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IRS Removes RLA loans from Free File Customers
Breaking Legal News | 2006/12/05 12:48

Washington -- President Bush has accepted “with deep regret” the resignation of U.S. Representative to the United Nations John Bolton.

In a statement released by the White House December 4, the president credited Bolton with leading negotiations in the U.N. Security Council that resulted in unanimous resolutions on North Korean military and nuclear activities, a resolution calling on Iran to suspend the enrichment and reprocessing of uranium, and a U.N. peacekeeping commitment to Sudan.

Bolton was appointed to the post in August 2005 during a period when the U.S. Senate, which normally would vote on the nomination, was in recess.  Under the U.S. Constitution, a president may make temporary recess appointments without Senate confirmation.

The president re-nominated Bolton on November 9, but administration officials believed that his nomination did not have enough support in the Senate Foreign Relations Committee to come to the full Senate for a confirmation vote.

Bush said some senators were practicing “stubborn obstructionism” by “obstruct[ing] his confirmation” despite Bolton having the support of the majority of the Senate.  “[T]heir tactics will disrupt our diplomatic work at a sensitive and important time,” Bush said.

White House press secretary Tony Snow blamed Bolton’s difficulties in the Senate on “partisanship and not performance,” adding, “for whatever reason the confirmation process seems to be broken.”

The press secretary called on both Republicans and Democrats in the Senate to cooperate on “a confirmation process that allows competent people who share the president’s goals and policies to become confirmed for key positions.”



USDA announces $20 Million in Conservation Grants
Breaking Legal News | 2006/12/05 12:35

WASHINGTON, -Agriculture Secretary Mike Johanns today announced the request for proposals for Conservation Innovation Grants (CIG). The CIG program is designed to stimulate the development and adoption of innovative conservation approaches and technologies.

"CIG rewards the creation of new and innovative approaches to managing the nation's natural resources more effectively and efficiently," said Johanns. "It allows applicants to come up with practical solutions to address conservation and resource management on a local, regional or national scale."

USDA's Natural Resources Conservation Service administers CIG. For FY 2007, up to $20 million is available for the National CIG competition. Funds for single- or multi-year projects, not to exceed three years, will be awarded through a nationwide competitive grants process with applications accepted from all 50 States, the Caribbean Area (Puerto Rico and the Virgin Islands) and the Pacific Basin Area (Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) from all eligible government or non-government organizations or individuals, including federally recognized tribes.

There are three CIG categories available in FY 2007:

  • Natural Resource Concerns Category—up to $10 million available for proposals addressing one or more of the CIG natural resource concerns. This component was also offered in 2004, 2005 and 2006.
  • Chesapeake Bay Watershed Category—up to $5 million available for proposals addressing one or more of the CIG natural resource concerns in the Chesapeake Bay watershed. This component was also offered in 2005 and 2006.
  • Technology Category—up to $5 million available for proposals addressing one or more of the CIG technology categories. This component was offered for the first time in 2006.

Applicants should explain how large a geographic area the project would benefit. These projects may be watershed-based, regional, multi-State, or nationwide in scope. Applications should describe the use of innovative technologies or approaches, or both, to address a natural resource conservation concern or concerns.

Funding for CIG is made available through the Environmental Quality Incentives Program (EQIP). All proposed CIG projects must involve EQIP-eligible producers. CIG funds that are used to provide direct or indirect payments to individuals or entities to implement structural, vegetative or management practices are subject to the $450,000 EQIP payment limitation. CIG is not a research program but rather a tool to stimulate the adoption of conservation approaches or technologies that have been studied sufficiently to indicate a high likelihood of success, and are likely candidates for eventual technology transfer.

CIG will fund projects targeting innovative on-the-ground conservation, including pilot projects and field demonstrations. Technologies and approaches that are commonly used in the geographic area covered by the application, and which are eligible for funding through EQIP, are not eligible for funding through CIG. Proposed projects must conform to the description of innovative conservation projects or activities published in the Announcement of Program Funding (APF).

CIG funds pilot projects and conservation field trials that can last from one to three years. Grants for approved projects cannot exceed 50 percent of the total project cost. The federal contribution for a single project cannot exceed $1 million. At least 50 percent of the total cost of the project must come from non-Federal matching funds (cash and in-kind contributions) provided by the grantee. While NRCS will provide technical oversight for each project receiving an award, the grantee is responsible for providing the technical assistance required to successfully complete the project.

To view the Announcement of Program Funding or to apply visit: http://www.nrcs.usda.gov/programs/cig or http://www.grants.gov/ . For more information about NRCS conservation programs visit http://www.nrcs.usda.gov or visit the nearest USDA Service Center.



FCC Chair Seeks To Move Telecom Merger Forward
Breaking Legal News | 2006/12/02 17:59

Federal Communications Commission (FCC) Chairman Kevin Martin has asked the FCC general counsel to consider whether one commissioner with a potential conflict of interest may be allowed to consider a proposed $82.2 billion merger of BellSouth and AT&T. The merger has been delayed three times as the proposal has failed to gain approval from a majority of the five FCC commissioners. Republicans hold a 3-2 advantage, but voting has been deadlocked at 2-2 as Republican Commissioner Robert McDowell, a former lobbyist, recused himself from voting due a conflict of interest. Martin took steps to break the stalemate Friday, notifying Congress of his petition to the FCC general counsel. Title 18, Section 208 (b) of the US Code would allow the general counsel to reinstate McDowell if "the interest of the Government in the employee's participation outweighs the concern that a reasonable person may question the integrity of the agency's programs and operations."

The merger has already been approved without reservation by the US Department of Justice Antitrust Division following an eight-month investigation that concluded that AT&T's proposed acquisition of BellSouth was not likely to "substantially reduce competition" in the US telecom market. In an October letter, the Democratic FCC commissioners said that serious questions remained about whether the merger would serve the public interest, especially against the backdrop of other forms of consolidation and concentration in the telecommunications industry.



Video Game Industry Wins Two More Legal Battles
Breaking Legal News | 2006/12/01 09:48

The Entertainment Software Association, the trade group representing video game companies, won two more legal battles this week against laws aimed at restricting the sale of violent games to minors. On Tuesday, the US Court of Appeals for the Seventh Circuit upheld the 2005 ruling that the "Safe Games Illinois Act" was unconstitutional. The appeals court agreed that the labeling requirements and restrictions on the sale of objectionable games to minors were overbroad and not narrowly tailored.
Under the original district court order in the case, Illinois also owes the ESA over $500,000 in legal fees - an amount which has not been paid. A spokesman for Illinois Governor Rod Blagojevich said the state "will comply with any court order" but didn't provide a timetable for payment or a reason for the delay. The ESA has gone to court to request a deadline for payment and is seeking an additional $7,800 in interest; a ruling on their motion is expected next month.

The US District Court for the Middle District of Louisiana has meanwhile delivered a similar victory for the ESA, ordering a permanent injunction against a Louisiana law that would ban the sale of violent video games to minors. Judge James Brady made the ruling from the bench with no written opinion; in issuing a temporary injunction in August, he wrote "the evidence that was submitted to the legislature in connection with the bill that became the statute is sparse and could hardly be called in any sense reliable". Assistant Attorney General Burton Guidry said "We did everything we could to defend the law, but, as the judge said, the law was practically unenforceable as written". Outspoken video game critic Jack Thompson had drafted the law, although he later feuded with Guidry over the case and even accused Guidry of not adequately presenting the government's side.



Miami Hospital Pays $15.4 Million to Resolve Fraud Case
Breaking Legal News | 2006/11/30 12:40

Larkin Community Hospital in Miami and its current and former owners, Dr. Jack Michel, Dr. James Desnick, Morris Esformes and Philip Esformes, have paid $15.4 million to settle federal and Florida civil health care fraud claims against them, the Justice Department announced today. Additionally, 34 related companies owned by the Esformes that were used to operate nine assisted living facilities are part of the settlement along with Claudia Pace, an employee of one of the Esformes-owned companies; and Frank Palacios, a long-time employee of the hospital.

The settlement resolves the civil case entitled United States v. Jack Jacobo Michel, M.D., et al., which the government filed in 2004, alleging violations of the False Claims Act. The state of Florida joined the suit later that year.

The government alleged that in 1997, Larkin, then owned by Desnick, paid kickbacks to physicians in return for patient admissions. The United States contended that the primary recipient of the kickbacks was Jack Michel, who was paid for patient admissions to Larkin by himself and his brother, Dr. George Michel. Jack Michel purchased Larkin in 1998. In 2000, Desnick was a party to a $14 million settlement with the United States for a similar kickback scheme from 1992 to 2000 at another facility he owned, Doctors Hospital of Hyde Park in Chicago.

The United States also alleged in the Michel suit that from 1998 to 1999, Jack Michel, George Michel, Morris Esformes, Philip Esformes, Frank Palacios and Claudia Pace conspired to admit patients to Larkin for medically unnecessary treatment. The government asserted that some of these patients came from assisted living facilities owned and operated by Jack Michel, Morris Esformes and Philip Esformes.

"The Department of Justice is committed to vigorously litigating cases about conduct that undermines the integrity of the Medicare and Medicaid programs," said Peter D. Keisler, Assistant Attorney General for the Department's Civil Division. "We will not tolerate health care providers who pay kickbacks or perform medically unnecessary treatments on elderly beneficiaries in order to generate Medicare and Medicaid payments."

The case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General; the Federal Bureau of Investigation; and the Florida Medicaid Fraud Control Unit. The case was handled by the Justice Department's Civil Division, the U.S. Attorney's Office for the Southern District of Florida in Miami and the Office of the Attorney General of the state of Florida.



Supreme Court to hear Global Warming case
Breaking Legal News | 2006/11/29 18:16
The US Supreme Court heard oral arguments Wednesday in Massachusetts v. EPA, 05-1120, a case where 12 states and several environmental groups are challenging an Environmental Protection Agency (EPA) determination that it does not have the authority under the Clean Air Act (CAA) to regulate the emission of "greenhouse gases," such as carbon dioxide, by automobiles.

The petitioners argued that the unfettered emission of greenhouse gases causes irrevocable damage to the environment through the erosion of coastal land. Questions remain, however, whether the petitioners have sufficiently satisfied the burden of proving that the EPA's failure to regulate caused any harm. Chief Justice John Roberts and Justice Samuel Alito appeared most reluctant to accept the petitioners' arguments, noting that EPA regulation of automobiles would have little impact on the overall emission of greenhouse gases.

Lawyers representing the EPA pointed to the substantial effect on the economy that regulation would cause. Additionally the federal government lawyers argued the Bush administration's position that the EPA would not restrict emissions even if it had the authority under the CAA because scientific evidence of the effect of greenhouse gases on global warming is too uncertain. Massachusetts v. EPA is the first case concerning global warming to come before the Supreme Court.

Neal Andrea
Staff Reporter


Department of Justice Settles Discrimination Lawsuit
Breaking Legal News | 2006/11/29 11:37

WASHINGTON – The Department of Justice today reached a settlement in a case against Beaulah Stevens alleging housing discrimination on the basis of race or color in renting properties owned and managed by the defendant in Saraland, Ala.

The government’s complaint alleged that the defendant violated the federal Fair Housing Act when she discriminated against the victim, Michele Jones, upon learning that her child is biracial and that she associated with African Americans. The complaint also alleged that two fair housing tests conducted by the Mobile Fair Housing Center (now known as the Center for Fair Housing, Inc. of Mobile, Ala.) showed that the defendant treated white testers who inquired about the availability of units for rent more favorably than African American testers.

“The intent of the Fair Housing Act is to provide all Americans equal access to housing unencumbered by the pernicious obstacle of racial discrimination,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “This type of racial discrimination is against the law and will not be tolerated.”

“This case shows that the Department of Justice and this office believe that housing discrimination is a serious violation of the law,” said Deborah J. Rhodes, U.S. Attorney for the Southern District of Alabama. “We will enforce federal laws against racial discrimination.” The case was initiated when Ms. Jones filed a fair housing complaint on behalf of herself and her daughter with the U.S. Department of Housing and Urban Development (HUD). After investigating the matter, HUD issued a charge of discrimination, and the matter was referred to the Justice Department, which filed the lawsuit in May 2005.

“HUD commends the Department of Justice's ongoing commitment to enforcing this nation's fair housing laws,” said Kim Kendrick, HUD's Assistant Secretary for Fair Housing and Equal Opportunity. “No one should be denied housing because of his or her race or because of the race of any member of that household. This settlement was not just a victory for this mother and daughter, but it was a greater victory for the principles of justice and equality.”

The settlement, which must be approved by the U.S. District Court for the Southern District of Alabama, resolves the government’s case as well as the related claims of Ms. Jones and Angela Macon, a neighbor of Ms. Jones, both of whom intervened in the government’s lawsuit. Under the settlement, the defendant has agreed to pay more than $40,000 in damages and penalties; to post a nondiscriminatory rental policy; to undergo training on the requirements of the Fair Housing Act; and to submit periodic reports to the Justice Department.

Fighting illegal housing discrimination is a top priority of the Justice Department. In February 2006, Attorney General Alberto R. Gonzales announced Operation Home Sweet Home, a concentrated initiative to expose and eliminate housing discrimination in America. This initiative was inspired by the plight of displaced victims of Hurricane Katrina who were suddenly forced to find new places to live. Operation Home Sweet Home actively targets housing discrimination all over the country.



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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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