Advocacy group sues Brawley Elementary School District over firing of Ron Garcia

Here is an interesting article on a writ of mandate lawsuit that my firm filed in Brawley California on behalf of The Institute For Socio-Economic Justice.

The writ of mandate that we filed was against the Brawley Elementary School District. It demands that the district reinstate former superintendent Ron Garcia and declare the school board's decision to fire Garcia null and void. In firing Garcia, the school board violated a plethora of provisions under the Brown Act and the California Government Code. Stay tuned...

Press Conference For John Horton

Here was some interesting press coverage that we got on our lawsuit against the Los Angeles County Sheriff Dept. for the senseless death of John Horton while at the Men's Central jail. John was found dead under suspicious circumstances while in solitary confinement. Trial is currently set for September of this year.

An Interesting Way To Fight The Death Penalty

The sole U.S. maker of the anesthetic used in executions announced Friday it would stop manufacturing sodium thiopental to prevent its product from being used to put prisoners to death.

I am unequivocally against the death penalty, particularly since is racially disparate in its application and I see it's unfortunate application in my criminal practice. It's no secret that even though blacks and whites are murder victims in nearly equal numbers of crimes, 80% of people executed since the death penalty was reinstated have been executed for murders involving white victims. It's also no secret that more than 20% of black defendants who have been executed were convicted by all-white juries.

Before we can even get to the moral argument, this point has never been addressed by proponents of the death penalty. Additionally, now that Hospiria, Inc. has said that it will not be a tool for state sanctioned murder anymore, maybe our educated nation will now go back to stoning, hanging and firing squad to morally teach us it's wrong to kill.

Jury Orders SAP to pay Oracle 1.3 Billion.

What a Thanksgiving. Today, a jury verdict ordered SAP to pay Oracle $1.3 billion for stealing customer-suppport documents and software in a scheme to siphon off customers. SAP, which is based in Waldorf, Germany, came into the trial ready to lose something. They admitted a subsidiary stole the documents and argued that it owed just $40 million. Obviously, a jury thought otherwise.

Federal Court Rules That Prop 8 Is Unconstitutional.

Today, the California District Court Judge struck down as unconstitutional Proposition 8, California's voter approved ban on gay marriage. U.S. District Chief Judge Vaughn R. Walker said Proposition 8, passed by voters in November 2008, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice. His ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.

Both Gov. Arnold Schwarzenegger and L.A. Mayor Antonio Villaraigosa praised the judge's decision. "Because a judge had the courage to stand up for the constitution of the United States, prop 8 has been overturned!" the mayor wrote on Twitter.

Illinois Supreme Court Strikes Down Medical Malpractice Caps.

Today, the Illinois Supreme Court today did the right thing: it struck down as unconstitutional limits as to what can be awarded in medical malpractice cases. The court argued that the cap violates separation of powers by allowing lawmakers to interfere with a judge's ability to reduce verdicts. The case, LeBron, a Minor v. Gottlieb Memorial Hospital, involved a malpractice lawsuit filed in 2006 against the hospital by the family of a girl who suffered severe brain damage and other injuries during her delivery there.

State lawmakers in 2005 passed legislation, which was signed into law by then-Gov. Rod Blagojevich, that established caps on noneconomic damages of $500,000 in cases against doctors and $1 million against hospitals. Illinois followed other states, such as California, that capped damages years ago.

The best quote of the opinion? "That ‘everybody is doing it," is hardly a litmus test for the constitutionality of the statute."

It would be nice if the entire nation followed suit.

Brave Judges

Every once in a while, something will happen that will make me proud of our justice system and the members of the bar. This ruling is one of them.

Happy Holidays.