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    The daily front page news for the Legal Broadcast Network

    News from the Legal Broadcast Network

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    Friday
    10Jul

    NHL Wins in Coyotes Bankruptcy Litigation

    The Coyotes and the team's owners (repped by Squire, Sanders & Dempsey) filed for bankruptcy last month and announced they had struck an agreement to sell the franchise to Balsillie, owner of the company behind the BlackBerry and a Canadian hockey fanatic who has twice tried to bring a seventh hockey franchise to Canada.

    The NHL, repped by Skadden, Arps, Slate, Meagher & Flom (one of two go-to firms for the NHL along with Proskauer Rose), objected to the sale, saying the Coyotes never gave the league a heads-up and were violating league rules that required teams to get permission from other owners to relocate.

    So, for the first time, a federal judge had to answer the question: Could a sports team use the asset sale procedures of bankruptcy court to sidestep league rules about franchise relocation?

    Click to read more ...

    Thursday
    09Jul

    Luis Bartolomei Analysis on Flores v. Arizona

    The U.S. Supreme Court took a major step toward ending a 17-year legal battle Thursday, saying lower courts made a mistake by focusing too much on forcing Arizona to spend more money to help students who haven't yet learned to speak, read or write English.

    Scott Drake interviews Luis Bartolomei a partner with Reyes, Bartolomei and Browne in Dallas.

    Click to read more ...

    Wednesday
    08Jul

    The GOP On Al Franken

    Former comedian Al Franken will be Senator Franken after being sworn in on Tuesday, July 7, 2009 but he’s not laughing. He’s quite serious about proving that he is no longer a comedian and about his role as the 60th Democrat U. S. Senator, who is providing the historic filibuster-proof supermajority.

    Scott Drake discusses the new balance of the U. S. Senate with Scott Wheeler, executive director of the National Republican Trust, the third largest conservative political PAC in the US, just behind the NRA.

    As you might imagine, Wheeler isn't too complimentary of Franken or the process that got him elected.

     

    Monday
    06Jul

    Damages Awards for Wrongful Imprisonment Should Be Tax Free

    Wood and Porter partner Rob Wood, host of the Tax Law Channel writes in the Los Angeles Daily Journal: "It's hard to imagine a more compelling case for tax free treatment than being wrongfully confined behind bars."

    A recent Us Tax Court case says these damages awards may be taxable.

    Click to read more ...

    Monday
    06Jul

    Harvard Business School Responsible for Financial Crisis?

    Philip Delves Broughton is a former journalist at the Daily Telegraph of London. In his book "Ahead of the Curve" he chronicles his love-hate relationship with the Harvard Business School, where he spent two years getting his M.B.A. He says HBS must share accountability for the financial crisis.

    From The Washington Post

    Reviewed by Bryan Burrough

    In 2004, the 31-year-old Paris bureau chief of London's Daily Telegraph newspaper, Philip Delves Broughton, gave up the rigors of daily journalism. Too many long nights in dismal airport lounges and too many silly French press conferences had taken their toll. Casting about for a change in careers, he applied to business schools and, to his surprise, was accepted at Harvard.

    Broughton tells what happened next in Ahead of the Curve, a useful primer for anyone considering a similar path, or just curious as to how Harvard churns out all those gleaming little masters of the universe. This book should really be called "Harvard B-School for Dummies," or maybe "I went to Harvard B-School and all I got was this stupid T-shirt," because it assumes the reader, like Broughton, knows precisely nil about the corporate world, and because the author somehow managed to graduate from the world's premier MBA factory without, well, an actual job.

    The book doesn't work especially well as a conventional narrative. There's no suspense; Broughton writes that it's almost impossible to flunk out. Rather, Ahead of the Curve offers a good sense of Harvard Business School's day-to-day workings, everything from what the other students are like to the merits of each lecturer to impressions of business titans such as Warren Buffett and Stephen Schwarzman, who revolve through the doors offering pointers on how to get filthy rich.

    Click to read more ...

    Friday
    03Jul

    Expansion Of Gun Rights

    Last month a court upheld Chicago’s ban on most handguns, while in April a California court completely disagreed on the constitutional issue. The differing opinions mean that the whole issue of city and state gun laws will probably head back to the Supreme Court for clarification, leading many legal experts to predict a further expansion of gun rights. Scott Drake interviews Eugene Volokh, a law professor at the University of California, Los Angeles on the issue of gun ownership rights and gun control, as well as the recent legal history and court decisions on the second ammendment.

    Dr. Volokh is well known for his widely read blog, "The Volokh Conspiracy" and is a frequent guest on various talk radio shows nationally as a result of his expertise on both first and second ammendment issues. A noted liberatarian/conservative thinker, he clerked under Alex Kozinski and Supreme Court Justice Sandra Day O'Connor.

    This review by a noted national law professor, writer and commentator is a special edition of Speaking of Justice for the 4th of July holiday as we celebrate our independence and reflect on the documents and traditions that allow us to remain a free society. Enjoy your holiday, enjoy your freedoms, enjoy having the right to disagree and argue without fear or reprisal and keep coming back to The Legal Broadcast Network for more of this same kind of thoughtful analysis from both sides of the political spectrum.

    Wednesday
    01Jul

    NYU Law Professor Cristina Rodriquez on Ricci v. DeStefano 

    ( The Hill) The Supreme Court on Monday narrowly reversed a controversial decision written by President Obama’s nominee to join the body, giving conservative groups a chance to take issue with Judge Sonia Sotomayor even as her confirmation looks increasingly likely.

    Justices reversed the Second Circuit Court of Appeals decision in Ricci v. DeStefano, a case that has been at the heart of conservative opposition to Sotomayor’s nomination.

    Click to read more ...

    Wednesday
    01Jul

    Dr. Mehdi Noorbaksh Discusses Iran's Election 

    Dr Mehdi Noorbaksh is an expert on Middle East politics and the son-in-law of 78-year-old former Iranian Foreign Minister, Dr Ebrahim Yazdi who was arrested last week in a hospital and put in prison by Iranian security forces.

    Scott Drake interviews Noorbaksh who specializes in international politics, global energy and health and democratic movements in Middle East politics.

    Wednesday
    01Jul

    Flores v. Arizona Sent back to 9th Circuit

    (AZCentral) The U.S. Supreme Court took a major step toward ending a 17-year legal battle Thursday, saying lower courts made a mistake by focusing too much on forcing Arizona to spend more money to help students who haven't yet learned to speak, read or write English.

    The court voted 5-4 to send the Flores vs. Arizona case back to the 9th U.S. Circuit Court of Appeals.

    The instructions are to consider whether Arizona has complied with civil-rights law by improving both English-learner programs and K-12 education overall.

    Click to read more ...

    Monday
    29Jun

    Mina Sirkin on Michael Jackson's Estate

    (PR Newswire) Mina Sirkin,  a nationally recognized attorney reporting on inheritance matters, expects that the disputes around Jackson's children, estate and life insurance may have unexpected results.

    Sirkin, who was the CBS2/KCAL9 expert on the death of Anna Nicole Smith and the guardianship of her child, and a media expert regarding the Conservatorship of Britney Spears, says it is likely that the nomination of guardian by Michael Jackson relating to the two children he had with his ex-wife, Debbie Rowe may fail because the court did not make the special findings necessary to terminate her paternal rights. Therefore, under California law, Rowe as the mother of those two children will have priority over any nominated "guardian of the person" by Michael Jackson. However, Debbie can't expect the same results when it comes to guardianship of the estate of the minors.

    Click to read more ...

    Monday
    29Jun

    Obafemi Ayanbadejo Banned Substance Lawsuit

     (AZ Central) Femi Ayanbadejo knows that he messed up.

    But he also wants people - especially those in the Cardinals organization - to know that he didn't lie to them, and that he didn't intentionally take a banned substance before he tested positive for one in January 2007.

    That was shortly after the last of his three seasons as a fullback for the Cardinals. He learned of the positive test in April and was released in June. He then signed with Chicago, where he served a four-game suspension before being cut by the Bears.

    He hasn't played in the NFL since.

    Click to read more ...

    Friday
    26Jun

    U.S. Supreme Court Declares Strip Search Of 13-Year-Old Student Unconstitutional

    The U.S. Supreme Court today ruled that school officials violated the constitutional rights of a 13-year-old Arizona girl when they strip searched her based on a classmate's uncorroborated accusation that she previously possessed ibuprofen. The American Civil Liberties Union represents April Redding, the plaintiff in the lawsuit, whose daughter, Savana Redding, was strip searched by Safford Middle School officials six years ago.

    "We are pleased that the Supreme Court recognized that school officials had no reason to strip search Savana Redding and that the decision to do so was unconstitutional," said Adam Wolf, an attorney with the ACLU who argued the case before the Court. "Today's ruling affirms that schools are not constitutional dead zones. While we are disappointed with the Court's conclusion that the law was not clear before today and therefore school officials were not found liable, at least other students will not have to go through what Savana experienced."

    Click to read more ...

    Friday
    26Jun

    Medical Malpractice and Health Care (Video)

    ( NY Times) Hoping to enlist support for his campaign for health care reform, President Obama told the American Medical Association this week that he would work with doctors to limit their vulnerability to malpractice lawsuits. That was a reasonable offer — provided any malpractice reform is done carefully.

    The current medical liability system, based heavily on litigation, has a spotty record. It fails to compensate most victims of malpractice because most never file suit. When cases reach the courts, some juries do a decent job of sorting out whether there was negligence or preventable error; others are swayed to grant large damage awards based more on the severity of a patient’s injuries than on clear evidence of negligence.

    Scott Drake interviews medical malpractice expert Barry MacBan in this video

    Click to read more ...

    Thursday
    25Jun

    Stories We're Following

    US Supreme Court Declares Strip Search of 13 year Old Student Unconstitutional.

    Friday we'll talk with ACLU attorney, Adam Wolf, who argued the Supreme Court Case on behalf of the Redding family.

     

    Thursday
    25Jun

    Wall Street Meltdown Impacting How Jurors View Attorneys & Business Clients

    Recent revelations about corporate greed and wrong- doing have significantly altered juror attitudes, says Dr. Noelle Nelson, a California trial consultant and author of the booklet, "101 WinningTips: How to Give a Good Deposition & Testify Well in Court."

    Jurors who may have once rationalized, 'What the heck, everybody does it,"are now holding lawyers and their corporate clients to a higher standard,"notes Nelson. "Taking advantage of others by virtue of contractual  technicalities and loopholes was viewed as flaky but an ordinary way of operating in the business world. Now, it's seen as an unacceptable moral failing. "

    Click to read more ...

    Tuesday
    23Jun

    Dog Regulations Run Amok? The CDOC vs The City of Los Angeles

    No area of the law or regulation creates more controversy and passion then anything linked to dogs, cats and other domestic pets and the lawsuit brought by Concerned Dog Owners of California (CDOC) against the City of Los Angeles over their mandatory spay and neuter regulations is no exception. Last year they filed a lawsuit to over turn the mandatory spay and neuter regulations imposed on all dog owners in the City, in which set dates for spay and neuter are established, civil and administrative penalties are outlined and entire categories of dog breeders, owners and hobbyists now fall under increasingly strict laws and oversight.

    Click to read more ...

    Monday
    22Jun

    Chris Brown Deal...5 Years Probation (Video)

    (ABC News) The details of what really happened between Chris Brown and Rihanna in a rented Lamborghini during the early hours of Feb. 8 may never be known, since Brown struck a deal with prosecutors today, pleading guilty to felony assault in exchange for probation.

    PHOTO Singer Chris Brown arrives to the Criminal Courts Building for a preliminary hearing to determine if he will stand trial for allegedly attacking pop singer Rihanna

    Brown's lawyer Mark Geragos announced that a deal had been struck just minutes before a preliminary hearing was set to start in a Los Angeles courtroom. Brown, who could have faced four years in prison for felony charges of assault and making criminal threats, will not serve any jail time.

    Click to read more ...

    Monday
    22Jun

    Chris Brown to Attend Preliminary Examination Today

    Judge Eugene M. Hyman is a judge of the Superior Court of California, County of Santa Clara (San Jose) and a frequent LBN Commentator on cases in the criminal, civil, probate, family, and delinquency divisions of the court.

    He has presided over an adult domestic violence court and in 1999 presided over the first juvenile domestic violence and family violence court in the United States.

    The following from his blog:

    Anatomy of Domestic Violence Preliminary Examination in California

    Chris Brown is scheduled to attend, on Monday afternoon, a preliminary examination regarding his two felony counts of assault against Rihanna that is alleged to have occurred on February 8, 2009.

    This blog posting describes the preliminary hearing process in California.

    Most court cases settle. Only about 5% of cases, whether civil or criminal, actually go to a trial. This figure suggests that there is a strong likelihood that Mr. Brown’s case will settle as well. Every court appearance is an opportunity for a case to settle regardless of whether the proceeding is a pre-trial or settlement conference.

    Since most cases settle, the preliminary examination may be the only opportunity for the public to gain knowledge about the case’s merits through testimony and other forms of evidence including pictures, if available.

    Click to read more ...

    Saturday
    20Jun

    Unequal Rights for Those Injured by the US Government

    Matt Bracy, host of the Factoring Channel writes in his blog this week "The US Department of Justice decided several years ago that it does not like structured settlement factoring, and will not “allow” structured settlements it owns to be factored. Exactly who made that decision, and why, has been hidden behind the “executive privilege”. In resisting attempts to factor payments, the Department of Justice invokes the ancient concept of “sovereign immunity” – the sovereign, or in our case, the US government, cannot be sued unless it has consented to be sued."

     

    Scott Drake interviews Settlement Capital Corporation's chief counsel Matt Bracy.

    Click to read more ...

    Friday
    19Jun

    Jack Ballentine "Murder For Hire"

    Jack Ballentine became a Phoenix police officer in 1978 and quickly rose to the top as one of the world’s most successful undercover operatives. His specialty: posing as an undercover hit man. None of the people who hired him had any inkling that he was actually a cop, and his work led to a perfect rate of twenty-four convictions out of twenty-four indictments on murder conspiracy charges. 

     

    Click to read more ...