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Ex-Tennessee Sheriff Pleads Not Guilty
Criminal Law |
2008/03/06 03:37
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A former county sheriff pleaded not guilty Wednesday to federal extortion, drug and weapons charges that stem from an FBI undercover investigation. Court records show that between April and mid-December, Billy Long, 55, accepted $17,400 in what he was told were payments from convenience store owners "to protect their video poker business and other illegal activity," such as products used to make methamphetamine. Long was arrested Feb. 2. He has since resigned as Hamilton County sheriff and remains in custody at the Bradley County Detention Center. He appeared at a hearing at which U.S. Magistrate Bill Carter set a May 13 trial. In addition to possession with intent to distribute cocaine, Long is charged with extortion, money laundering, providing a gun to a felon and possessing a firearm in furtherance of drug trafficking. A conviction on all charges would carry a minimum prison sentence of 10 years and a maximum sentence of life. Long's attorney, Jerry Summers of Chattanooga, told the judge he intends to seek bond. Summers earlier opted to not seek a detention hearing but said Wednesday it is not practical to prepare for trial with Long in custody 30 miles away. Assistant U.S. Attorney Gary Humble at a previous hearing described the sheriff as a danger to the community. The affidavit said Long also accepted $6,550 in cash as "his payoff to the undercover to a cooperating witness supposedly laundering $625,000 in drug trafficking proceeds." Long was told the drug money was being sent to a funeral home in Mexico hidden in cremation urns. The affidavit said the sheriff in December gave the undercover informant a loaded revolver, knowing the recipient of the gun was a convicted felon and telling him never to say where he got it and to get rid of it if he shot anyone. An FBI agent's affidavit shows Long first told agents he was doing his own investigation, although no one else at the Hamilton County Sheriff's Department knew about it. Chief Deputy Allen Branum is running the department until voters in August elect a successor to finish Long's term. Summers said Wednesday there is no evidence that anyone else in the department was involved in the case. |
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'Elvis' Shows Up at Kentucky Court Drunk
Court Watch |
2008/03/06 03:35
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One central Kentucky Elvis Presley impersonator may be singing "Jailhouse Rock" after showing up for court drunk and dressed like Presley. A Jessamine County District Court judge says 64-year-old David Blaisdell of Lexington must spend three days in jail for contempt of court. Blaisdell was wearing sunglasses and dressed in a rhinestone-studded shirt with a scarf draped around his neck when he was sentenced. County Attorney Brian Goettl said Blaisdell was in court for a pretrial conference on misdemeanor charges of stalking and violating a protective order. Goettl says the judge had Blaisdell tested for intoxication. The result was nearly twice the .08 level at which a person is considered legally drunk in Kentucky. Goettl says Blaisdell told the judge he had had a few drinks the night before his court appearance Tuesday. |
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Pacific Law Center gains new partner
Legal Marketing |
2008/03/06 01:42
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Longtime San Diego criminal defense lawyer Kerry Steigerwalt has taken a majority ownership in Pacific Law Center, which has been the target recently of client complaints.
Steigerwalt will become managing partner of the 30-lawyer firm based in University City. It has been renamed Kerry Steigerwalt's Pacific Law Center. Steigerwalt, a defense lawyer on several high-profile local cases, will have a 51 percent stake in the firm. Robert Arentz, former managing partner, will retain a 49 percent stake. Six lawyers have been let go as a result of the merger of Steigerwalt's firm into Pacific Law Center, which Steigerwalt said should help the law firm erase some of its past problems. The Better Business Bureau has fielded at least 38 complaints against Pacific Law Center – one of the most prolific legal advertisers in San Diego – over the past three years. Lawsuits filed by former Pacific Law Center attorneys allege the firm gave lawyers too large a caseload for them to provide the type of service that the firm advertises. They also allege that the firm emphasized settling cases quickly. Steigerwalt said in an interview yesterday that many of the firm's problems are behind it. "I recognize that Pacific Law Center has had issues in the past," he said. "You will not see any more client service complaints." For Steigerwalt, the move allows him to tap Pacific Law Center's business model for growth. The law firm allows certain criminal defendants to pay legal fees over time instead of requiring large retainers upfront. It has a nationwide clientele. "It's very successful," Steigerwalt said. "They're providing the service to the common guy who can't come up with a big lump sum payment." In addition to criminal defense work, the firm provides bankruptcy and personal injury services. In addition to lawyers, the firm will employ 111 support staff. Arentz formerly was a partner with Jeffrey Phillips, a Phoenix attorney, in Pacific Law Center. Phillips is no longer a partner in the new practice, but Arentz remains a partner with Phillips in an Arizona law firm. Steigerwalt's mass tort – or class-action lawsuit – practice has been transferred to the Arizona firm in an asset swap as part of the transaction. In addition, Steigerwalt operates a 22-employee legal marketing company to promote his firm. That company has been merged into Steigerwalt's Pacific Law Center. "It will market our services locally and nationally, in the larger national markets through the Internet and TV commercials, and locally through TV, magazines and phone books," he said. |
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SEC proposes tougher "naked" short selling rules
Securities |
2008/03/05 08:53
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The U.S. Securities and Exchange Commission on Tuesday proposed tougher rules to curb so-called "naked" short-selling abuses and prevent market price manipulation. SEC Chairman Christopher Cox said regulation SHO, an existing rule partly aimed at short selling abuses, "needs teeth." Short sellers borrow shares they consider overvalued and sell them. If the price drops, they repurchase the shares, return them and pocket the difference. In a naked short sale, the investor sells stock that has not yet been borrowed. The three-member SEC voted unanimously to propose the rule, which targets sellers who intentionally deceive broker-dealers or purchasers about their ability to meet delivery deadlines. Sellers sometimes deliberately fail to deliver securities as part of a scheme to manipulate the stock price. The SEC is seeking public comment on its proposal. |
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ID Lawmakers Push to End Equipment Tax
Law Center |
2008/03/05 07:49
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Dozens of Idaho lawmakers are backing a renewed effort to cut as much as $120 million annually in taxes on business equipment. The House Revenue and Taxation Committee voted Tuesday to debate a bill that would phase out the taxes over five years as long as state revenue grows 4 percent in each of those years. The proposal, which would reimburse local governments for the lost property tax revenue, would not kick in until the 2010 fiscal year. Equipment bought after Jan. 1, 2008, would qualify retroactively. Supporters say the measure, which has 32 co-sponsors including two members of House leadership and two Democrats, could be funded without relying on additional revenue from other sources or programs, a source of contention that killed a proposal last year. "We would be paying for the bill with growth in government," committee Chairman Dennis Lake, R-Blackfoot and one of the co-sponsors, told The Associated Press on Tuesday. Idaho businesses now pay personal property tax each year on everything from forklifts to office equipment. Companies such as J.R. Simplot, the agriculture giant, and TableRock BrewPub & Grill in Boise have demanded a repeal of the tax, saying it's hard to calculate and stunts economic growth. Last year, the House passed a bill to eliminate as much as $100 million of the taxes, but Senate lawmakers blocked it. That seemed to be a likely fate again for any personal property tax bill this year after the House tax committee in January rejected five measures that would have repealed millions of dollars in Idaho sales tax exemptions. Senate lawmakers who killed last year's bill suggested that elimination of the personal property tax should depend on dumping some of those tax exemptions, thus creating additional revenue. They also favored a discussion of the personal property tax bill within the broader context of Idaho's complicated system of tax breaks. Sen. Brent Hill, R-Rexburg and chairman of the Senate Local Government and Taxation Committee, said this year's personal property tax proposal seems to be well crafted, since it puts the plan on hold if the economy is not strong enough to bring in sufficient revenue to pay for the phaseout. "If it gets through the House, I think there's a good chance it'll get through the committee," Hill said. |
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Millions Awarded in Jackson Taping Suit
Legal Business |
2008/03/05 07:42
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The owner of a air charter service was ordered to pay attorney Mark Geragos and an associate several million dollars for ordering the secret videotaping of Michael Jackson and the lawyers as they flew with the pop star to his surrender on molestation charges in 2003. According to court papers obtained Monday, Superior Court Judge Soussan G. Bruguera ordered XtraJet owner Jeffrey Borer and his company to pay Geragos at least $10 million and possibly up to $18 million in compensatory and punitive damages. Geragos' colleague Pat Harris was awarded between $1.25 million and $2.25 million in damages. The amount of damages is dependent on whether both the company and Borer are separately responsible for punitive damages, or just Borer. Geragos' legal team claims the former, while Borer's claims the latter. A court spokeswoman was not immediately able to clarify the discrepancy. "Defendant Borer was the mastermind behind a scheme to desecrate and exploit sacred attorney-client communications for personal profit," Brugera wrote in the 21-page judgment filed Friday. Geragos' and Harris' attorney Brian J. Kabateck said he was pleased with the decision. "This is an important day for lawyers who generally represent celebrities and high profile people," he said. Borer's lawyer, Lloyd Kirschbaum, said his client will appeal. He contended the attorney-client relationship could not have been breached because the video recording did not have sound. "There was not any sound," he said. "You can't intercept a communication without sound." Borer and co-defendant Arvel Jett Reeves pleaded guilty last year to felony counts of conspiracy. They acknowledged they installed two digital video recorders in a Gulfstream jet that flew Jackson from Las Vegas to Santa Barbara. XtraJet, which was based in Santa Monica, California, has since gone bankrupt, according to Kirschbaum. Reeves was sentenced to eight months in prison. Borer was sentenced to six months home detention rather than prison because he said he was the caregiver for his wife, who had chronic health problems. He spent part of that confinement at the Ritz-Carlton hotel in Marina del Rey, California, saying his house had a mold problem and his wife was allergic. The damages resulted from an invasion-of-privacy lawsuit filed by Geragos and Harris. Jackson, who was initially a plaintiff in the civil lawsuit, later dropped out of the case. The pop singer was acquitted of the molestation charges in 2005. |
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Appeals Court Weighs Teen's Web Speech
Breaking Legal News |
2008/03/05 07:36
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A teen who used vulgar slang in an Internet blog to complain about school administrators shouldn't have been punished by the school, her lawyer told a federal appeals court. But a lawyer for the Burlington, Conn., school told the 2nd U.S. Circuit Court of Appeals on Tuesday that administrators should be allowed to act if such comments are made on the Web. Avery Doninger, 17, claims officials at Lewis S. Mills High School violated her free speech rights when they barred her from serving on the student council because of what she wrote from her home computer. In her Internet journal, Doninger said officials were canceling the school's annual Jamfest, which is similar to a battle of the bands contest. The event, which she helped coordinate, was rescheduled. According to the lawsuit, she wrote: "`Jamfest' is canceled due to douchebags in central office," and also referred to an administrator who was "pissed off." After discovering the blog entry, school officials refused to allow Doninger to run for re-election as class secretary. Doninger won anyway with write-in votes, but was not allowed to serve. A lower federal court had supported the school. U.S. District Judge Mark Kravitz, denying Doninger's request for an injunction, said he believed she could be punished for writing in a blog because the blog addressed school issues and was likely to be read by other students. Her lawyer, Jon L. Schoenhorn, told the appeals court Tuesday that what students write on the Internet should not give schools more cause to regulate off-campus speech. "It's just a bigger soapbox," he said. But Thomas R. Gerarde, an attorney for school officials, argued that the Internet has completely changed the way students communicate. The three-judge panel of the appeals court did not issue a ruling after the arguments. In 1969, the Supreme Court said schools could ban expression if they can show that not doing so would interfere with schoolwork or discipline. In a later ruling, it allowed officials to bar "vulgar and lewd" speech if it would undermine the school's educational mission. But both cases involved events that occurred on school property or during a school activity. |
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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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