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Gonzales aide testifies about firings
Law Center | 2007/03/29 09:13

Eight federal prosecutors were fired last year because they did not sufficiently support President Bush's priorities, Attorney General Alberto Gonzales' former chief of staff said today, a standard that Democrats called "highly improper."

"The distinction between 'political' and 'performance-related' reasons for removing a United States attorney is, in my view, largely artificial," Kyle Sampson told the Senate Judiciary Committee.

"A U.S. attorney who is unsuccessful from a political perspective ... is unsuccessful."

Democrats on the panel immediately rejected the concept of mixing politics with federal law enforcement. They accusing the Bush administration of cronyism and trying to circumvent the Senate confirmation process by installing favored GOP allies in plum jobs as U.S. attorneys.

"It corrodes the public's trust in our system of Justice. It's wrong," said Judiciary Committee Chairman Patrick Leahy. "When anybody tries a backdoor way to get around the Senate's constitutional duty and obligation of advise and consent, it does not sit well."

After being sworn, Sampson, who quit earlier this month amid the furor, disputed Democratic charges that the firings were a purge by intimidation and a warning to the remaining prosecutors to fall in line. Nor, he said, were the prosecutors dismissed to interfere with corruption investigations.

"To my knowledge, nothing of the sort occurred here," Sampson told the committee.



L.A. Residents Sue Menu Foods After Pet Illnesses
Class Action | 2007/03/29 09:11

Two Los Angeles residents have filed a lawsuit against Menu Foods of Ontario, Canada, alleging the cat food company is to blame for their cats' recent health problems, according to court papers. The lawsuit, which seeks class action status, is asking for unspecified damages.

Kaye Steinsapir said she thought she was feeding her cat, Lila, one of the healthiest, most nutritious cat foods available.

"Lila was a healthy, vibrant cat without any medical conditions," said the lawsuit filed Tuesday in Los Angeles Superior Court. But in recent weeks, Lila began vomiting, drinking an excessive amount of water and was eventually diagnosed with acute kidney failure, the lawsuit said.

Complete list of recalled brands of pet food.

Gregory Helmer, a Los Angeles attorney retained by Steinsapir and Lois Grady of Sacramento, Calif., who alleges her cat, Riley, also became ill after eating tainted cat food, filed the lawsuit "on behalf of themselves and all others similarly situated."

Menu Foods recalled on March 16 several brands of dog and cat food products nationwide. Scientists at the New York State Food Laboratory last week identified the rodent poison aminopterin as the likely culprit in a scare that prompted the recall of 95 brands of "cuts and gravy" style dog and cat food by Menu Foods of Ontario, Canada.



Mental health center to repay $556687
Court Watch | 2007/03/29 05:06

A nonprofit provider of mental health services paid nearly $557,000 to settle allegations of improper billing to government health programs, the state attorney general's office said yesterday.

Tri-City Mental Health Center began reviewing employee complaints about irregularities in its government claims practices in 2003, and the nonprofit's board ordered an outside audit, Massachusetts Attorney General Martha Coakley said.

Tri-City reported the improper billing to the government in late 2004, and was never charged.

State and federal investigators found Tri-City Mental Health billed the state Medicaid program and the state Department of Mental Health for psychiatric services that were never provided or couldn't be documented.

The improper billing occurred for more than two years, starting in Sept. 2001 at a center in Malden.

At least one manager at the Malden office was fired as a result of Tri-City's internal investigation, Coakley said.

Ellen Dalton, a manager at Tri-City, said the improperly received government payments were used to fund the nonprofit's operations, not for any personal use by its nearly 500 employees.

Dalton said Tri-City set aside cash from recent years' operations, and has paid the $556,687 settlement total in full.

"The agency is ready to move forward, and no services will be disrupted," she said.

The nonprofit, which began operations in the 1960s, runs mental health centers in the neighboring communities of Malden, Medford, and Everett.

The settlement total equals the amount of money that investigators found had been improperly billed, plus interest, according to Dalton.

Under the settlement, Tri-City agreed to ensure future compliance with rules governing Medicare reimbursement.

The settlement relieves Tri-City and its board of any civil or administrative liability.

Coakley said Tri-City "has cooperated fully with the investigation."



Intel said IRS settlement to reduce tax burden
Tax | 2007/03/29 03:05

Chipmaker Intel Corp. said on Thursday it will set aside $275 million less than it had planned for taxes as a result of a settlement with the U.S. Internal Revenue Service, and says its 2007 tax rate will be lower than expected.

The IRS told Intel on Tuesday it closed its examination of the chipmaker's tax returns for the years 1999 to 2002, resolving several issues, including the tax benefit for export sales. The two sides also agreed on the tax benefit for export sales for the years 2003 through 2005.

In connection with the settlement, the company expects to reverse previously accrued taxes, which will reduce the current quarter's tax provision and reduce the income tax rate for 2007 below the previous forecast of about 30 percent.

In February, Intel said it would appeal an IRS tax adjustment related to export sales that could increase its tax due by $2.4 billion from 1999 through 2006.

Intel has been contesting the issue since August 2003 when the IRS first gave it notice of the adjustment.



State Farm Reaches Settlement In Katrina Lawsuits
Insurance | 2007/03/29 03:02

State Farm Fire and Casualty Company has reached another settlement with a Mississippi Gulf Coast couple who sued the Bloomington-based insurer over damage to their home from Hurricane Katrina. State Farm spokesman Phil Supple says the settlement with Virginia and John Roper Senior was reached yesterday.

But he has no other details and terms weren't disclosed. Trial in the lawsuit was to begin April ninth. The Ropers sued when State Farm denied their claim after Hurricane Katrina reduced their Ocean Springs home to a slab in August 2005.

The couple sought more than $75-thousand in actual damages and an unspecified amount in punitive damages.



Poland protesters urge complete abortion ban
International | 2007/03/29 01:00

Thousands of Polish citizens marched in Warsaw on Wednesday in support of a proposed constitutional amendment to enact a complete ban on abortion. The opposition Civic Platform party is expected to block passage of the amendment when it comes to a vote in April. Poland's current 1993 abortion law is considered among the strictest in Europe, allowing abortions only if the pregnancy threatens the life or health of the mother; if a fetus has a potentially life-threatening condition; or if the pregnancy is the product of a crime, which is only permitted during the first 12 weeks of pregnancy. A two-thirds majority is needed to amend the Polish constitution.

Last year, a Polish woman challenged the abortion law before the European Court of Human Rights (ECHR) as violating her privacy rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The ECHR decided in her favor last week, but the ruling will not affect the Polish law.



Competition Policy and IP (Intellectual Property)
Legal Spotlight | 2007/03/28 22:43

While response to last week's federal budget unsurprisingly focused on new spending, it also included a commitment to create an expert independent panel to conduct a review of Canadian competition policy.  Given that the Minister of Industry envisions a broad mandate to "review anything under the federal umbrella that affects competition within the Canadian economy", intellectual property ought to form a part of that review.  I've written about the intersection between anti-circumvention legislation and competition policy, while others have expressed concern about competition and copyright, patents, and trademarks.  The media may focus on foreign investment restrictions, but Canadians might be better served by analysis of an IP regime that supports innovation and competition by paying close attention to striking the right balance.  As Supreme Court Justice Binnie reminded us when discussing the copyright balance in the Theberge decision:

The proper balance among these and other public policy objectives lies not only in recognizing the creator's rights but in giving due weight to their limited nature. In crassly economic terms it would be as inefficient to overcompensate artists and authors for the right of reproduction as it would be self-defeating to undercompensate them.

http://www.michaelgeist.ca



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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