Today's Date: Add To Favorites
Atlanta labor law firm plants flag in San Francisco
Legal Business | 2008/01/25 05:48

A fast-growing labor and employment law firm from Atlanta has planted its flag in San Francisco.

Ogletree Deakins Nash Smoak & Stewart PC raided two law firms in the city for partners to launch its newest location.

Thomas McInerney joined from Thelen Reid Brown Raysman & Steiner LLP, where he was a partner in the firm's labor and employment law group. Douglas Farmer, formerly a partner at Sheppard Mullin Richter & Hampton LLP, is Ogletree's new managing partner in the San Francisco office.

Ogletree, with more than 400 attorneys in 33 offices across the country, is the nation's third largest labor and employment law firm -- behind Jackson Lewis LLP and San Francisco-based Littler Mendelson PC. Ogletree said it represents more than half of the Fortune 50 corporations in the United States. McInerney and Farmer bring clients to Ogletree in a number of industries, including television, retail, health care and engineering.

McInerney's and Farmer's jump to Ogletree illustrates a growing tendency among labor and employment partners: They are bolting general practice firms to join speciality shops. One big reason: rates. Many general practice law firms charge higher hourly rates for labor and employment work than do specialty firms. By moving their labor practice to a boutique, labor lawyers can offer lower rates and hold onto cherished clients.

Clients are another factor fueling partners' lateral moves. Fortune 500 companies are cutting back on the number of labor firms they use. To make themselves more attractive to these clients, some lawyers are joining specialty labor and employment firms to be able to cater to those companies' needs.

Farmer said Ogletree is seeking additional partners for its San Francisco office. He would like the firm to have 12 attorneys in the city within two years.

Founded in 1977 , Ogletree already has a presence in California. The firm opened a branch in Los Angeles in 2003. Ogletree opened seven offices across the country last year, including Cleveland, Philadelphia, Memphis, Tenn., and St. Louis.



GE attorney's class action lawsuit to go forward
Class Action | 2008/01/25 05:45
A high-ranking attorney for General Electric Co. can go ahead with her class-action lawsuit against what she calls the "very male-dominated culture" in the international conglomerate, a federal judge has ruled.

U.S. District Judge Peter Dorsey on Wednesday rejected a motion filed by GE to prevent Lorene Schaefer's lawsuit from achieving class-action status. A class-action lawsuit would allow Schaefer to gather as many as 1,500 plaintiffs, including women who hold entry-level executive jobs and all the company's female lawyers. The lawsuit potentially seeks damages of $500 million.

Schaefer, general counsel of Erie, Pa.-based GE Transportation, filed a suit in May 2007 accusing officials of giving unfair preference to men in promotions to top-paying legal jobs.

Among its claims, GE argued that Schaefer cannot lead a class-action lawsuit because she had access to confidential client information while employed with GE.

Dorsey rejected that argument for now.

"If at any point during discovery, the defendants learn and can demonstrate that plaintiff is inappropriately using confidential client confidences in asserting her claims or representing the class, the court may reconsider the propriety of plaintiff's class allegations at that time," Dorsey wrote in his 30-page ruling.

In a statement, Schaefer said the ruling would benefit hundreds of GE employees.


Ex-Atlanta Cop Guilty of Taking Payoffs
Criminal Law | 2008/01/25 04:46
A former police officer pleaded guilty Thursday to taking cash payoffs from the owner of an apartment complex in exchange for special protection.

The extortion was revealed during the investigation into another embarrassing incident for Atlanta police: the fatal 2006 police shooting of an elderly woman in a botched drug raid.

Daniel Betts, who resigned from the police force Wednesday, pleaded guilty to one federal count of interfering with interstate commerce by means of extortion under color of official right.

Betts admitted taking payoffs from the owner of the complex, which functions as a rehabilitation facility for recovering drug addicts. Prosecutors said he took $120 a week from the apartment owner over at least a four-month period last year.

Betts, 26, told U.S. District Judge Julie Carnes he didn't know his conduct was illegal at the time, but he does now.



Bush and House in Accord for $150 Billion Stimulus
Tax | 2008/01/25 03:45
Congressional leaders announced a deal with the White House Thursday on an economic stimulus package that would give most tax filers refunds of $600 to $1,200, and more if they have children.

House Speaker Nancy Pelosi said Congress would act on the agreement — hammered out in a week of intense negotiations and uncustomary bipartisanship — "at the earliest date, so that those rebate checks can be in the mail."

President Bush praised the agreement at the White House, saying it "has the right set of policies and is the right size."

The rebates, which would go to about 116 million families, had appeal for both Democrats and Republicans. Pelosi's staff noted that they would include $28 billion in checks to 35 million working families who wouldn't have been helped by Bush's original proposal. Republicans, for their part, were pleased that the bulk of the rebates — more than 70 percent, according to an analysis by Congress' Joint Tax Committee — would go to individuals who pay taxes.

Individuals who pay income taxes would get up to $600, working couples $1,200 and those with children an additional $300 per child under the agreement. Workers who make at least $3,000 but don't pay taxes would get $300 rebates.

The first rebate payments could begin going out in May, and most people could have them by July, said Treasury Secretary Henry Paulson, noting that the IRS will already be overwhelmed processing 2007 tax returns. The rebates were expected to cost about $100 billion, and the package also includes close to $50 billion in business tax cuts.

The principal players in pulling the deal together were Pelosi, House Republican leader John Boehner and Paulson. The package would allow businesses to immediately write off 50 percent of purchases of plants and other capital equipment and permit small businesses to write off additional purchases of equipment. A GOP-written provision to allow businesses suffering losses now to reclaim taxes previously paid was dropped.

Pelosi, D-Calif., agreed to drop increases in food stamp and unemployment benefits during a Wednesday meeting in exchange for gaining the rebates of at least $300 for almost everyone earning a paycheck, including those who make too little to pay income taxes.

"I can't say that I'm totally pleased with the package, but I do know that it will help stimulate the economy. But if it does not, then there will be more to come," Pelosi said.

Boehner said the agreement "was not easy for the two of us and our respective caucuses."

"You know, many Americans believe that Washington is broken," the Ohio Republican said. "But I think this agreement and I hope that this agreement will show the American people that we can fix it and will serve to move along other bipartisan agreements that we can have in the future."

Paulson said he would work with the House and Senate to enact the package as soon as possible, because "speed is of the essence." But he also cautioned that "the work is far from over."

The Treasury Department has already been talking to the IRS about getting the checks out "as quickly as possible, recognizing that the tax filing season is ongoing," said Treasury spokesman Andrew DeSouza.

The rebates would phase out gradually for individuals whose income exceeds $75,000 and couples with incomes above $150,000, aides said. Individuals with incomes up to $87,000 and couples up to $174,000 would get partial rebates. The caps are higher for those with children.

The agreement left some lawmakers in both parties with a bitter taste, and they complained that their leaders had sacrificed too much in the interest of striking a deal. Many senior Democrats were particularly upset that the package omitted the unemployment extension.

"I do not understand, and cannot accept, the resistance of President Bush and Republican leaders to including an extension of unemployment benefits for those who are without work through no fault of their own," Rep. Charles B. Rangel, D-N.Y., the Ways and Means Committee chairman, said in a statement.

Sen. Max Baucus, D-Mont., the Finance Committee Chairman, said leaving out the unemployment extension was "a mistake," as he announced plans to craft a separate stimulus package in the Senate starting next week.

Majority Leader Harry Reid said the goal is to send the package to the White House by Feb. 15 for Bush's signature, but he noted the Senate would likely try to add more spending to the package.

"I expect that the (Finance) Committee and other senators will work to improve the House package by adding funds for other initiatives that can boost the economy immediately, such as unemployment benefits, nutrition assistance, state relief and infrastructure investment," Reid said in a statement.

Asked about this, Paulson praised Reid's leadership but said, "I don't know what he has in mind."

Bush has supported larger rebates of $800-$1,600, but his plan would have left out 30 million working households who earn paychecks but don't make enough to pay income tax, according to calculations by the Urban Institute-Brookings Institution Tax Policy Center. An additional 19 million households would receive only partial rebates under Bush's initial proposal.

To address the mortgage crisis, the package raises the limit on Federal Housing Administration loans from $362,000 to as high as $729,750 in expensive areas, allowing more subprime mortgage holders to refinance into federally insured loans. To widen the availability of mortgages across the country, it also provides a one-year boost to the cap on loans that Fannie Mae and Freddie Mac can buy, from $417,000 up to $729,750 in high-cost markets.



Texas Panel That Charged Justice Invalid
Legal Business | 2008/01/25 01:43
A bizarre legal battle effectively ended Tuesday when a judge ruled that a grand jury that indicted a Texas Supreme Court justice over the prosecutor's objections was operating with improperly filed paperwork, the justice's attorney and the grand jury foreman said.

The mistake, made when the Harris County district attorney's office extended the grand jury's term in November, invalidated all indictments issued after that point, District Judge Jim Wallace ruled. That includes last week's tampering-with-evidence charge against Justice David Medina, and an arson charge against his wife, in connection with a fire at their home in June.

District Attorney Chuck Rosenthal had quickly dropped the charges, saying there was insufficient evidence. Angry grand jurors said the move was politically motivated, and their foreman, Robert Ryan, said he had planned to reconvene the panel Wednesday to issue another indictment.

Those plans were scuttled by Wallace's ruling, said Ryan, who has served on five grand juries.

Ryan said he and several other grand jurors were outraged by the judge's decision over what he described as a "boilerplate" order routinely issued by the district attorney's office to extend grand jury terms.

"That just shows you the sheer incompetence of the district attorney's office of Harris County, Texas," Ryan said.

Prosecutors have said they are continuing to investigate the June 28 fire that destroyed the Medinas' home, damaged two other houses and caused nearly $1 million in damage in the Houston suburb of Spring. But the couple's attorney Terry Yates expressed hope that the case was over.

"It's been a roller coaster for them. Obviously, they're very pleased," Yates said. "We hope this is a final chapter in this case and that it effectively ends the prosecution of David Medina."

The fire marshal's office has said the fire was not electrical or accidental. A dog detected an accelerant at the scene.

Investigators became suspicious after discovering a mortgage company sued in June 2006 to foreclose on the $300,000 home. The lawsuit, filed after the family missed payments for five months, was settled in December 2006.

Yates has acknowledged the family had financial problems. They owed nearly $1,900 in fees to a homeowners association and let the insurance policy on the house lapse, meaning losses from the fire were not covered.

Medina was appointed by the governor to the state's highest civil court in 2004 and elected to a full term two years later. He and the district attorney are Republicans.

Rosenthal dropped out of his re-election campaign but has refused calls for his resignation after the embarrassing release of dozens of pornographic, racist and political e-mails on his office computer.



Ohio Court Debates Rights to Body Parts
Breaking Legal News | 2008/01/24 09:37
Justices appeared skeptical of both sides in a state Supreme Court hearing on whether the brain, heart and other body parts removed during an autopsy should be returned to the relatives of the deceased instead of being destroyed.

The case heard Wednesday pits coroners against parents of a 30-year-old man who discovered years after his death that they had buried him without his brain.

During oral arguments Wednesday, Justice Paul Pfeifer at one point called "totally lame" an argument by coroners' attorneys that coroners would be less likely to do thorough autopsies if property rights were involved.

At another moment, another justice, Evelyn Lundberg Stratton, asked an attorney for the family to cite the Constitution to bolster his legal argument, asking where guarantees of liberty or property fit into the case.

Christopher Albrecht died in December 2001 when he suddenly plunged his vehicle into a pond. The coroner determined that an epileptic seizure prompted his accident, but that his death was caused by drowning.

Albrecht's parents learned years later that they had buried him without a brain. They filed a lawsuit against coroners and commissioners in 87 of Ohio's 88 counties.

The case has drawn attention because of its possible impact on coroners, crime investigators, emergency medical technicians, funeral directors and followers of religions that espouse the importance of burying the whole body.

Coroners' attorneys say guaranteeing families the right to the organs, tissue, blood and other fluids extracted during an autopsy could jeopardize criminal evidence.

"Plaintiffs would have you believe that you can do an autopsy and still return all of the body," Mark Landes, a lawyer representing the coroners, told the judges. "That's a definitional impossibility."

Brains are particularly difficult to reunite with a body in time for burial, because it takes three to 14 days to prepare them for examination.

In a brief, the Medical Examiners Association said material from a dead body is almost always lost. Bodies lose fluids at accident scenes and parts of some bodies are never found, the group said.

Under Ohio law, brains, hearts and other body parts and fluids removed during an autopsy are classified as medical waste, which generally means they are incinerated after use.

Justice Maureen O'Connor suggested to attorneys for the family that allowing their legal argument to prevail would have a sweeping impact on the entire medical profession.

Attorneys for the family have been taken to task by the court for making a legal question too emotional. Some briefs have contained references to Achilles' slaying of Hector in "The Iliad," the drowning of Shakespeare's Ophelia and poet Walt Whitman's "I Sing The Body Electric."

Lawyers for the coroners at one point tried and failed to get one particularly verbose submission — which traced the history of death from ancient to modern times — stricken from the record.



European Court condemns France over gay adoption
International | 2008/01/24 08:38

The European Court of Human Rights has ruled that France discriminated against a lesbian woman by preventing her from adopting a child. The nursery school teacher, 45, has lived with the same female partner for nearly 20 years. But she was turned down by French authorities who stressed the absence of a father figure. In Strasbourg however, the European Court condemned France, which, like many other countries, does allow unmarried people to adopt.

A majority ruling, by 10 votes to seven, found that article 14 of the Human Rights Convention combined with article 8 had been violated. The French state was ordered to pay the woman 10,000 euros in damages.

Article 14 forbids discrimination. Article 8 provides for the right to respect for one's private and family life. This is a victory that could have an impact on gay adoption laws in countries across Europe.

That is because, from now on, France and all other member nations of the Council of Europe will no longer be able to refuse adoption to a single person because of their homosexuality.

However, adoption by gay couples remains illegal in France, unlike nine European countries where it is permitted - Germany, Belgium, Denmark, Spain, Iceland, Norway, the Netherlands, the United Kingdom and Sweden.

Spanish gay couples, for example, benefit from the same rights as heterosexual couples regarding their children, because, legally, they are their parents.

In France, where homosexual marriage is not allowed, adoption by a lesbian or gay person could now be possible.

But there remains the question of their partner's status. For, legally, the companion would have no rights over the child, not being recognized as his or her parent.



[PREV] [1] ..[784][785][786][787][788][789][790][791][792].. [1194] [NEXT]
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
Los Angeles school year begi..
Trump executive order gives ..
Colorado deputies discipline..
Victims feeling exhausted an..
Appellate judges question Tr..
Immigration judges fired by ..
House subcommittee votes to ..
A Virginia man accused of st..
House Republicans grasp for ..
Trump says he’s considering..
Nursing homes struggle with ..
US completes deportation of ..
International Criminal Court..
What’s next for birthright ..
Nations react to US strikes ..


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.
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
East Greenwich Family Law Attorney
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
  Law Firm Directory
 
 
 
© ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Affordable Law Firm Web Design