia, which shares a border with North Korea, quickly responded that any missile heading for Russian airspace would be promptly shot down. We will see it and shoot it down, the deputy defence minister, Viktor Popovkin, said, according to Interfax.
The North Korean warning came as reports in Japan and South Korea said the regime could be preparing to test launch two long-range ballistic missiles, possibly in retaliation against sanctions agreed by the UN security council at the weekend.
The security council imposed stiffer measures as punishment for North Korea's controlled nuclear explosion last month, including a ban on all weapons exports from North Korea and the import of all but small arms.
The security council also called on member states to stop and search North Korean ships suspected of carrying nuclear and ballistic weapons technology.
Obama said today that every effort would be made to enforce the sanctions. While he repeated his offer of negotiations, Obama said that belligerent, provocative behaviour that threatens neighbours will be met with significant and serious enforcement of sanctions that are in place.
A South Korean newspaper reported that North Korea had started withdrawing money from bank accounts in Macau to prevent it from being frozen under UN sanctions.
North Korea has responded to UN action by threatening to conduct more missile launches, enrich uranium and weaponise all its plutonium. There are also fears that it is preparing to carry out another nuclear test, its third since October 2006.
Reports in South Korea said a train capable of transporting intercontinental ballistic missiles had been spotted arriving at a launch site in Musudan-ri on the north-east coast, weeks after it had taken a missile to a newer site in the north-west.
Any tests would be likely to involve an improved version of the Taepodong-2 missile, which has a theoretical range of 4,800 km, enough to put it within striking distance of Alaska. In previous tests the missile has either failed or fallen harmlessly into the Pacific ocean.
A senior US military official warned this week that North Korea could pose a real threat to the US west coast in three to five years if its missile development continued unchecked.
It does not include how long it takes to build that warhead, General James Cartwright, vice-chairman of the joint chiefs of staff, told a senate hearing on missile defence. And that assumes a lot of luck on their part in moving forward.
North Korea's rhetorical outbursts serve two purposes: to intimidate its enemies and whip up support for the regime at home.
The country's leader, Kim Jong-il, is consolidating his position as he prepares to hand over power to his youngest son, Kim Jong-un.
Today North Korea denied Japanese media reports that Jong-un had flown to Beijing earlier this month to meet the Chinese president, Hu Jintao.
The Asahi Shimbun newspaper said Jong-un, 26, had told Chinese officials he held a senior position in the ruling Korean workers' party and had been officially anointed to succeed his ailing father, who suffered a stroke last summer. |
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Court says judges must avoid appearance of bias
Headline Topics |
2009/06/08 16:17
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The Supreme Court ruled Monday that elected judges must step aside from cases when large campaign contributions from interested parties create the appearance of bias.
p
By a 5-4 vote in a case from West Virginia, the court said that a judge who remained involved in a lawsuit filed against the company of the most generous supporter of his election deprived the other side of the constitutional right to a fair hearing./ppJust as no man is allowed to be a judge in his own cause, similar fears of bias can arise when — without the consent of the other parties — a man chooses the judge in his own cause, Justice Anthony Kennedy said for the court./ppWith multimillion-dollar judicial election campaigns on the rise, the court's decision Monday could have widespread significance. Justice at Stake, which tracks campaign spending in judicial elections, says judges are elected in 39 states and that candidates for the highest state courts have raised more than $168 million since 2000./ppJudicial elections have become more expensive, more negative and more subject to influence by special interest groups, said Chief Justice Margaret Marshall of Massachusetts, president of the Conference of Chief Justices./ppThe West Virginia case involved more than $3 million spent by the chief executive of Massey Energy Co. to help elect state Supreme Court Justice Brent Benjamin. At the same time, Massey was appealing a verdict, which now totals $82.7 million with interest, in a dispute with a local coal company. Benjamin refused to step aside from the case, despite repeated requests, and was part of a 3-2 decision to overturn the verdict./ppThe coal company, Harman Mining Co., and its president, Hugh Caperton, took the case to the high court./p |
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Ex-Tyco execs lose appeal at Supreme Court
Court Watch News |
2009/06/08 11:17
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| The Supreme Court is refusing to hear an appeal from two former top executives of Tyco International that challenges their convictions for fraud and larceny involving more than $100 million in bonuses.pThe justices' action Monday ends the effort by Tyco's former CEO L. Dennis Kozlowski and former CFO Mark Swartz to overturn their convictions. They are serving prison terms of 8 1/3 to 25 years for taking unauthorized pay./ppThe former executives said their trial was flawed because they were denied access to certain documents that would have helped persuade the jury of their innocence./ppA New York State appeals court previously upheld the convictions./p |
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O.C. Bar Association awards Stewart Glenn
Lawyer News |
2009/05/29 09:01
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pStewart P. Glenn, a partner in the Newburgh law firm of Glenn amp; Breheney PLLC is this year’s recipient of the Orange County Bar Association Outstanding Service Award. Bar Association President Steven I. Milligram, Esq. and Mr. Glenn’s law partner, Mary Fern Breheney, Esq. made the presentation at the Orange County Bar Association’s Annual Meeting held at the Fountains at Wallkill Golf Club on May 7th.
/ppAmong other things, Mr. Glenn’s service to the community included 10 years on the Board of Trustees of St. Luke’s Hospital in Newburgh, 14 Years on the City of Newburgh Zoning Board of Appeals, service as Campaign Chairman and President of the Board of Orange Area United Fund (now a part of United Way of Orange County), 30 years on the Board, including a term as Chairman of the Board and currently Emeritus status of Eastern Orange County Chamber of Commerce (now a part of Orange County Chamber of Commerce), a 30 year tenure on the Board of the Amos and Sarah Holden Home, an adult home in Newburgh and several years of work with the Newburgh Jaycees as Chairman of several projects, as well as serving as Treasurer and President. In addition, he served on the Troop Committee of Boy Scout Troop 27 in Newburgh and as a youth soccer coach./ppIn New Paltz, where Mr. Glenn resides, he serves as a Board Member and Secretary of the New Paltz Community Foundation, as a Member of the Board of Trustees of Huguenot Historical Society, New Paltz, N.Y. and as a member of the Community Improvement Team. He serves on the New Paltz Regional Chamber of Commerce Clean Sweep Committee. He and his law partner, Mary Fern Breheney, Co-Chaired the inaugural Hudson Valley Estate Planning Council public awareness and education program Estate Planning Day at SUNY New Paltz and they will be doing so again for the program which is to take place on October 24th of this year./p |
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Google sued for selling law firm names
Legal Business |
2009/05/29 08:58
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| Connecticut law firm Stratton, Faxon has sued Google for US$50,000 on discovering that a competitor's name appeared in display ads when Stratton's name was typed into the Google search box It is also seeking an injunction preventing Google from selling law firm names in its Adwords business in Connecticut. According to the Connecticut Law Journal, Stratton searched its own name, only to discover that an ad for its competitor, Silver, Golub amp; Teitell, turned up in the ads. Silver, Golub said it didn't know its marketing agency had purchased the Stratton keyword to enable the advertising. |
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