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Craigslist lawyer surprised by eBay action
Venture Business News | 2009/12/28 06:35

Craigslist officials were caught off guard when told in 2007 that their minority shareholder, eBay, was going to compete directly with them in the online classifieds business in the U.S., an attorney for Craigslist said Wednesday.

Ed Wes said he was equally troubled by eBay's defiance in the face of Craigslist's subsequent request that eBay divest or sell its 28 percent minority stake because Craigslist was no longer comfortable having the online auction giant as a shareholder.

Wes said eBay attorney Brian Levey warned him in a telephone call after Craigslist asked for divestiture that eBay CEO Meg Whitman's response might be to tell Craigslist to go "pound sand."

"It was as if he knew what the response would be even before Meg responded, even before she saw the e-mail," Wes said. "It was a stunning moment for me."

Wes was testifying in a lawsuit in which eBay is challenging antitakeover measures adopted by Craigslist founder Craig Newmark and CEO James Buckmaster in response to eBay's launch of its Kijiji classifieds site and refusal to sell or divest its shares.

Craigslist contends that eBay was out to control Craigslist despite assurances that it was satisfied with a minority stake, and that it reneged on promises that Craigslist would be eBay's exclusive vehicle in the online classifieds market in the U.S., and that eBay would help Craigslist expand internationally. Craigslist also claims that eBay misused confidential financial information provided by Craigslist to help develop Kijiji.



Lawyer wants charges for Nevada hospital officials
Breaking Legal News | 2009/12/28 05:35

A lawyer for a Las Vegas woman is calling for criminal charges against hospital officials who he says ignored his client in the emergency room so long that she went home and gave birth to a premature baby who died.

Attorney Jacob Hafter on Tuesday accused University Medical Center administrators and nursing officials of criminal neglect for failing to treat 25-year-old Roshunda Abney. He also accused them of involuntary manslaughter in the death of Abney's premature daughter.

Hafter says he doesn't trust the Clark County district attorney to prosecute because the public hospital is owned by the county.

There was no immediate response Tuesday from state Attorney General Catherine Cortez Masto.

A UMC spokesman says the hospital is investigating the Nov. 30 incident, and cooperating with ongoing probes by outside agencies.



Fla. judges, lawyers must 'unfriend' on Facebook
Law Center | 2009/12/28 04:35

Florida's judges and lawyers should no longer "friend" each other on Facebook, the popular social networking site, according to a ruling from the state's Judicial Ethics Advisory Committee.

At least one South Florida judge warned her pals with a Facebook status update that they could be "unfriended," and the ruling has prompted others to do the same. The committee ruled Nov. 17 that online "friendships" could create the impression that lawyers are in a special position to influence their judge friends.

The committee did conclude that a judge can post comments on another judge's site and that during judicial elections, a judge's campaign can have "fans" that include lawyers. And the ruling doesn't single out Facebook.

"Although Facebook has been used as an example in this opinion, the holding of the opinion would apply to any social networking site which requires the member of the site to approve the listing of a 'friend' or contact on the member's site," the opinion said.



Fla. gov: No reason to refuse lawyer's donations
Legal Business | 2009/12/28 03:34
Florida's governor says he saw no reason to investigate a South Florida lawyer charged with operating a $1 billion Ponzi scheme or refuse his political contributions.

Gov. Charlie Crist said Thursday he initially didn't believe rumors about now disbarred attorney Scott Rothstein.

The two were once political allies and friends. Crist attended Rothstein's extravagant wedding. Rothstein helped throw a 52nd birthday party for Crist.

A South Florida Sun Sentinel analysis of campaign contributions shows Rothstein, his legal associates and their families have donated at least $2.8 million to largely Republican political causes since 2006.

Crist, who is running for U.S. Senate, says Rothstein never asked for political favors or anything else in return for his support.



Mich. files suit in US high court over Asian carp
Breaking Legal News | 2009/12/28 01:33

Michigan asked the U.S. Supreme Court on Monday to sever a century-old connection between the Great Lakes and the Mississippi River system to prevent Asian carp from invading the lakes and endangering their $7 billion fishery.

State Attorney General Mike Cox filed a lawsuit with the nation's highest court against Illinois, the U.S. Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago. They operate canals and other waterways that open into Lake Michigan.

Bighead and silver carp from Asia have been detected in those waterways after migrating north in the Mississippi and Illinois rivers for decades.

Officials poisoned a section of the Chicago Sanitary and Ship Canal this month to prevent the carp from getting closer to Lake Michigan while an electrical barrier was taken down for maintenance.

But scientists say DNA found north of the barrier suggest at least some of the carp have gotten through and may be within 6 miles of Lake Michigan. If so, the only other obstacle between them and the lake are shipping locks and gates, which open frequently to grant passage for cargo vessels.

The lawsuit asks for the locks and waterways to be closed immediately as a stopgap measure, echoing a call by 50 members of Congress and environmental groups last week. But the suit goes further, also requesting a permanent separation between the carp-infested waters and the lakes.



Court snubs Star Trek fan's memorabilia lawsuit
Court Watch | 2009/12/24 10:03

A "Star Trek" fan isn't entitled to millions of dollars in damages for buying memorabilia that he says wasn't as out-of-this-world as it seemed, a court said.

Ted Moustakis wasn't promised he was getting a one-of-a-kind plum when he paid $11,400 for a uniform for "Star Trek: The Next Generation" character Data at a 2006 auction, an appeals court said Tuesday.

The court also said Moustakis is due at most a refund for two other purchases he says were fakes: a $6,000 poker visor supposedly worn by Data and a $6,600 table from the show's set.

Auction house Christie's and CBS Consumer Products, which oversees "Star Trek" merchandise, praised the ruling. Moustakis' lawyer didn't immediately return a telephone call.

The longtime Trekkie from Towaco, N.J., has said he was thrilled to get the items — until he showed the visor to the actor who played the android Data, Brent Spiner, at a 2007 fan convention.

Spiner told him the visor wasn't genuine, according to Moustakis' lawsuit. Moustakis said he later found the table also was inauthentic, and the uniform was one of several made for the program. Christie's had led him to believe it was unique, he said.

The state Supreme Court's Appellate Division said the auction catalog didn't represent the costume as one-of-a-kind, and even if the other items weren't as advertised, Moustakis isn't entitled to "the massive recovery he now demands" in his $7 million lawsuit.

Christie's has said it stood behind the authenticity of the auction, tied to the hit show's 40th anniversary.



NY court: Consider harsher sentence in terror case
Breaking Legal News | 2009/12/24 10:03
A federal appeals court in New York City says a judge who sentenced a disbarred lawyer to just over two years in prison should consider a harsher sentence in light of the case's terrorism connection.

The Manhattan federal appeals court on Wednesday reissued its decision upholding the conviction of ex-lawyer Lynne Stewart, saying it has serious doubts whether her sentence of two years and four months is reasonable.

The 70-year-old Stewart was locked up last month after the court said she should begin serving the penalty for her 2005 conviction on charges she let a jailed Egyptian terrorism client's messages reach his followers. The court also directed she be resentenced.

A defense lawyer for Stewart hasn't returned a telephone call from The Associated Press seeking comment. Prosecutors won't comment.



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