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Decided - The FindLaw Noteworthy Decisions and Settlements Blog

Judge Rejects Settlement in World Trade Center Lawsuit

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The World Trade Center lawsuit settlement might not be working out as well as originally contemplated.  Manhattan Federal Court Judge Alvin Hellerstien said on Friday that he rejected the proposed settlement in the World trade Center lawsuit. He stated that the settlement is not enough, includes too large a chunk in attorney fees, and does not provide plaintiffs adequate information to decide whether to opt in or not.

In the proposed settlement, reached earlier this month, several Ground Zero rescue workers heard that they may be entitled to thousands, if not millions, under a $657 million settlement amount.

Under the settlement's terms, ninety-five percent of the plaintiffs would need to accept the settlement by June, in order for it to be in full force.

Judge Hellerstein, in addition to stating that the settlement amount was "not enough," said he was taking "judicial control." He took issue with almost 1/3 of the proposed settlement going to attorneys' fees, and with the lack of information plaintiffs would have before deciding whether to opt in or out.

As the Time quoted him, Judge Hellerstien said, "I will not preside over a settlement based on fear or ignorance." 

Louisiana Judge Impeached by Unanimous House Vote

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A New Orleans federal judge became only the 15th judge in U.S. history to be impeached by the House of Representatives. In a vote taken last Thursday, the House unanimously approved the four articles of impeachment for Judge Thomas Porteous.

The Final Cut: Pink Floyd and EMI Group Lawsuit

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The rock band Pink Floyd and its battle against EMI Group has finally ended with the U.K. High Court granting the band a right to stop EMI Group from selling their individual songs online. The court ruled that a clause in the contract between EMI Group and Pink Floyd prohibits EMI Group from selling the individual songs without permission from Pink Floyd.

As reported by CNN, the contract had a clause that required EMI Group to "preserve the artistic integrity" of Pink Floyd's albums.

In a settlement mental health advocates are calling a landmark, hundreds of mentally ill patients under the care of the state of Illinois will have a chance to live a more independent life. Under the settlement, the state will have five years to help residents of "institutions for mental disease" (IMD's) make the transition to smaller, more private living situations like apartments and smaller houses. The court will need to approve the settlement and both sides have asked for a hearing to review details.

9th Circuit: World's Oldest Profession Must Limit Ads

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The folks on the 9th Circuit Court of Appeals must have enjoyed this one, it's not every day you can sink your teeth into a good fight involving both the First Amendment and the World's Oldest Profession. Well, not unless Larry Flynt's in court. MSNBC reports that on Thursday, the Court of Appeals decided that the brothels of Nevada were not permitted to advertise their goods and services outside of the counties in the state where prostitution is legal.

Vaccine Court Rules Against Thimerosal Autism Link

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Another shot was fired in the vaccine wars on Friday, March 12. The Vaccine Court, a special court set up within the federal system to handle only those cases related to the vaccines given to children, found against plaintiffs claiming that the vaccine preservative thimerosal was to blame for their children's autism.

Very Classy: Classmates.com Settles Deceptive Email Suit

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In a move eerily reminiscent of that date who stood you up for the dance in high school, Classmates.com was sued in 2009 for allegedly telling their customers old friends were looking for them, and then, no one showed up. The suit has settled, with the plaintiffs due to receive up to $9.5 million in damages.

Massachusetts High Court Upholds Law Requiring Gun Locks

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Gun control advocates celebrated a victory as the Massachusetts Supreme Judicial Court (the state's highest court) upheld a law requiring gun locks.

As reported by the Associated Press, the court ruled in the case of Richard Runyan, charged with improperly storing a hunting rifle under his bed. Apparently, his mentally disabled 18-year-old son shot at a neighbor with a BB gun and then showed police where his father kept the gun.

The state Supreme Judicial Court upheld the constitutionality of a law requiring owners to lock their weapons.

NYC, Victims Settle at $657M in World Trade Center Lawsuit

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A $657.5 million settlement was reached in the 9/11 World Trade Center lawsuit. Rescue and recovery workers who were exposed to toxic substances at the World Trade Center site filed suit in 2003 and finally reached an agreement on Thursday night, after years of legal battles. 

There is a catch, however. In order for the settlement to take effect, 95 percent of the plaintiffs of the World Trade Center Lawsuit must accept the terms of the settlement. If 100 percent accept the terms, then the settlement would be $657.5 million. If, however, only 95 percent accept the terms, the settlement would be reduced to $575 million. 

The suit was brought on behalf of thousands of firefighters, police officers, construction experts and emergency workers, among other 9/11 heroes. In a suit with over 10,000 plaintiffs, some plaintiffs may only receive a few thousand dollars from the suit. 

After a leaving a legal trail long enough to circle the globe, the case over recitation of the pledge of allegiance in public schools has come to rest, for the moment at least, with the 9th Circuit Court of Appeals in San Francisco, CA. According to the opinion of a three judge panel, the pledge can be recited in the state's public schools without violating the Establishment Clause of the First Amendment to the Constitution.