Connecticut AG Subpoenas Craigslist Over Prostitution Ads

Connecticut Attorney General Richard Blumenthal said Monday that he has issued a subpoena to craigslist Inc. seeking information on whether it's fulfilling its promise to crack down on ads for prostitution in its adult-services section.

In a statement Monday, Blumenthal said the ads have persisted despite a commitment in 2008 by the classified advertising website to crack down on those ads and he wants to know whether craigslist is profiting from those ads.

"The craigslist brothel business seems booming--belying its promise to fight prostitution," Blumenthal said. "We are asking craigslist for specific answers about steps to screen and stop sex-for-money offers--and whether the company is actually profiting from prostitution ads that it promised the states and public that it would try to block. We're seeking answers, so we can reach legal conclusions."

Blumenthal, in part, is seeking documents related to craigslist's manual review process for potentially objectionable ads, information on the ads that are eliminated or rejected and communications from law enforcement regarding ads and craigslist's response.

In November 2008, craigslist reached an agreement with Connecticut and 39 other states to crack down on prostitution ads, including requiring posters of adult-services ads to give a working phone number and pay a fee with a valid credit card. The website also agreed to provide information in response to law-enforcement subpoenas.

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Georgia Process Server Bill Passes - HB 545

Our friends in Georgia have notified us that HB 545 passed on April 29th. The new legislation provides for the following:

• to provide for certification of persons authorized to serve process throughout the state if the server passes an exam and background check
  
• to provide for service upon persons residing in gated and secured communities

This new law will go into effect on July 1, 2010.

View the complete law in pdf format here.

New York City Process Serving Legislative Updates

In response to the blatant failure to serve on the part of a number of New York Process Servers, the New York City council has passed a new legislation further regulating the process serving industry. 

The entire contents of the bill are included, but can be summarized as: 

• Independent process servers must obtain a $10,000 surety bond or put up $1000 towards the non-refundable fund for fines and legislative judgements.  
• Process serving companies must obtain a $100,000 surety bond with the city to guarantee compliance. 
• Log all service attempts with an electronic GPS system.
• Maintain records and electronic service logs for seven years.
• Provide a statement of employee rights and employer responsibilities to every process server and maintain records of receipt. 
• Individuals wishing to serve process must pass a test at the time of application for their license. 

The bill follows in it's entirety: 

The New York City Council 

Legislation Text

By Council Members Garodnick, Brewer, Gonzalez, James, Koslowitz, Lappin, Palma, Seabrook, Vallone, Barron, Mendez, White, Jackson, Lander, Williams, Sanders Jr., Levin and Vann

A Local Law to amend the administrative code of the city of New York, in relation to process servers. Be it enacted by the Council as follows:

Section 1. Section 20-403 of the administrative code of the city of New York is amended to read as

follows:

• a. Process server license. It shall be unlawful for any person to do business as, be employed as or perform the services of a process server without a license therefor.
• b. Process serving agency license. It shall be unlawful for any process serving agency to assign or distribute process to individual process servers for actual service in the city of New York without a license therefore.

§2. Section 20-404 of the administrative code of the city of New York is amended to read as follows:

• a. A process server is a person engaged in the business of serving or one who purports to serve or one who serves personally or by substituted service upon any person, corporation, governmental or political subdivision or agency, a summons, subpoena, notice, citation or other process, directing an appearance or response to a legal action, legal proceeding or administrative proceedings.
• b. A process serving agency is any person, firm, partnership, association or corporation, other than an attorney or law firm located in this state, or city marshal, who maintains an office, bureau or agency, the purpose of which is to assign or distribute process to individual process servers for actual service in the city of New York.

[b.] c. For the purposes of this subchapter the service of five or more process in any one year shall be deemed to constitute doing business as a process server.

§3. Section 20-406 of the administrative code of the city of New York is amended by adding a new subdivision c to read as follows:

• c. Each such applicant for a process server license or renewal thereof shall be required to pass an examination satisfactorily. Such examination shall be under the supervision of the commissioner and shall test the knowledge of the applicant concerning proper service of process within the city of New York and familiarity with relevant laws and rules.

§4. Subchapter 23 of chapter 2 of title 20 of the administrative code of the city of New York is amended

by adding new sections, 20-406.1, 20-406.2, 20-406.3 and 20-406.4 to read as follows:

20-406.1 Bond required. 

• a. As a condition of the issuance of a process server license, each applicant for such license or a renewal thereof shall furnish to the commissioner a surety bond executed by the applicant in the sum of ten thousand dollars, payable to the city of New York, and a surety approved by the commissioner. Such bond shall be conditioned upon the applicant's compliance with the provisions of this subchapter and any rules promulgated thereunder, and upon the further condition that the applicant will pay (i) to the city any fine, penalty or other obligation the city imposes relating to a violation of this subchapter and any rules promulgated thereunder, and (ii) to a plaintiff any final judgment recovered in an action arising out of the violation of any of the provisions of this subchapter within thirty days of its imposition. If an applicant is unable to obtain a surety bond as required by this section, and upon the provision of proof satisfactory to the commissioner of such inability, the individual applicant may, in lieu of furnishing such bond, deposit an amount of no less than one thousand dollars in a fund to be established by the commissioner to pay 
• (i) to the city any fine, penalty or other obligation the city imposes relating to a violation of this subchapter and any rules promulgated thereunder, and 
• (ii) to a plaintiff any final judgment recovered in an action arising out of the violation of any of the provisions of this subchapter within thirty days of its imposition.
• b. A process server licensed under this subchapter who engages in the business of serving process exclusively as an employee of a process serving agency licensed under this subchapter shall not be required to furnish a surety bond.
• c. As a condition of the issuance of a process serving agency license, each applicant for such license or a renewal thereof shall furnish to the commissioner a surety bond in the sum of one hundred thousand dollars executed by the applicant payable to the city of New York, and a surety approved by the commissioner. Such bond shall be conditioned upon the applicant's compliance with the provisions of this subchapter and any rules promulgated thereunder, and upon the further condition that the applicant will pay 
• (i) to the city any fine, penalty or other obligation the city imposes relating to a violation of this subchapter and any rules promulgated thereunder, and
•  (ii) to a plaintiff any final judgment recovered in an action arising out of the violation of any of the provisions of this subchapter within thirty days of its imposition.

§20-406.2 Responsibilities of process serving agencies. Every process serving agency licensed under

this subchapter shall:

• a. Comply with all applicable state and federal laws;
• b. Be legally responsible for any failure to act in accordance with the laws and rules governing service of process by each process server to whom it has distributed, assigned or delivered process for service;
• c. Provide to each process server employed by such agency a written statement indicating the rights of such employee and the obligations of the process serving agency under city, state and federal law. Such statement of rights and obligations shall include, but not be limited to, a general description of employee rights and employer obligations pursuant to laws regarding minimum wage, overtime and hours of work, record keeping, social security payments, unemployment insurance coverage, disability insurance coverage and workers' compensation;
• d. Keep on file in its principal place of business for a period of three (3) years a statement for each employee, signed by such employee, indicating that the employee read and understood the statement of rightsand obligations such employee received pursuant to subdivision (c) of this section.

§20-406.3 Records, Audits.

•  a. Every process server and process serving agency licensed under this subchapter shall retain records in compliance with section 89-cc of the New York state general business law for no less than seven (7) years of each process served. Such records shall be retained in electronic form. Tampering with any such electronic records shall be prohibited.
• b. A process server licensed under this subchapter who engages in the business of serving process exclusively as an employee of a process serving agency licensed under this subchapter shall not be subject to the provisions of subdivision (a) of this section, but shall be required to comply with all other applicable laws.
• c. The commissioner may conduct audits of the information required to be kept pursuant to subdivision a) of this section in order to monitor compliance with this subchapter.

§20-406.4 Educational materials. The commissioner shall develop educational materials to be provided to all process servers and process serving agencies licensed under this subchapter. Such materials shall at a minimum identify the laws and regulations pertaining to service of process in the city of New York.

§5. Section 20-409 of the administrative code of the city of New York is amended by adding a new subdivision c to read as follows:

• c. Upon application for renewal of a license issued pursuant to this subchapter, applicants subject to subdivision (a) of section 20-406.3 of this subchapter shall certify in writing compliance with the record keeping provisions of such section.

§6. Subchapter 23 of chapter 2 of title 20 of the administrative code of the city of New York is amended by adding new sections 20-409.1 and 20-409.2 to read as follows:

§20-409.1 Violations and penalties. Any person who, after notice and hearing shall be found guilty of violating any provision of this subchapter, shall be punished in accordance with the provisions of chapter one of this title and shall be subject to a penalty of not less than seven hundred dollars nor more than one thousand dollars for each violation.

§20-409.2 Civil Cause of Action. Any person injured by the failure of a process server to act in accordance with the laws and rules governing service of process in New York state, including this subchapter and regulations promulgated thereunder, shall have a cause of action against such process server and process serving agency, which distributed or assigned process for service, in any court of competent jurisdiction for any or all of the following relief:

• a. compensatory and punitive damages, provided that punitive damages shall only be awarded in thecase of willful failure to serve process;
• b. injunctive and declaratory relief;
• c. attorneys’ fees and costs; and
• d. such other relief as a court may deem appropriate.

§20-409.3 Reporting. Twenty-four months after the local law that added this section becomes effective, the commissioner shall submit a report to the speaker of the council regarding the effectiveness of these provisions on effectuating proper service and improving oversight over the process service industry. Such report shall include, among other things, the results of audits the commissioner has completed of process servers and process serving agencies, including information regarding their compliance with the provisions of this subchapter.

§ 7. Subchapter 23 of chapter 2 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-410 to read as follows:

§ 20-410 Electronic record of service. A process server licensed pursuant to this subchapter shall carry at all times during the commission of his or her licensed activities and operate at the time process is served or attempted an electronic device that uses a global positioning system, wi-fi device or other such technology as the Commissioner by rule shall prescribe to electronically establish and record the time, date, and location of service or attempted service. All records created by such electronic device shall be maintained in an electronic

database by the process server, or if such process server is acting exclusively as an employee of a process service agency, by the process service agency, for seven (7) years from the date such record is created.

§8. This local law shall take effect one hundred eighty days after enactment provided, however that the commissioner of consumer affairs shall take all actions necessary for its implementation, including the promulgation of rules, prior to such effective date and except that section 20-410 shall take effect sixty days after the adoption of rules promulgated pursuant to such section.

U.S. May Sue Arizona Over New Immigration Law

Attorney General Eric Holder said Tuesday that the Justice Department may sue Arizona over a new state law that authorizes police to question the immigration status of anyone they suspect of being in the country illegally.

"I'm very concerned about the wedge it could draw between communities that law enforcement is supposed to serve and those of us in law enforcement," Holder said.

And Homeland Security Secretary Janet Napolitano said the new state law could siphon away federal money and staff needed to hunt down dangerous immigrants.

The critical comments by the nation's top law enforcement official and the Cabinet secretary responsible for enforcing immigration laws came four days after Arizona's governor signed into law the measure designed to crack down on illegal immigrants.

Meanwhile, Senate Majority Leader Harry Reid backed off his pledge to fast-track an overhaul of the nation's immigration laws after fellow Democrats voiced skepticism and a key Republican supporter abandoned the effort.

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Judiciary Licenses Special Process Servers

The job is known as a "Special Process Server" because under Guam law, certain documents must be served by "a person specially appointed for that purpose."

Until very recently, only special process servers could serve a complaint. In 2007 changes were made to the Guam Rules of Civil Procedure that eliminated this requirement, and now any person over 18 who is not related to a party can serve the lawsuit on the person being sued. However, there are still a number of official court documents that have to be served by a special process server, mostly technical documents required by law to be served by a person with special training.

Until recently, a person could be appointed as a special process server on Guam by asking the court for the designation. However, most state courts require special training for licensees. Guam has followed this trend, and now requires that people who make their living by serving special court documents be trained and tested.

After developing, discussing and implementing the Process Server Regulations, the Judiciary will train its first class of special process servers in Spring 2010. The Judiciary also will issue new identification badges that a special process server must use in serving documents, so that the public is aware the person has been trained and licensed pursuant to Judiciary regulations.

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Accused Killer, Former Process Server, Attempts Suicide In Jail

LAS VEGAS -- The bizarre saga of Gregory Hover, the former process server accused of killing two people, took another turn Thursday morning when he missed a court appearance following a suicide attempt in jail.

That’s according to a Clark County Court bailiff, who could not confirm Hover’s condition or describe what took place while he was in custody.

Hover, 38, was moved to isolation earlier this month after allegedly stabbing a fellow inmate with a pair of scissors.

Despite repeated inquiries, authorities have not said why he was given access to scissors.
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Blagojevich Wants Obama to Testify at Trial

Former Illinois Gov. Rod Blagojevich has asked a federal judge to subpoena President Barack Obama to testify at his corruption trial this June.

In a motion filed Thursday, Mr. Blagojevich contends that "President Obama has direct knowledge to allegations made in the indictment."

Mr. Blagojevich has pleaded not guilty to charges that he plotted to sell the Senate seat left vacant by Mr. Obama after he was elected president.

In the 11-page motion, Mr. Blagojevich's attorneys say that Mr. Obama has said no representatives of his had anything to do with alleged deals for the Senate seat. Those statements "contradict the testimony of an important government witness," according to the motion.

The alleged contradictory information had been redacted in Thursday's filing.

Mr. Obama is "the only one who can say if emissaries were sent on his behalf, who those emissaries were, and what, if anything, those emissaries were instructed to do on his behalf," the motion says.

Mr. Blagojevich contends that Mr. Obama may also have pertinent information about Antoin "Tony" Rezko, a government witness in the trial, who was found guilty in 2008 on charges of bribery fraud and money laundering but has not yet been sentenced.

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Senate Committee Subpoenas Fort Hood Documents

In a rare public dispute between a Democratic-led Congress and the White House, a Senate committee on Monday subpoenaed the Obama administration for secret documents and access to witnesses in last year's mass shooting at the Fort Hood Army base in Texas.

Congress has been largely supportive of President Barack Obama's policies and the White House prides itself on increased government transparency. Nonetheless, the chairman and ranking Republican of the Senate Homeland Security and Governmental Affairs Committee have alleged that the administration is covering up critical details on the case, including whether the government had access to information that could have prevented the shooting.

"Unfortunately, it is impossible for us to avoid reaching the conclusion that the departments simply do not want to cooperate with our investigation," wrote Sens. Joseph Lieberman, I-Conn., and Susan Collins, R-Maine, in a letter accompanying the subpoena.

The Defense and Justice departments say that release of the disputed data would compromise the prosecution of Maj. Nidal Hasan, the disgruntled Army doctor charged with killing 13 people.

"We'll obviously be reviewing it and determining the department's next steps," Pentagon spokesman Bryan Whitman said of the subpoena.

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Metro Police Adopt Electronic Subpoena System

After years of inaction, Louisville Metro Government has signed a $454,000 contract to adopt an electronic subpoena system to replace the county's cumbersome system of hand-delivering papers and help make sure officers show up for court.

“Everybody's going to benefit from this,” especially police, said Bruce McMichael of the Louisville Metro Criminal Justice Commission.

Metro Police Lt. Col. Vince Robison, responsible for overseeing court attendance, said the department is “very optimistic this will help us eliminate” the problem of officers missing court.

In recent years, an estimated 10 percent of the approximately 100,000 paper subpoenas issued annually to Louisville police never reached the officers, according to department officials. They and others cite the process as one reason why officers miss court.

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Beaten College Student John McKenna Will Sue Police, Lawyer Says

The University of Maryland student whose beating was caught on video plans to sue the police officers he has accused of assaulting him, his lawyer said today.

John McKenna, 21, is still recovering from the physical injuries he received last month when he got caught up in a celebration of his school basketball team's win over Duke. Newly released video shows three Prince George's County police officers in riot gear ramming the student and then beating him with batons.

Left unconscious in the street, McKenna suffered a concussion and defensive-type bruises on his arms. He needed eight staples in his skull to close his head wound, his lawyer, Chris Griffiths, told "Good Morning America."

"He's a young man ... and he's recovering from the physical injuries," he said, "but obviously there was quite a bit of emotional distress he suffered in the incident."

One officer has been suspended and authorities have promised a thorough investigation into the incident on a College Park, Md., street, which was documented in a police report that Griffiths called a "cover-up." But Griffiths said he and his client want to make sure the officers involved are held accountable in civil court.

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Fla. Man Sued For $15K Over Negative eBay Remark

Can posting your opinion on eBay cost you in real life?

So far Michael Steadman has spent $7,000 for his, and he isn't yet done defending himself in a $15,000 defamation lawsuit brought by the man who sold him a reportedly defective time clock.

Steadman bought the clock for $44 in 2008, and said it arrived in three pieces that didn't fit together or even seem to be the same model. He got a refund through PayPal's buyer protection plan and sent the merchandise back, but wanted other potential buyers to beware.

So on the profile of emiller1313, he wrote: "Bad seller; he has the ethics of a used car salesman."

Steadman thought that was the end of it until a process server arrived with a court summons.

It turned out that emiller1313 was a Miami Beach lawyer, and he wanted damages for ruining his 100 percent customer approval rating and "commercial reputation."

"The laws don't work for us. Because I don't have the money to fight them, I'm losing," Steadman said. "It's not right. I'm speechless."

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Celebrities Subpoenaed in Shaver Trial

In its second day of testimony, the trial of Billy Joe Shaver has attracted several big name celebrities to the courtroom.

Reportedly, actor Robert Duvall, best know for his performance in "The Godfather," along with Grammy Award winning country singer Willie Nelson, arrived at the McLennan County Courthouse Thursday morning.

Actor and San Saba native Tommy Lee Jones is rumored to appear Friday.

The first witness called by the defense was Shaver's wife, Wonda. She is expected to continue testifying Friday.

The owner of Pappa Joe Saloon, the scene of the alleged crime, testified about what she saw the night of the incident.

In March 2007, Shaver allegedly shot 53-year-old Billy Coker in the face, injuring his cheek, at Pappa Joe's Saloon in Lorena, about 15 miles south of Waco.

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Process server firm fined, ceases operations

A Brockport process server company has been shut down and ordered to pay $10,000 in fines, state Attorney General Andrew Cuomo announced Wednesday.

We Serve It For You Process Service Agency LLC has agreed to cease operations and cooperate with ongoing investigations, Cuomo’s office said in a statement.

The business and its owners must also pay fees, costs and penalties totaling $10,000, and employee John Coy must surrender his notary public commission, the statement said.

The firm is operated by Coy, Joanne Marie Coy, Theresa Buehler and Wesley Converse, the statement said.

The company repeatedly claimed in legal affidavits that its employees made proper service of legal documents to thousands of consumers when, in fact, it had not, the statement said.

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Human Rights Watch Fights Subpoenas in Genocide Case

Human Rights Watch and a former researcher are fighting subpoenas from a Kansas man accused of participating in genocide in Rwanda, arguing their research notes and informants' identities are protected by the First Amendment and reporters' newsgathering privileges.

The international human-rights organization filed a motion on April 5 seeking to quash subpoenas issued to it and Timothy Longman, the former director of its field office in Rwanda. Longman, now director of Boston University's African Studies Center, is the government's expert witness on Rwanda in the Kansas case.

Lazare Kobagaya, 83, is charged in federal court in Wichita with fraud and unlawfully obtaining U.S. citizenship in 2006. The government has said its prosecution of Kobagaya is believed to be the first in the U.S. involving proof of genocide. His trial is set for Oct. 12. He faces deportation if convicted.

An estimated 500,000 to 800,000 people were killed in ethnic violence in Rwanda between April and July 1994.

The Justice Department alleges in its 2009 indictment that Kobagaya lied during naturalization proceedings in Wichita, claiming he lived in Burundi from 1993 to 1995. It claims he was in Rwanda in 1994 and participated in the slaughter of hundreds of people.

The subpoena issued to Human Rights Watch seeks research done for a 1999 report, "Leave None to Tell the Story: Genocide in Rwanda," including a chapter on Nyakizu, Rwanda, where some of Kobagaya's alleged crimes occurred. The subpoena sent to Longman also seeks any additional material relating to his expert testimony.

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Under Subpoena, Oklahoma Killer Lester Hobbs’ Kin Finally Reveal Past of Threats

In the abduction case of Aja Johnson, where every minute possibly meant the difference between life and death, the relatives of her abductor proved "uncooperative,” investigators said.

Five of Lester Hobbs’ relatives refused to take polygraph tests, said Richard Goss, Oklahoma State Bureau of Investigation agent in charge. Those relatives were forced by subpoena to appear in Comanche County court on March 26 for questioning behind closed doors.

District Attorney Fred Smith and two of his assistants conducted the questioning. Among those questioned was Mildred Anderson of Geronimo — Hobbs’ sister and matriarch of the family, Smith said.

"There was some unusual conduct that raised some red flags for the OSBI, so they requested the polygraphs to clear up a few matters,” Smith said. "They initially agreed to take the polygraph tests, but then failed to show up. Then they refused ... at that point OSBI began to see them as uncooperative.

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Google's Stand for Digital Due Process

In a recent blog post from the Official Google Blog, they outlined their opinion on Digital Due Process. In their post, they explain how the current privacy laws are outdated (they were written in 1986) and that they feel they should be updated to keep up with our new technology. They have created their own collation website, and have stated their intent to meet with, "lawmakers, law enforcement officials and others to help build support for modernizing the law." Below is their short and fun, but extremely informative video.


Read more here.

Media Fight Reporter's Subpoena in Deputy Shooting Case

The attorney general's decision to subpoena Deseret News reporter Pat Reavy in connection with the Jan. 5 shooting death of Millard County Sheriff's Deputy Josie Greathouse Fox is a case of misplaced frustration, according to an attorney seeking to quash the subpoena on behalf of the Deseret News , The Salt Lake Tribune and other news media.

At issue is a Jan. 20 story Reavy wrote after obtaining a search warrant issued to Salt Lake City police in their efforts to locate two suspects in the shooting after they fled Millard County.

Police released the search warrant -- which revealed new information about the man suspected in the shooting, Roberto Miramontes Roman -- after Reavy filed a Government Records Access Management Act request.

Now prosecutors want to question Reavy about "his decision to publish the contents of our sealed search warrant ..." according to a March 17 e-mail from Assistant Utah Attorney General Pat Nolan to media attorney Jeffrey Hunt.

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20 Doctors Subpoenaed in Corey Haim Death Probe

The Los Angeles County coroner's office has subpoenaed medical records from 20 doctors in its investigation into actor Corey Haim's death, a coroner investigator said.

Haim, who died earlier this month, obtained drugs using prescriptions written under the names of these doctors in the past year, Los Angeles County Deputy Coroner Ed Winter told CNN Friday.

California drug investigators found evidence that Haim, who fought a decades-long battle with drug abuse, used at least one fake prescription to obtain a narcotic in the months before he died, Attorney General Jerry Brown said last week.

The coroner is waiting for toxicology results before deciding if drugs were involved in the death of the 1980s teen movie actor, Winter said. Those test results are several weeks away, Winter said.

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Subpoenas possible in Analysis of Pittsburgh Snowstorm Response

A Pittsburgh councilwoman said Wednesday she may try to subpoena some city officials to discuss the cleanup of last month's snowstorms.

Councilwoman Natalia Rudiak is awaiting responses from Public Safety Director Michael Huss, Fire Chief Darryl Jones and Ray DeMichiei, deputy director of emergency management, about attending one-on-one meetings with the task force she oversees to review the snow cleanup. EMS Chief Robert McCaughan has declined his invitation to meet with the task force, Rudiak said.

"I was told that Huss directed them not to attend," said Rudiak, who represents Beechview, Bon Air, Brookline Carrick and Overbrook. "It's frustrating. ... The point is not to play to the blame game, be overtly political, or have a witch hunt."

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NYC Council to Update Process Servering Laws, Reduces "Sewer Service"

NEW YORK (WABC) -- Ulrick Chatelain, 74, of Washington Heights says all of his bank accounts were frozen, but he didn't know why. Turns out, a former landlord had sued him and won a judgment in civil court.Problem was Chatelain was never notified about the lawsuit.

New York City Council will vote on legislation on Thursday to stop so-called "sewer service" -- the deliberate failure by process servers to notify a person about a pending lawsuit.Among the new regulations, process servers will now be required to pass an exam for proper service.

Servers will also be required to use an electronic tracking device such as GPS to prove when and where a person was notified.

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The Electronic Turn in Criminal Subpoenas

Companies served with a criminal subpoena often face a challenging dilemma. With hundreds of gigabytes, or even a few terabytes, of electronically stored information on their servers and employees' hard drives, how do they ensure an adequate response to the subpoena without their electronic discovery costs spiraling out of control?

In the civil context, parties are encouraged to meet, confer, and cooperate in the selection of key words or other search methodologies. In a criminal investigation, however, no parallel system exists.

Strict compliance with a subpoena seeking ESI may be extraordinarily burdensome and unreasonable both in time and expense. While a subpoenaed company may correctly believe that conducting highly targeted searches would result in its producing documents directly relevant to the government's investigation, the company is often at risk as to whether the protocols it employs may later be deemed by a prosecutor or regulator to be insufficient. The consequences could range from a motion to compel compliance with the subpoena to actual charges of obstruction of justice.

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13 Attorneys General Sue Over Health Care Overhaul

TALLAHASSEE, Fla. — Attorneys general from 13 states sued the federal government Tuesday, claiming the landmark health care overhaul bill is unconstitutional just seven minutes after President Barack Obama signed it into law.

The lawsuit was filed in Pensacola after the Democratic president signed the bill the House passed Sunday night.

"The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage," the lawsuit says.

Legal experts say it has little chance of succeeding because, under the Constitution, federal laws trump state laws.

Florida Attorney General Bill McCollum is taking the lead and is joined by attorneys general from South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Idaho, Washington, Colorado and Louisiana. All are Republicans except James "Buddy" Caldwell of Louisiana, who is a Democrat.

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