|
|
|
Explorer class action may hit Ford hard
Court Watch |
2007/05/30 06:37
|
A lawsuit set for trial next month in Sacramento, Calif., claims Ford Motor Co. deceived consumers about the safety of its Explorer sport-utility vehicles and threatens more than $2 billion in profits Ford earned from Explorers built in the 1990s and sold in California. The class action, brought on behalf of more than 414,000 Explorer buyers, is so large that it puts the automaker at risk of collapse, a Ford defense lawyer said last week after a final pretrial hearing. The trial is scheduled to start Monday before Superior Court Judge David DeAlba, who will decide the case without a jury. Ford lost $12.7 billion last year, said Malcolm Wheeler, a Denver attorney who heads Ford's trial team. "This is a company that has had to lay off thousands of employees, a company struggling with a $3.5-billion negative net worth," Wheeler said. Tab Turner - a Little Rock, Ark., lawyer who pioneered SUV rollover lawsuits - will be the plaintiffs' lead trial counsel in the Sacramento case. "This vehicle is one of the most dangerous vehicles ever produced in this country," said Turner, who first brought SUV rollover lawsuits involving the Ford Bronco II and Explorers. Marketed as a replacement for family station wagons, the Explorers built in the 1990s have a tendency to flip over during evasive maneuvers at speeds over 40 mph, he said. Ford knew of the Explorer's problems but decided it was more profitable to produce the vehicle without changing its design, he said. The class of plaintiffs includes California residents who bought, owned or leased a 1991-2001 model-year Ford Explorer, new or used, between 1990 and Aug. 9, 2000. The plaintiffs' attorneys claim Ford's deception cost the state's car buyers about $500million because the value of their vehicles fell once the alleged defects became widely known. In addition, the plaintiffs are seeking a return of profits Ford earned from its alleged wrongdoing. According to the plaintiffs' lawyers, Ford reaped profits of $2.135 billion on sales in California from 1990 to 2000. Ford lawyer Wheeler said it was the tires, not the Explorers, that were the problem and plaintiffs' lawyers were simply trying to extract millions more from Ford. He said the Explorer had been deemed safe by Consumer Reports magazine and the National Highway Traffic Safety Administration. Out of 32 Explorer product-liability cases that had gone to trial, Ford had won 26 of them, he said. |
|
|
|
|
|
Politics at heart of law firm dispute
Law Center |
2007/05/30 06:32
|
An unusual vote on an issue perceived by many to be intensely political has once again sparked controversy over who the District 209 Board of Education turns to for legal advice. During its regular monthly meeting on May 21, the board voted to dump the law firm Odelson and Sterk, and instead, retain the services of Giglio and Del Galdo. Both firms have donated bundles of cash to campaign efforts by board President Chris Welch and Melrose Park Mayor Ron Serpico, a major backer of Welch and Welch's political ally, Cook County Recorder of Deeds Eugene Moore. Aside from the tangled web of political connections, the method by which Giglio and Del Galdo was hired is causing rumblings, as well. When the motion to hire the firm was made, it failed in a tie vote with board Secretary Sue Henry abstaining. After moving on to other business and without holding any further public discussion on the issue, Welch announced that Henry and another board member had changed their vote, thus awarding the district's business to Giglio and Del Galdo. The vote to dismiss the law firm of Odelson and Sterk was taken prior to deciding whether to retain Giglio and Del Galdo. Both Henry and school board newcomer Robin Foreman said they changed their votes after realizing the district was left without a law firm to represent its interests. Henry, an employee of Moore's at the county office, didn't explain specifically why she initially abstained. "I just felt pushed at the time the vote was going down," Henry said. Robert Cox, a newly elected board member from Forest Park, voted to bring in the new legal firm largely out of fiscal concerns, he said. Based on information provided by the superintendent, Cox said he understood that Odelson and Sterk was attempting to bilk the district out of money. "Basically, they were billing for services that weren't requested but were being handed down," Cox said. Superintendent Stan Fields declined to comment on the bills received by Odelson and Sterk, but said that changing law firms was a "business decision" in an effort to get a better value. "During my nine month tenure I came to the conclusion that the school district would be better served with a different general counsel," Fields said. A phone call to a managing partner in the law firm, Burt Odelson, was not returned. Dating back to 1999, Burt Odelson and his managing partner Mark Sterk, have donated more than $19,700 to Proviso's school board president and his political allies, according to campaign filing records maintained by the state. District 209's Director of Auxiliary Programs Kyle Hastings has taken in more than $14,000 in campaign money from the firm, according to the same state records. Hastings is also the mayor of Orland Hills. Though less prolific, the managing partners of Giglio and Del Galdo have also been generous with area politicos. Since 2002, Joseph Giglio and Michael Del Galdo have given $19,500 to Serpico's campaign efforts and $1,500 to Welch. Illinois campaign disclosure records indicate the firm has given no money to Moore, the county recorder of deeds. Welch, the school board president, did not return several phone calls seeking comment. A little more than one year ago, the District 209 board wrestled with this very proposal, though no vote was taken at the time. At that meeting in April of 2006, board members accused one another of playing politics. In 2006, board member Charles Flowers said he had reservations with both law firms. "I was all for firing (Odelson and Sterk), but I certainly wasn't interested in bringing in more crooked people," Flowers said after last year's debacle. At the May 21 board meeting, Flowers voted to dismiss Odelson and Sterk, and then voted against hiring Giglio and Del Galdo. After board members Foreman and Henry reversed their original votes on whether to hire the new firm, Flowers was joined only by Theresa Kelly in the minority. |
|
|
|
|
|
Google pushing to make inroads into South Korea
Venture Business News |
2007/05/30 06:19
|
The world's top Internet search engine Google Wednesday stressed its determination to make greater inroads into South Korea where some 70 percent of homes have high-speed Internet access but many prefer local service providers. "It's obvious to me that Korea is a great laboratory of the digital age," said Google chairman Eric Schmidt, praising its high level of broadband and wireless Internet access. Schmidt announced the launch of a new modified Korean-language search site to help beat local rivals during a keynote speech to the Seoul Digital Forum. "Google is in Korea because Korea is important and our commitment and the scale we're going to operate in is just beginning." The California-based IT colossus has been less successful in South Korea than elsewhere in the world. The fresh site deviates from the previous version, which featured just a simple search box, by adding graphics features -- an animated main menu and product buttons -- above and below the box. Google launched a Korean-language search site in 2000 but has been striving to boost its presence against competition from local firms like Naver. South Korean users say their needs are better met by Naver -- run by the country's largest portal NHN -- and other local search engines. Lee Won-Jin, head of Google Korea, said his unit had spent years learning from local rivals about users' needs. "We think we are ready now to provide a service to meet their needs." Google opened a research and development center here in 2006. Schmidt on Tuesday met Seok Jong-Hun, head of South Korea's second-largest portal Daum Communications, to discuss ways to expand a burgeoning partnership, especially in the fast growing online video content market. Google and Daum agreed last December to cooperate in the online advertisement market. Daum is running Google's cost-per-click search ads, one of the fastest-growing types of Internet advertising. Daum is now also interested in using the content on Google's YouTube, the world's most popular online video-sharing service. Daum says it controls a quarter of South Korea's video content market and is in a tight race with rival Pandora TV to become the leader. Schmidt said in his speech that Google's technological evolution and business success would continue. "I think the Internet is a platform. I think Google is everywhere," he said. "A goal, we could say, will be one -- Google is as ubiquitous as brushing your teeth. The platform of information is always available to you whatever you are doing." He said Google's proposed 3.1 billion dollar takeover of online ad firm DoubleClick would be clinched by the end of this year, dismissing concerns over the US Federal Trade Commission's scrutiny of the deal. He said Google could help make society more transparent and democratic through providing better and greater public access to information. "The impact of citizens having more information is overwhelmingly positive," he said. "I can imagine a product that would simply tell you whether it is a politician who is telling the truth because Google can remember what that politician said." |
|
|
|
|
|
Cheney lawyer wants visitor logs destroyed
Breaking Legal News |
2007/05/30 05:34
|
A lawyer for Vice President Dick Cheney told the Secret Service in September to eliminate data on who visited Cheney at his official residence, a newly disclosed letter states. The Sept. 13, 2006, letter from Cheney's lawyer says logs for Cheney's residence on the grounds of the Naval Observatory are subject to the Presidential Records Act. Such a designation prevents the public from learning who visited the vice president. The Justice Department filed the letter Friday in a lawsuit by a private group, Citizens for Responsibility and Ethics in Washington, seeking the identities of conservative religious leaders who visited Cheney at his official residence. The newly disclosed letter about visitors to Cheney's residence is accompanied by an 18-page Secret Service document revealing the agency's long-standing practice has been to destroy printed daily access lists of visitors to the residence. Separately, the agency says it has given Cheney's office handwritten logs of who visits him at his personal residence. Because of pending lawsuits, the Secret Service says it is now keeping copies of all material on visitors to Cheney's residence. According to the Secret Service document, Cheney's office has approved the agency's retention of the records, while maintaining they are presidential records subject to Cheney's control. ''The latest filings make clear that the administration has been destroying documents and entering into secret agreements in violation of the law,'' said Anne Weismann, CREW's chief counsel. |
|
|
|
|
|
Class Action Suit Planned Against Casey's
Class Action |
2007/05/30 03:34
|
Two former assistant managers at Casey's General Stores say the convenience store chain didn't pay them overtime wages. Kristina Jones and Kim Marrs say they plan to file a class action lawsuit in U.S. District Court in Sioux City today. They claim the Ankeny-based chain didn't pay them for working off-the-clock. Jones worked in several Des Moines stores, while Marrs worked at two stores in Missouri. Their attorney, Scott Peters of Council Bluffs, says there could be hundreds of other people who may qualify for the class action suit. Casey's operates about 1,500 stores in nine states. |
|
|
|
|
|
Bush Attacks Immigration Deal Opponents
Politics |
2007/05/29 11:23
|
President Bush attacked opponents of an immigration deal Tuesday, suggesting they "don't want to do what's right for America." "The fundamental question is, will elected officials have the courage necessary to put a comprehensive immigration plan in place," Bush said against a backdrop of a huge American flag. He described his proposal which has been agreed to by a bipartisan group of senators as one that "makes it more likely we can enforce our border and at the same time uphold the great immigrant tradition of the United States of America." Bush spoke at the nation's largest training center for law enforcement. He chose the get-tough setting as conservative critics blast a Senate proposal as being soft on people who break the law. Hoping to blunt that message, Bush emphasized that any new options for immigrants and foreign workers would not start until tougher security is in place. The presidential stop came during a congressional recess, with senators back home and facing pressure from the left and right on the immigration plan. Bush's aim is to build momentum for the legislation, perhaps his best chance for a signature victory in his second term. The Senate expects to resume debate on it next week. "A lot of Americans are skeptical about immigration reform, primarily because they don't think the government can fix the problems," Bush said. "And my answer to the skeptics is: give us a chance to fix the problems in a comprehensive way that enforces our border and treats people with decency and respect. Give us a chance to fix this problem. Don't try to kill this bill before it gets moving," Bush told students and instructors at the Federal Law Enforcement Training Center. Bush repeatedly cast the matter as one of political courage. "Those determined to find fault with this bill will always be able to look at a narrow slice of it and find something they don't like," the president said. "If you want to kill the bill, if you don't want to do what's right for America, you can pick one little aspect out of it. "You can use it to frighten people," Bush said. "Or you can show leadership and solve this problem once and for all." The bill would give temporary legal status to millions of unlawful immigrants, provided they came forward, paid a fine and underwent criminal background checks. To apply for a green card, they would have to pay another fine, learn English, return to their home country and wait in line. The plan also would create a guest worker program. It would allow foreign laborers to come to the U.S. for temporary stints, yet with no guarantee they can eventually gain citizenship. Both the new visa plan and the temporary worker program are contingent on other steps coming first. Those include fencing and barriers along the Mexico border, the hiring of more Border Patrol agents and the completion of an identification system to verify employees' legal status. The legislation would also reshape future immigration decisions. A new point system would prioritize skills and education over family in deciding who can immigrate. Georgia's senators both played leading roles in producing Bush's deal with the Senate. Yet they have also said they may not support the final bill, depending upon how it is amended. Bush chastised those who say the proposal offers amnesty to illegal immigrants. He called it empty political rhetoric. |
|
|
|
|
|
Court limits gender pay discrimination lawsuits
Court Watch |
2007/05/29 11:13
|
The US Supreme Court ruled Tuesday that an employee cannot bring a lawsuit for pay discrimination under Title VII of the Civil Rights Act of 1964 for allegedly discriminatory actions that occurred outside the statutory limitations period even when a paycheck is received during the statutory limitations period. In Ledbetter v. Goodyear Tire & Rubber Co., Lilly Ledbetter, who worked at Goodyear for 19 years, alleged that she received less pay than male counterparts because of sex discrimination. The district court awarded Ledbetter $360,000 in damages but the US Court of Appeals for the Eleventh Circuit reversed, holding that the district court should have granted Goodyear's motion for judgment as a matter of law because the statute required Ledbetter to file her complaint with the Equal Employment Opportunity Commission (EEOC) within six months of the alleged illegal employment practice. The Supreme Court affirmed the federal appeals court, rejecting Ledbetter's argument that each paycheck issued violated Title VII, triggering a new six-month EEOC filing period. The Court held that "a pay-setting decision is a discrete act that occurs at a particular point in time" and that the statutory period for filing an EEOC claim begins when that discrete act occurs. Read the Court's 5-4 opinion per Justice Alito, along with a dissent from Justice Ginsburg. |
|
|
|
|
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. |
Law Firm Directory
|
|