Legal Radar

Prosecutors Rest Boston Marathon Bombing Case

Prosecutors have rested their case against accused Boston marathon bomber Dzhokhar Tsarnaev early this week after jurors in his death penalty trial saw autopsy photos and even heard a medical examiner describing horrific injuries and deaths suffered by the 2013 attack.

But Tsarnaev’s attorneys started out their defense by clearly pointing out that his older brother was the mastermind of detonating pressure-cooker bombs close to the finish line of the Boston race.

The defense made it very clear from the first day of the testimony last month that their aim isn’t to acquit Tsarnaev but to save him from the death penalty by claiming that his brother, Tamerlan, was the culprit of the terror bombings.

If Tsarnev is convicted, the trial will push for the second face, where the same jury panel will hear out further evidence to make a decision whether Tsarnev should take the death penalty or spend his remaining life in jail.

Prosecutors will lay out evidence of aggravating aspects to prove that Tsarnaev deserves the execution.

22 Prisoners Granted Clemency by Barack Obama

U.S. President Barack Obama commuted sentences of 22 drug offenders, with 8 of them currently serving life sentences.

Those same individuals were serving time for criminal offenses which include distribution of cocaine, heroin, and methamphetamine.

The White House said the federal drug law changes prompted such commutations to be a matter of justice and fairness.

Obama also took the step of writing a letter for each commuted recipients, telling them to make the most of their rare freedom.

The commutation is part of Obama’s push to overturn some harsher parts of the never-ending war on drugs.

In 2014, the Obama administration made a new clemency initiative announcement made to free non-violent drug criminals who have clean prison records, are not a threat to the public, and without any ties to crime or gangs.

Obama also showed interest in going for a bipartisan sentencing reform, which have bonded conservative and progressive groups in the last few years.

McDonald’s Labor Case Makes It to Judge

A McDonald Corp’s lawyer informed the federal administrative judge that the company is a “victim” of an attack on its brand, as proceedings are currently underway, which may may end relations between major retailers and their franchisees.

The issue at hand is whether or not McDonalds share equal responsibility for their franchisees’ actions, especially on low wages complaints for its fast-food employees.

The general counsel of the National Labor Relations complained that McDonald’s and its franchisees are violation of restaurant workers rights in improving the working environment and wages.

Such moves are part of the a struggling relationship between American corporations and the labor board, with pressure building up to offer salary raises for low-wage workers.

Depending on how the case could end up later, the dispute may make it a lot simpler for labor unions to structure fast-food workers, negotiate salaries, and further expose franchisers with liability on labor matters. 

Lufthansa to Compensation Claims If Responsible for Crash

Lufthansa may end up paying compensation claims to the families’ victims of the Germanwings crash if the airline happens to be liable.

Experts believe the average damages payment of £100,000 won’t apply as families/relatives will ask for more to respect the 150 passengers killed in the crash.

Preliminary evidence from the airline’s 9252 cockpit recorder indicated that Mr. Lubitz locked himself in the cockpit and had the pilot reprogrammed to bring the plane from 36,000 feet all the way to 96 feet off the ground.

The amount the airline will end up paying will depend on the filed claims.

Lufthansa may deal with higher claims if it so happens the breadwinner of the family was killed in the crash. Survivors can easily sue them for years for lost income.

Experts believe Lufthansa may end up settling with the families/relatives of victims to prevent the case from going to court.

The airliner is immediately providing 50,000 euros for every passenger who died. Such payment is completely separate from the actual compensation.

Lufthansa to Compensation Claims If Responsible for Crash

Lufthansa may end up paying compensation claims to the families’ victims of the Germanwings crash if the airline happens to be liable.

Experts believe the average damages payment of £100,000 won’t apply as families/relatives will ask for more to respect the 150 passengers killed in the crash.

Preliminary evidence from the airline’s 9252 cockpit recorder indicated that Mr. Lubitz locked himself in the cockpit and had the pilot reprogrammed to bring the plane from 36,000 feet all the way to 96 feet off the ground.

The amount the airline will end up paying will depend on the filed claims.

Lufthansa may deal with higher claims if it so happens the breadwinner of the family was killed in the crash. Survivors can easily sue them for years for lost income.

Experts believe Lufthansa may end up settling with the families/relatives of victims to prevent the case from going to court.

The airliner is immediately providing 50,000 euros for every passenger who died. Such payment is completely separate from the actual compensation.

Italy’s SC Looking into the Fate of Amanda Knox

It looks like Amanda Knox’s case made it to another court.

The highest court in Italy is set to hear appeals on murder convictions against Knox, 27-years, and ex-boyfriend Rafaelle Sollecito, 30-years, who were both guilty several years back for allegedly killing Knox’s roommate, Meredith Kerchler.

The ruling will determine whether to maintain the verdicts, made another appeal, or throw out both convictions.

If the high court maintains the murder convictions for Knox and Sollecito, the prosecutor will have the order to bring out their sentences. Sollecito will be in custody while the prosecutor will request the extradition of Knox, who’s currently in the United States.

Two years ago, Italy’s Supreme Court overturned their acquittals and pushed the case back to the Court of Appeals. In 2014, the court re-convicted Knox and Sollecito and sentenced the couple to 28 years and 25 years in jail, respectively.

The Supreme Court will hear arguments later this week before making a decision.

Kercher’s family lawyer will likely fight for Knox’s extradition.

Flag Shirt-Wearing Students Asking SC to Hear Their Case

Later this week, the justices are set to privately discuss a ruling against white high school students who sued their school for demanding them to remove their flag-print shirts on the day their classmates were celebrating Mexican heritage.

Attorneys of the students are asking for the Supreme Court to overturn the previous ruling, which resulted to the school not infringing on any constitutional rights.

The lawsuit was carried out by three students from Live Oak High School in California. In 2010 of the Cinco de Mayo, they wore shirts with a huge American flag print, angering Mexican students who saw them as a racial slur.

Aware of a possible trouble brewing, the school’s assistant principal demanded the students to have their shirts worn inside-out or replaced with other shirts. Several wearers refused while the other two went home. Those same two students received numerous threats and had to miss school for another day out of fear.

NJ Pension Case Finally Has Set Date

A New Jersey county judge early this week has set the date for a suit centered on whether or not Governor Chris Christie’s budget proposal has contributed enough for the state’s pension.

Mercer County court judge Mary Jacobson, said the state and over a dozen union litigants need to hand over their briefings and responses by next week. Oral arguments for the case will be made on May 12th.

Unions supporting the suit are saying Christie has violated state law by not promising payments in the state’s upcoming budget while underfunding around $1.8 billion of pensions. Christie mentioned that the New Jersey’s budget problems has made full pension payments difficult for the past couple years.

Christine said that this year’s $1.3 billion contributions is the biggest in NJ history, although it’s less than $2 billion than what was initially promised.

New Jersey currently has a funding ration of 44%. This makes it one of the worst performing states in the country. This is largely due to the latest stringent accounting rules in play.

Jury Ready to Listen to Testimony of Fiat CEO

A jury is all set and ready to hear out Fiat Chrysler Automobiles NV CEO Sergio Marchionne’s testimony in a suit over a 4-year old boy who died in a burning Jeep. This renewed an inquiry of fuel tanks in older sport-utility vehicles that regulators linked to over 50 deaths.

Lawyers representing the boy’s family are suing Chrysler for wrongful death and plan to play video recording deposition of Marchionne sometime this Wednesday or Thursday. The manufacturer of Jeep, Chrysler, is now named FCA US LLC.

The trial, which began early this week in Georgia, comes after a huge U.S. vehicle recalls last year, and public investigation on faulty ignition switches at General Motors Co., and breakage of Takata Corp. air bags.

Jeep’s case may settle before jurors could hear depositions of Marchionne and other employees from Fiat Chrysler, thought it won’t be likely. Jurors looked briefly into Marchionne’s testimony on vehicle safety standards during the attorney opening statement earlier.

So far, Fiat Chrysler has curbed the scrutiny recall acquired by Takata and GM.

U.S Court of Appeals Scrutinizing NCAA on Athlete Payments

The U.S. Court of Appeals is determining as to whether or not school athletes deserve a piece of the billions of dollars universities benefit from basketball and football, despite increased pressure for universities to offer their athletes better benefits.

The NCAA asked the 9^th Court of Appeals earlier this week to dump a ruling of offering student athletes some shared of revenue made for utilizing their likeness, names, and images.

In a court ruling last year, Oakland, California District Judge Claudia Wilken sided with a dozen former and current student athletes who threw an antitrust class action against the NCAA.

But in a court of appeals hearing early this week, two of the three judges in the 9^th Circuit panel seemed open to the NCAA being in violation of antitrust laws.

Currently, Judge Jay Bybee indicated that contracts signed by the NCAA with TV network consist language of player’s images and names. This suggests that such rights are essential assets that could be fall victim to anti-competitive actions by the NCAA.