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Class-Action Lawsuit Has Local Roots
Legal Spotlight | 2010/07/13 09:22

To identify the source of a class-action lawsuit involving thousands of alleged victims and defendants representing virtually the entire egg industry in America, look no further than a Main Street restaurant in Falconer.

According to local attorney Arthur Bailey, the case began with a cup of coffee at T.K. Ribbing's in the spring of 2008.

"I am the beginning of it," said Bailey, who listened to owner Steve Ribbing as he voiced his frustration over the price of eggs. He told Bailey that he could purchase large quantities at the local grocery store cheaper than he was currently getting them from his wholesaler.

Bailey, whose experience lies with fraud, malpractice claims and class actions, agreed the situation was "economically backward."

He said Ribbing's complaint was quickly referred to James Pizzirusso, a partner with the Hausfeld LLP firm, and a lawsuit was filed in a federal district court in September 2008.

With media attention beginning to focus on soaring prices, the Justice Department declared its intention to investigate the egg industry. Within a month of Ribbing's orignal lawsuit it appointed a team of lawyers from Hausfeld to begin a class-action suit.

Bailey, who is not currently among the lead counsel, said he enjoys a working relationship with Hausfeld that has lasted three decades. He said he provides a service for the firm by scouting potential cases. His son, Arthur Bailey Jr. serves as an associate attorney for the firm's San Francisco office.



'Die Hard' director pleads guilty in wiretap case
Court Watch | 2010/07/13 09:19

"Die Hard" director John McTiernan pleaded guilty Monday to lying to FBI agents and a judge during the investigation of Hollywood private investigator Anthony Pellicano in a wiretapping case.

McTiernan, 59, entered his plea to two counts of making false statements to the FBI and one count of perjury for lying to a federal judge while trying to withdraw a guilty plea. He could face up to a year in prison.

Attorney S. Todd Neal, who represents McTiernan, said the plea will allow his client to appeal certain pretrial rulings made by a federal judge.

"We continue to believe that the charges against him were developed in an unfair way," Neal said. "The FBI should not be in the business of ambushing citizens with surprise phone calls in which they ask 'questions' for which they already know the answers."

McTiernan previously pleaded guilty to lying to federal agents in 2006 about the investigation of Pellicano. The director later withdrew that plea, arguing he didn't have adequate legal representation.

Pellicano was convicted in 2008 of wiretapping film producer Charles Roven for McTiernan and of bugging the phones of celebrities and others to get information for clients.



Gov't hopes new drilling moratorium can survive
Breaking Legal News | 2010/07/13 09:18

Rebuffed twice by the courts, the Obama administration is taking another crack at a moratorium on deep-water drilling, stressing new evidence of safety concerns and no longer basing the moratorium on water depth. But those who challenge the latest ban question whether it complies with a judge's ruling tossing out the first one.

The new order does not appear to deviate much from the original moratorium, as it still targets deep-water drilling operators but defines them in a different way.

Last week, a federal appeals court rejected the government's effort to restore its initial offshore deep-water drilling moratorium, which was issued following the catastrophic Gulf oil spill in April. The moratorium was first blocked last month by U.S. District Judge Martin Feldman.

The Justice Department said Monday it will file a motion with the U.S. District Court seeking a dismissal of that case, because the old moratorium is no longer operative, making the challenge moot. The department also will ask the appeals court to set aside Feldman's order of last month.

Carl Rosenblum, a lawyer for the plaintiffs who sued to block the moratorium, said they are reviewing the new moratorium and "we have substantial concerns about its consistency with Judge Feldman's order." He wouldn't elaborate or say if they planned to challenge it in court.

Interior Secretary Ken Salazar said he decided to put in place a new moratorium because of "evidence that grows every day of the industry's inability in the deep water to contain a catastrophic blowout, respond to an oil spill and to operate safely."



Colo. school shooting suspect pleads not guilty
Criminal Law | 2010/07/13 04:19

A man accused of shooting and wounding two eighth-graders outside their middle school pleaded not guilty Monday by reason of insanity.

Bruco Strong Eagle Eastwood, 32, entered his plea in Jefferson County District Court, and was ordered to undergo a mental evaluation at the state Mental Health Institute in Pueblo. The evaluation would take at least 45 days.

Eastwood faces 15 charges, including attempted first-degree murder in the Feb. 23 shootings outside Deer Creek Middle School in south suburban Denver. Teachers tackled and restrained Eastwood until deputies arrived.

He faces decades in prison if convicted of the charges or an indefinite amount of time in a mental health institute if found not guilty by reason of insanity.

Before Eastwood accepted the plea, District Judge Christopher Munch told him that "commitment could be the rest of your life." Eastwood nodded that he understood.

Prosecutors are seeking access to observations of Eastwood's actions in jail and conversations between Eastwood and a psychologist made on a jail phone.

Chief Deputy District Attorney Steve Jensen said during Monday's court hearing that because Eastwood is making his mental health an issue in the case, Eastwood's private medical records are no longer private.



Court: Insurance rates can reflect credit scores
Insurance | 2010/07/12 09:28

Insurance companies can use a person's credit report to determine rates, the Michigan Supreme Court said Thursday in declaring that state regulators exceeded their authority when they banned the practice as discriminatory.

The decision ends a legal battle between insurance companies and Gov. Jennifer Granholm's administration that has reached three courts since 2005.

The industry says people with strong credit reports make fewer claims and deserve lower rates than people with weak credit reports. The Supreme Court, in a 4-3 ruling, said Michigan law allows companies to offer people with good credit lower rates.

"It is difficult to see how offering discounts to some insureds on the basis of good insurance scores is inconsistent with the (law's) general purpose of availability and affordability of insurance for all consumers," Justice Maura Corrigan wrote in the majority opinion.



Self Representation Hurting Individual Cases
Legal Spotlight | 2010/07/12 09:27

In a survey released today by the American Bar Association, judges indicated that a lack of representation in civil matters is hurting those individuals’ cases, and is negatively impacting courtrooms.

Approximately 1,000 state trial judges responded to the survey, which posed questions about their dockets, self-representation and the impact on the courts.  More than half of the judges stated that their dockets increased in 2009, with the most common areas of increase involving foreclosures, domestic relations, consumer issues such as debt, and non-foreclosure housing issues such as rental disputes. 

Sixty percent of judges said that fewer parties are being represented by lawyers, with 62 percent saying that parties are negatively impacted by not being represented.  The impact is exemplified, through a failure to present necessary evidence (94 percent), procedural errors (89 percent), ineffective witness examination (85 percent), failure to properly object to evidence (81 percent) and ineffective argument (77 percent).

The ABA has a resource page on its website that can help individuals find legal assistance — www.findlegalhelp.org.  

During a time when state budgets are constrained, agencies as well as courts are being asked to become more efficient.  However, the increase in non-represented parties makes this more difficult for courts.  The lack of representation has a negative impact on the court, said 78 percent of the judges, and 90 percent of judges stated that court procedures are slowed when parties are not represented.

Nearly half of the judges responding believe that there is a middle-class gap with respect to access to justice, stating that the number of people who are not represented and who do not qualify for aid has increased.

Lamm announced the findings during a news conference earlier today at the National Press Club in Washington, D.C. 

The survey of judges on the impact of the economic downturn on representation in the courts was conducted for the ABA Coalition for Justice.  Respondents came from around the country.



Judicial Vacancies Slow the Wheels of Justice
Legal Business | 2010/07/12 09:26

As the Senate prepares to vote on whether Elena Kagan should fill the vacancy on the U.S. Supreme Court, there remain a substantial number of other vacancies in the nation’s lower federal courts that urgently need filling.

Currently, there are about 100 vacancies in the lower federal courts. The American Bar Association says the lack of judges is affecting the efficiency and fairness of the justice system.

ABA President Carolyn B. Lamm said, “Our courts are already terribly strained at the federal level because of the caseload and the workload, and when you’re a hundred justices down…that’s a big gap.  We have speedy trial rules that require them to put criminal cases first.  As a result, all of the civil proceedings are put off and there is a real gap in terms of a significant delay as a result of the vacancies. It is edging toward a crisis not to have a full bench.”

Even if all the vacancies were filled, said Lamm, a significant number of new judgeships would still be necessary to handle caseload growth.  In fact, the Judicial Conference of the United States is recommending 67 new permanent and temporary judgeships. 

Beyond the existing 100 vacancies, more than 20 additional judges have announced that they will retire in the next several months. Since the start of the 111th Congress, President Obama has made 78 nominations to fill the empty seats, and the Senate has confirmed 36 of the nominees.  

Lamm noted that most nominees have moved through the Senate with little dissent and little delay.

When they finally are scheduled for a vote by the Senate, Lamm commented, “None of them have in fact engendered huge debate on the floor of the Senate….  No one has seen a pattern of inappropriate people being nominated; it is simply very slow and it really needs a full bipartisan effort to move these nominations. And quite frankly, it is becoming urgent,” said Lamm.



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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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