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Court weighs municipal bonds' purpose
Law Center | 2007/11/06 02:01
In a case that could revolutionize the country's $2.5 trillion municipal bond market, the U.S. Supreme Court wrestled on Monday with whether a municipal bond is mainly a commodity or a means of financing unique public services that only state and local governments can provide.

In the Department of Revenue of Kentucky vs. Davis, the court must decide if Kentucky can give tax breaks on interest from municipal bonds sold within its borders, while taxing interest earned on bonds sold in other states.

Justice David Souter disagreed with a characterization by Eric Brunstad, a lawyer for George and Catherine Davis -- Kentucky residents who hold out-of-state bonds -- that municipal bonds, like other securities, were traded like commodities.

"Yes, but it's not taxing an out-of-state commodity in the sense of a commodity which is manufactured or produced out-of-state," Souter said.

Still, Justice Anthony Kennedy said the tax breaks go against the commerce clause of the U.S. Constitution.

"All states want to protect their residents and make it look like they're doing something for their residents. And that's exactly the purpose of commerce clause prohibition against explicit discrimination, which is what this is," he said.

The justices also plumbed the strength of the municipal bond market. Justice Souter noted it was "enormous" and the Supreme Court did not know what would happen if it were interrupted.



Office Depot Faces Purported Class Action Suit
Class Action | 2007/11/06 01:10

Shareholders of Office Depot Inc. (ODP) filed a lawsuit in federal court in Florida against the company seeking class-action status and damages for alleged violations of federal securities laws.

Saxena White P.A., representing shareholders that acquired Office Depot securities between April 26, 2006 and Oct. 26., said an announcement concerning the delayed release of the 2007 third-quarter report due to an independent review of vendor program funds led to a falling stock price.

A company spokesperson declined to comment on the suit.



Former Mexican drug lord gets life in U.S. prison
Court Watch | 2007/11/05 19:02
Francisco Javier Arellano-Felix, the youngest of four brothers who ran one of the most powerful Mexican drug cartels, was sentenced to life in prison on Monday, the U.S. Department of Justice said. Arellano-Felix, who pleaded guilty in September to operating a criminal enterprise and conspiring to launder money, was also ordered by a U.S. judge to forfeit $50 million and his interest in a yacht, the department said in a statement.

"I would like to ask forgiveness from my mother, my wife and my children for having to leave them alone as I serve a life sentence," Arellano-Felix said at a sentencing hearing in U.S. District Court in San Diego.

"Most importantly, I would like to ask forgiveness from all those people, on both sides of the border, who I have affected by my wrongful decisions and criminal conduct," he said.

In pleading guilty, Arellano-Felix, 37, admitted directing the Arellano-Felix drug cartel, which controlled much of the narcotics trade across the U.S.-Mexico border over the past decade, acting Deputy Attorney General Craig Morford said.

He also admitted committing and ordering murders in connection with the cartel's illicit business, Morford said.

"Francisco Javier Arellano-Felix will spend the rest of his life in prison for leading a violent Mexican drug cartel that was responsible for trafficking hundreds of tons of cocaine and marijuana and committing countless acts of violence and corruption," Morford said.

Arellano-Felix was arrested along with Manuel Arturo Villarreal-Heredia, 31 in August while deep-sea fishing 15 miles off the coast of La Paz, Mexico, on their yacht, the Dock Holiday.

Villarreal-Heredia also pleaded guilty and is scheduled for sentencing in January.



Supreme Court to Hear Idaho Death Case
Court Watch | 2007/11/05 11:08
The Supreme Court stepped into a death penalty case Monday in which a defendant says his lawyers gave him bad advice by telling him to reject a plea deal that would have spared him a death sentence. Maxwell Alton Hoffman was convicted in connection with a revenge killing in Idaho and sentenced to death in 1989. He appealed, claiming he should be allowed to take the deal prosecutors offered anyway. The 9th U.S. Circuit Court of Appeals agreed. The San Francisco-based appeals court said the state must either release Hoffman or again offer him a plea deal that he originally turned down — allowing him to plead guilty in exchange for prosecutors no longer seeking the death penalty.

The state appealed to the Supreme Court. The justices said they would decide whether Hoffman is entitled to the plea deal, even though he was later convicted and sentenced in a fair trial.

Hoffman was one of three men charged with the murder of a woman who served as a police informant in a drug deal. Hoffman slit Denise Williams' throat and another man stabbed her. Both men tried to bury her beneath rocks, eventually killing her with a blow from a rock.

The other two defendants avoided the death penalty. Hoffman, however, refused to plead guilty on the advice of his attorneys, even though prosecutors told him that if he refused the plea deal they would seek the death penalty.

One of Hoffman's attorneys — William Wellman — told Hoffman he believed that a recent appellate court ruling out of Arizona showed that Idaho's similar death penalty scheme was unconstitutional, and that it was only a matter of time before Idaho's death penalty scheme would be overturned in court.

But Idaho's death penalty scheme wasn't immediately overturned, and on June 9, 1989, Hoffman was sentenced to death.

The appeals court said Wellman made two mistakes that warranted overturning the death sentence.

"We do not expect counsel to be prescient about the direction the law will take," Judge Harry Pregerson wrote for the three-judge panel. "We nonetheless find that Wellman's representation of Hoffman during the plea bargaining stage was deficient for two reasons: first, Wellman based his advice on incomplete research, and second, Wellman recommended that his client risk much in exchange for very little."

That error, combined with Hoffman's compliant personality, meant that he was harmed by the attorney's recommendation, the court found.

Idaho's lawyers told the Supreme Court that the 9th Circuit made it too easy for defendants to prove that their lawyers were ineffective. The decision shouldn't turn on whether the advice was right or wrong, but on whether a competent lawyer would have made the same recommendation, the state said.



Delphi Asks to Delay Ch 11 Hearing
Bankruptcy | 2007/11/05 10:08
Auto-parts supplier Delphi Corp. has asked a U.S. bankruptcy court to delay one of its reorganization hearings so it can respond to objections raised by creditors and investors, the company said Monday.

The Troy, Mich.-based company, which is still struggling with credit market fallout, said it wants to push back its Nov. 8 hearing to later this month. Delphi said it needs to talk with its committees and consider amendments to its investment agreement, which is key to helping the company exit bankruptcy.

Delphi has asked the U.S. Bankruptcy Court in Manhattan to delay the hearing. The court will consider the request on Thursday.

The company has been trying to re-solidify its financing since trouble among sub-prime housing lenders sparked tightening in the credit markets. Delphi said Monday it still plans to exit bankruptcy in the first quarter, despite the hearing delay.

Delphi didn't provide specifics about the objections. However, Wilmington Trust Co., one of Delphi's creditors, recently said in a court filing that the new plan "lacks adequate information regarding a number a number of issues that are critical to make intelligent and informed decisions." Wilmington said the new plan doesn't tell senior debt holders how much they will recover.

Delphi has said that unsecured creditors, who were slated to be repaid 80 percent on their claims with Delphi's new common stock and 20 percent in cash, will instead get a higher percentage of stock and the option to buy additional shares at the discounted price of $34.98.

Current shareholders will no longer be able to buy shares in the reorganized company at a discount, but they will still have the option of purchasing as many as 12.7 million shares of Delphi's new common stock at face value of $41.58 a share.

General Motors Corp., Delphi's former parent and biggest customer, will also receive less cash. The auto maker will now receive a $750 million second-lien note and $1.2 billion in junior convertible preferred stock instead of $2.7 billion.



WaMu sued over home appraisals - law firm
Breaking Legal News | 2007/11/05 09:13

A law firm said on Monday it had filed an investor lawsuit against Washington Mutual Inc, alleging it pressured a unit of First American Corp to inflate the appraisal value of homes.

The lawsuit comes after New York Attorney General Andrew Cuomo sued First American and its unit eAppraiseIT last week for allegedly colluding with Washington Mutual to inflate the appraisal values of homes. Cuomo did not name Washington Mutual as a defendant in his case.

The latest suit, which seeks to represent investors who bought Washington Mutual shares between July 19, 2006 and Oct. 31, 2007, also names certain officers and directors of the largest U.S. savings and loan, the law firm, Wolf Popper LLP, said in a statement.

Washington Mutual spokeswoman Libby Hutchinson said the company doesn't comment on the specifics of litigation.

But she added, "The integrity of our appraisal process is very important to us, and we work hard to make sure that it operates properly."

The suit, which was filed in U.S. District Court in New York, alleges claims for securities fraud, the law firm said.

The complaint alleges that inflated appraisals led to Washington Mutual's financial results to be misstated, it said.



David Briley joins Nashville law firm
Legal Careers News | 2007/11/05 09:12

Former Metro Councilman David Briley has joined Bone McAllester Norton, the Nashville law firm announced Monday.

Briley, a Nashville native who ran unsuccessfully for mayor this year, has been an attorney in private practice since 1995. He previously practiced with his brother, state Rep. Rob Briley, who was arrested in September on charges of drunken driving, vandalism, evading police and refusing a blood-alcohol test.

David Briley, 43, received his law degree from Golden Gate University in California. His wife, Jodie Bell, also is an attorney.

"He brings to our firm not only his skills as a litigator, but we also expect his experience and knowledge of the Metropolitan government will be very helpful for many of our clients," Charles W. Bone, chairman of Bone McAllester Norton, said in a news release.

Briley said in an interview he planned to focus on litigation and was "not looking for lobbying work at the council," where he served from 1999 until earlier this year.



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