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February 27, 2009

Neb. court upholds firing of trooper for Klan link

OMAHA, Neb. — The Nebraska Supreme Court on Friday upheld the firing of a State Patrol trooper for his ties to the Ku Klux Klan.

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Admission Of Palm Print ID Based Only On Creases Affirmed

AUGUSTA, Maine - A trial judge properly allowed a fingerprint expert to identify a woman’s palm solely from creases he could observe in a photograph, the Maine Supreme Judicial Court held Jan. 20 in an issue of first impression (State of Maine v. Tina Bickart, No. Yor-08-25, Maine Sup.; 2009 Me. LEXIS 7).
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Objective Evidence Not Required Under Plan, Judge Finds

SAN FRANCISCO - A federal judge on Jan. 23 ruled that an insurer that disregarded subjective evidence of a disability and relied on selective evidence before the Social Security Administration in its decision to deny benefits abused its discretion (Michael Moody v. Liberty Life Assurance Company of Boston, et al., No. C-07-01017, N.D. Calif.; 2009 U.S. Dist. LEXIS 4928).
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High Court Grants Cert In Establishment Clause Case

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 granted the federal government’s writ of certiorari in an establishment clause case in which the government wants to transfer public lands where a cross sits to a private party (Ken L. Salazar, Secretary of the Interior, et al, v Frank Buono, No. 08-472, U.S. Sup.).
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1st Circuit Sets April Date In Narrowcasting Appeal

BOSTON - In a Feb. 18 order, Judge Bruce M. Selya of the First Circuit U.S. Court of Appeals set April 7 as the date for oral arguments in an appeal concerning the legality of allowing cameras in a closely watched online file-sharing case, postponing the originally scheduled date to allow a panel to “give full consideration to the important issues raised by the parties and the amici” (In re: Sony BMG Music Entertainment, et al., No. 09-1090, 1st Cir.).
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EC Rules Preclude Anti-suit Injunction In Support Of Arbitration

LUXEMBOURG - The European Court of Justice (ECJ) on Feb. 10 ruled that anti-suit injunctions granted to give effect to arbitration agreements are not compatible with European Commission regulations (Allianz SpA and Generali Assicurazioni Generali SpA v. West Tankers Inc., No. C-185/07, ECJ; [2009] All ER [D] 83 [Feb]; See September 2008, Page 5).
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MDL Judge Approves $69M Settlement Between Marsh, Class Plaintiffs

NEWARK, N.J. - The insurance brokerage antitrust multidistrict litigation judge on Feb. 17 gave final approval to a $69 million settlement in the class action accusing Marsh & McLennan Cos. Inc. and others of bid rigging and accepting contingent commissions (In Re Insurance Brokerage Antitrust Litigation, No. 04-5184; In Re Employee-Benefit Insurance Brokerage Antitrust Litigation, No. 05-1079, D. N.J.; See November 2008, Page 4).
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Judge Applies New Jersey Law To Dangerous Toy Action, Denies Dismissal

NEWARK, N.J. - A federal judge on Jan. 30 declined to dismiss a class action lawsuit involving hazardous children’s toys, finding that the defendants’ motion was premature (Jamie Berry and Chris Doering, on behalf of themselves and all others similarly situated v. Mega Brands America Inc. et al., No. 08-1750, D. N.J., 2009 U.S. Dist. LEXIS 6761).
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Divided U.S. Supreme Court Finds Ban On Payroll Deductions Constitutional

WASHINGTON, D.C. - Idaho’s ban on political payroll deductions for local government employees does not violate the First Amendment rights of unions, a split U.S. Supreme Court ruled Feb. 24 (Ben Ysursa, Idaho Secretary of State, et al. v. Pocatello Education Association, et al., No. 07-869, U.S. Sup.).
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Federal Judge Confirms Burns And Roe Enterprises Inc.’s Plan

NEWARK, N.J. - A federal judge on Feb. 23 confirmed debtor Burns and Roe Enterprise Inc.’s (BREI) Chapter 11 plan of reorganization (In Re: Burns and Roe Enterprises Inc., et al., No. 2:08-cv-04191, D. N.J.; 2009 U.S. Dist. LEXIS 13574).
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