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2 killed in attack at German court
Court Watch | 2014/01/24 14:30
Two men were killed Friday in a shooting and stabbing at a court complex in Frankfurt in what may have been a revenge attack, authorities said.

Frankfurt prosecutors said the case appeared to be linked to the fatal stabbing of a car dealer near Frankfurt in 2007, which the court was considering this week, news agency dpa reported.

Deputy police chief Gerhard Bereswill said the suspected assailant is believed to be the brother of the 2007 victim and was injured himself in the earlier attack, while the two men who died Friday — who also were car dealers — were suspects.

The suspect is believed to have fired shots in a courtyard at the courthouse in the German financial capital at about 8:45 a.m., fatally wounding one of the victims. The other apparently fled inside the building, but the assailant followed and stabbed him, police spokesman Ruediger Reges told N24 television.

The two victims were aged 45 and 50. One died at the scene and the other shortly afterward at a hospital, police said.

The suspected attacker fled on foot but was arrested near the courthouse, he said. A police statement said he was a 47-year-old Afghan national and resident of Eschborn, a town near Frankfurt.


Texas Supreme Court limits insurance exclusions
Headline Legal News | 2014/01/20 14:45
The Texas Supreme Court issued a key ruling Friday that should boost consumer confidence in the liability insurance coverage that builders and general contractors carry.

Writing for the court, Justice Phil Johnson denied an insurance company's attempt to avoid paying a claim based on language found in most commercial general liability insurance policies. The court's decision was one of the most anticipated insurance cases in the country because Texas decisions often influence other courts across the nation, said Randy Maniloff, an insurance law expert at the White and Williams law firm in Philadelphia.

If the Texas Supreme Court had ruled in favor of the insurance company, coverage of construction mistakes in Texas would have virtually disappeared.

"Many contractors don't have the wherewithal to make good on their construction defects, so a lot of times insurance is the make-or-break issue for purposes of somebody getting compensation," Maniloff said. "This decision helps homeowners keep that insurance in place."

Most general liability policies have a clause that allows the insurance company to exclude liability claims when a contractor assumes liability "in a contract or agreement." Insurance companies often require contractors to buy additional coverage when they take on greater risk.


Court: Bloggers have First Amendment protections
Headline Legal News | 2014/01/20 14:45
A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.

The 9th U.S. Circuit Court of Appeals ordered a new trial in a defamation lawsuit brought by an Oregon bankruptcy trustee against a Montana blogger who wrote online that the court-appointed trustee criminally mishandled a bankruptcy case.

The appeals court ruled that the trustee was not a public figure, which could have invoked an even higher standard of showing the writer acted with malice, but the issue was of public concern, so the negligence standard applied.

Gregg Leslie of the Reporters Committee for the Freedom of the Press said the ruling affirms what many have long argued: Standards set by a 1974 U.S. Supreme Court ruling, Gertz v. Robert Welch Inc., apply to everyone, not just journalists.


Court: Feds can target California pot clinics
Topics in Legal News | 2014/01/16 15:17
An appeals court Wednesday affirmed the federal government's long-standing policy that California medical marijuana dispensaries have no protection under state law from drug prosecutions.

The 9th U.S. Circuit Court of Appeals ruled Wednesday that three California dispensaries, their customers and their landlords are barred from using a state law allowing marijuana use with a doctor's recommendation as a shield from criminal charges and government lawsuits. All uses of marijuana are illegal under the federal Controlled Substances Act, also known as the CSA, even in states that have legalized pot.

The ruling upholds three lower court decisions and follows previous rulings by federal appeals courts and the U.S. Supreme Court.

The 9th Circuit panel conceded that medical marijuana use is more accepted now than several years ago when it made a similar ruling. But it said the new legal challenges didn't raise any new arguments that would trump federal law.


High court rejects Ohio killer's last-minute plea
Legal Focuses | 2014/01/16 15:16
The state made preparations on Wednesday to use a never-tried lethal drug combination to put a man to death for the slaying of a pregnant woman that went unsolved until he inadvertently helped authorities, and the U.S. Supreme Court refused to block the execution.

Dennis McGuire, jailed on an unrelated assault charge, told investigators he had information about the woman's Feb. 12, 1989, death. His attempts to blame the crime on his brother-in-law quickly unraveled, and soon he was accused of being Joy Stewart's killer, prosecutors said. More than a decade later, DNA evidence confirmed McGuire's guilt, and he acknowledged that he was responsible in a letter to Gov. John Kasich last month.

The state planned to execute McGuire on Thursday with a new process adopted after supplies of its previous drug dried up when the manufacturer put it off limits for capital punishment. The two-drug combination has never been used in a U.S. execution.

The state opposed McGuire's last-minute appeal, in which he claimed a jury never heard the full extent of his chaotic and abusive childhood.


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