So today reports are surfacing that Bernard Madoff, the perpetrator of the largest Ponzi scheme in history, is dying of cancer in a North Carolina Federal Prison.

The 71-year-old is reportedly taking 20 pills a day to treat his cancer and has told other inmates that he does not have long to live.

“Lawyers for Madoff have not yet responded to the reports, although they earlier declined to respond to questions on the matter when speculation arose earlier this year that he was suffering from pancreatic cancer. His wife, Ruth, has also declined to answer questions regarding the matter.”

“Madoff is currently serving a 150-year sentence in Butner, N.C., for swindling $65 billion from thousands of investors. He pleaded guilty to 11 felony charges in March and was sentenced in June.”

It is not been stated what from of cancer Madoff is suffering from, but there have been reports that he has been attending “Native American religious purification ceremonies” that use heat rocks and ceremonial pipes.

“Madoff is also being recruited by various prison “gangs,” and some prisoners have been cooking him sandwiches in their cells.”

Check out the original article: Bernard Madoff Apparently Dying Of Cancer

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com. SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

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This would be quite possibly one of the most embarrassing reasons to get fired. Well, I could think of a lot more that would be more embarrassing, but this is pretty bad…

The  former chief counsel at a multinational corporation was forced to resign after stealing food from his companies on site cafeteria. The Supreme Court of Kansas disciplined Troy H. Ellis after a video camera caught him stealing food.

According to the companies website, the company, which a subsidiary of Koch Industries, is the world’s largest producer of nylon and spandex, and it has locations in 24 countries.

“The Kansas Supreme Court’s April 17 decision issued a public censure against Ellis, who was forced to resign after the theft at Invista’s Wichita, Kansas, office came to light in 2007. The court found that he had violated the rules of professional responsibility by failing to “maintain his personal integrity” and by causing “actual injury” to the legal profession.”

Ellis said “I think I was just overworked.” Said Ellis, “I made a mistake.”

“Ellis could not be reached for comment. A spokeswoman for Invista (the food service company) declined to comment on the court decision or Ellis’ employment with the company. On the audio recording from the hearing, Ellis said that he had received the biggest promotion of his career just prior to committing the theft. He had worked for the company for six years. “

That was an awefully expensive bag of cheetos and sandwich.

During a five-day period in September 2007, Ellis eight times loaded a tray with food and left the cafeteria without paying. After cashiers at the cafeteria noticed his behavior, security employees installed a video camera that caught him in the act. The senior vice-president and general counsel of Koch Industries, confronted Ellis, who denied it until he was presented with video evidence.

The same day, Ellis sent Holden an e-mail that said he was “embarrassed and disgusted” with himself. “I lied. I stole. I violated the Code of Conduct,” he wrote.

His e-mail continued: “I have had to tell my parents, who are here, my wife and my children what I did. I received no sympathy and the same question — why? I have no good answer.”

That’s the way the Cheeto’s Crumble.

To view the original article, click here.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

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It wasn’t that long ago that there were only a handful of ways one could surf the Internet. As recently as 2002, Microsoft’s Internet Explorer had close to 90% penetration, which meant that web pages really only had to be coded for that one browser. Today, Mozilla Firefox, Google Chrome and Opera are taking bites out of Microsoft’s dominance, and now, there is a new tool that can be used to surf the Internet, reach out to clients and more. Smart phones are phones that have Internet access and can browse web pages, but is your website ready for this new innovation? Let’s take a look at how Smart Phones are changing the world of business in the 21st century.

Since Smart Phones make web browsing a portable endeavour, it also means that email is now portable, as well. You no longer have to call someone on their cell to reach them when they are away from their desk, which means that the world of business is speeding up. More business is now able to get done from more locations than ever before, which means longer hours, more stress and more pressure to perform than ever before.

Not only do Smart Phones make the world of business smaller, they may eliminate the centralized business office forever. It is no secret that more and more people are working from home than ever before and now that Smart Phones make working away from a desk easier than ever, there isn’t much of a reason to have a desk in the first place. As technology improves, teleconferencing, video phone calls and other applications will make offices even more irrelevant. Soon, the idea of “going into work” may seem as antiquated as rotary dial telephones.

One of the biggest obstacles that any office environment must face is communication. Management in some offices have gotten rid of cubicle walls so that coworkers can speak freely and share information to increase productivity, and there is no reason to think that Smart Phones can’t have the same kind of impact. At its heart, a Smart Phone is a communication device, but it also so much more. The iPhone, for instance, is packed with productivity software, communication tools and ways to share information like never before. If any creation can help an office stay in touch with each other, it is a Smart Phone.

Finally, Smart Phones like the iPhone may finally help the entire business community communicate in the same language. Just like the battle between Mac and PC has been raging in high schools and college classrooms around the world, businesses have been choosing sides, as well. For businesses that pick the iPhone over other Smart Phones, a switch to a Mac-based office is almost guaranteed. The real question will be which of the Smart Phones will become the business standard. The winner may help to write the next fifty years of business technology from sea to shining sea.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com, the first online practice guide for the national litigator and the national litigation practice.

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A September 2007 decision in which a York County, Pa., judge invalidated a marriage because it was performed by a minister who was ordained via the Internet was the catalyst for litigation over the validity of a ministers credentials and what exactly defines a church.

“A minister ordained over the Internet who has no congregation and no church to preach in is nonetheless empowered under Pennsylvania law to preside over marriage ceremonies, a Bucks County judge has ruled.”

“The Dec. 31 decision by Judge C. Theodore Fritsch Jr. in In re O’Neill directly conflicts with a September 2007 decision in which a York County judge invalidated a marriage because it was performed by a minister who was ordained via the Internet.”

In the 2007 case Heyer v. Hollerbush , a judge held that the marriage of Dorie Heyer and Jacob Hollerbush never existed because the Universal Life Church minister who conducted it did not serve a congregation or preach in a physical house of worship.”

As a result of the judges decision, registers of wills in counties throughout Pennsylvania began telling prospective couples that marriages performed by ministers who don’t serve a congregation or place of worship are not valid and some counties were even telling couple to get remarried.

As a Result, Attorney Mary Catherine Roper of the American Civil Liberties Union Of Pennsylvania  went to court on behalf of three couples seeking legal declarations that their marriages are valid.

Now, with Fritsch’s decision, Roper has won all three cases and, in the final case, a written opinion that rejects the previous judges’ analysis.

To view the original article, click here

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Sometimes I wonder why people don’t pay more attention to the daily news, which frequently reports accidental cop killings. It’s something that occurs on a regular basis and all we do is shake our heads and say, “Not another one!” However, what if a civilian mistakenly shot a passersby? They’d face a trial and most likely a lengthy conviction.

In fact, even if a civilian is defending their home after a burglar steps inside, if they kill the intruder…they go to jail. For example, in the movie Felon, starring Stephen Dorph, the story centers around a man who commits murder in order to protect his home and his wife from a a burglar and winds up in one of California’s most dangerous prisons for years.

Meanwhile, cops are out shooting folks and they get suspended with pay, at best. There are so many cases of this that I can’t begin to write about each one, including the incident that will probably happen again tonight, however, I would like to mention yesterday’s shooting. On Tuesday morning, October 28, 2008, in Anaheim, California, newlywed Julian Alexander stepped outside his home to confront suspected burglars and was shot by cops in a “case of mistaken identity,” stated police. As a result, the innocent man died after taking two bullets to the chest by the officer chasing four burglary suspects.

Police Chief John Welter said the officer ran into Alexander, mistook him for one of the four juvenile suspects and shot him.

“The last thing we ever want to do, No. 1, (is) take somebody’s life,” he said. “And we certainly don’t want to take the life of someone who is mistakenly believed to be involved in some criminal activity.”

“He was a good kid, trying to protect his house,” said Alexander’s mother-in-law Michelle Mooney. “And the police, instead of asking questions, they just shot first. Somebody has to be held responsible for this.”

Held responsible if it’s a cop? Please! The 10-year veteran is suspended on paid leave pending an investigation.

“It’s mistaken identity, but that doesn’t bring my son back,” said Alexander’s father Jerry.

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Appealing a case isn’t cheap. However, we’ve got some good news for individuals wanting to appeal! The State Supreme Court of Washington ruled on October 30 that attorney fees awarded to a person who successfully appeals a ruling by an administrative agency will triple.

The case came about when Kathie Costanich, a foster parent whose license was revoked by the state Department of Social and Health Services (DSHS), appealed the revocation in Superior Court. Awarded $25,000 in attorney fees, the max allowed by law but only a fraction of the $160,000 billed by attorneys, Costanich was eventually awarded $46,239 for fees by the state Court of Appeals.

DSHS didn’t like that at all. Claiming that the state Equal Access to Justice Act capped attorney fee awards at $25,000 for all stages of judicial review, the Supreme Court ruled that the cap is $25,000 each for the trial, the appellate level and the Supreme Court.

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We are hearing more and more about same-sex couples getting hitched in the state of California. Although it was recently made legal, protesters pushed for the issue to go on the November ballot. Voting as to whether a same-sex couple has the right to wed, in my opinion, seems pretty “stone age.” Why the majority has the right to decide if a same sex couple marries is absurd. Shouldn’t it be up to the actual couple? Just like the abortion issue, I think that if you are against it, don’t do it. However, you really shouldn’t be allowed to dictate what others do, regardless of your beliefs.

While Cali is about to come face to face with the same-sex marriage issue, there is also a debate across the country as to whether or not a same-sex couple has the right to adopt a child. In most states, they don’t…yet! However, in Connecticut, same-sex couples are now eligible for adoption and that’s something to celebrate. Legal recognition for both parents have been gained and my hope is that other states will soon follow. Just like when segregation laws collapsed, times are changing and people are being asked to open their minds and hearts, allowing the transformation of a new idea, which gives those who are “different,” equal rights that offer the chance at a happily ever after.

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Nasty blogging is the wave of the future! Unfortunately, anyone can write almost anything online and not even acknowledge who they are. Therefore, you can get slammed and once any kind of slander hits the Web, it’s floating around in cyber space for life. The question is: Can you do anything about it?

According to The National Law Journal’s Joel Cohen & Katherine A. Helm, “47 U.S.C. 230(c) confers broad protection for both the blocking and screening of offensive material. As interpreted, it basically gives blanket immunity to blog owners for most speech by third parties, whether prescreened, automatically posted or later removed.

“The “Zeran rule” is that the blog author/owner cannot, except in very limited circumstances, be held liable if an anonymous commentator posts the harmful information. This holds true whether the owner is an individual running a blog in his basement, or the New York Times Co. outfitting its online edition with blogs or article comments.”

Therefore, while an actual blogger can be held responsible, the publication is liable-free. The blogger’s bashing may be ordered to get taken down, but let’s keep it real…once material online has been out there for a while, it can pop up like magic, regardless of the material’s removal.

Basically, the law hasn’t caught up to the web regarding slander, yet. The only real defense is to take the “cyber law” into your own hands. What does that mean exactly? Slander back…or threaten a retaliation. Words can be brutal and when it comes to the worldwide Web, no one should throw stones from glass houses.

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After getting into some serious trouble, David Bershad, a former senior partner at Milberg Weiss, now called Milberg, is hoping to bypass a prison sentence. Although he admitted to conspiracy to obstruct justice and making false statements under oath during employment at the firm, Bershad is begging for a “prison-breaker” since he assisted the government in building a case against the firm.

“Bershad gave the government the most complete view of the nature, scope, and history of the conspiracy that the government obtained from any source,” prosecutors said in court papers.

Stating that he identified paid plaintiffs in Florida and bonuses that were used to reimburse partners for their contributions to those kickbacks, Bershad gave away inside info regarding Weiss and all the others. Thus, he hopes not to be sentenced to 18 months, which was recommended by the U.S. Probation Office, according to papers filed on Monday.

Sentencing is scheduled for October 27 and I’m sure he is nervous. But should he get a break?

“After a great deal of soul searching, I realized that I had not only broken the law but my solemn oath to uphold it,” Bershad wrote in his own letter to U.S. District Judge John Walter of the Central District of California, who is overseeing the case. “My wrongful acts were in direct conflict with my own values of honesty and integrity.”

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The high court is officially going green! Taking on five environmental cases for decision…it looks as if environmentalists should be cracking open the champagne and toasting. After several decades of pushing for people to get involved, with the courts now taking cases over such issues, change is obviously in the air.

According to Marcia Coyle at The National Journal, “traditional antagonists in these high court cases, environmental and business groups do seem to agree on at least one thing: The five pending cases are likely to be especially revealing of the still-emerging Roberts Court in an area of increasing national and international concern.”

The five cases presented in court will push the government to enforce the nation’s major environmental laws despite rejections from big businesses. In short, that means that environmentalists aka “the little guy” are beginning to stand up and have a voice when it comes to the law.

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