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Court says Halliburton lawsuit can go forward
Court Watch |
2011/06/10 19:20
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The Supreme Court ruled Monday that Halliburton Co. shareholders can pursue a class-action lawsuit claiming the oil services company inflated its stock price.
The high court overturned a lower court ruling against the shareholders, who want to represent all investors who bought Halliburton stock between June 1999 and December 2001.
The lawsuit argues that Halliburton deliberately understated the company's liability in asbestos litigation, inflated how much money its construction and engineering units would bring in and overstated the benefits of a merger with Dresser Industries. When Halliburton made corrective disclosures, it made the stock price drop and caused investors to lose money, the lawsuit said.
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US appeals court overturns release of detainee
Court Watch |
2011/06/09 23:46
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A Yemeni detainee ordered to be freed from Guantanamo Bay has to stay now that a U.S. appeals court has overturned his release.
The U.S Court of Appeals in Washington says circumstantial evidence of terrorist ties can be enough to keep a prisoner like Hussain Salem Mohammad Almerfedi at the U.S. naval prison in Cuba.
Almerfedi was captured in Iran after the Sept. 11, 2001 attacks and eventually transferred to U.S. authorities through Afghanistan. Government attorneys argue he was staying at an al-Qaida-affiliated guesthouse, based on the testimony of another Guantanamo detainee. Almerfedi denied it, and a lower court judge found the testimony against him unreliable and ordered him released.
But the appeals court said the judge erred in finding the testimony unreliable and found it was likely Almerfedi was part of al-Qaida.
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Court: No shield law for message boards posters
Breaking Legal News |
2011/06/07 05:19
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The New Jersey Supreme Court says people posting in online message boards don't have the same protections for sources as mainstream journalists.
The court ruled Tuesday that New Jersey's shield law for journalists does not apply to such message boards.
The case involved a New Jersey-based software company named Too Much Media. It sued a Washington state blogger for defamation and wanted her to reveal sources she cited on message board posts.
Shellee Hale claimed customer information was compromised and that she should be protected from revealing her sources.
New Jersey's highest court says online message boards are little more than forums for discussion and don't fit the definition of news media as described by the law.
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Lawsuit claims abuse at Hinds Co. juvenile center
Class Action |
2011/06/02 09:02
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Children's advocacy groups filed a federal lawsuit Wednesday that accuses a Mississippi juvenile correction center of subjecting young people to abusive conditions with prolonged isolation, verbal abuse and physical threats. The Southern Poverty Law Center and Disability Rights Mississippi filed the lawsuit in U.S. District Court in Jackson against the Henley-Young Juvenile Justice Detention Center in Hinds County, one of the biggest such facilities in the state. The suit seeks class-action status. The lawsuit claims, among other things, that people in the facility are denied mental health services and isolated in small cells for 20 to 23 hours a day, which the advocates said causes sensory deprivation. When told about the allegations in the lawsuit, detention director Dale Knight said: "That's not true." He referred other questions to Hinds County Administrator Carmen Davis, who didn't immediately return a call. The Henley-Young Juvenile Justice Detention Center is "based on semi-military style, which allows for constructive discipline of the incarcerated youth who have been accused of violating the law," according to a Hinds County website. It houses people aged 10-17. Corrie Cockrell, a Southern Poverty Law Center attorney in the case, said the advocacy groups filed the lawsuit reluctantly after negotiations with the county came to a standstill. The lawsuit seeks to ensure that youngsters in the facility are given the mental health treatment they need while being kept in humane conditions. Cockrell said she hopes the lawsuit will force Hinds County to send more youth to alternative community-based facilities that are not so restrictive. "We just want to ensure that the children who have to go to this facility are afforded all of their fundamental rights and are not being abused," Cockrell said. |
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NY court weighs immunity claim in '93 WTC bombing
Law Center |
2011/06/02 08:58
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The agency that owned and operated the World Trade Center urged the state's top court Wednesday to reject remaining negligence claims for the 1993 bombing by terrorists who detonated a van of explosives in the public garage beneath its twin towers, killing 6 people and injuring about 1,000. In lawsuits citing security concerns since 1984, a jury found that the Port Authority of New York and New Jersey failed as a landlord to maintain reasonably safe premises and was 68 percent at fault, blaming the terrorists for the other 32 percent. A midlevel court upheld the verdict. In arguments Wednesday, attorney Richard Rothman said the Court of Appeals should uphold the Port Authority's claims of governmental immunity for its counter-terrorism measures against what was an unprecedented event, a foreign terrorist attack on the U.S. In court papers, he noted that the FBI building in Washington, D.C., and the New York Police Department headquarters and the United Nations building, both in Manhattan, all had unrestricted underground parking at that time against what was regarded as a relatively low-level threat. Rothman said the 110-story towers housed offices for the governor and several state and federal agencies, and the Port Authority was doing security assessments across its network, including airports. "Treating the Port Authority as just another landlord ... is directly contrary to the statutes under which the World Trade Center was created," he said. Even if regarded under the law as a commercial landlord, Rothman argued it was likewise undisputed that authority officials had many high-level meetings about security and were in touch with federal authorities before the bombing. The twin towers were destroyed on Sept. 11, 2001, when jetliners hijacked by terrorists flew into them. |
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NJ mom accused of starving child pleads not guilty
Breaking Legal News |
2011/06/02 08:57
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Two women pleaded not guilty Wednesday to charges of child endangerment a week after an 8-year-old was found dead in their apartment from severe malnutrition and an untreated broken leg and her injured and emaciated siblings were removed alive.
The children's 30-year-old mother, Venette Ovilde, stared blankly and answered a judge's questions in a barely audible whisper as she entered her plea through a court-appointed attorney. She remains held on $500,000 bail on aggravated manslaughter and child endangerment charges.
Her 23-year-old roommate, Myriam Janvier, also pleaded not guilty through a court-appointed attorney to child endangerment charges. Her bail was continued at $100,000.
Christiana Glenn died May 22 from severe malnutrition and a fractured femur that authorities said had never been treated. Her 7-year-old sister and 6-year-old brother remained hospitalized for treatment of malnutrition and other injuries after being removed from Ovilde's Irvington apartment.
The children were discovered after the police were called to the home on a report of a child not breathing.
The women, who were both born in Haiti but came to the U.S. at a young age, radically altered their lifestyles about two years ago when they came under the sway of a man they described as their religious leader, according to friends and acquaintances. |
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FEMA eyes debt take-back as hurricane season looms
Insurance |
2011/06/01 08:59
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Nearly six years have passed since Hurricane Katrina drowned New Orleans in misery, but many residents haven't forgiven the Federal Emergency Management Agency for its sluggish response to the storm. Now another delayed reaction by FEMA — a stop-and-start push to recoup millions of dollars in disaster aid — is reminding storm victims why they often cursed the agency's name. As a new hurricane season begins Wednesday, FEMA is working to determine how much money it overpaid or mistakenly awarded to victims of the destructive 2005 hurricane season. The agency is reviewing more than $600 million given to roughly 154,000 victims of hurricanes Katrina, Rita and Wilma and is poised to demand that some return money. FEMA already has sent letters to thousands of victims of other disasters, asking them to return more than $22 million. Letters to victims of the 2005 hurricanes could go out in a matter of months, but it's too soon to tell how many people will be told to repay or how much money is at stake. The effort isn't sitting well with victims who spent the money years ago and who could need help again if another powerful storm hits. It's of little consolation that FEMA says procedural changes since 2005 mean future disaster victims aren't likely to have to deal with large recalls of cash. Government forecasters are expecting an above average Atlantic storm season, with three to six major hurricanes that have winds of 111 mph or higher. While no hurricane that strong has made landfall since 2005, forecasters have warned that residents shouldn't count on that streak to continue. "When you get these high levels of activity the likelihood of a hurricane striking the U.S. goes up quite a bit," said Gerry Bell, lead seasonal hurricane forecaster at NOAA's Climate Prediction Center in Washington. Paul Wegener, whose New Orleans home flooded up to the gutters after Katrina, felt short-changed when FEMA gave him a $30,000 grant for a house that wound up costing more than $566,000 to rebuild. He applied for more through the state's Road Home program but was told he didn't qualify. The thought of having to return some of his federal aid only compounds his frustration. |
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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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