Showing posts with label Supreme. Show all posts
Showing posts with label Supreme. Show all posts

Aug 9, 2011

The Supreme Court of Florida Turk Ford for massive fraud and civil bamshft

The Supreme Court of Florida Turk Ford for massive fraud and civil bamshft

Last month, a judge at Central Florida took an extreme step of lmpla the verdict of the judges in the case against Ford company. Ford won the trial, but the judge found Ford committed fraud throughout the sentence been misled the jury, the verdict.

The case involved a woman who is being sued Ford after his wife was paralyzed in a car accident. They claimed that ??????? was caused by a sudden acceleration of their minivan Ford caused by a design flaw of cruise control in the minivan. Ford, however, claimed that the cruise control was confident that the accident should have been caused by driver error. After a four-week, the jury found in favor of Ford.

This typically would end the dispute. Judges trying identify jury decide the facts, usually don't second guess their decisions. In this case was the exception. Decision exception, thoroughly documented, judge exit multiple and calculated acts of fraud committed by Ford. Among the findings of the judge:

1) Ford was warned interference electromagnetism could cause cruise control to malfunction by one of the engineers in the mid-1970s. Ford ignored these warnings, take measures available to protect against the risk.

2) during the trial, claimed that Government-funded research Ford supported its claim that the sudden acceleration not caused any design flaw. This research is to reach a conclusion-but only because Ford had misled editors also research. The judge found ????? Save internal reports and studies in ??????? them into reaching a conclusion.

3) Ford instituted a policy of destroying the sudden acceleration of vehicles in her reports after one year, although Government regulations require documents relating to the safety of the vehicle is retained for five years. Clearing these reports from the relevant information about sudden acceleration cases being discovered.

4) Ford claimed lab tests have shown electronic components involved in cruise control to fail. However, these tests were done only when the electronic components were taken out of the vehicle. This isolates the components of the other vehicle which can cause electromagnetic interference in first place. Therefore, while Ford's statement was technically accurate, was completely misleading because lab tests failed to simulate actual driving conditions.

5) on the supreme irony, of lawyers Ford during the trial that lawyers for the husband and wife were from Ford's test results. The judge found that personal attack was justified, "sullied the entire proceedings."

Decision of Judge Mayer light on what lawyers known for years: corporate defendants sometimes hide evidence and behave badly. Temptation to hide evidence especially large corruption cases, where the company product and could face expensive if their product retrieval is damaged. We hope the decision of judge deters companies scathing large practice fraud hiding in future cases.

The case is Stimpson v. Ford company. The judge was William Swigert, decision dated 20 July 2011.

Aug 1, 2011

CGPJ will attempt to reach a consensus on Monday, pending appointments in Supreme Court

? The General Council of the judiciary (CGPJ) llevar back to his home in pr ximo Monday pending the appointment of the corridors of the criminal, civil and administrative litigation in the Supreme Court, State Press Europe including rgano sources.
The lack of agreement prevented the exercise until now these appointments that have been removed from the order of d and ltimo House, in January, reaching there the candidates support 13-mayor and the qualifications of the CGPJ-establishing rights Org's judicial authority (LOPJ) to jobs at this level.
Vacancy on the Supreme Court Criminal Chamber has occupied by lawyer of recognized competence, to cover the lower judge Enrique Bacigalupo. List to cover this seat comprised judges Corcoy Luisa Mar a, Susana Huerta, Antonio del Moral, and Gonzalo Quintero.
The rest cover outstanding seats occupied by members of the Court has judicial career. The Civil Chamber for jubilaci n n Garc Rom and Varela, and the litigation had been a judge at elecci n, Manuel Sieira as President of the same.
For civilian candidates Eduardo Garc a Baena, Antonio Paredes, Julio Cesar Picatoste, John Ruiz-Rico and Jos Mar a Tom s. By ltimo, to disputes fragment, the list of approved earlier by the CGPJ Comisi n Calificaci n, consisting of Felisa Atienza, Jos Mar a Gil S ez, Joaqu n Jos Ortiz Blasco and Jos Mar a risk.
There is the fact that, if Finally there is agreement and appoint new judges, a stack of pasar n form page as judges m s "modern" in the so-called Hall 61 Supreme Court adequately in a few weeks in the requirement table for tendr ilegalizaci n the new page, the abertzale left Sortu, preparing Fiscal and Abogac and the State.

Supreme will examine next April 5 If releases over the oldest prisoner in Spain

Pr ximo estudiar Supreme Court on April 5, behind closed doors if the release of Miguel Francisco Montes Neiro, thought to be imprisoned, Espa and deposed com n m s combined sentences from ago 35 and os. Fiscal and turned against their convictions are accumulated, decisi n the permitir a Montes leave c rcel before the date laid down by the courts, ltima which met in 2021.
Despite having no blood crimes, Neiro top, natural, Granada and the age of 60 and os, was since 1976 without access to even a provisional release. Dilataci n their sentences because of his attempts to flee. ltimo their starred in November 2009 in the prison leave to take part in the face of his mother in Grenada.
Decisi n for the future of the peace are members of the depender Andr s Mart nez Arrieta, Jos Manuel Maza, judges Francisco Montender, Jos Antonio Mart n Pall n and Carlos Granados, Supreme Court sources have reported Thursday, as the rapporteur for the resoluci n cheese.
Situaci n Montes Neiro is pogarszane the recent entry into force of the new C criminal not digo allows you the excesses in implementing preventive prisi n are discounted in various cases. However, seg n claimed defence of mountains before the Supreme, the case law supports, which are favourable to the accused, which m s preference in the event of a change of legislaci n.

DEBI in 1994, SEG N DEFENCE
In this context, the defence of Montes Neiro, represented by F 2006 ngel Mart n Garc a, asked the Supreme to account overview d as in prisi n leads the prisoner, because this is an seg n their c lculos, and to meet the 13,300 d as prisi n and debi with c rcel in March 1994 *
Provincial hearing of Granada, one of the sentenciadores courts Montes rejected these accounts and Neiro has alleged that the refundici n sentences should be used during the exploration process of nico because "otherwise the cheese and a kind of cr dito to the benefit of the accused to actuar and as a kind of carte blanche as a crime".
Fiscal and admit rejects Montes Neiro resources considering the necessary '' and that the Court dismissed a new car with the data needed to evaluate if the outstanding sentences are cumulative and are addressed within their competence, and those requests that all raise the criminal record.

The Supreme Court establishes that C-LM does not have permissions to the conditioning of the transfers in the Tagus basin-Segura

The Supreme Court has been se alado, giving the Junta de Comunidades of Castilla-La Mancha in no body Conditioning diversions in the Tagus basin-Segura water which spend big in different communities aut nomas.
As fixed sentence, which was to access Europa Press, 11 February, a third room Secci n fifth Supreme Court that administrative proceedings desestima appeal in March 2009 by the Junta de Castilla-La Mancha, Spain against the agreement, the Council of Ministers on 16 January 2009, decidi shift 44.5 hect metros (c) of the destination to bicos in the Tagus basin-Segura Aqueduct.
The agreement, the Council of Ministers shall lay down that the quantity of water to 24.5 hect metros c bicos for supplies destined for the population and irrigation c bicos 20 hect metros to ensure the survival of plantation le osas.
Se alaba Board reference should not be a Evaluaci hab n obligatory environmental impact in accordance with the law of Evaluaci (n) the environmental impact of Castilla-La Mancha, Spain. In its judgment, the Court pointed out that "such standard auton mica is not aplicaci n in relation to the transfer basins", which are those that pass through the m s Community Aut noma, ' the est n subject to State standards in accordance with the principles and legal entities established ".
Resoluci n Court alleges also that interpretaci n standard auton mica "nicamente can become as Constituci n, so are banished these interpretations involving vulneraci n the same is what a suceder if relating to the various basins shifts Make tabula rasa diferenciaci n between intercommunity basins and poultry".

IRRIGATION WATER
Adem s, Jos Mar a Barreda Government questioned the "particularly" in his appeal to transfer 20 hect metros bound for irrigation, "then your needs not est duly justified in administrative proceedings, which are, in particular, the contested act lacked the necessary motivaci n", dec.
The sentence says that in the case of administrative work, "the reasons for his already se ala decisi n water transfer". AS, he points out that "despite the rain ltimas, tanks head contin an Tagus basin River in situaci n exceptional quality and reserves sit an around 359 hect metros c bicos, more than 240 c bicos hect metros volume limits established by the law of the national plan of Hidrol and gico of 2001, below which the water does not need to send" "to be able to guarantee the Tagus basin atenci n needs".
In this way, the highlights of the Supreme Court "situaci n exceptional" is its thorough report situaci n justificaci n Explotaci n n median Comisi Tagus basin-Segura Aqueduct on December 29, 2008.
In this report adds resoluci n, examines the details of the method of origin and the receiving basin, embalsados vol menes, his evoluci n and projections, adem s tables contained in the annex, expressing in consumption and os hidrol gicos.
Furthermore, the Court refers to the Direcci n General water report, which explains the background, forecasts and water requirements for different use. In this way, consider that these reports "to ensure the appropriate justificaci n transfer agreements", showing that such an administrative act is based on rational interpretaci n, and is not the result of samowolnym or on its own.
In this connection, the Declaration stresses that "the contested agreements do not suffer because of lack of motivaci n," as expressed reasons decisi n water transfer. In the appeal were called General Administraci n Central Union of watering in the Tagus basin-Segura Aqueduct and Generalitat valenciana.

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