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Not guilty pleas entered in Lake Coeur d'Alene boat crash
Legal Business | 2017/09/01 14:53
A former Spokane advertising executive has pleaded not guilty to charges related to a boat crash on Lake Coeur d'Alene, Idaho, that killed three people last year.

The Spokesman-Review reports that Dennis Magner entered his pleas Friday to charges of involuntary manslaughter and criminal conspiracy.

The crash on July 30, 2016 killed 34-year-old Justin Luhr and two 21-year-old passengers, Justin Honken and Caitlin Breeze.

The three victims were struck as they sat in Luhr's anchored boat. It took several days for divers to recover their bodies.

In addition to Magner, the grand jury charged Jonathan Sweat of Spokane with criminal conspiracy based on false statements he made to investigators.

Sweat was a passenger on Magner's boat at the time of the crash.

The crash occurred when Magner's Mastercraft struck and went airborne over the top of Luhr's boat. The collision ripped the top off the cabin.


Israeli protesters erect golden statue of High Court chief
Court Watch | 2017/09/01 00:15
Jerusalem residents woke to discover a surprising spectacle outside the country's Supreme Court — a golden statue of the court's president put up in protest by members of a religious nationalist group.

Police quickly removed the statue of Miram Naor, raised outside the court overnight, but after questioning some suspects, said no criminal activity had occurred.

Derech Chaim, which wants to impose Jewish religious law in Israel, said it had put up the statue to protest what one activist called the court's "dictatorship." Many Israeli hardliners consider the court to be excessively liberal and interventionist.

Ariel Gruner, a Derech Chaim activist, said the statue was erected in response to a court ruling this week over the country's treatment of African migrants. The ruling said that while Israel can transfer migrants to a third country, it cannot incarcerate them for more than 60 days to pressure them to leave.

The ruling is among a series of decisions that "eliminates the possibility of elected officials, of the government, to make decisions and rule," Gruner said.

He acknowledged that the statue had been inspired by a golden statue of Prime Minister Benjamin Netanyahu erected by a left-wing artist in a main Tel Aviv square last year.



Court: Cherokee Freedmen have right to tribal citizenship
Breaking Legal News | 2017/09/01 00:15
Descendants of black slaves, known as freedmen, who were once owned by members of the Cherokee Nation have a right to tribal citizenship under a ruling handed down by a federal court in Washington, D.C.

U.S. District Judge Thomas Hogan ruled Wednesday in a long-standing dispute between the Cherokee Freedmen and the second largest tribe in the United States.

Freedmen have long argued that the Treaty of 1866, signed between the U.S. government and the Tahlequah, Oklahoma-based Cherokees, gave them and their descendants "all the rights of native Cherokees." There are around 3,000 freedmen descendants today.

But Cherokee leaders have argued the tribe has the fundamental right to determine its citizens, and in 2007 more than three-fourths of Cherokee voters approved an amendment to remove the Freedmen from tribal rolls.



S. Korean court says worker's rare disease linked to Samsung
Criminal Law | 2017/08/31 00:15
South Korea's Supreme Court said a former worker in a Samsung LCD factory who was diagnosed with multiple sclerosis should be recognized as having an occupationally caused disease, overturning lower court verdicts that held a lack of evidence against the worker.

In a milestone decision that could aid other sickened tech workers struggling to prove the origin of their diseases, the Supreme Court ruled there was a significant link between Lee Hee-jin's disease and workplace hazards and her working conditions.

Lower courts had denied her claim, partly because no records of her workplace conditions were publicly available. The Labor Ministry and Samsung refused to disclose them when a lower court requested the information, citing trade secrets.

In its ruling Tuesday, the court said the lack of evidence, resulting from Samsung's refusal to provide the information and an inadequate investigation by the government, should not be held against the sickened worker.

Instead, it said, such special circumstances should be considered in favor of the worker.

Lee, 33, began to work at a Samsung LCD factory in Cheonan, south of Seoul, in 2002 when she was a high school senior. She evaluated nearly one hundred display panels per hour on a conveyor belt, looking for defective panels and wiping them with isopropyl alcohol. She worked next to assembly lines that used other chemicals.

Three years after she joined Samsung Electronics, she first reported the symptoms of multiple sclerosis, a rare disease that affects the central nervous system. The average age of reporting multiple sclerosis in South Korea is 38. She left Samsung in 2007.

Lee first filed a claim in 2010 with a government agency, which denied her request for compensation. She took her case to the courts and lost twice before Tuesday's victory.



Dispute over rights to Tom Clancy's Jack Ryan goes to court
Insurance | 2017/08/30 00:15
Tom Clancy's widow wants a court to rule that the author's estate is the exclusive owner of the rights to his famous character Jack Ryan.

News media outlets report that Alexandra Clancy's lawsuit says that the author's estate should be the sole beneficiary of any posthumous books featuring the character who was first introduced in "The Hunt for Red October."

Alexandra Clancy is suing the personal representative of Clancy's estate, J.W. Thompson Webb, for allowing other entities to profit from posthumous book revenues. Clancy's first wife, Wanda King, is a partial owner of those other entities.

The lawsuit says: "Tom Clancy made Jack Ryan; and in a sense, Jack Ryan made Tom Clancy."

The lawsuit was filed in the Circuit Court in Baltimore. Tom Clancy died in 2013.



Otter appoints new justice to Idaho Supreme Court
Law Center | 2017/08/28 00:16
Idaho Gov. C.L. "Butch" Otter has appointed Twin Falls judge Richard Bevan to the state's highest court.

Otter announced Tuesday that Bevan — currently the 5th Judicial District's administrative judge — will replace retiring Idaho Supreme Court Justice Daniel Eismann. Bevan was among four other finalists vying for the open seat. Eismann will retire at the end of the month.

Bevan has been a judge since 2003, where he helped establish the 5th District's mental health court and presided over the Veterans Treatment Court. Previously, he was a private practice attorney and served a term as Twin Falls County prosecuting attorney.

Otter praised Bevan's judicial demeanor and understanding of the legal system, adding that Bevan has shown to have open mind on tough, socially significant issues.


South Korean court sentences Samsung heir to 5 years prison
Criminal Law | 2017/08/25 00:16
A South Korean court sentenced the billionaire chief of Samsung to five years in prison for crimes that helped topple the country’s president, a stunning downfall that could freeze up decision making at a global electronics powerhouse long run like a monarchy.

The Seoul Central District Court said Friday that Lee Jae-yong, 49, was guilty of offering bribes to Park Geun-hye when she was South Korea’s president, and to Park’s close friend, to get government support for efforts to cement his control over the Samsung empire. The revelations that led to Lee’s arrest in February fed public outrage which contributed to Park’s removal.

A panel of three judges also found Lee guilty of embezzling Samsung funds, hiding assets overseas, concealing profit from criminal acts and perjury. Prosecutors had sought a 12-year prison term.

The court said Lee and Samsung executives who advised him caused “a big negative effect” to South Korean society and its economy.

“The essence of the case is unethical collusion between political power and capital,” the court said in a statement. It led the public to fundamentally question the public nature of the president’s work and to have “mistrust in the morality of the Samsung group,” it said.

The families who control South Korea’s big conglomerates, known as chaebol, were lionized a generation ago for helping to turn South Korea into a manufacturing powerhouse put public tolerance for double standards that put them above the law has been rapidly diminishing.

Analysts said the verdict will not immediately have an impact on Samsung’s business operations, which are overseen by three chief executives. The company has successfully weathered past crises that include two recalls of Galaxy Note 7 smartphones prone to catch fire and Lee’s arrest. It is set to report its highest-ever earnings this year.

But long-term business decisions, such as finding future growth areas and identifying companies for acquisitions, may have to be put on hold.



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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 designs and help you redesign your existing law firm site to secure your place in the internet.
 
 
 
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