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European giants in class action over BA cargo price-fixing
International | 2007/08/27 06:42

BRITISH Airways could be forced to pay out hundreds of millions of pounds to settle a class action lawsuit relating to cargo price-fixing, it emerged yesterday.

Several European blue-chip companies, including Ikea, Volvo and TNT, are said to have joined the lawsuit and noted that BA has set aside £350 million to pay fines.

The airline has already paid out $300m (£174m) levied by the US department of justice (DoJ). Two thirds was related to cargo price-fixing and $100m concerned price-fixing related to passengers.

According to documents filed to a US district court, the class action suit concerns shipments valued at $29 billion. Ten present and former BA executives, including the current director of operations, have not received protection from prosecution under a plea agreement between the airline and US prosecutors investigating the price-fixing conspiracy.

BA said four of the ten still worked for the airline.

Three weeks ago, Willie Walsh, BA's chief executive, assured customers and the media that only a "very limited number of individuals" were involved in the two illegal cartels through which BA had fixed the fuel surcharges.

Yet papers released by the DoJ have confirmed that the corruption inquiry into BA went beyond Martin George, its former commercial director, and Iain Burns, its former head of communications, the only two named in the press before this weekend.

The DoJ said it was "carving out" ten current and former senior BA executives from an immunity deal that will settle BA's criminal liability in the US. The individuals, who have yet to be charged, could face criminal prosecution and, ultimately, jail.



Vick may face long road back to the gridiron
Legal Business | 2007/08/27 04:40
By agreeing to plead guilty for his role in an illegal dogfighting outfit, Atlanta Falcons quarterback Michael Vick took the first step toward putting 1915 Moonlight Road - the home of Bad Newz Kennels - behind him.

But getting back to the gridiron will be an uphill battle, even for a superstar who is one of the National Football League's top draws, analysts say. Although other NFL players have returned to the game after brushes with the law, Mr. Vick's involvement in dogfighting and allegations that he drowned underperforming dogs have repelled many Americans.

"The situation with Vick is about gambling, it's about cruelty, and it's coming at a time when there's a lot of focus on athletes' behavior," says David Carter, director of the Sports Business Institute at the University of Southern California. "I don't see how he's able to [come back] with all those things in mind."

A recent NBC poll found that 34 percent of respondents had a very negative perception of Vick, while only 1 percent had a very positive perception.

Vick's football career bloomed but never quite blossomed after he was picked first by Atlanta in the 2001 draft. His scrambling ability gave opposing defenses fits. Last year, he became the first NFL quarterback to rush for 1,000 yards in a season. Although the Falcons have had up-and-down seasons under his leadership, Vick became a serious NFL fan favorite. Only wide receiver Randy Moss sold more jerseys.

But the same year he joined the NFL, Vick opened Bad Newz, indictments say. Allegations say that, on at least three occasions, Vick traveled between Atlanta, South Carolina, and Virginia to fight the dogs for money, with some stakes rising to over $10,000 per fight.

A new federal law that makes it a felony to take fighting dogs across state lines carries a maximum sentence of five years in prison and a fine of up to $250,000. Vick's guilty plea most likely would reduce his jail time. Two of his codefendants in their plea agreements received sentences of 12 to 18 months. Theoretically, that length of sentence would allow Vick to return to the NFL for the 2009 season.

But Vick's admission of guilt also adds pressure to already stressed relationships with Falcons owner Arthur Blank, NFL commissioner and ?ber-disciplinarian Roger Goodell, and football fans - all of whom have previously heard Vick plead his innocence.

"Michael Vick is going to have to make a significant act of contrition and embrace a new way of life, and show that he's worthy of redemption to both the NFL and the fans," says Rich Hanley, a pop-culture expert at Quinnipiac University in Hamden, Conn.
To be sure, several other NFL players have come back from felony cases, to various levels of success. In return for testimony against the prime suspects, authorities allowed Baltimore Ravens linebacker Ray Lewis to plead guilty to a misdemeanor charge for obstruction of justice in a trial resulting from a double-slaying at an Atlanta Super Bowl party in January 2000. Mr. Lewis missed the Pro Bowl that year, but returned to not just rebuild his name, but bolster his profile and play in subsequent seasons.
Players like Bam Morris, Art Schlicter, Leonard Little, and Tamarick Vanover have all returned to play after facing serious criminal charges. Mr. Vanover got a second chance with the Chargers in 2002 even after admitting to undercover FBI agents that he set up a $40,000 drug deal.

"My cynical self says that you can do just about anything in the NFL as long as you perform on the field," says Stephen Mosher, a sports management expert at Ithaca College in New York.

In allowing such second chances, sports experts say, both the league and the fans implicitly acknowledge that players are sometimes recruited from the fringes of society and often from poor, rural areas in the South where activities such as dogfighting, while not legal, may be somewhat acceptable.

"You're not [always] going to get choirboys playing this game, it's that simple," says Mr. Mosher. "At the same time, Mike Vick touched the third rail: You don't mess with people's pets."

The NFL is conducting its own investigation. "We totally condemn the conduct outlined in the charges, which is inconsistent with what Michael Vick previously told both our office and the Falcons,"the league said in a statement. The Vick case is the biggest test yet of Commissioner Goodell's push to clean up the league.

The pigskin wunderkind from Newport News, Va., may have to go beyond contrition to win back his lost public - not to mention as much as $100 million in lost compensation and endorsements.

"I don't know of anything quite like this in sports history, so it's hard to say how the public will eventually react," says Mr. Hanley. "Coming back [for Vick] will be a process, not an event."

It's dubious that Vick will return to the Atlanta Falcons. Any general manager who considers Vick in the future will have to weigh his explosive abilities against a potential PR nightmare. And what city is looking for a quarterback? Jacksonville and Tampa might need someone in 2009, but could they find a role for a left-handed tosser with limited playoff experience, even if he came as a bargain?

"Mike Vick doesn't quite fit into that thuggish perception that we have of NFL players," says Alan Caruba, a public relations consultant in South Orange, N.J. "But will this episode sober him sufficiently to understand who he is and his place in this world? That's anybody's guess."


Illinois court won't reopen Philip Morris case
Law Center | 2007/08/24 08:51

The Illinois Supreme Court denied requests that would have reopened a case filed by the state's smokers of "light" cigarettes against Philip Morris USA, according to a court document. The 4-2 ruling, posted on the court's Web site on Wednesday, stamps out efforts by plaintiffs to resurrect the failed case against the largest U.S. cigarette maker, a unit of Altria Group Inc.

Plaintiffs in the case had sued the company on behalf of Illinois residents who bought light cigarettes since the introduction of Marlboro Lights in 1971.

The lower court had found in favor of the plaintiffs and awarded them $10.1 billion in damages, but the decision was overturned by the state Supreme Court, which also directed the lower court to dismiss the action last year.

In May this year, however, after the U.S. Supreme Court took up another case against Philip Morris, the circuit court of Madison County asked whether it had jurisdiction to consider the plaintiff's request to set aside the Illinois Supreme Court's judgment in light of new developments.

But on Wednesday, the state Supreme Court denied the request and directed the lower court to enter an order dismissing the plaintiffs' motion.

Two Illinois Supreme Court justices, however, dissented.

"The court's action today is entirely predictable because it quickly and quietly closes the book on a case that a majority of this court, I am sure, would rather forget," Justice Charles Freeman wrote in his dissent.



AG files friendly challenge of gambling law
Breaking Legal News | 2007/08/24 08:50

Kansas Attorney General Paul Morrison has filed a lawsuit with the Kansas Supreme Court, challenging the constitutionality of a newly enacted state gambling law. At the request of Gov. Kathleen Sebelius, a gambling supporter, Morrison filed the lawsuit to obtain an opinion by the high court about whether the law is constitutional. Sebelius was seeking to remove doubt about the measure as casino developers put together plans in four areas of the state.

The Legislature this spring passed the law, allowing casinos in four "zones" -- Wyandotte County, Ford County, either Sedgwick or Sumner counties and either Crawford or Cherokee counties. The bill also would allow slot machines at dog tracks in Wichita and Kansas City, Kan.

But Sedgwick County this month rejected ballot initiatives on both the casino and slot machine questions. A casino is expected to be built in Sumner County.

Morrison's lawsuit, meanwhile, will center on the definition of a "state owned and operated lottery," which is allowed under the Kansas Constitution. Questions exist about whether casinos under the new state law actually will be operated by the state.



SEC official with local ties to join California law firm
Legal Careers News | 2007/08/24 06:56
Securities and Exchange Commission member Roel Campos will join the Palo Alto, Calif.-based law firm Cooley Godward Kronish when he leaves the SEC in September, the firm announced Thursday.

Campos, 58, a Harlingen native and former Houston radio executive, will become partner-in-chief of the firm's Washington office.

Campos, who has served on the commission for five years, announced Aug. 9 he would return to the private sector.

Before joining the SEC, he was one of two principal owner/executives of El Dorado Communications, a Houston-based radio broadcasting company.

In his new job, Campos will represent companies in SEC enforcement matters and internal investigations, advise corporate boards about governance issues, and counsel private equity, hedge and mutual funds on regulatory matters.

"I look forward to advising companies on important issues related to SEC guidelines and corporate governance that will benefit the companies themselves, as well as continue to bolster investor confidence," Campos said in a prepared statement.



Ex-astronaut Nowak wants ankle monitor removed
Court Watch | 2007/08/24 05:47
Former NASA astronaut Lisa Nowak, in a bid to take off her ankle-bracelet GPS monitor, testified in an Orlando, Florida, court Friday that the device is restrictive and hazardous when she drives. Nowak, 44, is accused of assaulting her romantic rival, Air Force Capt. Colleen Shipman, in a parking lot at Orlando International Airport on February 5. The monitor, which Nowak said causes abrasions and is not waterproof, is intended to keep her from traveling to Brevard County, Florida, where Shipman lives.

Nowak's lawyer, Don Lykkebak, is asking 9th Circuit Court Judge Marc L. Lubet to side with his client on three motions, including the request to remove the GPS monitor. Nowak was ordered to wear it on February 6 as part of her pretrial release.

Shipman also testified in court Friday and told Lubet that she was still afraid of Nowak and felt safe knowing the monitor was in place.

When Lubet asked her, "Do you want her taken off the ankle monitor?" Shipman answered, "Absolutely not."

Nowak argued that the device is expensive and she has paid more than $3,000 for it since it was put on.

Lykkebak also is asking the judge to throw out Nowak's statements to police and suppress evidence collected from her car after the alleged incident.

The monitor, which Nowak said causes abrasions and is not waterproof, is intended to keep her from traveling to Brevard County, Florida, where Shipman lives.

Asked by her lawyer if she can assure the court she won't go near Shipman, Nowak said, "I can absolutely say that I won't go to Brevard County.

"I will abide by all the court orders ... and any additional ones they wish to put on."

Under cross-examination, Nowak admitted that she could take some form of exercise and bathe herself, and find other methods for getting around the drawbacks of the device.

Nowak said she has had to pull over twice on the highway because the battery was low. When that happens, there is a buzzing vibration, then a siren goes off, she said.

Orlando police officer William Becton testified Friday that he read former astronaut Lisa Nowak her rights.

Becton, who was with the airport's investigative unit at the time of the alleged crime, said Nowak was asked before her police interview if she wanted an attorney, and she declined.

The officer said Nowak never told him she no longer wanted to talk.

NASA ended Nowak's assignment as an astronaut in March after she allegedly assaulted Shipman, who was dating Nowak's former boyfriend Navy Cmdr. Bill Oefelein.

Nowak, a captain in the U.S. Navy, allegedly drove nearly 900 miles from Houston, Texas, to Orlando -- wearing toddler diapers to cut down on the number of stops she needed to make -- in order to confront Shipman, according to an initial police report. Her lawyer has since denied that she was wearing any type of diaper.

She was arrested in the parking lot at Orlando International Airport after Shipman claimed Nowak attacked her. Airport surveillance tapes show Nowak donning a disguise while waiting for Shipman to arrive, then following her, police said.

Shipman told police that Nowak approached her car in the airport parking lot and asked her for help with a dead battery.

"I cracked my window open about two inches and told her I'd send someone to help her," Shipman said. "She said, 'Please help me,' and then started spraying something from a skinny black can into my window.'"

Police said the can held pepper spray.

Nowak pleaded not guilty March 22 to charges of attempted kidnapping with intent to inflict bodily harm, battery and burglary of a vehicle using a weapon. The trial is to begin next month.

If convicted of the February 5 incidents, Nowak could face a sentence of up to life in prison.

Police contend Nowak gave them permission to search her car, which was parked away from the airport.

From it they seized weapons and photos inside a duffel bag, a steel mallet, a 4-inch buck knife and a loaded BB gun. They also found an alleged "plan," which was written on paper and included flight information and directions.

Police said they also found a large plastic trash bag.

"Inside the bag I saw two used diapers. I asked Ms. Nowak if the diapers were used. She said that the diapers were used," an officer said. "I then asked Mrs. Nowak why she had the baby diapers. Mrs. Nowak said that she did not want to stop and use the restroom, so, she used the diapers to collect her urine."

According to the Orange County Attorney's Office, Nowak -- while in a jail cell -- explained to authorities: "I just wanted to sit there and talk to her, and she said she wouldn't talk to me and she walked away."



Quarles & Brady chairman Ryan dies at 63
Attorneys in the News | 2007/08/24 04:58

Patrick Ryan, the chairman and managing partner of the law firm Quarles & Brady LLP, died Wednesday at the age of 63 after a brief illness, the firm has announced.

Ryan joined Quarles & Brady in Milwaukee in 1970 after graduating from Marquette University Law School, where he served as editor-in chief of the Law Review. His practice at Quarles included extensive experience in private equity, capital markets transactions, acquisitions and commercial lending, particularly in the paper industry.

He was elected as the firm's managing partner in 2002 and had been involved with the management side of Quarles & Brady since 1985.

In a tribute on its Web site, the firm credits Ryan with helping to build a distinguished practice by providing knowledgeable legal counsel and a high level of personal service to a variety of corporate clients.

Under his leadership as chairman and managing partner, the firm has grown to its current size of approximately 440 attorneys and 520 support staff in six offices in Wisconsin, Illinois, Arizona and Florida. It was ranked by the National Law Journal as the 95th largest law firm in the nation in 2006.

Ryan is survived by his wife, Holly, and their four children and son-in-law: Brendan, Lucas, Abigail, Rebeccah and her husband Keith Martin. In addition, he had great pride in his five grandchildren: Joseph and Henry Martin, Daijah and Calia Stanley, and Beyonce Williams.

In lieu of flowers, contributions can be made to Marquette University Law School-Patrick M. Ryan Scholarship Fund designed to assist minority law students at Marquette University.



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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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