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Plaintiff in Halliburton Case to Send Attorneys Packing
Court Watch |
2007/01/08 11:44
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This is an update concerning the Halliburton Securities Litigation. Truth in Corporate Justice LLC (“TCJâ€) is Special Counsel to the AMS Fund, Inc. on Securities Matters. It speaks only on behalf of itself or for its client, the Lead Plaintiff, when authorized. Oakland, CA (PRWeb) January 4, 2007 -- Truth in Corporate Justice LLC (“TCJâ€) (www.worldwidetree.org) issues this press release to advise shareholders and the concerned public that the Archdiocese of Milwaukee Supporting Fund, Inc. (“AMS Fundâ€), Lead Plaintiff in the Halliburton Securities Litigation matter, is seeking to substitute lead counsel. This case is entitled: Archdiocese of Milwaukee Supporting Fund, Inc., et al. v. Halliburton Company, et al. (Master Docket No. 3:02-CV-1152-M), a consolidated class action pending in the Northern District of Texas before U.S. District Judge Barbara M.G. Lynn. On December 27, 2006, AMS Fund filed its Reply Brief on its Motion to Substitute Counsel. The brief cites numerous reasons for AMS Fund’s request to remove the firms of Scott + Scott and Lerach, Coughlin, Stoia, Geller, Rudman & Robbins as lead counsel in this matter. Truth in Corporate Justice LLC’s founder, Neil Rothstein (a former Scott + Scott partner), Special Counsel to the AMS Fund, stated that this is an unfortunate but necessary change that was unexpected at the time Mr. Lerach’s firm first intervened in this case. Some of the most important reasons for the change in counsel request, as stated in the Reply Brief filed on December 27, 2006, are the failure of lead counsel to keep AMS Fund fully informed about the status of the case in violation of Pre-trial Order Number Two. Next, according to the Reply Brief, there exists a potentially negative impact on the litigation as a result of the proliferation of media attention surrounding William S. Lerach, which could possibly shift the focus from the merits of the case and turn it into a convoluted battle between Lerach and the government. The conflict: an attorney under federal investigation is representing a lead plaintiff who has brought a lawsuit against a sitting vice president’s former company where he was Chief Executive Officer. The Vice President is not a defendant in this action. The Reply Brief also states that the Department of Justice’s ongoing criminal investigation of Lerach and his former firm, Milberg, Weiss, Bershad, Hynes & Lerach, which has led to the indictment of two of Lerach’s former partners and his predecessor firm, has brought to light facts not disclosed to the Court or Lead Plaintiff. The AMS Fund is requesting the court to substitute the firm of Boies, Schiller & Flexner as lead counsel. The Court has not yet ruled on the motion. Neil Rothstein, founder of TCJ, says that it is unfortunate that another change in counsel is necessary at this time; however, the amount of information that the current lead counsel hid from the Lead Plaintiff clearly does not comport with what is in the best interest of the client or the class. “While the Lead Plaintiff sought to have this transition occur with the dignities of those involved remaining intact, the realities amount to far more than the loss of dignity,†stated Rothstein. “This is not about guilt or innocence; it is about the appearance of impropriety, conflicts of interest, and ethical behavior.†To read more about this situation, please visit www.halliburtonsecuritieslitigation.com |
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Second Try to ban Aspartame in New Mexico
Breaking Legal News |
2007/01/08 11:24
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The “good†people are alienated to a large extent from the political process, preferring to dismiss all of it as corrupt and/or impossible; that
perception drives them into a feeling of powerlessness and further alienation, and this is exactly what the corporations want, so they can continue their control and manipulation through lobbyists’ pressures on particular committees.
This was ghastly last year in terms of the Aspartame bill to ban Aspartame/Methanol/Formaldehyde/Diketopiperazine, sponsored by Senator Ortiz y Pino. The Japanese manufacturer of Aspartame and another neurotoxic food additive, Monosodium Glutamate, Ajinomoto, in fact the largest in the world, hired a lobbying firm, Butch Maki and Associates, for indiscernible amounts of money. They hired a lobbyist, Richard Minzner, former Majority Leader in the House, to put the screws to the bill in the place it was most vulnerable, its first committee hearing in Senate Public Affairs.
Despite two excellent physicians being there to testify for banning Aspartame, Pediatric Cardiologist, Grant La Farge, and Pediatrician Ken Stoller, and despite massive amounts of articles and letters from Aspartame poisoning victims, the corporations won with a vote of 5-2 to table the bill, killing it for 2006. Minzner told the Committee it was irresponsible and illegal to even think about challenging an FDA
approved chemical. Antonio Anaya, Vice President of Coca Cola New Mexico told the Committee a monstrous lie, that Coca Cola would lose 600 jobs in New Mexico if aspartame were banned. No one on the committee even challenged the specious illogic of such a perfidious statement. Several members continued to guzzle their Diet Sodas and eat their ham sandwiches while the testimony continued. ( Perhaps it is absurd to even try to entrust decisions about the effects of formaldehyde on New Mexico's children to people who can't even recognize that harm they are doing to themselves ).
Other lobbyists chimed in their predictable objections: the Calorie Control Council, Altria Corporate Services, Pepsi Cola, etc.
No victims were able to change their schedule to be able to sit through many other items in order to speak; no parents concerned about autism or
Attention Deficit Hyperactivity Disorder; no one from the New Mexico Department of Health was there to encourage the committee to at least use
the precautionary principle to move the bill forward, to take an obviously harmful chemical off the market. Only the paid lobbyists could
wait to speak, and they were quick to maintain that it has been on the market for 25 years, since its approval was forced through the FDA by Donald Rumsfeld, when he was CEO of G.D. Searle, and is now used in hundreds of nations.
No statisticians nor epidemiologists from the Health Department or Medical School were there to talk about the mountain of evidence that the methanol and formaldehyde as metabolic by-products from aspartame cause serious
neurodegenerative harm, which might have something to do with the spike in statistics for many afflictions in the USA, including Multiple Sclerosis and Lou Gehrig’s Disease.
No one came in 2006 from the Attorney General’s office to say that it was the AG’s opinion that our state could challenge an obviously flawed FDA
approval, and that we didn’t have to continue to slavishly capitulate to multinational corporations having rammed the approval through, nor their subsequent efforts to silence and eviscerate any real efforts to protect the
health of New Mexicans.
No one came from the Governor’s office to note that 22 out of 42 New Mexico State Senators had signed a letter to him asking him to put the bill on the Legislative Call for the short session, the Agenda for which Gov. Richardson
controlled in 2006. This was again the result of intense private lobbying efforts from Maki, Minzner, and Michael Stratton of Colorado, also a
member of the Presidential Nominating Commission, another lobbyist, whose specific job was to remind the Governor that he shouldn’t make such large corporations angry about putting the bill to ban Aspartame on the “call.â€
Several hundred members of the Organic Consumers’ Association responded to one of their Action Alerts and sent so many emails to Governor Richardson asking him to support the bill to ban Aspartame by putting it on his "call†over one weekend that the entire email capacity for the Governor’s web page was entirely filled.
We distributed many copies of Cori Brackett's film, Sweet Misery, still the most compelling compilation of evidence damning aspartame, to the
legislators, and it soon became clear that more was so much more at stake internationally, especially in 3rd world and developing nations, which totally rely on the perceived integrity and ostensible high standards of the FDA, and that these excellent videos/DVD's should be in the hands of heads of state, with the real power to reject Aspartame for an entire nation.
So, still, despite a massive unpaid consumer protection effort, the corporate lobbyists won the day by eviscerating the bill, thus giving the corporations carte blanche to continue to poison hundreds of thousands of New Mexicans for
yet another year.
Stephen Fox
For more information:
<unitednationsundersecretarygeneralfornutrition.org> |
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Philip J. Berg, Esq. Seeking the “Truth of 9/11â€
Breaking Legal News |
2007/01/08 11:19
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Philip J. Berg, Esq. Seeking the “Truth of 9/11â€
Calls on World Community
To Arrest and Try Bush & Cheney for
Global Crimes of 9/11 Philip J. Berg, Esquire, [Berg is a former Deputy Attorney General of Pennsylvania; former candidate for Governor and U.S. Senate; an attorney with offices in Montgomery County, PA and an active practice in Philadelphia, PA, who prior hereto has filed a RICO lawsuit against Bush and others for the events of 9/11 and plans to re-file shortly] announced today that he was issuing a call for world leaders to arrest and try Bush and Cheney for the global crimes of 9/11/01. Philip J. Berg, Esquire stated in a letter to the nations throughout the world: “It is time for the nations of the world to come forth and take the leadership because of the failure of the United States Government and the States where crimes were committed on 09/11/01, where no thorough investigation and indictments occurred, to investigate, arrest and prosecute the people responsible for the murders on 9/11/01, specifically including George W. Bush and Richard Cheney. “ Berg continued there is overwhelming evidence that: “Bush and his cronies made 9/11 happen or let it happen. And, if they let it happen, then they made it happen. Either way, they are responsible; and more important, they have completely and unequivocally covered-it-up!†Berg’s letter went on to say: “The trial and execution of Saddam Hussein marks the "end of a difficult year for the Iraqi people and for our troops" according to President Bush. Now, it is time for world leaders to take the lesson learned from Iraq and issue a warrant for the arrest of George W. Bush and Richard Cheney; arrest them; take them to a neutral country; try them for the murder of over 2,800 people from more than 80 countries on 9/11/01 and, when found guilty, sentence them appropriately. Jurisdiction would be proper in any of the more than 80 countries whose citizens were murdered on 9/11. Despite a near-complete corporate media embargo on the wealth of evidence indicating that the 9/11 attacks were caused or knowingly permitted to happen by top figures in the Administration and the military, 84 % of the U.S. public, according to an October 2006 CBS/NY Times poll, is unconvinced by the "Official Story," and agrees that the President and others caused or allowed the attacks to happen. That an event such as 9/11 was desired by powerful Administration figures, including Cheney and Jeb Bush, the President's brother, is a matter of record, as the Project for the New American Century's [PNAC] blueprint for worldwide U.S. dominance entitled "Rebuilding America's Defenses," stated that the program they advocated could win popular support only with the help of a "catastrophic and catalyzing event, like a new Pearl Harbor" which ( we are supposed to believe to be coincidence ) came to pass just 8 months after many of the co-signers of the PNAC document assumed high positions in the new Bush Administration in January 2001. As President John F. Kennedy stated, "Things do not just happen; they are made to happen." There has never been an investigation of 9/11 that had not concluded, before it even began, that the Official Story convicting Osama bin Laden and absolving the Administration and the military of complicity of anything worse than "intelligence failures," which thereby made the outcome a foregone conclusion. It is time that the men who had the motive, means and the opportunity to commit the terrible crimes of 9/11, and who have profited by it politically as well as financially, be exposed for their role and held to account. The world has suffered since the horrific acts of Bush and his cronies on 9/11, that being the events of 9/11 and the aftermath, the illegal act of war against Afghanistan and Iraq that has caused the death and injury of hundreds of thousands, including thousands of U.S. troops; the destruction of property and the enormous costs involved. Saddam was tried, found guilty and sentenced to death after being convicted of murder in the killings of 148 Shiite Muslims from an Iraqi town where assassins tried to kill him in 1982. This number of killings that Saddam Hussein was found guilty of is far less than Bush and his cronies caused to die on 9/11. The 148 Iraqi deaths for which Saddam was tried pales in number to the 750,000 dead at the hands of George W. Bush as a result of this illegal invasion of that country which includes babies, sons, daughters, mothers, fathers, elderly grandmothers and grandfathers, killed without remorse by George W. Bush and his war profiteering supporters. Bush continues the war in Iraq to keep the world’s attention there and not on the atrocities caused by him on 9/11, including the possibility of Bush sending up to 40,000 more troops to Iraq, even though a majority of the American people are against this increase. The world must act now because our own government has failed us. We cannot relent until real justice is reached. Only by exposing the truth of 9/11 and revealing how it was used as the “trigger event†to justify the neocon’s imperial policy can we put these events in proper prospective.â€
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Supsected Terrorist's Lawsuit Allowed to Proceed
Breaking Legal News |
2007/01/08 11:08
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Karim Koubriti, a Moroccan national, was convicted in 2003 of document fraud and conspiracy to aid terrorists after he and three others were accused of establishing a terrorist "sleeper cell" in Detroit. The convictions were later overturned after the US Department of Justice agreed that federal prosecutors were not forthcoming with evidence which would have benefited Koubriti and his co-defendants. Today a federal judge has ruled that Koubriti can sue a county in Detroit for alleged abuse while he was in jail.
Koubriti has alleged that he was unnecessarily strip searched, denied exercise, and isolated for 23 hours a day during his three years in the Wayne County, Michigan jail. US District Judge Bernard Friedman rejected the county's bid to dismiss Koubriti's lawsuit last week but no trial date has yet been scheduled. Meanwhile, the US government is working to retry Koubriti on insurance fraud charges. |
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Bush to deliver his new strategy for war in Iraq
Politics |
2007/01/08 10:56
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President Bush will deliver a much-anticipated address to the nation Wednesday night on his new strategy for the war in Iraq. Media reports say the president is expected to announce an increase of as many as 20,000 U.S. troops in Iraq. New Democratic leaders in Congress have already criticized the idea of a surge in forces, saying they do not believe that adding combat troops will contribute to success. Also Monday, White House officials say President Bush will nominate U.S. Ambassador to Iraq Zalmay Khalilzad to be Washington's representative to the United Nations. White House spokesman Tony Snow says U.S. Ambassador to Pakistan Ryan Crocker will replace Khalilzad in Iraq. Snow says an official announcement is expected from the State Department later today. If confirmed by the U.S. Senate, Khalilzad would replace John Bolton. Before taking the position in Iraq, Khalilzad served as Ambassador to Afghanistan from November 2003 to June 2005. During that time, he also served as the special presidential envoy to Afghanistan. A report today in The New York Times says Mr. Bush's new Iraq strategy will set a series of goals for the Iraqi government to meet. The newspaper says the U.S. "benchmarks" will call for Iraqi leaders to draw more Sunni Muslims into the political process and ease restrictions on members of the formerly ruling Baath Party. |
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SCCI Health Services to Pay $7.5M for Violations
Health Care |
2007/01/08 10:52
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Texas-based SCCI Health Services Corporation (SCCI) and its subsidiary, SCCI Hospital Ventures Inc., have paid the United States $7.5 million to settle allegations that the companies violated the Stark self-referral statute and the False Claims Act, the Justice Department announced today. SCCI, which was purchased by Triumph Hospital in 2005, operates long term acute care facilities across the United States. The government complaint alleged that from November 1996 through at least 1999, SCCI entered into prohibited financial relationships with three physicians and paid these physicians illegal payments in violation of the Stark statute. The government further alleged that from November 1996 through at least 1999, SCCI either submitted or caused false claims to be submitted to the Medicare program, as a result of these prohibited financial relationships, in violation of the False Claims Act. The Justice Department is committed to investigating cases that threaten the integrity of the Medicare program, especially when providers fail to abide by federal laws prohibiting the referral of Medicare patients in exchange for a fee, said Assistant Attorney General Peter D. Keisler. The settlement resolves a civil case filed on behalf of the government on April 1, 1999 by former employees and an independent contractor who worked for SCCI Houston. Daryl Kaczymarczyk, Patricia Rocha, Michelle Pate, Michael Brigle and Theresa Taylor filed the case under the qui tam or whistleblower provisions of the False Claims Act, which authorize private parties to file lawsuits on behalf of the United States. On Oct. 2, 2002, the government intervened in the Stark Act claims as to the three physicians. The United States filed its complaint in the case on March 10, 2003. Of the total settlement amount, $1 million resolves additional allegations as to which the government did not intervene. As a result of the settlement, the five whistleblowers shared $1.7 million. The Justice Department and the United States Attorney's Office are committed to preventing and punishing improper financial relationships between physicians and hospitals. Such relationships have great potential to adversely impact the physician's judgment and result in Medicare funds being spent on unnecessary and expensive hospital stays, said Donald J. DeGabrielle Jr., United States Attorney for the Southern District of Texas. The case was handled by the Justice Department's Civil Division and the U.S. Attorney's Office for the Southern District of Texas, with the assistance of the Federal Bureau of Investigation. |
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Akin Gump Expands Tax Policy Practice
Law Firm News |
2007/01/08 10:50
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Renowned federal tax policy advocate Robert J. Leonard has joined Akin Gump Strauss Hauer & Feld LLP as a partner, the firm announced today. For more than three decades, Mr. Leonard has been a distinguished practitioner in the small circle of federal tax policy advocates. He served as chief counsel and staff director of the U.S. House of Representatives Committee on Ways and Means from 1987 to 1993, as chief majority tax counsel of the Committee from 1981 to 1986, and as majority tax counsel from 1974 to 1980. During his 20+-year tenure on Capitol Hill, he was involved in all major tax and trade legislation considered by Congress. Since leaving the government, Mr. Leonard has represented major manufacturers, financial services companies and many other clients on a wide variety of policy matters. Mr. Leonard received his B.A. from the University of Pennsylvania and his J.D. from Vanderbilt Law School. He received his M.B.A. from the Wharton School of the University of Pennsylvania. Joining Mr. Leonard as senior policy counsel is Jayne T. Fitzgerald. Ms. Fitzgerald served as tax counsel on the Committee on Ways and Means from 1980 to 1985 and from 1992 to 1995 before moving to the private sector. She has extensive experience representing clients on tax, trade, pension and health matters before Congress and federal agencies. She received her B.A. summa cum laude and her J.D. magna cum laude from Georgetown University, where she was a member of Phi Beta Kappa. Joel Jankowsky, chair of Akin Gump’s policy and regulatory practice, commented, “Without a doubt, Rob is one of the best-known and most highly regarded tax policy advocates in Washington. His long-time relationships with the chairmen and members of the House and Senate Committees who craft tax law – relationships that have been built on their recognition of the quality of his work – are of critical competitive importance to our ability to serve our clients.” Akin Gump’s tax policy practice is anchored by former Commissioner of the Internal Revenue Service Donald C. Alexander, and includes Jeff McMillen, the former staff director of the House Ways and Means Committee's Subcommittee on Select Revenue Measures, who served under Committee Chairman Bill Thomas (R-CA) and Subcommittee Chairman Jim McCrery (R-LA). Mr. Leonard stated, “Akin Gump’s policy practice is one of the most prominent and diverse in the world. I have long respected the firm’s progressive approach to policy issues and client service. I am pleased to join a team of friends whom I respect and have worked with for many years.” Mr. Jankowsky added, “We believe that Rob and Jayne will significantly enhance our bipartisan tax policy capability. We are very pleased to welcome them to Akin Gump.” Akin Gump’s 50-member policy department – one of the largest and most diverse policy groups of any major law firm in the world – advises major corporations, coalitions of companies and trade associations, as well as nonprofit organizations, municipal governments, Native American tribes and foreign governments. Founded in 1945, Akin Gump Strauss Hauer & Feld LLP, a leading international law firm, numbers more than 900 lawyers with offices in Austin, Beijing, Dallas, Dubai, Houston, London, Los Angeles, Moscow, New York, Philadelphia, San Antonio, San Francisco, Silicon Valley, Taipei and Washington. The firm has a diversified practice and represents regional, national and international clients in a wide range of areas, including antitrust; appellate; banking and finance; capital markets; communications and information technology; corporate and securities; corporate governance; employee benefits; energy; entertainment and media; environmental; estate planning, wealth transfer and probate; financial restructuring; global security; government contracts; health; insurance; intellectual property; international trade; investment funds; labor and employment; land use; litigation; mergers and acquisitions; private equity; privatization; project development and finance; public law and policy; real estate development and finance; Russia/CIS; tax; and technology.
www.akingump.com |
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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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