National Courts Monitor

Big Asbestos-Related Trial Set For Nov. 2

Posted: October 22, 2015

The federal corruption trial of a former New York State Assembly Speaker is set to begin Nov. 2 with authorities saying that the eventual jury might see up to 1,500 exhibits. The case has asbestos litigation ties because the defendant, Sheldon Silver, is accused of funneling state government money to a particular mesothelioma clinic that then sent cancer victims to his law firm.

Prosecutors say Silver made millions off the scheme.

The Wall Street Journal reported that, “… during the [pre-trial] conference in Manhattan federal court, prosecutors from the Manhattan U.S. attorney’s office also said they planned to call as a witness Robert Taub, who headed a Columbia University center for mesothelioma research.”

Read an overview of the case here: Sheldon Silver Trial Set to Begin Nov. 2

First Product Liability Lawsuit May Challenge Marijuana Industry Growth

by NCM Staff

Updated: October 21, 2015

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The LA Times Reports, “The list of ingredients on a LivWell container includes pesticides. The company says they are safe. (Aaron Ontiveroz / Denver Post)” in its 10/8/15 “A first for the marijuana industry: A product liability lawsuit” article.

You knew this was just a matter of time. A legal-marijuana user has filed a product liability lawsuit against a cannabis company alleging use of harmful substances in their production process.

The Los Angeles Times reports that the attorney representing the 24-year-old medical marijuana user is seeking “class action” status for the litigation and expects more clients to join the lawsuit.

Read about the milestone here: A first for the marijuana industry: A product liability lawsuit

NY Times Opinion Piece Makes ‘Civil Gideon’ Argument

by NCM Staff

Updated: August 27, 2017

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Image published as part of a New York Times OpEd, “How to Fight Homelessness” published 10/19/15.

A New York Times op-ed piece by a NY City Council member and a homeless advocate is making the case for legal representation for some civil cases. It is an argument about reducing the homeless population. They note that something like 80 percent of people facing eviction remain in their home if they have an attorney. They say that the advantage of legal representation is such that some landlords just don’t bother following through if the tenant has an attorney.

Council Member Mark D. Levine, representing the city’s Seventh District and Mary Brosnahan, who is president and chief executive of the Coalition for the Homeless, continue making a financial argument: “It costs about $2,500 to provide a tenant with an attorney for an eviction proceeding, while we spend on average over $45,000 to shelter a homeless family.”

Read their argument here: How to Fight Homelessness

Google Wins Appeal Decision On Scanning Copyrighted Books

by NCM Staff

Posted: October 16, 2015

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Google has won an appeals decision on its controversial book-scanning practice. New York based U.S. Circuit Court Judge Denny Chin ruled that the practice is “transformative” and does not violate copyright. The Google case hinges on not making the books totally available online. Rather, it allows the material to be searched and provides “snippets.” Thus, the argument goes, the practice is protected by the same “fair use” provisions that allow a book reviewer to use snippets in their reports.

NPR’s report on the decision notes that “… Google began scanning books back in 2004. Many of the works were by living authors. The Authors Guild took legal action against Google, demanding $750 for each book it scanned. Google estimated that it would have cost the company $3 billion.” Google also predicts the service could make older and out-of-print books more relevant.

An appeal to the U.S. Supreme court is promised by the authors and others seeking to protect their work. They argue that, because Google sells ads next to those “snippets” of books, it profits from their work without compensating the copyright holders. See the NPR report here: Judge: Google’s Book Copying Doesn’t Violate Copyright Law

Texas To Rule On Civil Fees Issue

by NCM Staff

Updated: October 13, 2015

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The Texas Supreme Court is expected to hear a case this week that might clarify when local courts can force poor plaintiffs to pay fees. The Texas Tribune news website explains that”… in 2012, six plaintiffs from Tarrant County sued the local district court clerk for charging them court fees even after they filed affidavits of their indigent status — also known as ‘pauper petitions’ — when they filed for divorce. But the clerk says final divorce decrees require that each party pay its share of the court costs.”

The Tribune report also placed the issue in some context: “… court costs and fines surfaced as one of the more pressing criminal justice issues in the aftermath of the police shooting death of Michael Brown in Ferguson, Missouri in 2014. While a grand jury cleared the officer, Darren Wilson, of criminal wrongdoing, a subsequent U.S. Department of Justice report revealed how the police department in Ferguson wrote more tickets for mostly poor African Americans than any other ethnic group. Following the shooting of Brown, federal investigators found that Ferguson relied on municipal ticketing and fines as a revenue generator for the city’s budget.”

Read the Tribune’s fine report here: Indigent Court Fee Case Goes Before Supreme Court, by Terri Langford