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Armstrong appeals to Texas Supreme Court
Breaking Legal News |
2014/05/05 13:39
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Lance Armstrong asked the Texas Supreme Court on Friday to stop a Dallas company from trying to force him to pay back about $12 million in bonuses it paid him for winning the Tour De France.
SCA Promotions sued Armstrong last year after he admitted using performance enhancing drugs during his career.
The dispute dates to 2005 when SCA investigated allegations of drug use and Armstrong gave sworn testimony denying doping.
The company arbitration eventually settled in arbitration and agreed to pay him.
The original arbitration panel has agreed to reopen the case. Armstrong's attorneys say Texas law won't allow parties to revisit voluntary settlements.
Lower courts have refused to stop the case. Now Armstrong is appealing to the state's highest civil court.
Armstrong has faced several lawsuits since admitting last year that he used steroids and other performance-enhancers to win the Tour de France every year from 1999-2005. |
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Court declines to hear Microsoft antitrust case
Breaking Legal News |
2014/04/29 15:28
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The Supreme Court has declined to take up software maker Novell Inc.'s appeal in a long-running antitrust case against Microsoft Corp.
The justices on Monday let stand an appeals court ruling that rejected Novell's $1 billion lawsuit alleging Microsoft undermined the once popular WordPerfect writing program in favor of its own Word program with the Windows 95 rollout.
Novell claimed Microsoft duped it into developing WordPerfect for Windows 95 only to pull the plug so Microsoft could gain market share with its own product. Novell says it was forced to sell WordPerfect for a $1.2 billion loss.
The 10th Circuit ruled that Novell's complaint came too late and it failed to make the larger case that Microsoft was protecting a monopoly on operating systems. |
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Man to plead guilty in Disney insider info case
Breaking Legal News |
2014/04/21 12:55
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A man will plead guilty to securities fraud and pay regulators around $801,000 for using insider information to profit from Disney's $4 billion acquisition of Marvel Entertainment in 2009.
According to the deal filed in Los Angeles federal court Wednesday, Toby Scammell learned from his then-girlfriend, a Disney corporate strategy employee, that Disney would acquire a well-known company she didn't name.
Scammell learned from his consulting company that Disney had previously wanted to acquire Marvel. He bought call options in Marvel stock for around $5,500, and later sold them for $192,000 in profit.
Last month, Scammell agreed to settle a parallel civil case and pay $801,000 to the Securities and Exchange Commission, which will be credited to his fine in the criminal case. He also faces prison time.
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Lawyer: Evaluate stabbing suspect's mental health
Breaking Legal News |
2014/04/15 12:12
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The attorney for a 16-year-old accused of stabbing 21 other students and a security guard at their high school said Thursday he wants to have a mental health expert evaluate the boy and hopes to have the case moved to juvenile court.
For now, Alex Hribal is charged as an adult with four counts of attempted homicide, 21 counts of aggravated assault and a weapons charge, and is being held without bond in the Westmoreland County juvenile detention center.
In an interview with ABC's "Good Morning America," attorney Patrick Thomassey acknowledged that his client stabbed the victims, and said any defense he offers will likely be based on the boy's psychological state, which he hopes to have an expert evaluate soon.
"I would assume so, yes, depending on what the mental health experts tell me," Thomassey said.
He said that, under Pennsylvania law, he will have to convince a judge that Hribal can be rehabilitated in juvenile court, which would have jurisdiction over him until he's 21. If convicted as an adult, Hribal faces likely decades in prison.
The attorney told several media outlets that Hribal was remorseful, though he acknowledged his client did not appear to appreciate the gravity of his actions. Thomassey said he is still getting to know his client, saying he spoke with Hribal only for about 20 minutes before his arraignment late Wednesday. |
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Court seems likely to block Secret Service case
Breaking Legal News |
2014/03/28 09:05
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The Supreme Court appeared likely Wednesday to block a group of protesters from bringing free-speech claims against two Secret Service agents who were guarding President George W. Bush during a 2004 visit to Oregon.
The court's liberal justices seemed just as reluctant as the conservatives to find that the agents violated the protesters' First Amendment rights by moving them farther away from the president while allowing a separate group of pro-Bush demonstrators to stay a bit closer.
The protesters claim they were moved for loudly expressing their opinions while Bush was having dinner at an outdoor patio and not for any genuine security reasons.
Deputy Solicitor General Ian Gershengorn argued that agents who make on-the-spot judgments about the president's security should be shielded from liability.
"There are times when we don't want a reasonable official to hesitate before he acts and nowhere is that more important than when the specter of presidential assassination is in order," Gershengorn told the justices. |
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Court ruling could delay California water project
Breaking Legal News |
2014/03/17 13:14
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A state appellate court has ruled that California water officials cannot go onto private property for soil testing and other studies related to construction of two massive tunnels that would siphon water from the Sacramento River.
Nancy Vogel of the state's Department of Water Resources said Friday that officials anticipated the ruling and work won't be delayed.
The decision handed down Thursday by the state's 3rd District Court of Appeal says an intrusion on private property without permission violates the California Constitution.
If built, the Bay Delta Conservation Plan — estimated to cost billions of dollars — would send fresh water around the Sacramento-San Joaquin Delta to Central and Southern California.
The ruling stems from a lawsuit filed against the state by more than 150 property owners in Sacramento, San Joaquin, Yolo, Solano and Contra Costa counties.
The three-judge panel ruled 2-1 in a 44-page decision with the majority opinion saying the state must adhere to eminent domain laws, which give property owners the right to a jury trial to determine a fair payment for taking away their land.
Acts such as testing soil, observing or trapping animals either by driving onto property, using boats or going on foot amount to "taking" and trigger the need for eminent domain proceedings, the majority opinion said. |
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Court upholds $185 million award against Argentina
Breaking Legal News |
2014/03/07 14:36
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The Supreme Court has upheld a British natural gas company's multimillion dollar award against the government of Argentina.
BG Group won $185 million through arbitration of a dispute with Argentina over investment in natural gas development. An arbitration tribunal said the company did not have to first submit the dispute to Argentine courts before arbitration could begin.
Argentina asked a U.S. court to throw out the award. The federal appeals court in Washington, D.C., sided with Argentina because it found that judges, not arbitrators, should decide where attempts to resolve the dispute should begin.
But the Supreme Court said Wednesday the arbitrators get to make that call and that they were correct to rule in favor of BG Group in this case. |
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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 and help you redesign your existing law firm site to secure your place in the internet. |
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