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Utah gold, silver refiner charged with violating CWA
Breaking Legal News | 2006/12/14 07:43

USDOJ - The Justice Department announced today that a superseding indictment was returned by federal grand jury in Salt Lake City, Utah, charging the parent company of gold and silver refiner Johnson Matthey Inc. with conspiracy to violate the Clean Water Act (CWA). The UK-based corporate parent, Johnson Matthey PLC is a diversified multi-national specialty chemicals producer.

On Mar. 22, 2006, Johnson Matthey Inc. and two senior company managers were charged in a 29-count indictment with conspiracy, concealment by trick, scheme and device, and violations of the CWA. Specifically, the defendants conspired to conceal the high level of pollutants they discharged by cheating on required tests and submitting false information about the amount of selenium released into wastewater. Today’s superseding indictment alleges that the parent company played a role in conspiring to conceal the release of the contaminated wastewater into the sewers.

The conspiracy charge carries a maximum fine of $500,000 for the corporate defendants. Charges in an indictment are merely accusations, and defendants are presumed innocent unless and until proven guilty in federal court.

The case is being prosecuted by Assistant U.S. Attorneys Richard Lambert and Jared Bennett and Special Assistant U.S. Attorney Aunnie Steward for the District of Utah, and Richard Poole, Trial Attorney in the Environmental Crimes Section of the Department of Justice in Washington.



DOJ Settles Disability Discrimination Case
Breaking Legal News | 2006/12/13 09:51

The Village of South Elgin, Ill., has agreed to settle allegations that it violated the Fair Housing Act by refusing a permit to allow Unity House Inc. to operate a home for seven residents recovering from addictions to drugs and alcohol, the Justice Department announced today.

Under the settlement, which must still be approved by the United States District Court in Chicago, the village must allow Unity House to operate with up to seven residents recovering from drug or alcohol addiction. The settlement also requires the village to pay a total of $25,000 in damages to Unity House, $7,500 each to two residents who were not able to live in the home when the permit was denied, and $15,000 to the United States as a civil penalty. The settlement also requires relevant village officials and employees to receive training on the Fair Housing Act and requires the village to keep and maintain records for the next three years relating to other zoning and land use requests regarding homes for persons with disabilities.

“We are pleased that an amicable settlement was reached in this case,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “All persons with disabilities deserve the right to be protected by federal civil rights laws.”

“This settlement should send a message to other communities that no municipality, driven by neighborhood opposition, can prohibit persons recovering from addictions from enjoying the benefits of living in the safe and supportive environment of a group home,” said Patrick J. Fitzgerald, U.S. Attorney for the Northern District of Illinois.

Unity House is a group home for persons recovering from alcohol or drug dependency. Under the Fair Housing Act, persons recovering from drug or alcohol addiction are protected from discrimination in housing because they are recovering from addiction. Persons who are currently using illegal drugs, however, are not protected by the disability provisions of the Fair Housing Act.

Fighting illegal housing discrimination is a top priority of the Justice Department. In February, Attorney General Alberto R. Gonzales announced Operation Home Sweet Home, a concentrated initiative to expose and eliminate housing discrimination in America. This initiative was inspired by the plight of displaced victims of Hurricane Katrina who were suddenly forced to find new places to live. Operation Home Sweet Home, however, is not limited to the areas hit by Hurricane Katrina, but targets housing discrimination all over the country.

More information about Operation Home Sweet Home is available at the Justice Department Web site, . Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line (1-800-896-7793), contact the Department of Housing and Urban Development at 1-800-669-9777, or email the Justice Department at fairhousing@usdoj.gov

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Since Jan. 1, 2001, the Justice Department's Civil Rights Division has filed 215 cases to enforce the Fair Housing Act, 97 of which have alleged discrimination based on disability. More information about the Civil Rights Division and the laws it enforces is available at .



Former Enron CEO reporting to prison
Court Watch | 2006/12/13 09:27

Former Enron CEO Jeffrey Skilling is expected to report to a minimum security federal prison in Waseca, Minnesota to begin a 24-year sentence for fraud, conspiracy and insider trading after a three-judge panel of the US Fifth Circuit Court of Appeals ruled late Tuesday against his application for bail pending appeal of his sentence. Skilling had earlier been allowed to postpone his prison date while the bail application was considered. Judge Patrick Higginbotham wrote for the court: Our review has disclosed serious frailties in Skilling's conviction..., difficulties brought by a decision of this court handed down after the jury's verdict, as well as less formidable questions regarding the giving of jury instruction on deliberate ignorance. Yet Skilling raises no substantial question that is likely to result in the reversal of his convictions on all the charged counts. We are not then persuaded that any resulting sentence will likely exceed the expected duration of his appeal.



Overriding of gun-bill veto kills local laws
Court Watch | 2006/12/13 09:25

The Ohio Senate voted Tuesday to override outgoing Gov. Bob Taft's veto of a bill that will wipe out local gun laws, marking the first time in 29 years the legislature has rejected a gubernatorial veto.

Members of the Ohio Senate voted 21-12 Tuesday to override outgoing Ohio Governor Robert Taft's veto of a revised concealed-carry gun law that Taft claimed would preempt local gun-related legislation in some 80 Ohio communities. The House approved an override last week, making this the first time since 1977 that the Ohio legislature has successfully overcome a veto by the state's chief executive.

In his veto message last week, Taft noted that the new legislation would effectively replace several stricter local legal regimes, including assault weapons bans in Cincinnati, Cleveland, Columbus, Dayton and Toledo, and emphasized the importance of allowing local communities to make laws appropriate to their own challenges and circumstances. Supporters of the new legislation have emphasized the importance of statewide legal uniformity.

A majority of respondents to an Ohio survey said overriding local gun laws was a bad idea, according to a poll released Tuesday by the Hamden, Conn.-Quinnipiac University Polling Institute.

The vote was the first override by the legislature since lawmakers rejected a veto by Gov. James Rhodes of an election revision bill in 1977.

"The governor strongly believes his veto was the right thing to do and that our cities should have the ability to protect their citizens through reasonable firearms regulation," said Taft spokesman Mark Rickel.

The Ohio Coalition Against Gun Violence, which opposes concealed carry, accused lawmakers of giving in to the powerful and politically generous National Rifle Association.

"The passage of HB 347 and the override of Gov. Taft's veto is an appalling arrogance against the will of and respect for the people of Ohio to govern themselves," coalition Executive Director Toby Hoover said in a statement.



ICTR convicts Rwandan Catholic priest of genocide
International | 2006/12/13 09:18

The International Criminal Tribunal for Rwanda Wednesday convicted a Roman Catholic priest for committing genocide and extermination during the mass killings of Tutsis and moderate Hutus that swept the central African nation in 1994. Father Athanase Seromba was acquitted of less charges of complicity and incitement, but was nonetheless sentenced to 15 years in prison. Seromba, a Hutu, was in charge of a parish church where some 2000 Tutsis sought refuge from rampaging Hutus; the prosecution claimed that he ordered the bulldozing of the church and the shooting of all those who tried to escape. His lawyers argued in his defense that he was powerless to stop the carnage, in which all the sanctuary-seekers died.

Seromba is the first priest convicted by the ICTR, which sits in Arusha in neighboring Tanzania. Last month, a Rwandan military court convicted another Catholic priest, Father Wenceslas Munyeshyaka, to life in prison. Munyeshyaka has lived in exile in France since 1995. Before the genocide some 60% of Rwandans were Catholic, but many have since converted to Islam.



Judge rules US currency discriminates against blind
Court Watch | 2006/12/13 08:49

The US Department of Justice filed an appeal Tuesday against a November 28 ruling  by US District Judge James Robertson declaring that "the Treasury Department’s failure to design and issue paper currency that is readily distinguishable to blind and visually impaired individuals violates section 504 of the Rehabilitation Act." Section 504 provides that no disabled person shall be "subjected to discrimination . . . under any program or activity conducted by any Executive agency."

Government lawyers argued in court papers that printing readily distinguishable bill denominations at the urging of the American Council of the Blind would put undue burdens on the vending machine industry and would impose significant costs on the US Bureau of Engraving and Printing, which produces American paper money. The government also argued that blind persons could already use personal readers to distinguish bills or opt to make payments by credit card instead.

The United States is the only nation of some 180 using paper currency that produces undifferentiated same-size same-color bills in all denominations. Approximately 1.3 million Americans are legally blind.



"Girls Gone Wild" Sentenced to Pay $1.6 Million
Legal Business | 2006/12/13 04:49
Mantra Films, Inc., a Santa Monica, Calif. company operating as Girls Gone Wild, was sentenced today to pay $1.6 million in criminal fines for failing to create and maintain age and identity records for films it produced, Assistant Attorney General Alice S. Fisher of the Criminal Division, and U.S. Attorney Gregory Miller for the Northern District of Florida announced today.

The sentence was imposed today by U.S. District Judge Richard Smoak at the federal court in Panama City, Fla.

Mantra pleaded guilty on Sept. 12, 2006 to three counts of failing to keep the required records and seven labeling violations in connection with Mantra's production of Girls Gone Wild films containing depictions of sexually explicit conduct. Each count refers to a different film produced or distributed by Mantra. Mantra admitted that it failed to create and maintain age and identity documents for performers in sexually explicit films produced and distributed by Girls Gone Wild and failed to label their DVDs and videotapes, as required by federal law.

Joseph Francis, founder and CEO of both Mantra Films and MRA Holdings, LLC, pleaded guilty to similar offenses in U.S. District Court in Los Angeles and is scheduled to be sentenced on Jan. 22, 2007. MRA also entered into an agreement that defers prosecution of criminal charges against the company for three years, if MRA abides by an agreement with the government. The package agreement with Mantra, MRA and Francis includes a public acknowledgment of criminal wrongdoing, a pledge of cooperation with the government in future investigations, full compliance with the record keeping laws, and payment of a total of $2.1 million in fines and restitution.

The charges in this case are the first to be filed under a law passed by Congress to prevent the sexual exploitation of children. The law protects against the use of minors in the production of pornography by requiring producers to create and maintain age and identity records for every performer in sexually explicit movies and other media. Producers and distributors must then label their products with the name of the custodian of the records and their location.

Girls Gone Wild has admitted to hiring performers, and producing and distributing sexually explicit video materials during 2002 and part of 2003 while systematically violating the record keeping and labeling laws. The companies also admitted that in at least two instances in 2002 in Panama City they filmed minors in sexually explicit scenes that were included in two commercially released DVDs.

The cases are being prosecuted by Trial Attorney Sheila Phillips of the Obscenity Prosecution Task Force of the U.S. Department of Justice, U.S. Attorney Gregory Miller, and Assistant U.S. Attorney Dixie Morrow of the Northern District of Florida. The Justice Department's Obscenity Prosecution Task Force was formed to focus on the prosecution of adult obscenity nationwide. The Task Force is directed by Brent D. Ward. Investigation of the cases was conducted by Special Agent Denise Conrad of the Adult Obscenity Squad of the Federal Bureau of Investigation, which is based in Washington, D.C.



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