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Mattel sues porn website over use of Barbie name
Intellectual Property |
2007/08/22 08:38
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| Mattel Inc. (MAT) is once again pursuing a lawsuit to prevent a pornographic Web site from using the name of its trademarked Barbie doll as part of its name. The El Segundo, Calif., toy maker sued Global China Networks LLC in federal court in Manhattan on Tuesday over its Web site, www.chinabarbie.com. Global is a limited liability company organized in Florida and maintains a post-office box in New York, according to the complaint. In its lawsuit, Mattel claims the Web site is pornographic and Global sold memberships to persons around the world. The company, which has principal address in Hollywood, Fla., is listed as inactive on the Florida Department of State Division of Corporations Web site. No phone number could be located late Tuesday for Global or its registered agent in Hollywood, Fla. Mattel has aggressively pursued actions against a variety of Web sites that use the Barbie name in the past. In 1999, Mattel pursued a lawsuit in New York against a Las Vegas company that operated an adult Web site registered as barbiesplaypen.com. A federal judge ultimately ordered the domain
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Law firm retained despite 'illegal' meeting
Legal Business |
2007/08/22 08:27
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Although its actions were called illegal and one of its members walked out in agreement with that charge, the Common Council voted Tuesday night to retain a law firm to represent the council in arbitration over the police contracts. The council also voted to recommend to the mayor that Vincent Leffredo and Gerald Daley, members of the council, serve as witnesses during the arbitration.
The language of both resolutions was softened from the original after questions of legality under collective bargaining laws and the city charter were raised. Instead of "appointing" council members as witnesses for the arbitration, they were "recommended" to the mayor. And instead of representing the city, the lawyer approved to be retained by the council will simply advise the council members that were recommended to serve as witnesses.
As soon as the night's special council meeting was called to order, it was declared illegal by Deputy Mayor Joseph Bibisi. Bibisi was acting as chairman of the meeting because Mayor Sebastian N. Giuliano was absent in protest.
On Monday, Giuliano declared that everything on the agenda of the meeting was improper. The council does not have the power to appoint witnesses to the arbitration or retain a lawyer, Giuliano said.
Bibisi tried to block the meeting from going forward, citing that the mayor was not properly given notice, or served, making the meeting illegal.
If the meeting was illegal, anything decided in the meeting could be challenged by any member or the public or the police union, said Corporation Counsel William Howard.
Majority Leader Thomas Serra vehemently objected to this assertion and said the mayor had full knowledge of the meeting - that he, in fact, had told Giuliano of the meeting in person. Serra also cited an e-mail from the mayor's office to members of the council, about the meeting, sent on Aug. 10.
That Giuliano knew about that meeting wasn't enough to make it legal, Howard said.
"Notice has to be proper to make the meeting legal," Howard said. "This notice does not conform. The first thing anyone attacks is if the meeting was held legally."
Declaring the meeting illegal was called "pure and utter nonsense to circumvent the political process" by Councilman Vincent Loffredo. Thomas Serra called the actions of Giuliano and Bibisi attempts to shut the council out from negotiations and take away their fiduciary powers.
Despite Republican's protests, the meeting was declared legal by a vote and proceeded, although Councilman David Bauer, agreeing the meeting was illegal, walked out.
The proposed police contracts were voted down by the council in June in a 9-3 vote. The council called this meeting because its members wanted to have the voice of the nine that voted it down heard at the arbitration table, Serra said. |
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Ex-Gov. Ryan will remain free during second appeal
Law Center |
2007/08/22 08:22
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Former Gov. George Ryan will remain free while he pursues a second appeal of his sweeping fraud and corruption convictions, the 7th U.S. Circuit Court of Appeals ruled late this afternoon. In a crushing legal blow to the former governor earlier today, a three-judge panel from the appeals court denied Ryan's initial appeal 2-1. The judges found that Ryan received a fair trial last year despite a series of juror controversies.
Though Ryan had been allowed to remain free pending that appeal, the court had warned that Ryan and co-defendant Lawrence Warner would have to report to prison within 72 hours if they lost it. Ryan faces a 6 1/2 -year prison sentence.
This afternoon, however, the court stayed that order, finding that Ryan could remain free while a second appeal plays out. Under this afternoon's ruling, Ryan will remain free until the full 7th Circuit—a group of 11 judges—refuses to hear his case or until the full court hears his case and makes a ruling.
A decision on whether the full court would hear Ryan's case could take about six to eight weeks, and a ruling on the case could take until December or January, according to Joel Bertocchi, an attorney who specializes in appellate law.
In pledging to appeal the three-judge panel's decision, Former Gov. James Thompson, a Ryan attorney, noted this afternoon that Judge Michael Kanne issued "a powerful dissent" in which he concluded that the convictions should be overturned and a new trial held.
"No court anywhere has ever deprived a defendant of his life and liberty under these circumstances," Thompson said, alleging that the verdict was unfair because two jurors were replaced during deliberations.
"We believe they reached the wrong result," Thompson said. Ryan, he said, would appeal to the U.S. Supreme Court if necessary.
In its decision this morning, the three-judge panel found that U.S. District Judge Rebecca Pallmeyer acted within her authority when she replaced the jurors after the Tribune revealed they had failed to disclose information about their criminal backgrounds.
"We conclude that the district court handled most problems that arose in an acceptable manner, and that whatever error remained was harmless," Judge Diane Wood wrote for the panel. "We therefore affirm the convictions."
Ryan was convicted in April 2006 on charges that as secretary of state and governor, he doled out sweetheart deals to co-defendant Warner and other friends and used state resources and employees for political gain.
Warner's conviction also was affirmed today. He was sentenced to almost 3 1/2 years in prison.
Thompson said Ryan was disappointed by the three-judge panel's decision but said he is a "strong guy."
"He's been through a lot," Thompson said. "I worry about him and Mrs. Ryan. But he has faith in the judicial system. He's always had that. He has a very supportive family. . . . He'll take it as it comes day by day."
At the Kankakee home of Ryan and his wife, Lura Lynn, their son Homer Ryan answered the door only to say that the family would not discuss the day's events.
Marie Spalding, 69, who has been Ryan's neighbor for 37 years, said the former governor has "always been there for anybody who ever needed help."
"It's the saddest thing that ever could have happened," she said of the appellate court's decision. "He's a wonderful, wonderful man. He's helped out people in this whole neighborhood."
Another neighbor, Denyell Finch, 27, who lives just a few blocks north of Ryan, said she didn't think he should go to jail. "I don't think it's all his fault," she said. |
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Ga. Sheriff Pleads Guilty to Coverup
Court Watch |
2007/08/22 08:20
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| A sheriff accused of lying to investigators and hiding evidence to protect two deputies charged with a drive-by shooting pleaded guilty Tuesday to four criminal charges and resigned. "I knew what happened ... and I didn't tell them what happened," Towns County Sheriff Rudy Eller said. "I made a serious mistake, there's no doubt about it." Eller, 63, pleaded guilty to making false statements in a matter within a political subdivision, tampering with evidence, hindering apprehension or punishment of a criminal and violation of oath by a public official or officer. The two deputies, Jessie Gibson, 56, and Chief Deputy Eddie Osborn, 41, faced aggravated assault and obstruction charges in connection with a July 9 shooting at the home of Gary Dean of Hiawassee. Dean, who was not injured, was "involved in an ongoing intimate relationship" with Osborn's wife, according to a Georgia Bureau of Investigation affidavit. Gibson was found dead on Aug. 8 of a self-inflicted gunshot in what authorities called an apparent suicide. Outside the courthouse Tuesday, Eller apologized to the residents of Towns County. He wore an oxygen tube in his nose as he walked from the courtroom. Mike Weaver, his attorney, said Eller was suffering from diabetes and other health problems and could not answer other questions. He said Eller's sentencing is pending. |
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Lawsuit Filed Over California Teachers Qualifications
Breaking Legal News |
2007/08/22 07:31
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 A number of parents in Los Angeles are also taking part of this lawsuit and what we have seen in California is that many serving African-Americans and Latinos have a disproportionate number of under qualified teachers. We are not saying that they are bad, just that they are inexpirienced. And California has gotten away with it. Like most parents, Maribel Heredia of Hayward wants highly qualified teachers for her kids. She says many Hayward schools are not delivering. "My son came home and said his teacher went to college today and I was kind surprised by that," said Maribel Heredia from Hayward. Surprised because she thought her son's teacher was already fully credentialed and not a teacher-in-training. So when the teacher would to leave to go to college, a substitute would fill in. Heredia is suing the U.S. Department of Education. "It's very important for the parents to have this information. Who is teaching your child at school," said Heredia. While schools report the number of fully credentialed teachers, they don't specify which teacher is or is not. Under the "No Child Left Behind" Act, Congress said all teachers must be fully credentialed; only then are they considered highly qualified. But the U.S. Department of Education allows some states including California to also count their teachers in training as highly qualified. Why? Because California has a teacher shortage. "You know we have those big districts that are going begging. They are not being filled," said Merrill Vargo from Springboard schools. Fully credentialed teachers have taken more tests, and have had more on-the-job training. The suit also argues that quite often these teachers-in-training are more concentrated at low-income and high-minority schools. The State Superintendent of Schools, Jack O'Connell said today: "this is a factor in why we have an achievement gap in our state between students who are African American or Latino and their peers who are white or Asian." "Does it mean that all the teachers in Walnut Creek are better than all the teachers in Oakland? Of course not. But on average, you are going to see more highly qualified, more top-notch, experienced teachers in a suburban district that in an urban district," said Derecka Mehrens, from the Association of Community Organizations For Reform Now. The activist group acorn has also put its name on the lawsuit. "This lawsuit is being made in hopes that we can raise for what the Department of Education right now considers highly qualified," said Mehrens. The law firm Public Advocates is another plaintiff in this case. They say more than 10,000 teachers-in-training are labeled as highly qualified by the state. The case will be heard at the U.S. District Court in San Francisco. |
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Vick football future in doubt after dog-fighting plea
Breaking Legal News |
2007/08/22 07:27
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| Atlanta Falcons quarterback Michael Vick may never play in the National Football League again after agreeing on Monday to plead guilty in a dog-fighting case. Vick, 27, faces up to five years jail if convicted on the initial charges related to the dog-fighting ring he was accused of operating at his Virginia property.
"Michael Vick typically does his best work when it appears he has nowhere to go," wrote Dan Pompei in Tuesday's Chicago Tribune.
"But the Atlanta Falcons' embattled quarterback is not going to scramble out of this one. He can't juke to his right to find a lane, or sprint to his left and outrun his pursuers.
"Throwing up a prayer isn't even an option -- though saying one is." Beyond any jail time Vick may serve, the strong-armed, fleet-footed Atlanta Falcons quarterback is likely to face further punishment from NFL Commissioner Roger Goodell, who has cracked down on players in trouble with the law.
Vick told Goodell in a face-to-face meeting in the spring he had nothing to do with the dog-fighting allegations, which included gambling and executions of dogs that underperformed.
His decision to plead guilty came after his three co-defendants made their own plea deals with the understanding they would testify against the quarterback.
"Michael Vick destroyed dogs, according to his partners in the despicable and inhumane crime, and as partial punishment, he has destroyed his NFL career," wrote Gary Myers of the New York Daily News.
Myers speculated that Vick could end up losing at least two to three NFL seasons with an expected league suspension following any jail time.
"Depending what the NFL uncovers in the illegal gambling aspect of the case, Goodell has the power to suspend him for life," Myers wrote about the six-year veteran and three-times Pro-Bowl selection.
"Three years away from the game should just about rob Vick of his greatest gifts -- his incredible athleticism and electrifying speed. Working out in the prison courtyard is not quite the same as training camp."
Many columnists wrote that if Vick should try a comeback after seasons away from the gridiron, teams would shy away from a player who could be a public-relations nightmare.
"For one of the league's most celebrated and marketable players, it's a staggering plunge from NFL penthouse to possible federal penitentiary," said USA Today's Jon Saraceno.
Vick signed a 10-year, $130 million contract with the Falcons in 2004. He has had his ups and downs on the field, making dazzling touchdown runs with his breakaway speed while at times misfiring for costly interceptions.
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Charge dropped against SoCal pedophile
Court Watch |
2007/08/22 07:19
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| A self-described pedophile was released from jail after prosecutors dropped a criminal case accusing him of violating a judge's order prohibiting him from being within 30 feet of children anywhere in California for three years. Prosecutors could not pursue the case against Jack McClellan, 45, after they determined the order was invalid because the judge failed to schedule and give McClellan proper notice of a hearing required to argue the merits of imposing such a long-lasting order before it is issued. McClellan was released from jail Tuesday. He was arrested Aug. 13 for investigation of violating the order when he was found near a child care center at the University of California, Los Angeles. He had a camera with him at the time, but he told a local TV station that there wasn't any film in it. McClellan was arrested again — several hours later — this time for trespassing after he did an interview with the TV station on university grounds. He had been told not to return to the campus after his first arrest. Prosecutors did not pursue the trespassing charges. Superior Court Judge Melvin Sandvig issued the order Aug. 3 requiring McClellan to stay at least 30 feet away from every person under age 18 in California for a three-year period, said Nick Velasquez, a spokesman for the Los Angeles city attorney's office.
A three-year order amounts to what is termed a preliminary injunction, and cannot be issued without the statutory hearing and notice requirements, according to the city attorney's office. Superior Court spokeswoman Pat Kelly said Sandvig could not comment because the case is pending. A call to his chambers went unanswered late Tuesday. A cellphone message left for McClellan was not returned. McClellan is unemployed and has been living out of his car. He stirred controversy in Southern California when he arrived this summer from Washington state, where he had lived with his parents. McClellan maintained a website in Washington where he posted photos of children he had taken in public places. He also discussed how he liked to stake out parks, public libraries, fast-food restaurants and other areas where little girls, or "LGs," congregated. His server took his website down more than a month ago. McClellan, who said he lives on supplemental security income and suffers from depression, has maintained that he launched the site as a form of therapy and wouldn't do anything illegal. McClellen also has a hearing set for Friday on a temporary restraining order preventing him from coming within 10 yards of children in the city of Santa Clarita in northern Los Angeles County, authorities said. |
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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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