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Guantanamo court day for alleged 9/11 mastermind
Uncategorized | 2008/06/05 06:52
The military expects a confrontational hearing when the alleged mastermind of the Sept. 11 terrorist attacks and four alleged confederates are brought before a Marine colonel presiding over their war-crimes tribunal.

At an arraignment scheduled for Thursday, Khalid Sheikh Mohammed was expected to make his first public appearance since being captured in Pakistan in 2003, held in CIA custody at secret sites and transferred to Guantanamo in 2006.

Air Force Brig. Gen. Tom Hartmann, a top tribunal official, told dozens of journalists late Wednesday he expects defense lawyers will robustly argue points with prosecutors and Judge Ralph Kohlmann on behalf of their clients, who face the death penalty.

"Expect to see challenges tomorrow, and the intensity of the process," Hartmann said at a briefing in an abandoned aircraft hangar near the courthouse at this isolated U.S. Navy base.



Attorney General moves to avoid law firm conflict
Legal Business | 2008/06/04 10:24

Newly appointed Ohio Attorney General Nancy Hardin Rogers has shifted job duties for her second-in-command and taken other steps to wipe out any perceived conflicts of interest with two law firms.

Rogers, the former Ohio State University law dean who was appointed attorney general a week ago, informed her staff on Tuesday that Thomas Winters, first assistant attorney general, would be shifted to chief deputy attorney general. Rogers made the shift because both she and Winters have ties to Vorys Sater Seymour and Pease LLP, Central Ohio's largest law firm. Vorys, which handles a number of cases for the attorney general's office, employs Rogers' husband, Douglas, and was where Winters worked before joining former AG Marc Dann's staff last year.

With both top staffers in the office associated with the firm, a change had to be made, spokesman Jim Gravelle said. Before Dann resigned from office May 14, Winters - the only other employee permitted to handle attorney general's duties under state law - could step away from any case involving Vorys.

The office doesn't consider Winters' new post a demotion as he's still the chief lawyer for legal and law-enforcement matters, Gravelle said. Sheryl Creed Maxfield, a 24-year veteran of the office, will take the first assistant's post.

Rogers on Tuesday said Maxfield has the discretion to continue or discontinue cases Vorys handles, but the office will halt any new special-counsel appointments with the firm.

While the attorney general's office has no current association with Pittsburgh-based Buchanan Ingersoll and Rooney PC, which employs Rogers' daughter, Jill Spiker, the office won't contract the firm until Rogers steps down as attorney general or the Ohio Ethics Commission makes a formal ruling regarding a potential conflict of interest.

Rogers' actions Tuesday put any issues or contracts related to Ohio State, Vorys and Buchanan Ingersoll squarely in Maxfield's charge.




Court limits Merck monitoring in Vioxx case
Court Watch | 2008/06/04 10:22
Drugmaker Merck & Co. is not liable for the medical monitoring of Vioxx users not claiming injury, the New Jersey Supreme Court ruled Wednesday.

The 5-1 ruling by the state's highest court means a class-action lawsuit by people who used the once-popular painkiller will be dismissed. One justice did not participate.

The lawsuit was filed by Vioxx users who claim they have no immediate symptoms but that use of the drug gives them a greater risk of developing illness. So they want diagnostic testing to uncover any hidden or developing problems.

Because they aren't claiming they have an injury, they aren't eligible for the settlement Merck announced in November. Merck agreed to pay $4.85 billion to settle thousands of U.S. personal injury lawsuits involving a heart attack, stroke or death. Some 45,000 eligible claimants had initiated enrollment as of March 31.

The high court said that since the Vioxx users in the case don't claim injury, they "cannot satisfy the definition of harm" in seeking medical monitoring under the state's Product Liability Act.

In dissent, Justice Virginia A. Long argued that the law encompassed a broad definition of harm, and includes the concept that an "increased risk of injury that creates a need for medical surveillance" is a recognizable harm.



Calif. court refuses to stay gay marriage ruling
Breaking Legal News | 2008/06/04 08:20
California's highest court has refused to stay until after the November election its decision legalizing same-sex marriage in the state.

Conservative religious and legal groups had asked the California Supreme Court to stop its order from becoming effective until voters have the chance to weigh in on the issue.

An initiative that would amend the state constitution to ban gay marriage has qualified for the ballot. Its passage would overrule the court's decision.

The Supreme Court says its ruling will be final at 5 p.m. on June 16.

Wednesday's denial clears the way for gays and lesbians in the nation's most populous state to get married starting June 17, when state officials have said counties must start issuing new gender-neutral marriage licenses.



World Court to rule in Djibouti suit with France
International | 2008/06/04 06:22
The U.N.'s high court was poised to rule Wednesday on Djibouti's demand that France hand over its investigative file on the 1995 murder of a French judge, whose charred corpse was found in a ravine in the former French territory.

Senior Djiboutian officials have been implicated in the case and the judge's widow has accused the east African country's president of ordering her husband's murder.

President Ismael Omar Guelleh has denied the charge and in turn accused France of trying to destabilize his country.

In the world court case, Djibouti has argued that France violated two bilateral cooperation agreements by withholding evidence about the death of the magistrate, Bernard Borrel, who was an adviser to the Djibouti Justice Ministry.

Djibouti, which hosts France's largest military base in Africa, also has claimed immunity for two senior officials sought by a French investigating magistrate in the case for allegedly bribing witnesses.

In addition, France has asked to question Guelleh but has conceded the president cannot be summoned against his will.



Judge orders Yahoo investor lawsuit made public
Venture Business News | 2008/06/03 09:08

An investor lawsuit against Yahoo Inc's board over its rebuff of Microsoft Corp's $47.5 billion buyout bid was made public by a judge on Monday who said that Yahoo had not shown good reason to keep it confidential.

A copy of the unsealed complaint, and a letter from Delaware Chancery Court Judge William Chandler explaining his decision, were posted on the Web site of law firm Bernstein Litowitz Berger & Grossmann LLP, which represents investors in the case.

"I conclude that defendants have not satisfied their burden to show good cause for the continued filing of the portions of the complaint under seal," the judge wrote.



AT&T settles lawsuit over cellphone fees
Court Watch | 2008/06/03 09:07

AT&T Inc will offer refunds to customers who have been charged for third-party cellphone content, including ringtones, news and other alerts, as part of a settlement of a group of class-action lawsuits, court papers available online show.

The top U.S. phone company's wireless unit AT&T Mobility agreed to refund third-party mobile content fees that it billed from Jan. 1, 2004 through May 30 this year, the papers show.

The plaintiffs had accused AT&T Mobility of charging its wireless subscribers for unauthorized third-party mobile content. Similar lawsuits are pending in state and federal courts nationwide, the papers show.



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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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