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Lawyer May Face Criminal Charges for Shocking Client
Court Watch |
2007/08/21 07:42
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Prosecutors in California may file criminal charges against a defense lawyer and an expert witness who shocked their client with a Taser in an attempt to show that police injured their client with the stun gun when he was arrested last year, the attorney told ABC News. Police say they briefly used the Taser a few times on Peter Schlueter's client George Engman to subdue him when they arrested him last year. Schlueter, who claims the police used excessive force against his client, said Engman had injuries that could only come from about a dozen zaps, or about 30 to 50 seconds, with the Taser. During a court hearing for Engman's case last week, Schlueter showed a video of a police tactics consultant shocking Engman for a few seconds, in order to demonstrate that Engman's injuries were more severe than those caused in the video. Schlueter and his brother were also shocked in the video, Schlueter said. But, after the tape was shown, San Bernardino County Deputy District Attorney Dan Ross said that Schlueter and his consultant Roger Clark may have violated the state's human experimentation law, which requires patients to sign waivers for medical experiments, according to Schlueter and local news reports. When questioned by Ross, Clark testified that he was not certified to use the Taser and that he had not obtained waivers from Engman, Schlueter or his brother. "It's something we're going to look at," Ross said of filing criminal charges, according to the Inland Valley Daily Bulletin. He declined to comment when contacted by ABC News. Judge Katrina West postponed the hearing, advised Clark of his right against self-incrimination and appointed an attorney to represent him. She also advised Schlueter of his rights. Schlueter said the move by prosecutors was an attempt to stop him from showing how police used excessive force on Engman. He said he had to shock Engman because he could not get studies on injuries caused by the weapons from Taser International. "I've never, ever heard of a single case like this," Schlueter said. Ross told the Daily Bulletin that Clark's experiment damaged his credibility as an expert. Neil Shouse, a former Los Angeles prosecutor, said the case was "very unusual. & This is first time I've heard of something like this," he said. The state's human experimentation laws require that subjects of medical experiments be given an explanation of the purposes and risks of any experiment. They must give their written consent to participate. Violations can carry penalties of up to one year in jail or a $50,000 fine. Alexander Capron, a professor of law and medicine at the University of Southern California, and an expert in medical ethics, said the law, which applies to "medical experiments," was intended to apply to medical research. Told about Schlueter's case, Capron said, "This doesn't sound like research, as that's usually understood." "If he's allowing himself to be stunned for the purpose of producing evidence in court, the notion that they're engaged in research seems laughable on its face," he said. |
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Judge Has Unprepared Lawyer Arrested
Legal Business |
2007/08/21 07:39
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An Ohio judge angered state and national defense lawyers after he had a public defender arrested for being unprepared for trial. Portage County Judge John Plough had assistant public defender Brian Jones arrested for contempt of court last week after Jones refused to begin a misdemeanor assault trial because he said he was unprepared. Jones was assigned to the case one day earlier. Jones, who started working as a public defender earlier this year, was held for five hours in the local jail before being released on bail, said Ian Friedman, a lawyer with the Ohio Association of Criminal Defense Lawyers. A hearing on the contempt charge, to be held before Plough, is scheduled for Friday. Jones' attorneys have asked Plough to remove himself from the case, saying he cannot be impartial. Plough did not return calls for comment Monday. Plough's ruling prompted an outcry from defense lawyers, both in Ohio and across the country. Carmen Hernandez, president of the National Association of Criminal Defense Lawyers, said in a statement that defense lawyers have an ethical obligation not to start trial if they are not prepared. "Asking a lawyer to go to trial without preparation is like asking a doctor to perform surgery before diagnosing the patient," she said. The Ohio Association of Criminal Defense Lawyers has also intervened. "The defense bar has been outraged," said Friedman. "Anyone who's heard of this matter has been outraged." This is not the first time that Plough has come under fire. Earlier this year he reportedly had another public defender arrested for refusing to go forward with a trial, though in a May interview with the Cleveland Plain Dealer Plough denied that he had the first lawyer arrested. In May, Portage County Judge Laurie Pittman complained about Plough to the Ohio Supreme Court's Office of Disciplinary Counsel, saying he intimidated defendants who acted as their own lawyers, according to the Plain Dealer. She said Plough was "making a mockery of justice," according to a letter cited by the Plain Dealer. Pittman and the Office of Disciplinary Counsel declined to comment. The office has not opened an official investigation into Plough. |
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Researcher Taps High Court Over Samples
Law Center |
2007/08/21 06:34
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A Supreme Court justice on Monday rejected a request by a Northwestern University cancer researcher in a dispute over ownership of thousands of blood and tissue samples. Dr. William Catalona spearheaded creation of a repository of more than 3,500 prostate tissue samples and 100,000 blood samples at Washington University in St. Louis. In 2003, he became director of the Clinical Prostate Cancer Program at Northwestern University. Washington University sued to keep the samples, and won several federal rulings. Justice Samuel Alito refused to grant a delay in the federal appeals court decision.
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Countrywide lawsuit seeks class action status
Class Action |
2007/08/21 05:36
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Law firm Lerach Coughlin Stoia Geller Rudman & Robbins LLP on Monday filed a lawsuit against mortgage lender Countrywide Financial Corp that seeks class action status. The suit was filed in the U.S. District Court for the Central District of California on behalf of purchasers of Countrywide common stock during the period between Jan. 31, 2006 and Aug. 9, 2007, the firm said in a statement. |
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Tech giants Cisco, Microsoft team up
Venture Business News |
2007/08/21 05:33
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Microsoft Chief Executive Steve Ballmer made assurances that there would be no corporate "jujitsu." Cisco Systems' CEO John Chambers said he trusted Microsoft. In an unusual press event to showcase their evolving business alliance, the leaders of the two tech giants Monday described how an increasing level of collaboration, as well as "respectful" competition, will drive the next wave of innovation and business success. The alliance between Cisco and Microsoft, Chambers said, "could be a role model for our industry." Seven initiatives, ranging from security to entertainment, were announced in a New York press conference. Questioned first by television interviewer Charlie Rose and later by business reporters, Ballmer and Chambers explained how a partnership that began 10 years ago had deepened in the past three years. Ballmer, known for his intense manner, and Chambers, more diplomatic with a soft West Virginia drawl, offered a vision that sharply contrasted with the historic and fierce rivalry between Microsoft and some other Silicon Valley companies, such as Apple, Netscape and Sun Microsystems. Allegations of anti-competitive practices have dogged Microsoft since at least 1991, ultimately leading to a federal antitrust lawsuit and settlements that required the Redmond, Wash., company to change some of its practices. Cisco's relationship with Microsoft has never been that adversarial. On Monday, the executives said collaboration would occur whether they participate or not because the so-called Web 2.0 era makes it easier for users to share information and work together. Moreover, customers are demanding such cooperation because they expect technology to become more user-friendly, Ballmer and Chambers said. Rather than choosing one company's line of products, they explained, business customers are asking for "interoperability" on a range of products from the companies. Business clients, Ballmer said, are still "glad for the competition," but also saying, "tell me how you are going to work with Cisco." Chambers, returning to a favorite theme, said he believed that collaboration between companies will deliver the next wave of innovations. Cisco and Microsoft are teaming up on projects that previously would have been handled internally. Until now, homegrown patents and acquisitions have been the primary ways for a company to grow its technology portfolio. Microsoft's reputation for rough business tactics was noted in the press conference. Questioned by a reporter, Ballmer said Microsoft would not try to manipulate the alliance for a competitive advantage against Cisco. It's not a scenario, Ballmer said, of Microsoft executives anticipating a meeting in which "John's (Chambers) going to tell us everything he's doing so we can jujitsu him. That's not going to happen." Chambers later said the alliance would work because he trusts Microsoft. But collaboration will pose a management challenge, particularly in research and development, Chambers said. He noted that it already was difficult within Cisco to manage research across departmental "silos." "This requires a very sophisticated level of management," he said. The alliance, according to a press release, will focus on several key areas of collaboration, including: • IT architecture. "Customers are asking Microsoft and Cisco to come together on their infrastructure visions . . . as manageability, performance, security and scalability become even more critical to success in the evolving service-oriented infrastructure." • Security. Because of the increased threats of viruses and hacks, "true security requires an architectural approach vs. a deployment of point solutions." Moreover, Cisco and Microsoft are working with storage giant EMC on the Secure Information Sharing Architecture, which allows government agencies to more effectively share confidential information across traditional boundaries. • Wireless and mobile. The companies are working to allow Cisco's Unified Communications Manager to interact with Windows Mobile-powered devices. "This will enable customers to enjoy integrated presence, telephony, calendaring and other unified communications capabilities." • Connected entertainment. Anticipating an Internet-driven revolution in home entertainment, the partnership will promote interoperability in areas like Internet Protocol TV. Both executives said the companies still expect to compete in many areas. Ballmer said he respects Cisco's products but that in areas of direct competition such as Web conferencing, "I respect ours more." |
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Man pleads guilty to killing co-worker rival
Breaking Legal News |
2007/08/21 04:44
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A suburban Buffalo man has pleaded guilty to charges stemming from the shooting death of a co-worker who was involved in a lovers' triangle via the Internet. Forty-eighty-year-old Thomas Montgomery of Cheektowaga pleaded guilty today to first-degree manslaughter in the killing of 22-year-old Brian Barrett of Lockport. Barrett's body was found in his vehicle in the parking lot of the suburban Clarence company where both men worked. Montgomery admitted to shooting Barrett three times last September. He and Barrett had been involved in an Internet relationship with a middle-aged West Virginia woman who was using her daughter's Web page information to pose as an 18-year-old. Montgomery -- who was charged with murder in late November -- faces sentencing at the end of October. |
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Ex-Secretary To Settle Suit Against Shapiro's Firm
Legal Business |
2007/08/20 14:56
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A former secretary who alleged she was fired by attorney Robert Shapiro's firm for exposing wrongful billing practices reached a tentative agreement to settle her lawsuit, her attorney told a judge Monday. Pauletta James sued the law firm of Christensen, Glaser, Fink, Jacobs, Weil & Shapiro in November 2003, alleging she was terminated for being a whistleblower. She had worked as a legal secretary for Shapiro and an associate for about a year, beginning in February 2002, her lawsuit stated.
The firm's lawyers stated in their court papers that she was let go for poor work habits and for not getting along with Shapiro.
Lawyers for James and the Christensen law firm appeared before Los Angeles Superior Court Judge John Shepard Wiley Monday, saying both sides agreed to all terms and that the defense will prepare the final document for signatures.
Wiley said he was pleased to hear of the agreement in principle. "To try this case would have been nasty," Wiley said. "Neither side would have had a pleasant experience." The judge said the settlement avoids the uncertainty James and the Christensen law firm would have faced had the case gone to a jury, which was scheduled for trial Sept. 11. He urged the lawyers to put the settlement in final form soon before any last minute disagreements develop.
"Let's get this in the can," Wiley said.
Outside the courtroom, James' lawyer, Patricio T. Barrera, said the terms are confidential and therefore his client, who was present in court, cannot comment.
However, James said she currently does temporary work and now is "contemplating going to law school."
James said that despite her conflicts with Shapiro, she also had many good experiences working with him and at the law firm.
Shapiro and the law firm won dismissal of the case from another Superior Court judge last year, but a panel of the 2nd District Court of Appeal in July 2006 reinstated her lawsuit against the firm only.
In March, James and her former attorney, James K. Autrey, told the judge that serious disagreements had developed concerning his handling of her case. "There's been a complete breakdown in our ability to work together," Autrey told Wiley.
The judge told James that she should find another attorney if she had to.
James eventually replaced Autrey with Barrera. Monday, Wiley praised her for doing so.
"Miss James, you took my advice ... and got a great lawyer," Wiley said.
Shapiro's clients have included O.J. Simpson, Darryl Strawberry, porn star Linda Lovelace and the late Johnny Carson. |
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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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