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Airline attack suspect sought martyrdom
Breaking Legal News |
2011/10/10 09:41
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A young Nigerian allegedly on a terrorist mission for al-Qaida prayed, washed and put on perfume moments before trying to detonate a bomb in his underwear to bring down an international jetliner on Christmas 2009, a prosecutor told jurors as the man's trial opened Tuesday.
Virtually everyone aboard Northwest Airlines Flight 253 had holiday plans, but Umar Farouk Abdulmutallab believed his calling was martyrdom, Assistant U.S. Attorney Jonathan Tukel said.
In the plane's bathroom, "he was engaging in rituals. He was preparing to die and enter heaven," Tukel said. "He purified himself. He washed. He brushed his teeth. He put on perfume. He was praying and perfuming himself to get ready to die."
After returning to his seat, Abdulmutallab pushed a small plunger on the chemical bomb in his underwear, an action that produced a "pop," the prosecutor told jurors.
The bomb didn't work as planned but Abdulmutallab was engulfed in flames, said Tukel, who displayed the flight's seating chart on a screen to show jurors where things happened on the plane.
Opening statements began after an unexplained 70-minute recess requested by Abdulmutallab and his attorney, Anthony Chambers, shortly after they entered the courtroom. |
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US court turns down Philly DA in cop-killing case
Court Watch |
2011/10/10 09:41
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The U.S. Supreme Court has rejected a request from prosecutors who want to re-impose a death sentence on former Black Panther Mumia Abu-Jamal, convicted of killing a white Philadelphia police officer 30 years ago.
The justices on Tuesday refused to get involved in the racially charged case. A federal appeals court ordered a new sentencing hearing for Abu-Jamal after finding that the death-penalty instructions given to the jury at Abu-Jamal's 1982 trial were potentially misleading.
Courts have upheld Abu-Jamal's conviction for killing Officer Daniel Faulkner over objections that African-Americans were improperly excluded from the jury.
The federal appeals court in Philadelphia said prosecutors could agree to a life sentence for Abu-Jamal or try again to sentence him to death.
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High court appears to favor Ala. death row inmate
Court Watch |
2011/10/06 09:33
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The tale of returned mail and a missed deadline might seem comical, if it did not involve a man trying to stave off execution. Supreme Court justices had harsh words Tuesday for lawyers who abandon their clients and a state legal system that does not seem overly concerned.
At the end of a lively hour of arguments, it appeared that the court would order a new hearing for Alabama death row inmate Cory Maples, who lost the chance to appeal his death sentence because of a mailroom mix-up at the venerable New York law firm Sullivan and Cromwell and the diffidence of a local court clerk.
Two Sullivan and Cromwell lawyers were pressing Maples' claim that his earlier legal representation was so bad that it violated the Constitution -- until they both left the firm without telling Maples or the Alabama courts.
Deadlines usually matter a lot at the Supreme Court, where a few years back a defendant who was late to file an appeal because the judge gave his lawyer the wrong date still lost his case. Another principle to which the court often holds dear is that it's tough luck for defendants whose lawyers make mistakes.
But Tuesday's case, perhaps because it involves the death penalty, was the rare instance when the court seemed prepared to grant some leeway on both counts. |
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Scott Cole & Associates Announces Update for Class Action
Class Action |
2011/10/06 09:32
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According to Scott Cole, within days of being hit with a class action lawsuit for failing to offer meal and rest breaks to its California workforce, Guitar Center fired the man who pioneered the lawsuit and allowed its workers to parade the named plaintiff’s final paycheck around the workplace. In immediate reaction to these events, the plaintiff’s attorneys at Scott Cole & Associates amended the Complaint today to allege a wrongful termination and invasion of privacy claim.
“If Guitar Center thinks it can send a message to its workers that standing up for their rights will cost them, this new wrongful termination claim sends a stronger message right back,” says Scott Cole, the principal lawyer on the case. “Firing our client was a big mistake.”
The lawsuit is entitled Pellanda v. Guitar Center, Inc.
Oakland-based Scott Cole & Associates, APC is one of California’s premiere class action law firms and is devoted to representing individuals in employment and consumer rights litigation. For more information about our practice and cases, visit www.scalaw.com or call (510) 891-9800.
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Alberto Gonzales joins Nashville law firm
Law Center |
2011/10/06 05:32
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Former U.S. Attorney General Alberto Gonzales, the first Hispanic attorney general in U.S. history, has joined one of Nashville’s largest law firms and will play a role in mentoring younger lawyers.
Gonzales, 56, will focus on government relations, government investigations and white-collar defense for Waller Lansden Dortch & Davis LLP, the firm said Wednesday.
He also will be involved in the firm’s diversity initiatives, which include a mentoring program.
“It is a great honor for me to join Waller Lansden, a firm that I greatly admire,” Gonzales said in a statement. “Waller Lansden has a reputation for providing incisive legal representation while caring deeply for its clients. The firm’s breakthrough initiatives to encourage diversity in the workplace are admirable.”
Gonzales became the first Hispanic attorney general in U.S. history when President George W. Bush appointed him in 2005.
But he left the post in 2007 under a cloud of controversy stemming from allegations that, under his watch, the U.S. Justice Department improperly hired and fired several U.S. attorneys for political reasons.
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Court seems divided over Miranda rights case
Law Center |
2011/10/05 09:33
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The Supreme Court seemed split Tuesday on whether to require police to read Miranda rights to prison inmates every time they interrogate them about crimes unrelated to their current incarceration.
The high court heard arguments from lawyers from the state of Michigan who want a federal appeals court decision overturning Randall Lee Fields' conviction thrown out.
Fields was serving a 45-day sentence in prison on disorderly conduct charges when a jail guard and sheriff's deputies from Lenawee County, Mich., removed him from his cell and took him to a conference room. The deputies, after telling him several times he was free to leave at any time, then questioned him for seven hours about allegations that he had sexually assaulted a minor. Fields eventually confessed and was charged and convicted of criminal sexual assault.
Fields was then sentenced to 10 to 15 years in prison but appealed the use of his confession, saying that he was never given his Miranda rights on the sexual assault charges.
On appeal, the 6th Circuit Court of Appeals in Cincinnati threw out his confession and conviction, ruling that it is required that police read inmates their Miranda rights anytime they are isolated from the rest of the inmates in situations where they would be likely to incriminate themselves.
This case is another example of the courts' recent struggle to clearly define Miranda rights, which have been litigated since they first came into being in 1966. The courts require police to tell suspects in custody they have the right to remain silent and the right to have a lawyer represent them, even if they can't afford one.
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Dynex Capital, Inc. Reaches Agreement-in-Principle to Settle Class Action
Class Action |
2011/10/04 11:22
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Dynex Capital, Inc. announced today that it has entered into a memorandum of understanding reflecting an agreement in principle to settle all claims asserted against all defendants of the class action lawsuit captioned In re Dynex Capital, Inc. Securities Litigation, Case No. 05 Civ. 1897 (HB) (S.D.N.Y.) now pending in the United States District Court for the Southern District of New York (the “Court”). The lawsuit was filed by the Teamsters Local 445 Freight Division Pension Fund in February 2005 and alleged violations of the federal securities laws on behalf of a class of purchasers of MERIT Series 12-1 and MERIT Series 13 securitization financing bonds between February 2000 and May 2004. The memorandum of understanding sets forth terms of a proposed settlement whereby the Company would pay $7.5 million into an escrow account following the negotiation and execution of a definitive settlement agreement and preliminary approval by the Court. The disbursement of the escrowed payment will be subject to notice to the class and final approval by the Court, in addition to any other conditions contained in the definitive settlement agreement. The Company continues to deny that it violated any federal securities laws and has agreed in principle to this settlement solely to eliminate the expense, burden and uncertainty of the litigation. The Company had not provided reserves for this litigation and accordingly the proposed settlement amount will be included as an expense in the Company’s financial statements for the third quarter of 2011. The proposed settlement amount will reduce earnings per share for the third quarter of 2011 by approximately $0.186 per common share. The proposed settlement does not impact the Company’s previously declared dividend for the third quarter of $0.27 per common share. “This settlement will resolve legacy litigation so that we may continue to focus on the long-term future of our business,” said Thomas B. Akin, Chairman and Chief Executive Officer. “It will settle a significant uncertainty and does not materially impact the core operating or future earnings potential of the Company.” Separately the Company announced that it expects to exercise its option to refinance in October 2011 approximately $74.2 million in collateralized financings with repurchase agreement financing in order to take advantage of the lower interest rate environment and reduce its overall borrowing costs. Approximately $23.7 million in the collateralized financings is a securitization financing bond issued by the Company in 1998 and which finances commercial mortgage loans included in the Company’s financial statements. The bond had recently been upgraded to ‘AA’ from ‘A+’ reflecting the high quality of the associated loan collateral. Overall the refinancing is expected to save the Company approximately $2.0 million annually in interest costs based on current anticipated market conditions and repurchase agreement financing terms (which are subject to change) and approximately $600,000 annually in amortization expense. The Company will take a one time non-cash charge of $2.0 million on the redemption of the securitization financing bond related to remaining unamortized discount recorded on the bond as of September 30, 2011. Consummation of the refinance is dependent on several factors, including, but not limited to, interest rates, the Company obtaining repurchase agreement financing on terms and conditions acceptable to the Company and the condition of repurchase financing markets generally. Dynex Capital, Inc. is an internally managed real estate investment trust, or REIT, which invests in mortgage assets on a leveraged basis. The Company invests in Agency and non-Agency RMBS and CMBS. The Company also has investments in securitized single-family residential and commercial mortgage loans originated by the Company from 1992 to 1998. Additional information about Dynex Capital, Inc. is available at www.dynexcapital.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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