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Judge Considers $30M Dairy Antitrust Settlement
Court Watch |
2011/04/18 09:51
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A federal judge in Vermont is considering moving forward with a partial settlement of an anti-trust lawsuit in which national dairy processor Dean Foods would pay some northeast dairy farmers $30 million.
But U.S. District Court Judge Christina Reiss said Friday she may defer a decision on part of the settlement that would require Dean Foods of Dallas to change its milk-buying practices in the region for 30 months by buying milk from independent farmers, a controversial provision that the plaintiffs say would jump start competition but a national dairy cooperative says would harm some farmers.
"I am likely to sever the settlement," Reiss told lawyers during a hearing on Friday.
Farmers have complained for years that Dean, the cooperative Dairy Farmers of America and its marketing affiliate Dairy Marketing Services have come to dominate the milk-buying market and have held down prices paid to farmers.
By agreeing to the settlement, Dean Foods does not admit any liability and "continues to maintain that it has not broken any laws," Dean Foods' attorney Paul Friedman said Friday.
It settles a class action lawsuit filed in 2009, which means 5,000 to 10,000 farmers could get a share of the settlement.
During the more than two-hour hearing, both sides urged Reiss to approve the deal, which plaintiff lawyer Kit Pierson said was "reached after extraordinarily difficult negotiations with Dean Foods."
But DFA and DMS, which are also named as co-defendants in the class-action lawsuit but are opposed to the settlement, said the provision in which Dean Foods would get 10 to 20 percent of the raw milk it buys for plants in Lynn and Franklin, Mass., and in East Greenbush, N.Y., from sources other than DMS for 30 months takes business away from their farmers and gives it to someone else.
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Del. Judge Approves Class Action Lawsuit Against Bradley
Class Action |
2011/04/18 09:51
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A Delaware judge will allow a class action lawsuit in the case of accused pedophile pediatrician Earl Bradley.
New Castle County Superior Court Judge Joseph R. Slights III approved class action status on April 6, according to the court. The judge's orders are sealed for now, leaving many details unclear.
The move will allow apparent victims to combine dozens of civil lawsuits against Bradley, former employer Beebe Medical Center and three doctors accused of failing to report suspicions of misconduct: James P. Marvel, Carol A. Tavani and Lowell F. Scott Jr.
Bruce Hudson, an attorney representing the victims, said in an interview last May class action status would require attorneys to contact up to 7,000 former patients.
Hudson, could not be reached on Tuesday, initially said class action status may benefit both sides. The attorney said the courts could set up a compensation system for former patients.
Bradley once worked at Beebe as chief of pediatrics though it does not appear any abuse took place at the hospital.
"We believe the class action approach is an orderly way to move forward," Beebe Vice President Wallace Hudson said in a statement. "We also said from the beginning that the children and their families must have our highest priority."
Hudson would not say how much the hospital's insurance may cover or what the latest move means for the facility's future.
Last summer, Beebe said credit agencies lowered the hospital's credit rating in response to lawsuits.
Law offices in Georgetown said at least 80 civil lawsuits have been filed in the case.
Jury selection for Bradley's criminal trial is set to begin in June in New Castle County.
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Court turns down appeal in murder plot case
Court Watch |
2011/04/18 09:50
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The Supreme Court has rejected an appeal in a murder-for-hire plot after the star prosecution witness forged documents used at trial and lied about his military background.
The court said Monday it will not review a divided appeals court ruling that, by a 6-5 vote, upheld the conviction of Idaho businessman David Hinkson for plotting to kill a federal judge, prosecutor and tax agent. Hinkson is serving a 43-year prison term.
Earlier, a three-judge panel on the San Francisco-based 9th U.S. Circuit Court of Appeals had decided that Hinkson deserved a new trial because the witness, Elven Joe Swisher, lied about his war record, including presenting forged documents.
Swisher later was convicted of defrauding the government of nearly $100,000 in veterans' benefits and wearing unauthorized military medals.
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Democrats criticize hiring of firm for House remap
Legal Marketing |
2011/04/18 07:50
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Democratic lawmakers are raising complaints about Republican House Speaker Jim Tucker's decision to hire a law firm with national GOP ties to submit the state House remap to federal officials.
The head of the House redistricting committee, Democratic Rep. Rick Gallot, said Friday the choice creates the appearance of impropriety because the firm had given the Republican delegation advice about redistricting.
The Senate is using its staff to do its redistricting submission.
Tucker has hired Washington, D.C.-based Holtzman Vogel PLLC to guide the redesign of the 105 House districts to the U.S. Justice Department for review under the Voting Rights Act.
Tucker says he chose a firm with the expertise needed for the complex legal work.
The managing partner of Holtzman Vogel is chief counsel to the Republican National Committee.
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Treasury risks overpaying law firms
Breaking Legal News |
2011/04/16 09:51
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The Treasury Department paid out more than $27 million to law firms overseeing the financial bailouts without requiring detailed bills or questioning the incomplete records that the lawyers provided, a government watchdog says.
Treasury's "current contracts and fee bill review practices create an unacceptable risk that Treasury, and therefore the American taxpayer, is overpaying for legal services," the Special Inspector General for the Troubled Asset Relief Program said in a report issued Thursday.
Treasury could not have adequately gauged whether the fees were reasonable because the records are so sparse, the report says.
The report criticizes so-called "block billing," in which law firms submit "vague and inadequate descriptions of work, and administrative charges — all of which should have been questioned before payment," the report says.
Treasury staff failed to question the charges for work that was described vaguely, the report says.
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Court ruling could mean NJ budget scramble
Court Watch |
2011/04/10 08:57
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Gov. Chris Christie is warning that if the state Supreme Court rules the way it usually does on a long-running school funding case, it could doom other state services. The build-up about the immediate consequences gives the chapter of the court case known as Abbott v. Burke even more significance than many of the 20 other decisions in the case dating back to the 1980s. The question now before the court is whether the state's cuts in aid to schools for the current academic year were so deep that New Jersey didn't live up to its constitutional requirement of providing a "thorough and efficient education" to all students.It's not clear when it might be decided. But lawyers for the state and for children in the poorest school districts filed legal papers last week laying out their sides. Oral arguments are scheduled for April 20. Over the long history of the case, the state Supreme Court has consistently ruled that New Jersey should provide more money to the state's poorest school districts. The rulings have led to free preschools for 3- and 4-year-olds in those cities. Those programs are often cited as national models and given credit for improving test scores of grade-school students. The infusion of money has also brought replacements and repairs for many of their decrepit school buildings, extra help for teaching key areas such as reading. |
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Immigration court: Troubled system, long waits
Legal Spotlight |
2011/04/09 11:56
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Every morning, they don their black robes, take their seats and listen to the pleas of a long line of immigrants desperate to stay in America. The pace is fast, the pressure intense, the stories sometimes haunting. The work, these judges say, is exhausting: "The volume is constant and unrelenting.' ... 'There is not enough time to think.' ... 'Nobody gives a damn about us!' ... 'I know I couldn't do this job if I were not on medication for depression or did not have access to competent psychological care myself.' ... 'I cannot take this place anymore. What a dismal job this is!'" These are the voices of immigration judges who determine the fate of tens of thousands of people every year - illegal border crossers, visa violators, refugees who flee China, El Salvador, Iran and other countries, each making a case to remain here. These judges are at the heart of a bloated immigration court system saddled by explosive growth, a troubled reputation and a record backlog, according to one estimate, of nearly 268,000 cases. The problems are drawing increased scrutiny of a little-seen world where justice can seem arbitrary, lives can remain in limbo for years - and blame seems to be in abundance.
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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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