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Lakin firm plans to stay put despite eviction notice
Legal Business |
2007/03/26 14:35
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BP America, landlord of the Lakin Law Firm, intends to evict the firm from its office in Wood River in about 90 days. The Lakin firm intends to stay. The firm filed a complaint in Madison County circuit court March 21, seeking to extend its lease at 301 Evans Avenue for five years. For the Lakin firm, Charles Chapman wrote that, "Plaintiff will suffer irreparable injury if this Court does not enter an injunction prohibiting Defendant from taking any actions to evict Plaintiff from the Leased Premises on or after June 30." The property once served as office and warehouse for a refinery, and it looks more like an industrial plant than headquarters of a famous law firm. Petrochemical pipes point toward the building. Docking structures stand by it. Three pairs of railroad tracks run by it. At a bend in Evans Avenue, a broad asphalt apron leads to an entrance that the Lakin firm shares with oil company Atlantic Richfield. According to Chapman's complaint, law firm founder Tom Lakin signed a 10-year lease with Amoco Petroleum Additives Company in 1996. Amoco Petroleum Additives did not own the property, but leased it from Amoco Oil Company. The lease gave Lakin 29,000 square feet of warehouse space and 22,000 square feet of office space, for a total of 51,000 square feet. Rent started at $105,000 a year, a bargain rate at $2.06 per square foot. The lease provided annual consumer price adjustments. It gave the Lakin firm options for two five year extensions. The lease began to run July 1, 1997. At some point, it passed to Amoco Remediation Management Services Corporation. According to Chapman, the firm sent an option notice to Amoco Oil in Wood River in March 2006, and Amoco Oil forwarded it to Elizabeth Yordanoff, BP America managing attorney in Warrenville, Illinois. He wrote, "Defendant did not respond to the option notice until Feb. 9, 2007, when defendant advised plaintiff, via a telephone call, that defendant was not interested in a long term lease and will not consent to the option…" He wrote that on Feb. 23, Yordanoff advised the firm that BP America would not extend the lease because it planned to sell the property. He wrote that Yordanoff offered to extend the lease to Dec. 31. Chapman asked for declaratory judgment extending the lease to 2012. He wrote, "Plaintiff has complied with all prerequisites to exercise the option." He wrote, "…the parties reasonably expected that plaintiff would exercise the option and that defendant would consent to the option." He wrote that by delaying a response to the option notice for a year, BP America waived a provision conditioning the option on its consent. Chapman also claimed breach of contract. He wrote, "Plaintiff has sustained damages and will sustain damages if it is forced to move out of the premises at issue before June 30, 2012." Chapman filed the suit on the miscellaneous remedies docket. Unelected associate judges hear "MR" cases. As of March 26, Chief Judge Ann Callis had not assigned a judge. If BP America dislodges the Lakin firm, Chapman will have to leave too. He practices in the Lakin building, not as a member of the firm but as Charles W. Chapman, Chartered. |
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U.S. top court to rule on child pornography law
Breaking Legal News |
2007/03/26 14:17
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| The U.S. Supreme Court said on Monday it would decide whether a federal law prohibiting child pornography illegally infringes on free-speech or other rights guaranteed by the U.S. Constitution. The high court agreed to hear a Bush administration appeal of a ruling that struck down part of the 2003 law as unconstitutional because it was too broad and vague. A so-called pandering provision makes it a crime to promote, distribute or solicit material in a way intended to cause others to believe it contains child pornography. It carries a sentence of at least five years in prison. The Supreme Court in 2002 struck down an earlier version of the law that included computer generated images that appeared to depict minors engaged in sexually explicit conduct. Congress then adopted new legislation in 2003, which President George W. Bush signed into law, in an effort to comply with the Supreme Court's ruling. But a U.S. appeals court in Atlanta ruled the law still did not pass constitutional muster and violated guarantees that the government cannot suppress lawful free speech. The Bush administration told the Supreme Court the ruling interfered with the effort by Congress to suppress the market for child pornography. |
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Japan PM issues guarded apology to 'comfort women'
International |
2007/03/26 11:15
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Japanese Prime Minister Shinzo Abe expressed his sympathy and apologized Monday for the "situation" faced by so-called Korean and Chinese "comfort women" who were forced into sexual slavery during World War II. Abe stopped short of explicitly acknowledging the alleged roles of the wartime military and government in Japan in facilitating the practice. Until this point, Abe has been one of a number of politicians pushing for the government to revisit an official apology issued to victims in 1993 that was never ratified by the Japanese parliament. Earlier this month, Abe denied allegations of forced sexual slavery in Imperial Japanese Army brothels, saying instead that the women were professional prostitutes paid for their services. A Japanese government probe this month also denied finding any evidence of forced prostitution. |
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Duke Lacrosse Case Lawyer Osborn Dead
Legal Careers News |
2007/03/26 10:39
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J. Kirk Osborn, a Chapel Hill, N.C., lawyer who defended one of the Duke University lacrosse players accused of rape, has died after a heart attack at 64. Osborn's wife, Tania, said the lawyer suffered a heart attack Friday and died early Sunday morning, the Charlotte (N.C.) News & Observer reported Monday.
The attorney took on the case of Reade Seligmann, one of three Duke lacrosse players accused of sexually assaulting an escort service dancer, in 2006.
"Kirk stood up for Reade at great personal cost," the Seligmann family said in a statement. "He passionately believed that the truth would emerge."
Tania Osborn said her husband was particularly proud of the fact that despite defending a dozen or more suspects in capital crimes, none of his clients were ever sent to death row.
"He hated injustice. That was the essence of his life," said Ernest "Buddy" Conner, a Greenville lawyer and friend of Osborn who worked multiple cases with him. "He carried a tremendous amount of credibility, but he did it without getting all angry and aggressive and arrogant."
Osborn is survived by his wife and two daughters.
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Judge Denies Class-action Katrina Claim
Breaking Legal News |
2007/03/26 10:32
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| A federal judge in Gulfport, Miss., denied class-action status in a Hurricane Katrina damage lawsuit against State Farm insurance company. Judge L.T. Senter Jr., rejected grouping claims in one lawsuit because a "sweeping relief," as he called it, would prevent State Farm from meeting the burden of proof of cause because of "possible variations" in claims.
Claimant Judy Guice had sought the class-action grouping, a move objected to by State Farm, the Biloxi Sun Herald said.
The insurance company fought grouping claims for legal purposes and wants to handle each separately. No two owners, it says, had the same type of loss, whether from wind or water or what ratio of each destroyed homes during the storm.
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Security Council broadens Iran nuclear sanctions
International |
2007/03/26 10:25
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| The UN Security Council unanimously voted Saturday to impose new sanctions on Iran for continuing to enrich uranium in violation of a December 2006 resolution. Security Council Resolution 1747 broadens the sanctions of December's Resolution 1737, freezing assets of investors in Iran and blocking the export of Iranian arms. Council members said they saw the unanimous vote as a strong censure sending a clear message that Iran should "suspend all enrichment-related and reprocessing activities, including research and development, to be verified by the International Atomic Energy Agency." The Council nonetheless emphasized that the resolution is not intended to punish Iran or its people but rather to prompt renewed negotiations. Iran has 60 days to comply before the sanctions take effect. The Iranian parliament reviewed and rejected Resolution 1737 in December. That resolution cited reports submitted by the IAEA which showed that Iran had not "established full and sustained suspension of all enrichment-related and reprocessing activities" as set out in Resolution 1696 or otherwise complied with IAEA instructions. Iran has consistently decried the sanctions and emphasized that its policy will go unchanged. On Saturday Iranian Minister for Foreign Affairs Manouchehr Mottaki said that Resolution 1747 takes an unlawful, unnecessary and unjustifiable action against the peaceful nuclear programme of the Islamic Republic of Iran, which presents no threat to international peace and security and falls, therefore, outside the Council’s Charter-based mandate. |
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Investors Continue to Challenge Dean Food
Business |
2007/03/26 10:18
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| Socially concerned investors for the second year in a row have filed a shareholder proposal asking Dean Foods Co. (NYSE: DF) to report to shareholders how it is responding to widespread concern that industrial-scale organic dairies, supplying milk for its Horizon Organic brand, violate consumer trust, seriously jeopardizing share value. The shareholder proposal is a by-product of a seven-year debate in the organic industry over the introduction of large-scale factory-farms, milking as many as 2,000-10,000 cows each. It is the contention of a growing number of public interest, environmental, and farming groups that some of these farms are violating current USDA regulations by labeling their products as organic. In 2005 and 2006, The Cornucopia Institute, a Wisconsin-based farm policy group, filed formal complaints with the USDA against a number of industrial dairies, including allegations that these mega-farms, mostly in the arid West, were violating the law by confining their cattle to feedlots and sheds rather than grazing as the federal organic regulations require. The dairy farms in question include two owned by Dean Foods in Idaho and Maryland and another California farm shipping milk for distribution under Dean’s Horizon Organic label. Because of inaction by the USDA the Institute is now preparing to seek court intervention in order to compel the agency to investigate the alleged improprieties. “When consumers pay a premium for organic milk, they generally have the expectation that cows have access to pasture and gain a sizable percentage of their nutrients from grass,” said Steven Heim, director of social research with Boston Common Asset Management, lead investor-sponsor of the resolution representing institutional shareholders in the resolution process. “Besides complying with the law itself, we question whether Dean’s procurement of milk from factory-farms violates consumer trust and jeopardizes the value of its organic brands,” Heim added. Dean Foods, the nation’s largest milk processor, also became the largest U.S. marketer of organic dairy products when it acquired the Horizon Organic, Alta Dena, and Organic Cow of Vermont brands. In June 2006 Heim and Mark Kastel, The Cornucopia Institute’s senior farm policy analyst, toured Dean’s Idaho farm at Dean’s invitation. “Although the company is making a $10 million investment in additional facilities in the desert-like conditions, and is attempting to paint their facility ‘green’, serious questions remain as to the legitimacy of milking thousands of cows in these conditions,” Kastel said. The shareholder proposal asks an independent committee of Dean’s board to review Dean’s policies and procedures for its organic dairy products, and report to shareholders on their adequacy to protect Dean’s organic dairy brands and its reputation with organic food consumers. The investor groups also want to know how the company intends to respond to increasing consumer and media criticism. “Even though the proposal is only asking the company, currently engaged in a nationwide advertising campaign touting the greenness of their organic milk business, to report to shareholders concerning this controversy, Dean has opted to ‘lawyer-up’ and aggressively fight the proposal at the U.S. Securities and Exchange Commission” (SEC), added Sister Linda Hayes of the Springfield Dominicans, an investor-sponsor of the resolution. “This is not the kind of transparency that consumers have expected in the organic food industry.” Unfortunately, it appears that their PR campaign has so far backfired. An active boycott by the 700,000-member Organic Consumers Association has resulted in scores of natural foods retailers around the country dropping all or part of the Horizon Organic product line. The negative press has already led to a growing legion of loyal organic consumers looking for alternative brands. “It is very unfortunate that instead of addressing the central concerns articulated in this shareholder proposal, that the company has instead decided to invest its resources in legal maneuvers to prevent its investors from voting on this resolution,” said Daniel Stranahan of the Needmor Fund, another investor-sponsor of the proposal. Stranahan likewise mentioned the issue of transparency. “We are concerned that Dean Foods’ lack of transparency to its shareholders betrays a similar attitude toward its core consumers.” He added, “Factory farms are antithetical to the concept of organic farming, which supports family-scale production with sound environmental policies.” Dean Foods appeal to the SEC for the authority to prevent its shareholders from voting on the proposal may prove successful. It appears that government regulators are likely to side with the $10 billion corporation. Dean Foods’ primary business has been somewhat stagnant in recent years, so it has been touting its investments in the organic milk labels and the country’s leading soy milk brand, Silk, as vehicles to make its stock more attractive on Wall Street. |
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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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