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SoCal lawyer lawyer convicted of embezzling from client
Breaking Legal News | 2007/06/16 08:02

A Palos Verdes attorney was convicted of embezzling $150,000 from the trust fund he set up for an elderly woman who once worked as Walt Disney's secretary. Superior Court jurors deliberated only two hours Friday before convicting Salvatore Patrick Osio, 69, prosecutor Sean Hassett said. Osio said Saturday that he would appeal.

"They (jurors) didn't review any documents, transcripts or exhibits, which were considerable," Osio said. "They took the shortcut and rushed to judgment without proper deliberation. We are concerned that the prosecutor's very inflammatory closing argument and mischaracterization of the evidence was very prejudicial."

Prosecutors contended that Osio embezzled the money from a trust fund he was hired to set up for Alicia Waters and her husband, Henry, in 2002. She discovered the money missing after her husband's death, authorities said. She died in 2005 at age 92.

Osio was convicted of one count each of grand theft, theft from an elder, forgery and perjury.

He remains free on bail but could face up to six years and eight months in state prison when he is sentenced next month.



Scruggs Facing Possible Criminal Charges
Breaking Legal News | 2007/06/16 07:59

A federal judge Friday requested that the U.S. attorney prosecute prominent Mississippi attorney Richard F. Scruggs and his law firm for criminal contempt in a Hurricane Katrina insurance dispute.

U.S. District Judge William M. Acker Jr. said if the federal prosecutor in Birmingham declines the court's request, Acker will appoint another attorney to handle the prosecution.

Acker ruled that Scruggs "willfully violated" a Dec. 8, 2006 preliminary injunction that required him to deliver "all documents" about State Farm Insurance Co. that whistleblowers Cori and Kerri Rigsby secretly copied after Katrina. Acker's ruling came in a suit by E.A. Renfroe and Co. Inc., a claims adjusting firm that fired the Rigsbys after finding out they had taken internal documents. Renfroe and Co. worked for State Farm, and the sisters were heavily involved in processing claims for the insurance giant.

"It is undisputed that Scruggs had in his possession the exact documents that fell within the scope of the injunction and that were and are the whole subject of the controversy," the judge wrote in his order. Instead of complying, Scruggs promptly sent the documents to Mississippi Attorney General Jim Hood's office, Acker says, "for the calculated purpose of ensuring noncompliance with or avoidance" of the injunction.

He said Scruggs's motive seems clear from the undisputed facts. "Even after Hood `voluntarily' sent the documents to counsel for Renfroe at Scruggs's request, Scruggs wrote to Hood requesting another copy of the same documents for himself and ostensibly for the Scruggs Katrina Group," the judge wrote.

He called Scruggs' action a "brazen disregard" of the court's order, calling it "precisely the type of conduct that criminal contempt sanctions were designed to address." Richard Scruggs called the judge's actions "bizarre." "Our firm fully cooperated with the court's injunction. We did what was asked of us and the information that we turned over was strong evidence of fraud by the insurance industry," Richard Scruggs told The Associated Press Friday evening. "We're going to vigorouly oppose it and we are willing to accept what consequences this Alabama judge might impose for complying with his own injunction," he said. Zack Scruggs, his son and law partner in Oxford, Miss. said an appeal of Acker's ruling is possible.

The elder Scruggs had argued that he did not violate the injunction because the injunction, as he interpreted it, contained an express "carve-out for law enforcement," Acker noted. But the judge wrote: "To read the preliminary injunction to permit Scruggs to deliver the documents to Hood rather than to counsel for Renfroe is such a strained construction and so contrary to the injunction's clear terms as to lack any credibility whatsoever."

The Rigsbys, from Ocean Springs, Miss., have admitted copying thousands of pages of records to back up their allegations that State Farm wrongly denied claims after Katrina. The sisters gave the documents to law enforcement agents and Scruggs, who signed them each to a $150,000-a-year consulting contract. The sisters say they made about 15,000 copies -- three sets of 5,000 separate records.

Scruggs, a highly successful plaintiffs' lawyer who is the brother-in-law of U.S. Sen. Trent Lott, R-Miss., is suing State Farm on behalf of hundreds of Mississippi residents.



Duke Case Prosecutor Says He Will Resign
Breaking Legal News | 2007/06/16 07:49

Mike Nifong, the prosecutor who doggedly pursued the now-debunked Duke University lacrosse team rape case, was a "minister of injustice" who wove "a web of deception," a state bar prosecutor said in closing statements Saturday at Nifong's ethics trial. If convicted, the disciplinary hearing committee could suspend Nifong's law license or take it away entirely. Nifong told the panel hearing the case Friday that he would resign from his post as Durham County district attorney over his handling of the rape charges.

"Mr. Nifong did not act as a minister of justice, but as a minister of injustice," state bar prosecutor Douglas Brocker said Saturday morning.

Brocker told the disciplinary hearing committee that as Nifong investigated allegations that a stripper was raped at a March 2006 party thrown by Duke's lacrosse team, he charged "forward toward condemnation and injustice," weaving a "web of deception that has continued up through this hearing."

The bar charged Nifong, a prosecutor in Durham County for his entire three-decade legal career, with breaking several rules of professional conduct, including lying to both the court and bar investigators and withholding critical DNA test results from the players' defense attorneys.

Those DNA tests found genetic material from several males in the accuser's underwear and body, but none from any lacrosse player. Even though he was aware of those results, Nifong still pressed ahead with the case and won indictments against Dave Evans, Reade Seligmann and Collin Finnerty.

State prosecutors later concluded the three players were "innocent" victims of a rogue prosecutor's "tragic rush to accuse."

Nifong acknowledged Friday he was likely to be punished by the disciplinary committee for maybe getting "carried away a little bit" when talking publicly about the case. He said he regretted some of his statements, including a confident proclamation that he wouldn't allow Durham to become known for "a bunch of lacrosse players from Duke raping a black girl."

Brocker pounded on such comments Saturday, saying Nifong had to have known he was making improper comments to reporters.

"They (were) clearly going to cause public condemnation of anybody who was charged," Brocker said.

Brocker also focused on when Nifong learned about the full extent of the DNA test results and when he shared that information with the defense.

Nifong gave defense attorneys an initial report on the DNA testing in May 2006 that said private lab DNA Security Inc. had been unable to find a conclusive match between the accuser and any lacrosse players.

But lab director Brian Meehan testified this week that he told Nifong as early as April 10, 2006 _ a week before Seligmann and Finnerty were indicted _ about the more detailed test results.

"The positive results were the truth," Brocker said. "They just weren't the whole truth."

Nifong testified that when he gave the defense the initial report, he "believed at the time that I had given them everything."

Nifong tearfully said Friday he would resign as district attorney, stunning his staff in Durham and his own attorneys. They had insisted for weeks their client had no plans to leave the office he was elected to for the first time in November.

"It has become increasingly apparent, during the course of this week, in some ways that it might not have been before, that my presence as the district attorney in Durham is not furthering the cause of justice," Nifong said, adding later: "My community has suffered enough."

Even if he is disbarred, Nifong's troubles aren't over _ the players' attorneys have pledged to seek criminal contempt charges next week in Durham.



Palestinians: U.S. Promises Embargo End
International | 2007/06/16 05:47

The U.S. strengthened its offer of support for President Mahmoud Abbas on Saturday, telling him an international aid embargo against the Palestinians would end as soon as he forms a new government without Hamas, aides to Abbas said.

The United States and European Union have backed Abbas in light of the upheaval that has remade the Palestinian territories. Jacob Walles, the American consul-general in Jerusalem, said Saturday he expects Washington to lift the 15-month economic embargo.

"I expect that we are going to be engaged with this government," Walles said. "I expect that early next week. There will be some announcements in Washington, specifically about our assistance and about the financial regulations."

The Hamas-controlled Gaza Strip and the Fatah-controlled West Bank have effectively become separate political entities, endangering the Palestinian dream of forming an independent state in the two territories.

Hundreds of Fatah gunmen stormed Hamas-controlled institutions across the West Bank on Saturday, seeking revenge for the Islamic group's violent takeover of the Gaza Strip.

Crowds of Gaza Strip residents converged on the border crossing with Israel desperate to leave the coastal strip, but they found locked gates. Israel, meanwhile, said it would allow food and other basic supplies into Gaza.

In Gaza, the deposed prime minister appointed a new security command to solidify control. Despite Hamas pledges to restore calm, looters attacked several prominent Fatah symbols, including the home of longtime Palestinian leader Yasser Arafat.

In the West Bank, Abbas' newly appointed Palestinian prime minister, Salam Fayyad, moved forward with plans to form an emergency government. Officials close to Abbas said the government would also include members from Gaza, underscoring Abbas' claim to lead all Palestinians. Hamas, which now claims its own government in Gaza, called the move illegal.

Abbas aide Yasser Abed Rabbo said the new government would be sworn in by Sunday. He also rejected negotiations with Hamas: "There will be no dialogue with killers who carried out field executions in Gaza."

Aides to Abbas said Walles pledged an end to the sanctions once the new Palestinian government is formed, aides to Abbas said, speaking on condition of anonymity because the meeting was closed.

The sanctions were imposed after Hamas, which the U.S. has branded a terrorist group, was elected in January 2006. Hamas and Fatah have been locked in a power struggle since then, especially over which group would control security forces.

A Western diplomat, speaking on condition of anonymity, said all restrictions will be lifted, including those on bank transfers. The EU's statement said the question would be discussed at a meeting of the bloc's foreign ministers in Luxembourg.

In Washington, State Department spokesman Sean McCormack described Fayyad, Abbas' new prime minister, as "a person that the international community has long experience with, has great confidence in."

In Gaza, deposed Prime Minister Ismail Haniyeh who has ignored Abbas order firing him replaced security commanders loyal to Abbas, a spokesman aid.

Since seizing control of Gaza on Thursday, Hamas has tried to impose law and order in the area, in part due to fears of retribution in the West Bank. Saturday's attacks on Hamas targets were the most serious so far.

In Ramallah and Nablus, hundreds of Fatah gunmen took over the Palestinian parliament and other Hamas-controlled government offices, and said staffers with ties to Hamas could not return.

At the parliament, several hundred Fatah supporters chanted, "Hamas out," while gunmen climbed on the roof of the building and fired in the air. They also whisked the deputy speaker, a Hamas ally, out of the building, but were prevented from pushing him into a car.

Many government employees tied to Hamas, apparently fearing they would come to harm, never came to work Saturday, the start of the work week in the West Bank.

In Gaza, meanwhile, Hamas forces on Saturday blew up the home of a prominent Fatah family, collected rivals' weapons and deployed hundreds of security men at strategic locations.

"They are going to provide the people with all the security they have lacked in the past few years due to the bad behavior of some corrupt agents," said Abu Hilal, the Hamas spokesman.

With Hamas firmly in control, Gaza City's streets largely returned to normal Saturday. Outdoor markets were alive, and traffic jams clogged the streets a dramatic contrast to the street battles seen earlier in the week. Still, jittery residents stocked up on flour and other basic supplies in fear of further violence.

Hamas units took up positions at former Fatah security buildings. At the damaged headquarters of the Preventive Security Agency, Hamas said it found the bodies of seven people it claimed were executed by the pro-Fatah force before it was routed.

Despite Hamas' pledges of calm, looting persisted at key Fatah symbols, including the home of Arafat, the founder of Fatah who ruled the Palestinians for 40 years.

Witnesses said gunmen stormed the house early Saturday, taking furniture, including a bed, and three cars. Hamas security forces later arrived and locked the house. The home had been empty since Arafat left Gaza in 2001. He died in 2004. The witnesses declined to be identified, fearing for their safety.

Despite Hamas promises of amnesty, fearful Fatah supporters converged on the Erez border crossing with Israel in hopes of traveling to the West Bank. One young man shouted "bye, bye, Gaza," and waved as he walked through the covered walkway that leads to the Israeli side.

Israeli government spokesman Shlomo Dror said only a small number of "humanitarian cases" were allowed to pass. At the same time, hundreds of people looted police positions on the Palestinian side of Erez, and at one point Israeli troops fired in the air to keep the crowd at bay. The looters walked off with furniture and scrap metal.



Geddings found guilty of lobbying violation
Court Watch | 2007/06/16 05:05

Former North Carolina state lottery commissioner Kevin Geddings was found guilty of a lobbying law violation in state court today and will be banned from lobbying in North Carolina for the next two years, the Raleigh News & Observer reported Friday. Geddings, 42, a former Charlotte public relations executive who now is the co-owner of WFOY-AM in St. Augustine, was not in court to enter the plea.

He is to enter federal prison in the coming weeks to serve a four-year sentence. A jury in April convicted Geddings of five counts of mail fraud as part of a scheme to defraud the public of his honest services. Geddings had hid his ties to major lottery vendor Scientific Games as he sought and won a seat on the lottery commission.

His attorney, Tommy Manning of Raleigh, entered what is known as an Alford plea in court, said Wake Assistant District Attorney David Sherlin. An Alford plea allows defendants to maintain innocence but to nonetheless plead guilty because they see no other favorable alternative. Geddings has appealed his federal sentence.



The Supreme Court vs. Health Care Workers
Practice Focuses | 2007/06/15 20:32

The Supreme Court just ruled 9-0 this week that home health care workers aren't entitled to overtime pay under the Fair Labor Standards Act of 1938, a significant blow to low wage workers generally. There are many ugly aspects to this story, which the press is treating as just another blip. First, around half of home health care workers are minority and over ninety percent are female. The old double standard long condemned by feminists seems to be active here. Women are the "care givers" the "homemakers" without whom society cannot stand. Yet this labor, praised and put on a pedestal, is not seen as labor, not valued as labor, and women are expected to work for less and take it, because that is what being a "true woman" is all about--what scholars used to call "the cult of domesticity."

U.S. Labor law, which the justices were in effect sustaining, is very much below average when compared to the rest of the developed world, and the laws themselves, which were largely enacted during the great labor and especially CPUSA led upsurge of the 1930s, were written by a Congress in which "conservative" Southern white supremacy Democrats played a powerful role because of their "seniority" (it helped that they weren't running in competitive elections. The legislation excluded farm workers, domestic workers, and others (African Americans,other minorities, and women were greatly over-represented in the excluded categories) in order to keep labor generally and Southern labor particularly cheap.

From the 1940s to the early 1974s, more and more workers were included under this legislation, which was of course strengthened and augmented by civil rights legislation and affirmative action in the 1960s. But things have gotten steadily worse over the last thirty years (the act which was at question here was a 1974 act whose express purpose was to include more workers in terms of benefits and protection, even though as Justice Ginsburg noted, it in this case was ironically being used by the government to exclude workers).

The unions involved and prominent progressive Democrats have criticized the ruling and promised to work to include home health care workers, which of course is good. But much more is needed. First, the overall health care industry has to be transformed from a private industry to a public health care system, as has been done successfully in all other developed countries. Home health care workers are a part of that industry and the idea that those who deal with the most vulnerable people in our society, people who literally cannot take care of themselves, should be denied the basic benefits that the majority of American workers have, not to mention their own health care and pension rights, should anger working class and progressive people as much as the existence of largescale homelessness in the richest nation on earth should.

U.S. labor law, with its exclusions and exemptions which make sense only if one wants a cheap labor country swimming in an ocean of debt, also has to be transformed so that it is at the very least "competitive" with present-day labor laws in the European Union, by no means ideal but much better than what currently exists in the United States.

This can only happen if we work steadily to elect a pro labor progressive Congress and national administration in 2008, an administration which will begin to both reverse the reactionary policies of the last three decades and also enact in regard to health care legislation which today is more than a half century overdue.

As a postscript, such a government would also be ready to appoint progressive Supreme Court justices who would vote to expand workers rights, not the centrists and moderate liberals who joined with the far right in this case to deny home health care workers basic rights.



NJ Court Drops Suit Against Paint Makers
Court Watch | 2007/06/15 20:31

The New Jersey Supreme Court on Friday scuttled what little remained of a lawsuit against paint makers by 26 towns and counties that wanted them to cover the cost of removing lead paint, which was banned in 1978 as a health hazard. The 4-2 ruling by the state's highest court was a victory for the manufacturers, which included American Cyanamid Co. (now part of Wyeth (nyse: WYE - news - people )), Sherwin-Williams Co. (nyse: SHW - news - people ) and DuPont (nyse: DD - news - people ).

The court determined that the towns and counties failed to identify a special injury that could be compensated. It said the claim was essentially a products liability issue, and falls under the state Product Liability Act, which excludes coverage for exposure to toxic material.

A lawyer for the towns and counties, Fidelma L. Fitzpatrick, said they were considering whether to ask the court to reconsider its decision, which dismissed the last remaining claim of the lawsuit.

"It means that the New Jersey Supreme Court turned its back on lead-poisoned children of New Jersey, and they allowed the companies that profited from lead paint to turn their back on the children of New Jersey and the crisis that they created," Fitzpatrick said.

Individuals have little recourse to sue because they cannot identify which manufacturer made the paint that is on the walls of their home, Fitzpatrick said.

The paint makers praised the ruling, noting the Missouri Supreme Court had a similar decision on Tuesday.

"These companies are not responsible for risks today from poorly maintained lead paint," said Bonnie J. Campbell, spokeswoman for the paint makers and a former attorney general of Iowa.

New Jersey Public Advocate Ronald K. Chen, who had entered the case in support of the towns and counties, said the ruling was disappointing, but did recognize that landlords must maintain their properties to prevent lead paint from flaking and becoming a health hazard.

The aged housing stock in New Jersey has at least 2 million units with lead paint, Chen said. As a result, 4,547, or nearly 2.5 percent of New Jersey children under 6, had high levels of lead, compared to 1.6 percent nationally, according to the state Department of Health and Senior Services.

The lawsuit was originally filed in December 2001 by Newark, and was later joined by other towns and counties.

A trial judge had dismissed the entire lawsuit, but an appellate panel reinstated the claim charging the manufacturers with creating a public nuisance.



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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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