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US court examines 'enemy combatant' procedures
Court Watch | 2007/05/16 08:01

A US appeals court examined Tuesday the procedures of a military panel that determines whether a Guantanamo prison camp detainee should be branded an "enemy combatant." The three federal court judges in Washington, reviewing the matter for the first time, sought to determine how they should proceed in examining the Combatant Status Review Tribunal. The same court ruled in February that, as foreigners held outside US territory, the detainees could not challenge their indefinite detention without charge at the US naval base in Guantanamo Bay, Cuba.

The US Supreme Court refused to review the decision of the US Court of Appeals for the DC Circuit.

A 2005 law, however, allows the detainees to ask the appeals court to check whether the Combatant Status Review Tribunal, created by the Defense Department in 2004, had followed procedures.

During the review tribunals, handcuffed detainees appear without an attorney before three military judges.

Only one person, called a recorder, has access to all elements of a case and presents the documents and witnesses that he or she deems pertinent for the review.

The detainee, meanwhile, can request under certain conditions documents and witnesses, but under such limitations most requests have been rejected.

The government argues that the appeals court can only have access to minutes of the review board hearings and documents presented to the panel.

But detainee attorneys want the court to be able to determine whether the recorder indeed presented all relevant documents for a case and if the military judges were right to reject certain witnesses or documents requested by the detainee.

President George W. Bush's administration has argued that unlawful enemy combatants captured in the "war on terror" do not have the same rights as US criminals or prisoners of war, arguing the detainees are not associated with conventional armies.



Iraqi Gov overwhelmed by additional detainees
International | 2007/05/16 05:57

Security plans implemented since February by the Multi-National Force - Iraq (MNF-I) have contributed to overcrowding in Iraqi prisons, the Washington Post reported Tuesday. A UN report released in April estimated 20,000 detainees were held in Iraq-run facilities during the month of March, indicating an increase of over 3,500 detainees from the end of January.

Estimates of the number of detainees held in Iraqi-operated facilities are difficult to verify because various ministries operate multiple facilities with little coordination. Deputy Justice Minister Pusho Ibrahim Ali Daza Yei told the Washington Post that the Justice Ministry, which operates prisons for convicted criminals, have provided detention space for untried detainees under the custody of the Iraqi Army and that the military detainees account for over 15 percent of the Justice Ministry's prison population.

An anonymous source told the Washington Post that the "tidal wave of cases" generated by the security plans have overwhelmed the Iraqi justice system, which is mandated by Article 19 of the Iraq Constitution to submit preliminary investigations to "a competent judge in a period not to exceed twenty-four hours from the time the arrest has occurred."

Allegations of detainee abuse, particularly by the Interior Ministry, have also increased as officials have struggled to deal with the influx of detainees. The security plans, formally known as "Operation Law and Order" and commonly referred to as the "troop surge," are intended to increase security and stability in Baghdad and Al Anbar province, and were instituted shortly after Gen. David H. Petraeus assumed command of MNF-I.



Tyco Paying $3 Billion to Settle Lawsuit
Corporate Governance | 2007/05/16 05:05

An agreement by Tyco International Ltd. to settle shareholder lawsuits in a massive corporate fraud case puts the industrial conglomerate on firmer ground as it prepares to split into three companies.

Tyco said Tuesday it had agreed to set up a $2.975 billion cash fund to pay claims filed by shareholders against the company arising from actions by ex-chief executive L. Dennis Kozlowski and other top officers convicted of looting Tyco and inflating its value.

The company said it would take a charge of that amount during the current quarter. Tyco spokesman Paul Fitzhenry said the company also would pay interest on the $2.975 billion and turn over half of any money it recovers from ongoing lawsuits against Kozlowski, former Chief Operating Officer Mark Swartz and former board member Frank Walsh.

"With this settlement, we are taking an important step to resolve our most significant remaining legacy legal matter," Chairman and Chief Executive Ed Breen said in a statement. "Our balance sheet and cash flow remain strong and will allow us to readily absorb these costs while removing much of the uncertainty around legacy legal matters."

Investors, including union and state pension funds and Tyco retirees, were permitted last summer to proceed with a consolidated class-action lawsuit in the U.S. District Court in New Hampshire, where Tyco was formerly headquartered. The settlement still must be approved by the largest shareholders and the court.

The settlement covers shareholders from December 1999 to June 2002 and, in some of the consolidated cases, investors who owned stock starting in October 1998, the company said.

Tyco's share price rose 19 cents to $32.38 Tuesday.

Tyco is breaking up into three publicly traded companies: Tyco Healthcare, which will be renamed Covidien and based in Mansfield, Mass.; Tyco Electronics, to be based in Berwyn, Pa., near Philadelphia; and Tyco International, which will remain in New Jersey and include the fire and security and engineered products units. The breakup has been delayed twice, but is now slated for the end of June. Each company will assume a portion of the settlement debt.

Lawyers for the shareholders said the settlement would top $3 billion with interest, making it the largest payout ever by a single corporate defendant in a securities fraud lawsuit.

"This is a fantastic resolution and closes a chapter on one of the largest and most appalling examples of corporate fraud in U.S. history," said Jay Eisenhofer, managing partner at Grant & Eisenhofer.

Total settlements involving securities fraud lawsuits against Enron Corp. ($7.1 billion) and WorldCom Inc. ($6.1 billion) were larger, but those companies are now bankrupt and the payments were made primarily by outside co-defendants including investment banks and auditors. Cendant Corp. agreed to settle a shareholder lawsuit for $2.83 billion in December 1999.

"This is a settlement of historic proportions for the investors who suffered significant financial losses and it also sends a strong message to those who would engage in this type of misconduct in the future," said Richard Schiffrin, of Schiffrin, Barroway, Topaz & Kessler.

Shareholder claims against the company's former auditor, PricewaterhouseCoopers LLP, are still pending, so the total amount recovered by shareholders could be larger, Eisenhofer said. Tyco also has agreed to assign its claims against PricewaterhouseCoopers to the shareholders, who will pursue them "vigorously" alongside the shareholders' existing claims, Eisenhofer said.

"The fraud couldn't have taken place without them. They totally abdicated their responsibility as independent auditor, and had they performed as they should have, this fraud wouldn't have taken place," he said.

PricewaterhouseCoopers spokesman David Nestor declined to comment.

The portion of the settlement that will go toward attorneys' fees has not been determined yet because that portion of the lawsuit is still pending, Eisenhofer said.

Kozlowski and Swartz were convicted in a New York State court in 2005 of multiple counts of grand larceny, conspiracy, securities fraud and falsifying business records.

Prosecutors said the two conspired to defraud Tyco of $600 million to fund their extravagant lifestyles. They were sentenced in September 2006 to eight to 25 years in prison. A judge refused to release them on bail while they appeal.

The shareholders' lawsuits alleged the company misrepresented the value of Tyco and companies it acquired under Kozlowski's leadership in a giant accounting fraud scheme, causing losses estimated at $1 billion to $2 billion.

Tyco makes everything from telecommunications equipment to home alarm systems. The company, which is registered in Bermuda, was run from Exeter at the time of the alleged fraud. It now operates from West Windsor, N.J.



Class-action lawsuit filed in pet food recall
Class Action | 2007/05/16 04:38

The pet-food recall that included more than 100 types and resulted in the death of more than a dozen cats or dogs has spawned the first class-action lawsuit against manufacturers, including Cincinnati-based Procter & Gamble Co. P&G, which makes Iams and Eukanuba pet foods, was among those named as defendants in a lawsuit announced by a Miami law firm late Tuesday. Wet pet foods made by Iams and Eukanuba were among those recalled earlier this year after tainted pet food was linked to a third-party manufacturer, Menu Foods.

Investigators have said the problem comes from tainted wheat gluten imported from China.

The lawsuit, filed in U.S. District Court for the Southern District of Florida on behalf of three cat and dog owners in Michigan and Florida, names 15 food companies and retailers as defendants, including Menu Foods, P&G and Wal-Mart Stores Inc.

In a press release, the law firm said the companies have spent $300 million a year in marketing campaigns that misrepresent the contents of their pet foods.

An Iams spokesman could not immediately be reached for comment.



Casper woman pleads not guilty to murder charge
Criminal Law | 2007/05/16 04:06

A Casper woman who allegedly told investigators that she killed her boyfriend "because his life was so bad" pleaded not guilty this morning (Tuesday morning) to a charge of first-degree murder. Dawn M. Rock could be sentenced to life in prison if she's convicted. The Casper Star-Tribune reported on its Web site that Natrona County District Attorney Michael Blonigen said in court this morning that he will not pursue the death penalty.

According to court documents, the 34-year-old Rock told police she shot 36-year-old Kenneth Walkinshaw at their home in March after he complained about how bad his life was.

Police say the couple had argued earlier, and that Rock said Walkinshaw had tried to choke her.



Lawyer arrested for allegedly defrauding client
Law Center | 2007/05/16 02:36

A lawyer who is a former Washington County public defender was arrested Tuesday on a charge he stole $12,000 from a client, State Police said. Joseph H. Oswald, 52, of Main Street, Fort Edward was charged with a felony count of third-degree grand larceny for allegedly cashing a settlement check the client received in December and not forwarding the money to either the client or Washington County, which had placed a lien on the money to repay Medicaid expenses, police said.

State Police began investigating the case after receiving information from the Washington County attorney's office indicating that the settlement money may have been improperly used.

State Police Senior Investigator Thomas Aiken said the client had been hurt in a car crash, but had been on Medicaid. The county had placed a lien against the check, but never received the money despite the check being cashed in December.

"They were owed compensation (by the client) but they never got it," Aiken said. "The bulk of it (the check) was supposed to go to the county, with whatever was left over going to the client."

Washington County Attorney Roger Wickes was not available Wednesday morning.

The arrest is the latest legal problem for Oswald, who was Washington County public defender for 3.5 years until resigning in August 2005, days before he was arrested on a bad check charge. That charge was later dropped.

He was arrested last summer on a charge he burglarized a female acquaintance's home in Kingsbury, but said recently that the felony charge in that case was dropped. He also was ordered to spend 15 days in Washington County Jail last month for not paying $11,000 in child support.

Oswald was free on bail Wednesday but could not be reached for comment Wednesday. The phone number listed for his law office was disconnected as of Wednesday morning.



State suspends law license of Cincinnati lawyer
Legal Business | 2007/05/16 02:34

A disciplinary arm of the Ohio Supreme Court has temporarily suspended the law license of a Cincinnati attorney who was addicted to marijuana and cocaine.

Ken Lawson has handled many high-profile civil rights cases in Cincinnati.

He acknowledges that he was addicted to drugs for years and that it affected his job performance. Several clients have sued him, accusing him of mishandling their cases and failing to show up for court dates.

The Supreme Court's disciplinary counsel is reviewing a complaint filed by the Cincinnati Bar Association. The case could take months to complete.

The court could decide to revoke Lawson's license permanently.

Lawson says he's been clean since February First and is participating in a rehab program.



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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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