Pataki Proposes Higher Fees to Fund Raise in 18-B
Rates New York Law
Journal
Gov. George
E. Pataki proposed raising assigned counsel rates largely by
imposing new fees on attorneys and their clients. If approved by the
Legislature, which is by no means a certainty, Pataki's budget
proposal would take effect as of Jan. 1, 2004, for the first time
since 1986 and address a burgeoning crisis that has confronted the
courts for several years.
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Court Debates Rules on Police Surveillance
New York Law Journal
City
attorneys and civil liberties advocates squared off in federal court
Wednesday over rules that limit police surveillance of political
groups in New York City. At an afternoon hearing before Southern
District Judge Charles S. Haight Jr., the debate centered on whether
the police had asked for a change in current practices so severe
that it would be unacceptable under federal law, and whether the
police should have the same, or perhaps even greater, powers than
the FBI to investigate terrorism.
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No Free Speech Violation Found in Law
Clerk's Firing New York Law
Journal
A judge's decision to fire a
law clerk who accused him of corruption doesn't violate the First
Amendment, the 2nd U.S. Circuit Court of Appeals ruled. In upholding
summary judgment for the judge, the 2nd Circuit said the "potential
disruptiveness" to the chambers of former Queens, N.Y., Supreme
Court Justice Leon Beerman "outweighed whatever value there was" in
the speech of the clerk, who called Beerman a "corrupt son of a
bitch."
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text
Verizon Wins Ruling Against Local
Regulation Under 1996 Telecom Act New
York Law Journal
An upstate
city's attempt to exert control over Verizon's use of public streets
and rights-of-way has fallen to the long reach of the federal
Telecommunications Act of 1996. In the latest ruling on the scope of
the statute, Northern District Judge David N. Hurd said the act is
so broad that the City of Rome lacks a basis to renegotiate a
franchise agreement that expired more than three years ago.
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news
Digital Copyright Internet Service Provider May Be
Forced to Shut Down New York Law
Journal
In the
long-running comic book series, The Thing is a Fantastic Four
superhero with a rock body and amazing strength who can defeat any
menace at hand. In its modern incarnation, The Thing is a New York
City-based independent Internet service provider. And in its current
guise, The Thing may have met its match in the Digital Millennium
Copyright Act.
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More Corporate
Update stories
Issue of Fact Exists as to
Whether Police Officer Used Excessive Force in Arresting
Plaintiff
Curry
v. City of Syracuse, 2nd U.S. Circuit Court of
Appeals
Read more
decisions of interest
Indemnification of Financial Advisers for Ordinary
Negligence New York Law
Journal
In a decision indicative of
an emerging trend among courts assessing the propriety of
indemnifying professionals retained in a Chapter 11 case, the 3rd
U.S. Circuit Court of Appeals, in a case of first impression,
rejected any per se ban on indemnifying financial advisers for
ordinary negligence.
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Practice
Divided 9th Circuit Panel Mulls Issue of Ineffective
Counsel The Recorder
In an attempt to check the
growth of a controversial body of law, four 9th U.S. Circuit Court
of Appeals judges argued Tuesday that a California inmate's
conviction should not be overturned because his lawyer was
ineffective. Their dissent from a decision not to rehear the case en
banc has no precedential value, but it strikes at the heart of a 9th
Circuit trend of overturning state court decisions, often because of
ineffective counsel claims.
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text
Indictment Quashed in First Case Under
N.J. Porn Law New Jersey Law
Journal
A judge has dismissed, on
First Amendment grounds, the first indictment brought under a 1995
New Jersey law that criminalizes running a sexually oriented
business next to a residential area. The judge ruled that the state
failed to sustain its burden of showing that other outlets for adult
material are available nearby, as the New Jersey Supreme Court
required in a 1997 decision.
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text
Cancer Test Misreading Yields $15M Verdict
The National Law Journal
A Long Island, N.Y., jury has
awarded more than $15 million to the family of a woman whose Pap
smear was misread, which allowed an undiagnosed cervical cancer to
spread and eventually kill her. In 1996, Karen Pedone sued her
gynecologist for malpractice and the lab, Metpath, for its failure
to spot the abnormalities in the test. The jury unanimously found
the lab culpable for Pedone's death.
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text
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news
ProBusiness
Creates Escape Hatch The
Deal
ProBusiness Services has
devised an escape hatch in its $500 million acquisition by Automatic
Data Processing, one of the biggest third-party providers of payroll
services. Included in the merger agreement is an unusual provision
permitting ProBusiness' board to void the deal if regulators
threaten to stop the transaction and directors have a "good faith"
belief that the government is "reasonably likely" to prevail in
court.
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text
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Virtual Connections Fulton County Daily Report
Videoconferencing has come a long way
technologically, but according to an American Bar Association
technology survey, its usage among attorneys has actually dropped
slightly over the last couple of years. Attorneys familiar with
videoconferencing say it's great -- as long as you invest the time
and money to buy the right system and, more importantly, use it in
the right situations.
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