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Democrats seek Gonzales no confidence vote
Legal Business |
2007/06/11 08:20
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| While Attorney General Alberto Gonzales is in Florida Monday addressing a terrorism law enforcement conference in Miami, Senate Democrats in Washington, D.C., are forcing a vote by their Republican colleagues on a resolution expressing no confidence in America's top law-enforcement official. The resolution itself is only one sentence: "It is the sense of the Senate that Attorney General Alberto Gonzales no longer holds the confidence of the Senate and of the American people." No one is predicting that a symbolic resolution expressing no confidence in Gonzales will survive even the test vote Monday. Most Republicans are likely to vote no, dismissing the whole exercise as a ploy to embarrass President Bush. "I'm not going to comment on the kind of job" Gonzales has done, Sen. Jon Kyl, R-Ariz., said Sunday on CNN's "Late Edition." "The vote is whether we should take a vote to express a lack of confidence by the Senate. That's wrong." At the same time, not many of the Senate's 100 members have been supportive of Gonzales after the attorney general told a Senate committee dozens of times that he could not recall key details about the firing of eight federal prosecutors. White House spokesman Tony Snow brushed off the impending vote. "There's an attempt to sort of pull this thing like a piece of taffy and looking if there's any political advantage in it. There's not," Snow said on "Fox News Sunday." Democrats say it's only right for senators to go on record, since five Republicans have called outright for Gonzales' dismissal and many more of the president's party have said in public comments that they have lost confidence in him. |
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Court to focus on vaccine, autism Monday
Breaking Legal News |
2007/06/11 07:34
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| Thousands of families that allege vaccines caused their children's autism are preparing for their day in court, which could bring them vindication and compensation. Since 1999, more than 4,800 families have filed claims with the government alleging their children developed autism as a result of routine vaccinations. Most contend that a preservative called thimerosal is to blame for the impaired social interaction typical of the disorder. Previously, large scientific studies have found no association between autism and vaccines containing thimerosal. But many parents say their children's symptoms did not show up until after their children received the vaccines, required by many states for admission to school. If they prevail in the courts, the families are entitled to compensation from a multibillion-dollar trust fund. The first of what eventually could be nine test cases from those claims is the subject of the hearing opening Monday in the U.S. Court of Federal Claims. Three special masters appointed by the court will preside over the hearing, expected to last through June 29. The court is being asked to decide whether there is a link between autism and childhood vaccines. If it finds one exists, the families could be eligible for compensation under the Vaccine Injury Compensation Fund, a program established by Congress to ensure an adequate supply of vaccines by safeguarding manufacturers from lawsuits. Under the program, people injured by vaccines receive compensation through a special trust fund. Autism is characterized by impaired social interaction. Those affected often have trouble communicating, and they exhibit unusual or severely limited activities and interests. Classic symptoms of mercury poisoning include anxiety, fatigue and abnormal irritation, as well as cognitive and motor dysfunction. Monday's case addresses the theory that the cause of autism is the measles, mumps and rubella vaccine in combination with other vaccines containing thimerosal. The preservative, about 50 percent mercury by weight, is no longer found in routine childhood vaccines but is used in some flu shots. In July 1999, the U.S. government asked vaccine manufacturers to eliminate or reduce, as expeditiously as possible, the mercury content of their vaccines to avoid any possibility of infants who receive vaccines being exposed to more mercury than is recommended by federal guidelines. |
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Court Rules Against Home Care Workers
Breaking Legal News |
2007/06/11 06:35
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| The Supreme Court ruled Monday that home care workers are not entitled to overtime pay under federal law. The unanimous decision upheld a 1975 Labor Department regulation exempting the nation's 1 million home care workers from the protections of the Fair Labor Standards Act. Justice Stephen Breyer wrote that leaving home care workers without overtime protection under the act does not exceed the agency's authority and "courts should defer to the department's rule." The case was brought by lawyers for Evelyn Coke, a 73-year-old retiree who spent more than two decades in the home care industry helping the ill and the elderly. Now in failing health, Coke said her employer never paid her time and a half for all her extra hours on the job. Lawyers for Coke challenged the Labor Department regulation, and the 2nd U.S. Circuit Court of Appeals in New York City ruled in the workers' favor. The appeals court said it was "implausible" that Congress would have wanted the Labor Department to wipe out protection for an entire category of workers. The Labor Department wrote the restrictive regulation after Congress expanded the law's coverage. Paying overtime would cost billions, the home care industry says. In New York City, the annual cost of the Medicaid-funded Personal Care Services Program would rise by at least a quarter of a billion dollars if the appeals court decision is allowed to stand, the city says. The Personal Care Services program pays 90 private companies to send 60,000 home attendants to the homes of low-income elderly and disabled. Coke's former employer, Long Island Care at Home Ltd., says it would experience "tremendous and unsustainable losses" if it had to comply with federal overtime requirements. The Bush administration and the company that employed Coke opposed her lawsuit. If Congress had wanted to apply the law's wage and overtime provisions to such workers, "it easily could have done so," the Bush administration said in papers filed in the case. Instead, Congress assigned the secretary of labor the task of deciding the issue, the administration said. |
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Top court rules against Philip Morris
Law Center |
2007/06/11 06:33
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| The U.S. Supreme Court ruled on Monday that a class-action lawsuit against Philip Morris USA, a unit of Altria Group Inc. (MO.N: Quote, Profile , Research), should not be decided in federal court, handing a defeat to the tobacco company. The justices unanimously reversed a ruling that allowed Philip Morris to transfer the lawsuit to federal court from the Arkansas state court where it initially was filed. At issue is a suit filed against Philip Morris by two Arkansas women alleging that the company engaged in unfair business practices in marketing its low-tar Cambridge Lights and Marlboro Lights cigarette brands. Companies facing class-action lawsuits typically prefer to have those cases litigated in federal courts, where they usually fare better than in state courts. Philip Morris succeeded in having the case moved to federal court, saying it was appropriate because cigarette advertisements had been regulated by a U.S. agency -- the Federal Trade Commission. The move was subsequently upheld by a federal appeals court in St. Louis. The U.S. Justice Department told the Supreme Court that the appeals court's ruling should be overturned. The Supreme Court agreed and reversed the ruling in an opinion written by Justice Stephen Breyer. Breyer said the fact that a federal regulatory agency directs, supervises and monitors a company's activities in considerable detail does not bring that company under the scope of the law that permits removal to federal court. |
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SC high court upholds Zoloft conviction
Legal Business |
2007/06/11 05:36
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| The South Carolina Supreme Court upheld the murder conviction Monday of a teenager who claimed antidepressants led him to kill his grandparents and set their house on fire when he was just 12 years old. The court ruled against several arguments made by Christopher Pittman's attorneys, including the contention that he was denied a speedy trial before he was sentenced to 30 years in prison in February 2005. He was 15 at the time of his sentencing. Three years earlier, he had shot his grandparents, Joe and Joy Pittman, with a pump-action shotgun as they slept, then set fire to their home in Chester County. His attorneys argued unsuccessfully at trial that he was involuntarily intoxicated by the antidepressant Zoloft and didn't know right from wrong. Pfizer Inc., the manufacturer of Zoloft, has said the drug "didn't cause his problems, nor did the medication drive him to commit murder." Zoloft is the most widely prescribed antidepressant in the United States, with 32.7 million prescriptions written in 2003. In 2004, the Food and Drug Administration ordered Zoloft and other antidepressants to carry "black box" warnings — the government's strongest warning short of a ban — about an increased risk of suicidal behavior in children. Christopher Pittman, now 6-foot-2, has attracted attention worldwide. He turned 18 in April and is in an adult prison, where supporters visit him regularly. The case generated outrage that Pittman was held so long before his trial. In October, dozens of supporters and relatives gathered in Columbia as defense attorney Andy Vickery argued before the state Supreme Court that his client's confession was influenced by Zoloft and his youth. |
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Gravity Agrees to Settle Suit for $10M
Securities |
2007/06/11 04:39
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South Korea-based Gravity Co. Ltd., an online game developer, said Monday it and other defendants came to a preliminary agreement to settle a class-action lawsuit for $10 million. The lawsuit pertains to purchases of Gravity's American Depositary Shares between Feb. 7, 2005, and Nov. 10, 2005, and was filed on behalf of Gravity securities buyers. Under the proposed settlement, a $10 million fund will be set up to settle buyers' claims, of which Gravity will pay $5 million. The company said settlement administration and plaintiffs' lawyers' fees and various expenses will be paid from the fund before class-action suit members are paid. Gravity said in a statement that it "has denied and continues to deny any and all wrongdoing in connection with this matter, but believes that given the uncertainties and costs associated with litigation, the settlement is in the best interests of the company and its shareholders."
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Law firm claims rival represented contractor
Legal Business |
2007/06/09 09:01
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A law firm believes a conflict of interest may cost the school district money. Two law firms represent the school district in trying to recover millions of dollars lost through fraud and abuse over several years. One, Saul Ewing LLP, a Princeton law firm, believes the other firm, Schenck, Price, Smith & King LLP of Morristown, has a conflict because it represents one of the parties the district might sue.
From 1998 to 2003, several contractors allegedly defrauded the district by padding bills, charging for incomplete work, receiving double payments and using other tactics. Three former school district employees have so far been prosecuted for their roles in the case and the investigation is ongoing. Schenck Price has filed five lawsuits on behalf of the district since 2004 and recovered about $1.5 million thus far, said Sidney Sayovitz, an attorney for the firm. But Schenck Price also represents Epic Construction Management, Sayovitz confirmed. John Pribish, a Saul Ewing lawyer, sent a letter obtained by the Herald News to the district on Sept. 14, 2006, expressing his concerns. Pribish described Epic Construction as the construction manager during the time when the contractors sued by Schenck Price conducted their work. The Saul Ewing law firm was retained by the district to pursue litigation against Epic. Now Pribish is saying that Schenck Price's representation of either the school district or Epic Construction compromises the law firm's ability to "maintain its duty of loyalty and confidentiality to both clients where the clients' interests are adverse." Michael Glascoe, schools superintendent, was unavailable for comment Friday. Officials from the state Education Department would not comment on the matter. Pribish said the matter is privileged between the attorney and his client, the school district, and would not comment. In his September letter to Glascoe, Saul Ewing attorney Pribish asked to meet with school officials and Board of Education members to discuss the matter further. No one confirmed whether a meeting has been set or ever took place. Sayovitz, the Schenck Price lawyer, believes that his firm is not jeopardizing the district's ability to recoup money. "Everyone understood from the beginning that we could not be involved with Epic. This was all very openly discussed," Sayovitz said Thursday. "Saul Ewing is free to sue Epic. That's why they were retained." Sayovitz said the district informed his law firm to go ahead with its litigation against everybody but Epic. There is no record of any lawsuit being filed in Superior Court in Passaic County against Epic. Mike Azzara, the district's former assistant superintendent for operations in 2002-2005, when both law firms were retained, said Schenck Price notified the district that they could not represent Paterson in anything related to Epic Construction. Azzara is the chief operations officer/treasurer in the Tredyffrin/Easttown school district in Pennsylvania. "So I called around to find out who I could hire for a potential fraud investigation," of Epic, Azzara said Thursday, adding that Saul Ewing was recommended to him. "They knew I was hiring them because there was a conflict with our regular solicitor." Saul Ewing lawyer Pribish wrote that Epic Construction may use the fact that it was not originally named in any lawsuits as a basis to argue that any further suit should be disallowed. The contractors currently being sued could also say that Epic is really culpable, and so the contractors themselves could not be held responsible. Sayovitz said his firm has acted professionally and legally in all matters involving the school district. "If they had filed suit against Epic," Sayovitz said of Saul Ewing, "and said they were intertwined with the other suits, then we would've done what we are required under the rules of professional conduct. We would've walked away."
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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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