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James Brown partner takes case to court
Breaking Legal News |
2007/02/01 11:54
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The woman who claims to be James Brown's fourth wife wants half of the singer's estate and to be allowed back into the South Carolina home she was locked out of soon after his death. Tomi Rae Hynie's lawyer said she filed a petition in Aiken County probate court Thursday, claiming that she is the surviving spouse of the singer and entitled to part of his estate, according to court documents obtained by the Associated Press. She wants the court to allow her to return to Brown's Beech Island home to retrieve "personal possessions" that belong to her and their 5-year-old son, including furniture she picked out for the home, according to the court papers. "She's not asking the court to live there," said Robert Rosen, Hynie's attorney. "They locked her out and wouldn't let her in but she has a right to go in and get her stuff - furniture, her clothing, her son's toys. They keep saying that they're going to do it but they never do it so we're going to ask a judge to order them to do it." Brown's attorney and trustee, Buddy Dallas, said Hynie never asked for any personal items from the singer's home. "She never requested anything," Dallas said. "She's used a camera crew and a lawsuit. I'm sure the court will inquire into it and make a proper determination." |
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US defendants cleared of Hamas racketeering charges
Breaking Legal News |
2007/02/01 11:54
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Muhammad Salah and Abdelhaleem Ashqar, two of three men indicted in 2004 by a US federal grand jury on charges of engaging in a 15-year conspiracy of providing funds to Hamas, were found not guilty of racketeering Thursday. While the men were exonerated of the most serious crime alleged, they were convicted of lesser charges. Salah, who spent 5 years in an Israeli prison in 1993 after confessing to transporting funds for Hamas, was convicted of obstruction of justice for providing false answers in a civil case involving an American student killed by the terrorist group while in Israel. Ashqar was convicted of obstruction of justice and criminal contempt for his refusal to testify before a federal grand jury after receiving immunity. The third man indicted, Abu Mousa Marzook, is currently living in Syria, and is considered to be a fugitive. Controversy in the case arose when US District Judge Amy St. Eve closed the courtroom during the testimony of two Israeli security agents who were called to counter Salah’s claims that his 1993 admission to being in Hamas was false, and the product of Israeli torture during his interrogation. In a statement made after Thursday’s ruling, Amnesty International USA, while pleased with the “generally favorable verdict,” remains concerned that “evidence likely obtained by the use of torture even entered the courtroom.” |
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South Dakota lawmakers launch new abortion bill
Breaking Legal News |
2007/01/31 20:51
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Legislators introduced a sweeping abortion bill Wednesday that supporters hope will lead to a legal challenge of Roe v. Wade. The measure would allow exceptions for rape and incest with DNA evidence, making it slightly less rigid than a bill passed last year that contained an exception only to save the life of a woman. A petition campaign forced that bill onto the ballot and voters rejected it in November by a margin of 56 percent to 44 percent. Opponents of the legislation said the issue was settled in the November election and lawmakers should not have revived it. This year's bill would allow rape victims to get abortions if they report the rapes to police within 50 days. Doctors would have to confirm the report with police and would have to take blood from aborted fetuses and give that information to police for DNA testing. In the case of incest, a doctor would have to get the woman's consent to report the crime along with the identity of the alleged perpetrator before an abortion could be performed. Blood samples from fetuses would have to be provided to police in incest cases, too. Abortions could be done only until the 17th week of pregnancy in cases of incest and rape. The bill carries a tougher maximum penalty for illegal abortions than last year's bill - 10 years in prison instead of five. It would allow abortions to save women's lives and in cases in which their health would be seriously jeopardized by a continued pregnancy. However, a doctor could perform an abortion only if a doctor from another practice concurs that a woman's health is in jeopardy. In Utah, a state House committee voted 6-2 on Tuesday to ban abortion, setting the stage for a costly legal battle if the bill clears the Legislature and is signed into law. The committee sent the measure to the full House. Utah Attorney General Mark Shurtleff said the bill likely is unconstitutional and if it becomes law could be costly to defend against any legal challenges. |
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Change in management at Woodcock Washburn
Law Firm News |
2007/01/31 20:50
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Woodcock Washburn, Philadelphia's largest intellectual property law firm, said Tuesday that it has elected two new members to the three-person policy committee that manages the firm.
Partners Joseph Lucci and Steven Samuels will join the committee Feb. 1, joining incumbent member Steven Rocci. They replace two of the firm's most senior partners, Dianne Elderkin and Dale Heist, who are stepping down after having served since 2001.
Rocci said the firm's partners felt that it was important that the new committee reflect the makeup of the firm, while also maintaining continuity. The committee will be composed of one senior, one midlevel and one junior partner, representing the firm's various legal and technical practice areas. Rocci, 52, specializes in patent litigation, counseling and procurement for a wide range of clients, including companies in the software, telecommunications, and Internet industries. Lucci, 46, specializes in patent litigation, prosecution, interferences and client counseling, particularly in the areas of pharmaceuticals and medical devices. Samuels, 40, represents companies in the fields of electronics, computer hardware and software, digital and analog communications, electrical power transmission and business methods. Rocci said Heist, 58, and Elderkin, 53, will still be involved in firm management, with Heist taking a larger role in business development and Elderkin taking a larger role in the litigation department. Woodcock Washburn has 90 lawyers. It has offices in Atlanta and Seattle and just moved its Philadelphia office from One Liberty Place to Cira Centre. The firm's clients include Microsoft, Cingular, Du Pont, Johnson & Johnson, Sunoco and Wyeth.
http://www.woodcock.com
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Former NYT reporter Miller testifies at Libby trial
Court Watch |
2007/01/31 19:47
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Former New York Times reporter Judith Miller testified on Tuesday in the trial of I. Lewis "Scooter" Libby concerning conversations Libby had with Miller, during which he allegedly told her about his frustration with the CIA and revealed to her the identity of undercover CIA agent Valerie Wilson. On cross-examination, defense counsel wanted to ask Miller about other sources with whom she had discussed a separate intelligence leak, but the prosecution argued that she should not have to answer the questions, since they were not specifically relevant to Libby's case. Judge Reggie M. Walton will rule on whether he will admit the line of questioning on Wednesday. If Miller is called to answer the questions and refuses, she could face charges of perjury, as she did in July of 2005 when she was jailed after refusing to reveal sources in conjunction with the federal criminal investigation into the leak of Plame's identity. Miller resigned her post at the Times after her release from the 85-day jail term. Libby is charged with perjury and obstruction of justice in connection with the CIA leak investigation.
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Anit-Human Trafficking Prosecution Unit Launched
Law Center |
2007/01/31 18:47
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Attorney General Alberto R. Gonzales and Assistant Attorney General for the Civil Rights Division, Wan J. Kim, announced today the creation of the Human Trafficking Prosecution (HTP) Unit within the Criminal Section of the Justice Department’s Civil Rights Division. The Unit is designed to develop new strategies to combat modern-day slavery by focusing the Division’s human trafficking expertise and expanding its anti-trafficking enforcement program to further increase human trafficking investigations and prosecutions throughout the nation. “The Justice Department is proud to be at the forefront of the Administration’s efforts to combat the heinous crime of human trafficking,” said Attorney General Alberto R. Gonzales. “With the creation of the Human Trafficking Prosecution Unit, we will expand and enhance our ability to fight this crime by working together with federal, state and local investigators, and NGOs, to tackle the enormous challenges posed by this evil. We will continue to develop new ways to help victims and to bring their captors to justice.” The HTP Unit will work to enhance the Department’s investigation and prosecution of significant human trafficking and slavery cases, such as multi-jurisdictional cases and those involving financial crimes. The Unit will also engage in training, technical assistance and outreach initiatives to federal, state and local law enforcement and NGOs. The HTP Unit will be headed by noted anti-trafficking prosecutors who have prosecuted traffickers and freed hundreds of foreign and domestic victims from sex trafficking in brothels and forced labor in fields, homes and factories. Robert Moossy will head up the Unit, and is joined by Chief Counsel Lou de Baca and Special Litigation Counsels Hilary Axam and Andrew Kline, who bring significant anti-slavery experience to this effort and have been leaders in developing the modern victim-centered approach to human trafficking investigations and prosecutions. They will be joined in the coming months by additional federal prosecutors, a victim/witness specialist, and support staff. Attorney General Gonzales has made combating human trafficking a top priority of the Justice Department. In the last six fiscal years, the Civil Rights Division, in conjunction with U.S. Attorneys’ Offices, has increased by six-fold the number of human trafficking cases filed, quadrupled the number of defendants charged, and tripled the number of defendants convicted. In FY 2006, the Department initiated 168 investigations, charged 111 defendants in 32 cases, and obtained a record number of convictions totaling 98.
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RightCHOICE Managed Care to Pay $975,000 to settle
Breaking Legal News |
2007/01/31 18:46
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RightCHOICE Managed Care, Inc., has agreed to pay the United States $975,000 to settle allegations that it violated the False Claims Act in connection with providing health care benefits to federal employees and their dependents in the state of Missouri, the Justice Department announced today. The settlement resolves allegations that RightCHOICE overcharged the Federal Employees Health Benefits (FEHB) Program, which is administered by the U.S. Office of Personnel Management. The government alleged that RightCHOICE, which participates in the FEHB Program as part of the Blue Cross and Blue Shield Service Benefit Plan (SBP), passed on excessive costs to the FEHB Program in connection with compensating a preferred provider network of physicians known as “Alliance.” The government contended that RightCHOICE paid higher fees to Alliance physicians for serving patients insured through the SBP than these same physicians were reimbursed for providing the same types of services to patients insured through various other health plans. The government also alleged the physicians passed on these higher rates to the Office of Personnel Management as purportedly “reasonable” costs to the FEHB. “Today’s settlement demonstrates the United States’ determination to make sure health care providers do not overcharge the Federal Employee Health Benefits Program,” said Peter Keisler, Assistant Attorney General of the Justice Department’s Civil Division. The civil settlement resolves claims brought under the qui tam provisions of the False Claims Act by Ronald Ekstrand against Wellpoint Health Networks, Inc., the entity into which RightCHOICE merged in January 2002. Mr. Ekstrand will receive $165,750 of the total recovery as his statutory award for his suit filed in the U.S. District Court for the Eastern District of Missouri. Under the qui tam provisions of the False Claims Act, private individuals can bring whistleblower actions for fraud on behalf of the United States and collect a share of any proceeds recovered by the suit as well as attorney fees. "This civil health care fraud settlement should send a signal to all health care providers who receive federal funds that we are committed to protecting the health care system from fraud or abuse," said Catherine L. Hanaway, U.S. Attorney for the Eastern District of Missouri.. The case was handled by the Civil Division of the Department of Justice and the U.S. Attorney’s Office for the Eastern District of Missouri. The case was investigated by the St. Louis offices of the Federal Bureau of Investigation and the Office of Personnel Management-Office of the Inspector General. |
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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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