Attorney Suggests Officer Talked Victim Into Filing Complaint
NORMAN, Okla. -- An attorney for a former Nebraska football player accused of assaulting an Oklahoma spirit squad member suggested Monday that a police officer talked the victim into filing the felony complaint.
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Saunders announces bid for attorney general 2-term senator says he's been considering state post for months
TALLAHASSEE Sen. Burt Saunders, R-Naples, will run statewide for the attorney general's post, Saunders said Monday. The two-term senator said he's been considering the bid for several months even before he first ran for the state House in 1994.
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ERISA Statement of Rights Is Not A Forum Selection Clause
MetLife was no doubt shocked when it removed a claim for disability benefits under an employee benefit plan to federal court on the basis of a federal question and had it remanded to state court. The district court relied on language in the STATEMENT OF ERISA RIGHTS which provides in part, "If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or federal court." Interpreting this as a contractual forum selection clause, the court held that MetLife was bound by an agreement that the case could be heard in state court. Since MetLife had copied a model form provided by the DOL for compliance with ERISA, it was less than pleased. Fortunately, the 7th Circuit had jurisdiction to hear the appeal of the remand since it was based on a choice of forum clause rather than a lack of jurisdiction.
And all is well that ends well, if of course you omit the judicial time and attorneys fees and expense caused by the erroneous decision. The 7th Circuit quickly found (less than 1 month after oral argument)what seems obvious, that this language was just a statement of rights, not a contractual agreement. Cruthis v. Metropolitan Life (7th Cir. 2/2/04) [pdf]. The denial of coverage was in 2001, the motion to remand was in April of 2003, and now in February of 2004, the case gets sent back to the district court for a ruling on the merits.
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LIL' KIM HIT WITH MORE LEGAL WOES
Troubled rapper LIL' KIM has been slapped with another legal hassle - two songwriters claim she owes them cash. The hip-hop diva, real name KIMBERLY JONES, is currently awaiting sentencing on a separate perjury charge and now has a new lawsuit hanging over her.
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A report card of sorts for W.Va. circuit judges
WOWK runs this piece entitled "Justice Delayed, Justice Denied" which reports that "[a]n analysis by The State Journal showed that 16 of the state's 65 circuit judges had not processed civil cases as quickly as the West Virginia Supreme Court of Appeals recommends. The court suggests that circuit courts try to resolve civil cases within 18 months."
I'm not going to repeat the names of the judges on the "naughty list." You can read for yourself. The report notes that Professor Jim McLaughlin from the WVU College of Law said that "he can barely think of any reasons why a judge would take years to decide a case." I had Professor McLaughlin for a few classes in law school, and I like him a lot, but I think he's a little out of touch. In modern toxic tort cases, a year or two is hardly enough time to conduct discovery, let alone a trial. These cases can involve hundreds of thousands of pages of documents that need to be reviewed. Not only will cases like these last more than 18 months, they can consume so much of a judge's time that they cause other cases on his or her docket to last more than 18 months. The article alludes to that as well.
18 months to disposition is a worthty goal, but judges have good reasons for not meeting that goal other than just being "dilatory."