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Ohio State's Lighty Pleads guilty to Assault
Breaking Legal News | 2007/06/20 11:20

Ohio State basketball player David Lighty pleaded guilty to a misdemeanor assault charge and was fined $250 in a case involving a jogger who was shot with a BB gun last year.

Two of Lighty’s former teammates at Villa Angela-St. Joseph High School in Cleveland also entered pleas in Cuyahoga County Common Pleas on Tuesday.

Jimmy McLeod and Darryl Rushton each were fined $100 after pleading guilty to disorderly conduct, a minor misdemeanor.

James Nugent, 55, was not seriously hurt last June when he was hit in the back by at least one plastic BB while jogging on the VASJ track. In Cleveland, BB and pellet guns are considered firearms and it is illegal to have them in public places.

Nugent said Tuesday that he had forgiven the 19-year-old defendants and thought the sentences handed down by Judge Kenneth Callahan were fair.

After he was sentenced, Lighty shook Nugent’s hand. Lighty told the judge he wanted to apologize “to Mr. Nugent, to my family, my community and my school.”

Lighty, a 6-foot-5 guard-forward, started seven games last season as the Buckeyes set a school record for victories with a 35-4 record. He was at his best as a defensive specialist who hit some big shots during Ohio State’s run to the national championship game, where the Buckeyes lost to defending champion Florida.



Disparities in Corporate Governance Policies Exist
Corporate Governance | 2007/06/20 10:44

In an effort to support the public dissemination of information on the state of U.S. corporate governance, independent corporate governance research firm The Corporate Library has initiated a series of comparative reviews of large corporations' governance practices. The first study in the series, a review of a compilation of Household Services-related industry sectors, was run using The Corporate Library's Corporate Benchmarker analysis tool. The result of this evaluation suggests that there is still no overall consistency in corporate governance policies and practices.

Examples of two of the largest variations as identified by the tool include:

--  Multiple classes of voting stock are in place at more than half of
   media and entertainment companies, but virtually absent in the rest of the
   Household Services-related industries.
  
--  Around half of communications services, financial services and retail
   grocery companies have a formal governance policy posted on their website,
   compared to 90% for residential construction and 100% for health &
   disability insurance.
   In conducting the analysis, the 41 fundamental corporate governance policy and compliance variables that make up The Corporate Library's Governance Practices Compliance Score were compared using Corporate Benchmarker in an industry-averaged, side-by-side analysis.

Data for the study was derived from The Corporate Library's database which contains information on over 3,000 U.S. public corporations. This data resource is updated on a regular basis from governance-related filings and policy statements. Additional reviews are planned to take place throughout the year.

About The Corporate Library

The Corporate Library is an independent research firm that provides corporate governance information products, research services and data to a broad variety of clients including institutional investors, corporations, D&O liability insurers, law firms, accounting firms, executive search firms, academic institutions and the media. The Corporate Library produces the definitive ratings of U.S. corporate boards of directors, allowing businesses that subscribe to the service to evaluate governance as an element of investment and other risk. The Corporate Library is also a leading publisher of corporate governance reports and studies, including reports on executive compensation, governance practices, and mutual fund proxy voting, which its analysts compile using its extensive database of over 3,000 public companies. Additional information on The Corporate Library and its suite of online corporate governance data and analysis products can be found on its website at www.thecorporatelibrary.com.



Weil, Gotshal Files Class Action Against Puppy Dealer
Class Action | 2007/06/20 10:39

The Humane Society of the United States and Weil, Gotshal & Manges have filed what they believe to be the first class action lawsuit against a U.S. puppy dealer, alleging that the company sold puppies with genetic defects and contagious parasitic infections and failed to reimburse customers for the sick animals or their medical problems.

Weil Gotshal, led by New York litigator Paul Ferrillo, filed the lawsuit on a pro bono basis on behalf of the Humane Society in Broward County Circuit Court against the south Florida-based Wizard of Claws. The lawsuit so far represents about 100 class members, said Jonathan Lovvorn, who heads up the Humane Society's litigation department. Each representative will have damages of $2,000 to $5,000, making the lawsuit worth hundreds of thousands of dollars, he said.

The sale of sick and dying puppies to customers who were unable to receive reimbursement for either the price of the sick dogs or veterinary treatments that sometimes cost thousands of dollars violated Florida animal and consumer protection laws, the Humane Society said. The lawsuit seeks unspecified compensatory damages and injunctive relief against the further sale of puppies by Wizard of Claws.

A Web site for Pembroke Pines, Fla.-based Wizard of Claws shows photos of various breeds of puppies for sale. All puppies are checked by a veterinarian and "all our attention goes to their well being," the site says. The company says it "backs up our puppies 100 percent." A Wizard of Claws representative declined comment and referred calls to owner James Anderson, who was not available.

Ferrillo, who was drawn to the case in part by his affection for his Jack Russell terrier, investigated the puppy dealer and brought the case with help from a team of about a dozen lawyers in Weil Gotshal's Miami and New York offices in addition to Humane Society attorneys.



DOJ Seeks to Ban Two NC Tax Attorneys
Tax | 2007/06/20 08:16
The United States has sued two federal income tax preparers and their business, seeking to bar them from preparing federal income tax returns for others, the Justice Department announced today. According to the government’s civil injunction complaint, Anthony L. Green and Nicole A. Baine, who operate a business called TAS Services in Durham, N.C., prepared at least 84 federal income tax returns for customers claiming fraudulent fuel tax credits, a scam that the complaint says is a serious enforcement problem for the Internal Revenue Service (IRS).

The complaint alleges that Green and Baine fraudulently prepared a return for one customer—a gospel singer––that claimed that he purchased 6,214 gallons of diesel fuel for off-highway business use. The suit notes that for the claim to be accurate the gospel singer (whose total income for the year was less than $2,341) would have to have spent approximately $12,248 to purchase that volume of fuel, and would have to have driven approximately 24,280 offroad miles during the year, an average of 340 miles each day of the year.

The government complaint alleges that the IRS has identified more than $150,000 in fraudulent fuel tax credits in returns TAS Services prepared.

The Justice Department obtained an injunction in April against a Miami tax preparer in a case involving allegations of similar fraudulent fuel tax credits. http://www.usdoj.gov/tax/txdv07254.htm

Since 2001 the Justice Department has obtained injunctions against more than 240 tax preparers and tax-fraud promoters. Information on those cases is available at http://www.usdoj.gov/tax/taxpress2007.htm. More information about the Justice Department’s Tax Division can be found at www.usdoj.gov/tax



3M Wins Ruling in Contamination Class-Action
Class Action | 2007/06/20 05:31

In a victory for 3M Co., a judge ruled today that 67,700 residents of Washington County will not be considered as a a single group in a lawsuit against the company for damages allegedly suffered because of chemicals detected in their water.

The ruling The ruling by Washington County District Judge Mary Hannon denied class certification for the residents - which will greatly help 3M as it defends one of the biggest environmental lawsuits in state history.

"3M is pleased. The entire ruling is a victory," said company spokesman Bill Nelson.

Six county residents brought the lawsuit, which has been joined by another 1,000 people, according to the plaintiffs' lawyers.

Hannon's ruling means anyone wishing to sue the company for similar damages will have to do so in a separate legal action.

The chemicals detected in trace amounts are PFCs, or perfluorochemicals, made by 3M for such products as Teflon and Scotchgard stain repellant. They were legally disposed of by 3M in landfills in Washington County. In 2004, the chemicals were discovered in drinking water in Lake Elmo and Oakdale.

The discovery of a related chemical in drinking water in communities including Cottage Grove and Woodbury was announced in January.

Mega-doses of PFCs have caused cancer and other problems in rats. But state officials said they pose no short-term health risk to humans because they are in such minute amounts in the drinking water.

PFCs in water are measured in parts per billion - the equivalent of one second in 32 years. It is calculated that a Woodbury resident would have to drink 500,000 glasses of water a day to match the dose at which rats begin to show an effect. Longer-term studies of the effects of PFCs are under way.

The stakes in the case are potentially huge. If the case had gone to trial with the larger group certified as a class, no one could have predicted the amount of a potential settlement. But an Ohio case involving the same chemicals ended in 2005 with a settlement of $300 million.

In that case, the DuPont Company agreed to pay to remove chemicals from drinking water and monitor the health of water-drinking residents in the future. It did not pay for any alleged damages done to the water-drinkers.

Attorneys for the plaintiffs wouldn't comment Tuesday, but said in a written statement that their case would go forward without class certification.

But others suing 3M - or who may want to in the future - were disappointed.

"I think this is a setback," said Jon Archer, who noticed many neighborhood children with developmental disabilities when he lived in Oakdale.

He has blamed the water. "It shows you how big powerful attorneys manipulate the system," Archer said of today's ruling.

Mike Bradley, a Woodbury attorney with thyroid cancer, could have joined the lawsuit if the certification was allowed. Now, if he wants to sue 3M, he will have to take separate legal action.

"It's tremendously frustrating," said Bradley. "I am not sure what the judge was thinking. I am really concerned that corporate interests not be placed above families and children."



Enron Broadband CEO sentenced to 27 months in plea deal
Court Watch | 2007/06/19 09:29

Former Enron broadband division chief Kennith Rice was sentenced to 27 months in prison  Monday and ordered to forfeit almost $15 million as part of a plea deal with prosecutors for his testimony against former Enron CEO Jeffrey Skilling and company founder Kenneth Lay . As CEO of Enron Broadband Services (EBS), Rice made numerous false statements about technology developments designed to mislead investors and artificially inflate the company's stock price. Without the plea deal, Rice faced up to 10 years in prison for his actions.

Earlier this month, former EBS Chief Operating Officer Kevin Hannon was sentenced to two years in prison and fined $125,000 for defrauding investors. Hannon also was sentenced subject to a plea deal, but was convicted of lesser crimes and was facing a maximum of 5 years in prison.



Former Thai PM to face new corruption charges
International | 2007/06/19 05:45

Thai Attorney General Phatchara Yutithamdamrong said Monday that he would seek a criminal trial against former Thai Prime Minister Thaksin Shinawatra and his wife regarding a 2003 land purchase by Pojamarn Shinawatra from the government-directed Financial Institutions Development Fund. Yutithamdamrong also recommended the seizure of the land, valued at approximately $23.7 million USD. The announcement came as the Assets Examination Committee (AEC) ordered the additional seizure of $245.7 million USD of Thaksin's family assets, saying that the funds had been shifted from accounts seized last week shortly before the seizure was ordered. The previous seizure amounted to approximately $1.6 billion USD, held by Thaksin and members of his family. Thaksin made his fortune after founding what is now the Shin Corporation in 1983, and is estimated to be worth in excess of $2 billion.

The AEC recommended that charges be brought against Pojamarn and other members of Thaksin's family in February for tax evasion in the sale of Shin Corporation stock. Investigators have been having difficulty linking Thaksin to corruption, which was the stated reason for last year's bloodless coup. Thaksin has complained that the charges against him amount to a persecution, and has called the AEC findings "libelous, unfair, and unethical."



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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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