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Court leaves status of Miss. executions in limbo
Court Watch | 2007/08/09 07:55
A federal appeals court has refused to consider whether Missouri’s lethal injection method of capital punishment is constitutional, leaving it unclear whether executions will resume in the state. The 8th U.S. Circuit Court of Appeals on Tuesday denied a request by condemned inmate Michael Taylor to consider the question. The inmate’s attorney vowed to appeal to the U.S. Supreme Court.

Taylor had appealed to the full appeals court after a three-judge panel ruled in June that Missouri’s execution procedure is not cruel and unusual punishment. That ruling had overturned another judge’s decision to ban executions until the lethal injection process was reformed.

Taylor’s attorney said Wednesday that she will ask the U.S. Supreme Court to review the case. And while the high court accepts only a small percentage of the thousands of cases it is asked to review each year, “this has a better shot than most,” attorney Ginger Anders said. “It’s an extremely important issue, one that is going on in a lot of states.”

A Kansas City federal judge’s order last year to suspend executions could be lifted within a week, freeing the Missouri Supreme Court to set execution dates.

But if Taylor asks, and the appeals court agrees, the moratorium could continue while the U.S. Supreme Court decides whether to consider his case.

'Step toward resolution'
Brian Hauswirth, a state Corrections Department spokesman, called the ruling “another step toward resolution of the legal challenges to lethal injection.”

Taylor’s case had prompted a federal judge last year to place a moratorium on executions in Missouri. U.S. District Judge Fernando Gaitan Jr. said he wanted to be sure that the three-drug injection method did not cause risk of pain and suffering.

Gaitan wanted the state to involve a doctor specializing in anesthesia, but the state has been unable to find such a doctor willing to participate in the executions.

The three-judge appeals panel on June 4 reversed Gaitan’s ruling, saying the state’s execution protocol “is designed to ensure a quick, indeed a painless, death.”

But Taylor argued the panel focused too narrowly on the protocol rather than how it is implemented, or any accidents or mistakes by staff that may result.

Days after the June 4 ruling opened the way for restarting executions in Missouri, Attorney General Jay Nixon asked the state Supreme Court to set execution dates for 10 condemned inmates — more than one-fifth of the state’s 44 death row inmates.

Drugs contested

The debate centers on the three drugs used in executions. The argument is that if the initial anesthetic does not take hold, a third drug that stops the heart can be excruciatingly painful. But the inmate would not be able to communicate the pain because of a second drug that paralyzes him.

Missouri is among at least nine states that had put executions on hold as they consider whether lethal injection is inhumane.

Taylor was convicted of killing a 15-year-old girl in Kansas City in 1989 after kidnapping her from a school bus stop. He was hours away from being executed in February 2006 when the procedure was halted.

Missouri hasn’t executed an inmate since convicted killer Marlin Gray was put to death in October 2005.



Judge Says Couey Eligible For Death Penalty
Court Watch | 2007/08/09 02:00
Circuit Judge Richard Howard ruled Tuesday that John Couey is not mentally retarded. That means Couey, 48, is eligible for the death penalty. Defense attorneys argued Couey cannot face execution because he is retarded. Howard sifted through a great deal of evidence and testimony on the issue of Couey's mental status and ultimately relied on what he called the most credible intelligence test: one administered by prosecution expert Gregory Pritchard, a clinical psychologist.

Couey scored 78. The legal cutoff point is 70.

"The judge's ruling is consistent with the position that I took. He [Couey] is not retarded, and he's not retarded beyond a reasonable doubt," Chief Assistant State Attorney Ric Ridgway said Tuesday night. The prosecutor had read the judge's ruling earlier in the evening.

Couey was convicted in March of burglary, kidnapping, sexual battery and murder in the 2005 death of Jessica, a 9-year-old third-grader from Homosassa. The same Miami jury recommended, in a 10-2 vote, that the convicted sex offender be sentenced to death.

The judge's ruling means a possible death sentence is looming. Howard is not obliged to follow the jury's recommendation, but is required to give it "great weight."

Ridgway declined to predict the sentence. A hearing is scheduled for Aug. 24.

"It would not be appropriate to say this foreshadows what the judge's ruling will be," Ridgway said.

To have proven Couey was retarded, defense attorneys had to show that his IQ was less than 70, that he lacks adaptive functioning and that the retardation existed before he was 18. A 2002 Supreme Court ruling forbids the execution of the mentally retarded.

Members of the Lunsford family could not be reached Tuesday for comment.


Court Seizes OJ Simpson's All-Pro Football Earnings
Court Watch | 2007/08/08 08:43

Relatives of murder victim Ron Goldman won a court order on Tuesday seizing any money O.J. Simpson earns for lending his name and likeness to a football video game with a fictional team called the Assassins and a knife-wielding mascot. The legal victory was part of an effort by Goldman's estate to satisfy a $33.5 million judgment won against Simpson in a wrongful death suit brought against him in the 1994 stabbing deaths of Goldman and Simpson's ex-wife, Nicole Brown Simpson. The former star running back was acquitted of criminal charges in 1995 at the end of a sensational murder trial but was found legally responsible for their deaths by a civil court jury two years later.

Simpson has maintained his innocence and vowed never to pay the jury award voluntarily.

Last week, Goldman's estate, led by his father Fred Goldman, secured rights to Simpson's aborted book, "If I Did It," containing his hypothetical first-person account of the murders, after a long legal fight with the now-bankrupt company set up to collect Simpson's reported $1 million advance.

In their latest bid to collect on the civil judgment, the Goldmans went after any licensing fees, royalties or other compensation Simpson was paid or will be paid for his name and likeness in the new video game, "All-Pro Football 2K8."

The game is published by Take-Two Interactive Software (TTWO.O), the company behind such controversial video game titles as "Grand Theft Auto" and "Manhunt 2," which was banned in Britain and given the equivalent of an adults-only rating in the United States.

TEAM OF "ASSASSINS"

"All-Pro Football" features the likenesses of 240 retired National Football League players, including Simpson, whom game users can assign to fictional teams with preset names, one of which is "The Assassins."

As previewed on a Web site for video game promotional trailers, the team mascot is a hooded figure who makes stabbing motions with a large knife in the end zone when the Assassins score. Simpson does not have to be assigned to that team, but he was in a clip shown on the Game Trailers Web site.

Take-Two has declined to say how it obtained rights to Simpson's name and likeness but said he was compensated. The company also has issued a statement saying the knife-wielding Assassins mascot is "not specifically associated with O.J. Simpson, and the game does not promote any such connection."

Under the order issued by Los Angeles County Superior Court Judge Gerald Rosenberg, any earnings to Simpson that "have been paid, are due or may be due in the future" for use of his image and likeness in the video game must be turned over to the Goldman estate.

Moreover, Simpson was ordered to turn over copies of his Take-Two contract and related documents, as well as any other financial deals he has yet to disclose.

"Basically he (the judge) said to Mr. Simpson, 'Pay up,"' Goldman attorney David Cook said after the hearing.

Ronald Slates, a lawyer for Simpson, argued against the order, saying the California court lacked jurisdiction over his client, who has lived in Florida for several years.



Woman Pleads Guilty To Passing Bad Checks
Court Watch | 2007/08/06 04:26
An employee of a physician-billing service pleaded guilty in federal court to charges of passing about $100,000 in forged checks. Christine Ann Wilson, of Beechview, deposited checks issued by health care insurance companies into her own account between May 2004 and March 2006, according to prosecutors. Wilson was indicted in December on 124 counts of forgery and pleaded guilty on Thursday. She faces up to 10 years in prison and a $250,000 fine.

U.S. District Judge Gustave Diamond scheduled a sentencing hearing for Nov. 6.


Guilty Plea Entered in Falwell Bomb Case
Court Watch | 2007/08/04 19:24
A Liberty University student who pleaded not guilty last month to charges of possessing a bomb the night before the Rev. Jerry Falwell's funeral changed his plea in federal court. Mark David Uhl, 19, had pleaded not guilty during his arraignment July 27, but on Friday pleaded guilty to having an unregistered destructive device. He had been scheduled to go to trial Aug. 9.

He now faces as many as 10 years in prison when he is sentenced in November.

Uhl, who is being held at a jail in Lynchburg, was arrested May 21 after Campbell County authorities who searched the trunk of his car found five bombs that state police agents called "homemade napalm." Campbell authorities have said they do not believe Uhl intended to disrupt Falwell's funeral services or harm the Falwell family.

At a bond hearing in May, a federal agent said Uhl had other plans for violence, including a plot with a friend to disrupt a prom at his former high school in northern Virginia with pepper spray.



Kirby McInerney & Squire LLP Announces Class Action Lawsuit
Court Watch | 2007/08/03 06:04
Kirby McInerney & Squire, LLP announces that it has filed a class action lawsuit in the United States District Court for the Eastern District of New York on behalf of all persons who purchased or otherwise acquired the publicly traded securities of American Home Mortgage Investment Corp. ("American Home Mortgage" or the "Company") (Nasdaq:AHM) between April 26, 2006 and July 30, 2007, inclusive, (the "Class Period").

The lawsuit alleges that American Home Mortgage and certain of its officers and directors violated Federal Securities laws. According to the complaint, throughout the Class Period defendants failed to disclose, among other things, that the Company was operating without adequate reserves for delinquent loan repurchases or an adequate strategic plan in relation to the volatility of certain of American Home Mortgage's loan products. As a result of defendants' failure to fully disclose that the Company was operating without adequate reserves in relation to the Company's prior sales of certain of American Home Mortgage's loan products or an adequate strategic plan for the repurchase of delinquent previously sold loans, defendants materially misrepresented to investors the true facts concerning American Home Mortgage's financial performance and prospects.

Then, on June 28, 2007, American Home Mortgage issued a press release announcing that it will take "substantial charges for credit-related expenses in the second quarter." The Company reported that the increase in losses was related to its practice of extending a three month timely payment warranty that the Company granted to loan buyers who purchased stated income loans. In response to this announcement, the price of American Home Mortgage stock declined from $20.91 per share to $18.38 per share on extremely heavy trading volume. Then, on July 27, 2007, after the close of the market, American Home Mortgage issued a press release announcing that its Board of Directors had determined to delay paying its dividend. In response to this announcement, on July 30, 2007, the NYSE halted trading in American Home Mortgage stock before the market opened.

If you are a member of the class, you may, no later than October 1, 2007, request that the Court appoint you as lead plaintiff of the class. Although your ability to share in any recovery is not affected by the decision whether or not to seek appointment as a lead plaintiff, lead plaintiffs can participate in important decisions which could affect the recovery for class members.

If you wish to discuss this action, or have any questions concerning this notice or your rights, please contact us, toll free, at (888) 529 4787 or by email at info.newcases@kmslaw.com.

Kirby McInerney & Squire, LLP has specialized in complex litigation, including securities class actions, for several decades. The firm has repeatedly demonstrated its expertise in this field, and has been recognized by various courts which have appointed the firm to major positions in consolidated and multi-district litigation. The firm's efforts on behalf of shareholders in securities litigation have resulted in recoveries totaling hundreds of millions of dollars, and the firm's achievements and quality of service have been chronicled in numerous published decisions. More information about the firm, class actions in general, or about the role of the lead plaintiffs in a securities class action can be obtained through Kirby McInerney & Squire, LLP's website at http://www.kmslaw.com



Nike Settles Racism Lawsuit for $7.6M
Court Watch | 2007/08/02 03:42

Nike Inc. has reached a $7.6 million settlement in a class-action race discrimination lawsuit filed on behalf of 400 black employees of the company's Chicago Niketown store, the company said Monday. The lawsuit, filed in 2003, claimed managers at the retail store used racial slurs to refer to black workers and customers. They also said the store segregated black employees into lower-paying jobs as stockroom workers and cashiers rather than giving them lucrative sales jobs. And they alleged managers made unfounded accusations of theft against black workers and directed store security to monitor black employees and customers because of their race. Nike has denied the allegations.

Under the terms of the agreement, Nike Retail Services will pay $7.6 million to the current and former employees to resolve the claims. The lawsuit covers black employees who worked at the store from 1999 until now.

Nike also must make a host of other changes to address diversity, such as appointing a diversity consultant to monitor the Chicago store's compliance and a compliance officer at Nike's headquarters in Beaverton. The company must also add an ombudsperson at the store and conduct diversity training for all supervisors and managers there.

Nike also is required to review its human resources practice, create equal opportunity objectives for the store and review its theft-loss policies. It also will create a formal mentoring program for black employees.

The company and the attorney for the plaintiffs declined to comment further on the 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, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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