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$54 million for some pants? Court doesn't buy it
Headline News | 2007/06/26 12:44

A judge ruled Monday that no pair of pants is worth $54 million, rejecting a lawsuit that took a dry cleaner's promise of "Satisfaction Guaranteed" to an extreme.
 

Roy Pearson became a worldwide symbol of legal abuse by seeking jackpot justice from a simple complaint -- that a neighborhood cleaners lost the pants from a new suit and tried to give him a pair that were not his. His claim was based on a strict interpretation of the city's consumer protection law -- which imposes fines of $1,500 per violation, per day -- as well as damages for inconvenience, mental anguish and attorney's fees for representing himself.

"A reasonable consumer would not interpret 'Satisfaction Guaranteed' to mean that a merchant is required to satisfy a customer's unreasonable demands," wrote District of Columbia Superior Court Judge Judith Bartnoff.

Bartnoff ordered Pearson, an administrative law judge, to pay clerical court costs of about $1,000 to the defendants. A motion to recover their tens of thousands of dollars in attorney fees will be considered later.



Court bars suit on faith-based plan
Legal Career News | 2007/06/26 11:46

A divided Supreme Court yesterday stopped an atheist group's lawsuit against President Bush's faith-based initiative, ruling that the plaintiffs do not have standing in the case and thus enabling Bush to continue a program he created by executive order without congressional approval.

The decision was made on a day when the high court showed its increasingly conservative tilt, approving restrictions on student speech, loosening limits on corporate- and union-paid advertising close to Election Day, and siding with developers in an environmental suit.

All four cases were decided by 5 -to- 4 votes, with both of Bush's picks -- Chief Justice John G. Roberts Jr., who replaced the late William Rehnquist, and Justice Samuel Alito, who was confirmed after Sandra Day O'Connor retired -- siding with the majority. Rehnquist was a solid conservative, while O'Connor was widely viewed as a centrist swing vote.

The decisions show that "President Bush got exactly what he hoped for, a court substantially further to the right," said Tom Goldstein, a Harvard Law School lecturer on Supreme Court litigation who has also argued cases before the high court. If O'Connor were still on the court, he said, all four cases might have been decided differently.

The faith-based case is particularly important, Goldstein said, because it protects Bush's programs from legal challenges and indicates that the court will be "less concerned about keeping church and state separate, so later decisions will be more sympathetic to government's cooperating with religious institutions."

The plaintiffs in the case, including taxpayers from the Freedom From Religion Foundation, had argued that the funding of the White House Office of Faith-Based and Community Initiatives, violated the established separation of church and state, putting the government in the position of steering hundreds of millions of taxpayer dollars to groups with strong religious affiliations. The plaintiffs argued that Bush was spending taxpayer funds to hold conferences at which religious groups were urged to apply for federal grants.

But the Supreme Court, while not ruling directly on the First Amendment church-state issue, found that the taxpayers who sued the government can not do so simply because they pay taxes.

Writing for the majority, Alito said the federal budget is so big "it is a complete fiction to argue that an unconstitutional federal expenditure causes an individual federal taxpayer any measurable economic harm. And if every federal taxpayer could sue to challenge any government expenditure, the federal courts would cease to function as courts of law and would be cast in the role of general complaint bureaus."

Alito noted that the Supreme Court had previously made an exception under which taxpayers could sue if Congress appropriates funds in a way that violates the separation of church and state. But in this case, Alito wrote, the faith-based initiative funds were "paid for out of general Executive Branch appropriations" and therefore were not directly funded by Congress.



U.S. judge criticizes president on wiretaps
Headline News | 2007/06/26 10:48

A federal judge who used to authorize wiretaps in terrorist and espionage cases criticized President Bush's decision to order warrantless surveillance after the Sept. 11 attacks. Royce Lamberth, a district court judge in Washington, said Saturday it was proper for executive branch agencies to conduct such surveillance. "But what we have found in the history of our country is that you can't trust the executive," he said at the American Library Association's convention.

"We have to understand you can fight the war [on terrorism] and lose everything if you have no civil liberties left when you get through fighting the war," said Lamberth, appointed by President Ronald Reagan.

The judge disagreed with letting the executive branch alone decide which people to spy on in national security cases.

"The executive has to fight and win the war at all costs. But judges understand the war has to be fought, but it can't be at all costs," Lamberth said. "We still have to preserve our civil liberties. Judges are the kinds of people you want to entrust that kind of judgment to more than the executive."

Lamberth was named chief of the Foreign Intelligence Surveillance Court in 1995 by Chief Justice William Rehnquist. He held that post until 2002.

The court meets in secret to review applications from the FBI, the National Security Agency and other agencies for warrants to tap or search the homes of people in the U.S. in terrorist or espionage cases.

Shortly after Sept. 11, Bush authorized the NSA to spy on calls between people in the U.S. and suspected terrorists abroad without court warrants. The administration said it needed to act faster than the court could and that the president had constitutional authority to order warrantless domestic spying.



Attorney Admits Stealing from Clients/Firm
Law Firm News | 2007/06/25 19:08
A Memphis attorney admitted in court this morning to stealing more than $60,000 in client funds from clients and his law firm.

John House Parker, 60, who was disbarred in December, entered his plea in Criminal Court, where he was scheduled to go on trial today. He faces eight to 12 years in prison and is awaiting sentencing by Judge James Beasley Jr.

Parker, who was with the firm formerly known as Rossie, Luckett, Parker & Ridder, took the money from private trust accounts and from probate estates. He was charged with multiple counts of theft involving at least seven victims, including charitable trusts, estates, his law firm and individuals.


Georgia Man Seeks Last Minute Clemency
Court Feed News | 2007/06/25 18:55
A man set to die for killing his wife and two stepdaughters in 1987 deserves to live because he has remorse for the crimes, has tried to redeem himself in prison and the prosecutor at his trial acted improperly, a lawyer argued at a clemency hearing Monday.

John Hightower's attorney, Jack Martin, also said in his petition to the state Board of Pardons and Paroles that several jurors who convicted his client now support his bid for a reprieve.

"There is a terrible and profound irony in that Mr. Hightower is a person to whom family means so much, yet he has committed the act of destroying part of his family," Martin wrote in the petition.

"This fact is not lost on Mr. Hightower. His regret is intense."

As for the allegations against the man who prosecuted Hightower, Martin said that the district attorney at the time removed blacks as potential jurors during the trial over the objection of the defense. Hightower is black.

Martin also said that many of the death penalty sentences the prosecutor obtained before resigning in 1994 were reversed because of error.

The prosecutor, Joe Briley, who is now in private practice, did not immediately return a phone call to his office Monday seeking comment. A call to his home went unanswered.

Hightower's attorneys were trying several last-minute appeals -- including the clemency petition and a request to the U.S. Supreme Court for a delay -- to keep him from the death chamber. Absent any relief, he will be given a lethal injection on Tuesday.

Prosecutors were expected to appear before the parole board later Monday to argue for the execution to proceed.

Hightower, 63, was convicted for the July 12, 1987, slayings of his wife, Dorothy Hightower, and his two stepdaughters, Evelyn Reaves and Sandra Reaves, at a home in Milledgeville, in central Georgia.

If carried out, the execution would be Georgia's first in nearly two years.

Among the evidence investigators said they had against Hightower: a confession and a flesh- and blood-covered murder weapon found in the car he was driving when he was arrested. His clothes also were stained with blood.

According to authorities, Hightower admitted he had been having marital problems. In the admission, he said he had been drinking and snorting cocaine hours before he entered the home where the victims were, placed a gun under a pillow in the room he shared with his wife and waited for everyone to go to sleep.

At about 3 a.m, police say, Hightower retrieved the gun and shot each of the three victims in the head. A 3-year-old girl in the house was found unharmed.

Hightower was arrested about 90 minutes after the shootings while driving his wife's car.

The execution would be Georgia's first since Robert Conklin, a 44-year-old parolee who fatally stabbed a lawyer and dismembered the victim's body, was given a lethal injection on July 12, 2005.


Ariel Sharon's Son Sentenced to 7 Months in Prison
Legal World News | 2007/06/25 18:32
A Tel Aviv court today sentenced the eldest son of coma-stricken former Israeli Prime Minister Ariel Sharon to seven months in jail for corruption, reducing his original sentence by two months. While handing down the reduced prison term, Judge Yehudit Shaitzer pointed out that Omri Sharon had acted out of personal interests and his actions were tainted with political corruption. "Sharon's actions resulted in a distortion of the will of the voter," the Judge said.

Sharon had filed an appeal in March against the nine-month jail term he had received for concealing illegal contributions from secret donors for his father's 1999 campaign for leadership of the Likud party.

The court, however, deferred the implementation of the sentence until July 22 to give Sharon's lawyers a chance to appeal against the verdict. Sharon's lawyers said they would consider taking their appeal against the sentence to the Supreme Court soon.

"The reduction in sentence is significant but we think the appropriate punishment in this case is community service, not imprisonment," Sharon's attorney Navit Negev told the Israel Radio.

The former Likud party lawmaker and the state had earlier reached a plea bargain arrangement, according to which Sharon had agreed to plead guilty to the two most serious charges provided the state changed two other charges to less serious ones.


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