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Lara Law Firm
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Car Accident Lawyer Tucson, Arizona
Car Accident Lawyer Tucson, Arizona

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U.S. Supreme Court to Determine Jurisdiction in Railroad Injury Case

The U.S. Supreme Court has agreed to hear a case to determine whether a state court has jurisdiction when plaintiffs and defendants aren’t residents of the state and the activity that prompted the lawsuit didn’t occur in the state. The case at hand is a railroad injury lawsuit filed against BNSF, a Delaware corporation whose principal place of business is Texas. "The U.S. Supreme Court agreed to review a Montana Supreme Court decision that ignores fundamental due process limits on the ability of state courts to exercise personal jurisdiction over out-of-state defendants."

http://courthousenews.com/scotus-takes-on-forum-shopping-with-railroad-injury-case/

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Trinity Marine Products, Inc. v. United States

Trinity filed an administrative claim in 2012 and a complaint in federal court in 2013 under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b)(1), 2680(h), alleging malicious prosecution. In 1999, Trinity was indicted for illegally storing hazardous waste without a permit and the charges were dismissed in 2003. The district court dismissed Trinity's claim as time barred. The principal issue on appeal is whether equitable tolling is applicable in this case where one of the federal agents investigating Trinity intentionally concealed his extramarital affair with another investigator. Under Louisiana law, a claim of malicious prosecution requires showing both an “absence of probable cause” and “the presence of malice.” Thus, the only evidentiary basis for a viable malicious-prosecution FTCA claim “well grounded in fact” would be evidence to support the allegations that federal law enforcement officers maliciously instigated the prosecution despite a lack of probable cause. The court held that the district court erred by failing to equitably toll the statute of limitations, determining that the Government has not met its burden of conclusively establishing that Trinity would have discovered evidence to support the allegations in the complaint through the exercise of reasonable diligence prior to 2011. In this case, neither the unsealed grand jury testimony nor the amended complaint conclusively establish that Trinity would have discovered evidence to verify the allegations that federal law enforcement officials maliciously instigated the case despite a lack of probable cause. Accordingly, the court reversed as to this issue. The court concluded, however, that collateral estoppel is not applicable in this case. The court affirmed as to this issue.

http://law.justia.com/cases/federal/appellate-courts/ca5/14-31130/14-31130-2016-02-08.html

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NVIDIA To Settle False Advertising Class Action Lawsuits

NVIDIA NVDA has successfully launched a handful of sought-after graphics cards over the last few months. The company’s latest graphics cards, the GeForce GTX 1080, GTX 1070, and GTX 1060, are all based on the highly-efficient Pascal architecture, and offer leading performance at their respective price points. The powerful TITAN X, which is due to arrive soon, is also based on Pascal.

One of NVIDIA’s previous-gen graphics cards, the GeForce GTX 970, was also very popular and offered excellent performance per dollar, but it got the company in the bit of hot water due to some mistakes with the initial published specifications and its segmented memory configuration.

http://www.forbes.com/sites/marcochiappetta/2016/07/31/nvidia-to-settle-false-advertising-class-action-lawsuits/

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Medical marijuana card can be used during stop

The Arizona Court of Appeals held that the Arizona Medical Marijuana Act ("AMMA") grants an affirmative defense to a defendant charged under § 28-1381(A)(3) who can show he or she is authorized to use medical marijuana and "that the concentration of marijuana or its impairing metabolite in [his or her body] was insufficient to cause impairment." Dobson v. McClennen, 238 Ariz. 389, 393, ¶ 23 (2015). We grant relief to the petitioner in this case because the municipal court erred when it precluded evidence that he has an AMMA card. We vacate the petitioner's conviction and remand for further proceedings consistent with this opinion.

http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2016/1%20CA-SA%2016-0134.pdf

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Wage hike receives green light

Earlier this year the Arizona Restaurant Association sought to keep Proposition 206 from getting to the ballot. A judge on Wednesday refused to block the voter-approved law that requires employers to pay their workers at least $10 per hour beginning Jan. 1. Figures from the Bureau of Labor Statistics show about 770,000 Arizonans are making less than $10 an hour.

http://www.dcourier.com/news/2016/dec/22/wake-hike-receives-green-light/

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Check to See If Your Car Has Been Issued a Safety Recall

A recent study by CarFax found that about 18% of cars on the road are operating with an open safety recall. Check to see if yours is one of them today.

http://bit.ly/1LCyBz1

#AutoSafety #AutoRecall #SaferRoads

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