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Democrat hopefuls face critical vote on Iraq
Politics | 2007/05/24 10:18

The U.S. House advanced a final $120 billion Iraq war spending bill today that would keep military operations afloat through September.

The bill was a major concession by Democrats who wanted to include a timetable for U.S. troop withdrawals, but relented because they didn't have enough votes to override another presidential veto. The House and Senate both planned to approve the measure by the end of the day.

For his part, Bush agreed to accept some $17 billion in added spending so long as there were not restrictions on the military campaign.

"I hate this agreement," said Rep. David Obey, D-Wis., chairman of the Appropriations Committee.

Obey said the deal was the best that Democrats could manage because "the White House is in a cloud somewhere in terms of understanding the realities in Iraq."

The bill includes the nearly $100 billion that President Bush requested for military and diplomatic operations in Iraq and Afghanistan as well as billions in domestic spending, including $6.4 billion in hurricane relief and $3 billion in agricultural assistance.

Republicans were unhappy about the added domestic spending, but said they were relieved the final measure did not attempt to set a timetable on the war.

"We cannot and will not abandon the Iraqis to be butchered by these terrorists in their midst," said Rep. David Dreier, R-Calif. "And we cannot and will not abandon our mission just as real progress is starting to be made."

The hefty spending bill has become a lightning rod for political attacks on Bush and his handling of the deeply unpopular war, which has killed more than 3,400 U.S. troops and cost more than $300 billion. But it also has exposed a sharp divide among Democrats on how far Congress should go to end the war.

Democratic presidential contenders on Capitol Hill are vying for the anti-war vote, but at the same time do not want to appear as though they are turning their backs on the military.

"I believe as long as we have troops in the front line, we're going to have to protect them," said Sen. Joseph Biden, D-Del. "We're going to have to fund them."

Biden was alone among the potential Democratic candidates in immediately pledging his support for the bill.

Two front-runners, Sens. Hillary Rodham Clinton of New York and Barack Obama of Illinois, declined to say how they intended to vote on the measure.

Both have voted against binding timetables for troop withdrawals in the past, before public sentiment against the war hardened or they became presidential contenders. Last week, the two voted to advance legislation that would have cut off money for U.S. combat operations by March 31, 2008, cutoff.

Challengers Sen. Christopher Dodd of Connecticut and Rep. Dennis Kucinich of Ohio said they would oppose the measure because in their view it issued a blank check to President Bush on the Iraq war.

"Half-measures and equivocations are not going to change our course in Iraq," Dodd said in a statement. "If we are serious about ending the war, Congress must stand up to this president's failed policy now — with clarity and conviction."

While the measure does not include a timetable on the war, it does threaten to withhold U.S. aid dollars for Iraq if Baghdad fails to make progress on political and security reforms. The president, however, could waive that restriction.

Biden said that while he would vote for the measure, he disagreed with the approach because it could hamper the Iraqi government's ability to take on more responsibility.

Democratic leaders planned multiple votes in the House today to ensure the measure would ultimately pass because of disagreements among members on elements of the bill. One vote was to be on war funding, while another would be to approve the extra money for domestic and military-related projects.

While liberal Democrats were expected to vote against the war funds measure, GOP members were expected to make up for the losses. On the added spending, Democrats likely were to be unified in their support for the measure, overcoming GOP objections.



US House passes gasoline price gouging bill
Breaking Legal News | 2007/05/24 10:13

The US House of Representatives narrowly passed the Federal Price Gouging Prevention Act Wednesday, approving heavy criminal penalties for oil companies and individuals who take "unfair advantage" or charge "unconscionably excessive" prices for fuel. House leaders used an expedited legislative process, so the bill required a two-thirds majority and passed by 284-141. The Bush administration and opponents of the bill called it a vague form of price control. The White House said Wednesday that Bush's advisors would recommend he veto the bill if the Senate equivalent passes as well.

Last May, the House passed a similar bill, the Federal Energy Price Protection Act, that would have required the FTC to define price gouging within six months of the bill's final passage. That bill failed in the Senate.



Appeals court throws out mother's death sentence
Court Watch | 2007/05/24 07:21

A sharply divided Texas Court of Criminal Appeals threw out the death sentence Wednesday of a Beaumont woman convicted of killing her newborn son. The 5-4 ruling by the state's highest criminal court means that Kenisha Berry, 29, will serve a life prison term. The baby's body was found bound with duct tape in a Jefferson County trash bin. He remained unidentified for five years until Berry was identified as the mother of a newborn girl who was found alive but abandoned and covered with fire ants in a ditch in June 2003. A DNA test later showed that Berry was also the baby boy's mother.

A jury in Beaumont convicted her of capital murder and sentenced her to death.

The appeals court upheld her conviction but ruled that Jefferson County prosecutors misstated the special issue presented to jurors regarding Berry's likelihood of being a future danger to society.

In a Tarrant County case, the appeals court upheld the conviction and sentence of Sheldon Ward, 27, condemned for killing Nyanuer "Mary" Pal five years ago in Fort Worth. Ward's attorneys had raised 13 points of error from his trial.



Phila. smoking ban excluded from court ruling
Breaking Legal News | 2007/05/24 05:25

A court ruling that struck down a smoking ban in Allegheny County does not affect Philadelphia's anti-smoking ordinance. The Commonwealth Court decision this week dealt with whether municipalities have a legal right to limit smoking in restaurants, workplaces or other indoor areas, and concluded that the state Legislature assumed jurisdiction over smoking when it enacted the Commonwealth Clean Indoor Act in 1988. A section of that law said its provisions would supercede local regulations, but the law specifically exempted Philadelphia, allowing the City Council to regulate smoking inside city limits.

"I'm confident that the Commonwealth Court decision does not affect the authority of the city of Philadelphia to enact a smoking ban," City Solicitor Romulo L. Diaz Jr. said.



Apple, labels slapped with class action suit
Class Action | 2007/05/24 02:28

A small record label has filed a class action lawsuit against Apple and other digital music stores as well as the major record labels that carry its catalog of tracks. Dawg Music, which is run by bluegrass musician David Grisman and his partner Craig Miller, claims that entities carrying Grisman's musical tracks are knowingly selling his works with poor or nonexistent compensation without his consent. Represented by Strange and Carpenter from the Law Offices of Jeffry L. Graubart, the suit makes a two-part complaint implicating both labels and their online digital retail partners. The complaint states that Universal and Warner have neglected Daw Music's copyrights and royalties when signing deals with online stores -- including Apple's iTunes service.

The two large record companies agreed to online distribution of Grisman's library without first acquiring permission from Dawg Music, according to AppleInsider, and by doing so both labels made unauthorized hard copies of the music while also usurping control of royalties due for each album. That lack of communication resulted in "gross underpayments," claims Dawg Music, and online retail efforts such as the iTunes Store are guilty by association because they agreed to host and sell the unsanctioned tracks.

The suit claims that AOL Music Now, Buy.com, Apple's iTunes, MSN.com, Napster, RealNetworks' Rhapsody, Wal-Mart.com, and Yahoo Music are guilty of trading songs without genuine consent because they send money to the intermediate labels but not the copyright holders.

Dawg Music also states that this evasion of copyrights has caused "irreparable injury" to the music label, and that the agreements will continue to damage the company as long as the present contracts for online music remain. All defendants named in the suit would be forced to pay Dawg Music for damages if the small label manages to prove its case in a central California court hearing.

Additionally, the court could order each defendant to pay $150,000 for each work whose copyright was violated if the case finds the labels and online music retailers guilty, adding up to millions of dollars in payments to Dawg Music.

Strange and Carpenter on behalf of Dawg Music will need to prove that none of the existing clauses in Dawg Music's contracts with Universal and Warner already cover the online distribution of their content if they are to win the case and recieve damages.



Court rejects Exxon appeal on damages
Court Watch | 2007/05/23 20:21

A federal appeals court on Wednesday rejected Exxon Mobil Corp.'s request to reconsider its earlier decision that cut nearly in half a $4.5 billion jury award punishing the company for the 1989 Valdez oil spill that fouled 1,500 miles of Alaskan coastline. In December, the 9th U.S. Circuit Court of Appeals reduced the punitive damage award to $2.5 billion in a case that began with a 1994 decision by an Anchorage jury siding with 34,000 fishermen and other Alaskans. The plaintiffs said they were hurt when Exxon's oil tanker struck a charted reef and spilled 11 million gallons of crude oil.

An Exxon spokesman said the Irving-based company, which still sees the award as excessive, would appeal the decision to the U.S. Supreme Court.
 



Gallop, Johnson & Neuman Names General Counsel
Law Firm News | 2007/05/23 11:32



John W. Traeger, a law partner at Gallop, Johnson & Neuman, L.C. in St. Louis with extensive experience dealing with federal, state and local environmental regulatory authorities, has been named internal General Counsel with oversight responsibilities regarding ethics, compliance, client service excellence, legal training and professional conduct issues for the firm.

As General Counsel, a newly appointed professional position at Gallop, Johnson & Neuman, Mr. Traeger is responsible for addressing potential issues regarding professional responsibility and legal compliance, mentoring, continuing legal education and attorney recruiting practices, as well as internal matters of attorney-client privilege and confidentiality.

Mr. Traeger is a member of Gallop, Johnson & Neuman’s Real Estate Practice Area and chairman of the firm’s Environmental Law Practice Area. He has extensive experience in areas of environmental, administrative and corporate law. He also serves on the firm’s Ethics Committee, Mentoring Committee and Lateral Committee, the latter of which focuses on attorney recruiting. Mr. Traeger will continue to serve clients of Gallop, Johnson & Neuman and to chair the firm’s Environmental Law Practice Area.

Thomas J. Campbell, Managing Partner of Gallop, Johnson & Neuman, said, “The appointment of John Traeger as General Counsel strengthens our firm’s commitment to client service excellence, mentoring and professional responsibility in the legal profession.”

Before joining Gallop, Johnson & Neuman in 2000, Mr. Traeger served as internal corporate counsel at Ralston Purina Co. and Continental Baking Co in St. Louis. His legal experience in environmental areas includes matters of mergers and acquisitions, Superfund litigation, the Clean Air Act and Clean Water Act, environmental site assessments, wetlands and hazardous waste issues. Mr. Traeger also serves clients regarding business and real estate issues, and electronically stored records management programs to assure compliance with federal and state regulations.

Mr. Traeger is a member of The American Bar Association, The Missouri Bar, The Bar Association of Metropolitan St. Louis, and the St. Louis Regional Chamber and Growth Association. He earned a J.D. degree from St. Mary’s University School of Law and a Bachelor of Sciences degree from Colorado College.

Gallop, Johnson & Neuman has served clients in St. Louis and around the world for more than 30 years. The law firm and its attorneys are distinguished by a Commitment to Excellence. The firm serves public and privately held corporations, small companies, start-up enterprises, entrepreneurs and non-profit entities, as well as individuals and families. Gallop, Johnson & Neuman is one of the ten largest law firms in St. Louis. Offices are located at 101 South Hanley Road, Suite 1700, Clayton, Missouri, 63105.



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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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