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Arkansas court ends school-funding suit
Court Watch | 2007/06/01 06:31

State lawmakers are adequately funding public schools, the Arkansas Supreme Court ruled Thursday in ending a long-running lawsuit. The court singled out the Legislature‘s continuing review of its education efforts. A report last month by two court-appointed special masters concluded the framework for an improved education system existed, but constant review was needed.

"Anybody who thinks we‘re through has missed the point. This is an ever-changing and evolving target that requires constant vigilance," the governor said.

Late last year, four school districts asked the court to maintain oversight, arguing that while the Legislature had appropriated extra money, it hadn‘t adequately addressed buildings, programs for non-English speakers and money for rapidly growing districts.

"I think we‘ve made tremendous progress as a result of this case and I think the few remaining concerns we have about education are relatively small compared to what‘s been accomplished," Heller said.

"The court has said yes, it‘s about spending more money and showing your commitment to education, but what‘s more important is how you spend it," McDaniel said.



Congresswomen Rallying Against High Court Ruling
Political and Legal | 2007/06/01 05:42

Democratic congresswomen moved quickly this week in an attempt to counter a Supreme Court ruling on equal pay. On Tuesday, the court said an employee could not bring a pay discrimination case to the Equal Employment Opportunity Commission because of discrimination that occurred years earlier. But the 5-4 ruling came with an unusual vocal dissent by Justice Ruth Bader Ginsburg, the court's only female member. "In our view," she said, speaking for herself and the other three dissenters, "the court does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination."

A group of seven House members, led by Rep. Rosa L. DeLauro, D-3rd District, agreed, declaring in a statement, "The Supreme Court effectively rolled back efforts to ensure equal pay."

The court's decision, they said, "completely ignores the reality of the workplace and is based on the illogical conclusion that a victim of pay disparity will be able to document - despite the typical office secrecy over income - a discriminatory difference in the salaries within six months. It completely overlooks that a victim may be afraid to file a complaint."

They are pushing the Paycheck Fairness Act, which would allow victims the right to back pay, compensatory damages and punitive damages for intentional wage discrimination. They also will try to ensure that people who have been victims of wage discrimination would not be penalized because of time limitations.

In addition, House and Senate members - including some men - will introduce new legislation to clarify the intent of the Civil Rights Act in regard to pay discrimination.

The act says that any charge must be filed within 180 days "after the alleged unlawful employment practice occurred." The Supreme Court ruled this week that the 180 days begins on the date an employer makes the initial pay-setting decision. But opponents want the time to run from the date an employee gets a check with discriminatory pay, making it easier for potential victims to seek help.



Buchanan Ingersoll acquires San Diego firm
Law Firm News | 2007/05/31 09:48



Two months after losing its San Diego office managing partner, Buchanan Ingersoll said Thursday it has acquired seven-lawyer San Diego law firm Alhadeff & Solar. Buchanan said it will maintain its four-lawyer office in Del Mar, Calif., as well as its new one in downtown San Diego that opens officially Friday.

The latest additions are led by partners Sam Alhadeff and Keith Solar, who handle business law, litigation and water law matters, among others. Solar's practice revolves around water law and in the tuna industry, with clients such as Basin Water Inc., South Pacific Tuna Corp., Chicken of the Sea International and FCF Fishery Co. Alhadeff has a land-use and environmental law practice with clients such as Beazer Homes, Lennar Corp., D.R. Horton. Inc., Standard Pacific Homes, Pulte Homes Inc./Del Webb and Meritage Homes Corp.

The acquisition comes after the April 3 departures of San Diego office managing partner Daniel T. Pascucci, who also led the firm's California litigation practice, and intellectual property litigation partner Andrew Skale for Boston's Mintz Levin Cohn Ferris Glovsky & Popeo.

Buchanan Ingersoll is based in Pittsburgh and has 80 lawyers in Philadelphia. It has 550 lawyers firmwide.

http://www.bipc.com


DOJ probe to look into attorney hiring practices
Breaking Legal News | 2007/05/31 09:44

The Justice Department has launched an internal investigation into whether Bush administration officials violated civil service rules by favoring conservative Republicans when hiring lawyers in the Civil Rights Division, the department disclosed yesterday in a letter to Congress. The probe will also examine whether the administration illegally used a political litmus test when vetting candidates for non-partisan positions elsewhere in the Justice Department, according to the heads of the department's offices of inspector general and professional responsibility.

The disclosure that the two watchdogs are focusing on the Civil Rights Division marks an expansion to a new arena of the Justice Department of an ongoing investigation into whether politics played a role in the firing of nine US attorneys in 2006. The probe has widened to encompass allegations that the administration has used its control of the Justice Department to gain a partisan edge.

"This is to notify you that we have expanded the scope of our investigation to include allegations regarding improper political and other considerations in hiring decisions within the Department of Justice," wrote Inspector General Glenn Fine and Office of Professional Responsibility chief Marshall Jarrett , who are conducting a joint inquiry.

Under federal law, officials may not take political affiliation into account when hiring career professionals, permanent, non-partisan employees who stay on when an administration changes. But last week, a former aide to Attorney General Alberto Gonzales , Monica Goodling , told Congress that she had "crossed the line" by attempting to block liberal applicants from being hired as career assistant prosecutors and immigration judges.

Goodling, a key figure in the US attorney firings who resigned in April, was granted immunity from prosecution in exchange for her testimony. While it was known that Goodling's hiring practices were under investigation, the letter made clear for the first time that the internal probe has now been extended to hiring by other administration appointees as well.

"Among the issues that we intend to investigate are allegations regarding Monica Goodling's and others' actions in DOJ hiring and personnel decisions; allegations concerning hiring for the DOJ Honors Program and Summer Law Intern Program; and allegations concerning hiring practices in the DOJ Civil Rights Division," they wrote.

The offices did not disclose whom else they are investigating. Dean Boyd , a Justice spokesman, declined to comment on the probe's expansion.



Actor/Politician Fred Thompson May Run for President
Political and Legal | 2007/05/31 09:42

Thompson's entry will have an immediate impact on the battle for the GOP nomination, adding a fourth candidate to the field's top tier, which includes former New York mayor Rudolph W. Giuliani, Sen. John McCain of Arizona and former Massachusetts governor Mitt Romney. All three have struggled to win the confidence of conservative Republicans. Thompson will attempt to make the case that he is the true heir to the mantle of Ronald Reagan and, if successful, would become a formidable candidate for the nomination. But Republican strategists cautioned that Thompson will need a more refined message and an error-free start to live up to the publicity surrounding his all-but-certain candidacy.

"That's what the campaign will be all about for him -- persuading a significant portion of the party that he truly is the right leader for a set of issues and an outlook on the world," said Whit Ayres, a Republican pollster.

By tomorrow, aides said, the actor and former senator from Tennessee will incorporate a committee called Friends of Fred Thompson and will begin actively raising money for a White House bid. He launched the fundraising effort this week in a conference call with more than 100 supporters, whom he has dubbed his "First Day Founders."

Within the next few weeks, advisers say, a real campaign will take shape, even without a final decision or formal announcement. A Web site will be posted, campaign headquarters will be selected, and a staff will be hired. The signature red pickup truck from Thompson's Senate campaigns will be dusted off.

A senior adviser, who spoke on the condition of anonymity because Thompson has not formally announced his intentions, said he is confident about the future.

"This is not someone who is awkward in his own skin," the adviser said. "This will not be a D.C.-centric campaign. He has natural assets that appeal to conservatives, but at the same time he is not threatening to independents and Democrats."

Thompson will give a speech in Virginia this weekend and is scheduled to appear next month on "The Tonight Show With Jay Leno." An announcement could come as soon as the first week of July, using the hoopla of the national holiday as a backdrop. But those plans are in flux and could change, two sources said yesterday. One source said a formal announcement is likely to come "around that time."

As a lawmaker, Thompson exuded a folksy charm that supporters say could help him capture the attention of many Republican primary voters. His decades of movie and television appearances give him an immediate national presence that rivals that of the others in the campaign. Thompson has played District Attorney Arthur Branch on "Law & Order," but he told the television show he will not return in September, although he did not indicate any political intentions, producer Dick Wolf said in a statement.

Thompson, a senator from 1994 to 2003 and a guest host on Paul Harvey's show on ABC Radio, has already begun to reach out to party conservatives. He has been outspoken in his support of the war in Iraq and blasted the immigration deal reached in the Senate. He recently used a spat with liberal filmmaker Michael Moore to draw attention on conservative blogs, issued a Web video featuring himself chomping a cigar and chiding Moore for going to Cuba to film part of his new documentary.

Republican strategists predicted yesterday that Thompson will get an immediate boost in the polls by entering the race. "I think overnight he becomes the alternative," one strategist said.



US opens to global emissions-cutting goal
Environmental | 2007/05/31 09:37

The United States will work with other nations in seeking a global goal for cutting greenhouse-gas emissions, President George W Bush said Thursday. Bush, in a speech looking ahead to next month's Group of Eight summit, made it clear that he expects nations with fast-growing energy needs like China and India to join the initiative. "The United States will work with other nations to establish a new framework on greenhouse gas emissions for when the Kyoto Protocol expires in 2012," Bush said in Washington.

However, he made no mention of mandatory reductions in greenhouse gas emissions such as those contained in the Kyoto accord, which the US refused to sign.

Bush proposed that the US and other countries set "a long-term global goal for reducing greenhouse gases" by the end of next year.

To develop the goal, the US will convene a series of meetings of the nations that produce the most greenhouse gas emission, including nations with rapidly growing economies like China and India, he said.

Each nation would also set "mid-term national targets and programmes that reflect their own mix of energy sources and future energy needs," Bush proposed.



NJ Court Certifies Wal-Mart Class-Action
Court Watch | 2007/05/31 08:51

The New Jersey Supreme Court on Thursday certified a class-action lawsuit against Wal-Mart Stores Inc. by employees who claim that the nation's largest retailer denied them meal and rest breaks, and forced them to work off-the-clock. The 5-1 ruling by New Jersey's highest court revives the workers' lawsuit, which had been denied class-action status by a trial judge and an appellate panel.

Plaintiff attorney Judith L. Spanier, who said the class would contain about 80,000 current and former Wal-Mart employees, said similar cases were pending in other states.A spokesman for Bentonville, Ark.-based Wal-Mart had no immediate comment on the ruling.

The Supreme Court found that the class should be certified because common questions of law outweigh individual issues, and that the class-action lawsuit is the better method to handle the dispute.



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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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