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Top Republican challenges Kagan's independence
Breaking Legal News |
2010/05/14 06:55
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The top Republican in the Senate demanded assurances on Wednesday that President Barack Obama's solicitor general and friend, Elena Kagan, would be free of White House influence if confirmed as a Supreme Court justice. "Americans want to know that Ms. Kagan will be independent," Minority Leader Mitch McConnell said in a Senate speech as Obama's Supreme Court pick began a series of courtesy visits with senators who will decide whether to confirm her. McConnell noted that when Obama nominated Kagan to the Supreme Court on Monday, he said that "they're friends." "It's my hope that the Obama administration doesn't think the ideal Supreme Court nominee is someone who would rubber stamp its policies," McConnell said. "But this nomination does raise the question. And it's a question that needs to be answered." For the past year, Kagan, 50, has been Obama's solicitor general, a post in which she argues cases on behalf of the U.S. government before the Supreme Court. She is widely expected to be approved for a seat on the high court by the Democratic-led Senate before lawmakers' August recess. Yet with Republicans' conservative base fired up for the November congressional election, McConnell and other Republicans are expected to subject her to tough scrutiny. Kagan is seen as a moderate, and much of Obama's largely liberal base had been pushing for a more liberal nominee. |
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KPA Settles $2.15 Million Class Action
Law Firm News |
2010/05/14 02:52
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Khorrami Pollard & Abir LLP, a national plaintiff-only law firm specializing in class actions and mass torts, has just settled a $2.15 million class action case. The case was brought before the court on behalf of certain students who attended Modern Technology/Maric College in Northern California, alleging they were mislead regarding their eligibility to sit for the ARRT examination. More information on Khorrami Pollard & Abir LLP, including the attorneys involved and the firm’s case load, can be found on our website at www.kpalawyers.com.
For additional information please call me at 213.596.6000 or email at bwilson@kpalawyers.com. |
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Heat's Wade faces ex-partners in restaurant suit
Court Watch |
2010/05/13 09:02
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Miami Heat star Dwyane Wade will be in a different kind of court as he faces trial in a $25 million lawsuit filed by his former partners in a failed restaurant venture. Jury selection was set to begin Wednesday in the case over the defunct D. Wade's Place chain. Wade's former partners claim he broke a contract by demanding higher compensation and then abandoning the deal in 2008. Wade contends in court documents he had every right to end the business relationship. His lawyer says the all-NBA guard plans to attend the two-week trial and is likely to testify. Wade is also involved in a messy divorce and faces two other lawsuits over business dealings. One of them involves Miami-based charter schools that were supposed to bear his name.
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Senate panel advances liberal appeals court pick
Political and Legal |
2010/05/13 08:01
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President Barack Obama's liberal pick for a San Francisco-based appeals court, Goodwin Liu (Loo), has survived his first Senate test but still faces strong Republican opposition. The Judiciary Committee voted 12-7 on Thursday to recommend confirmation of the law professor and associate dean of the University of California law school at Berkeley. Republicans have assailed Liu's liberal writings. The nominee, at an earlier hearing, testified that his personal views would never have a role if he's confirmed to the 9th U.S. Circuit Court of Appeals.
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German court orders wireless passwords for all
International |
2010/05/13 06:02
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Germany's top criminal court ruled Wednesday that Internet users need to secure their private wireless connections by password to prevent unauthorized people from using their Web access to illegally download data. Internet users can be fined up to euro100 ($126) if a third party takes advantage of their unprotected WLAN connection to illegally download music or other files, the Karlsruhe-based court said in its verdict. "Private users are obligated to check whether their wireless connection is adequately secured to the danger of unauthorized third parties abusing it to commit copyright violation," the court said. But the court stopped short of holding the users responsible for the illegal content the third party downloads themselves. The court also limited its decision, ruling that users could not be expected to constantly update their wireless connection's security — they are only required to protect their Internet access by setting up a password when they first install it. The national consumer protection agency said the verdict was balanced.
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Elderly Conn. sister can keep full lottery prize
Court Watch |
2010/05/13 04:03
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A judge says an elderly Connecticut woman doesn't have to share her half of a $500,000 lottery windfall with the sister who sued her over it. Eighty-seven-year-old Rose Bakaysa and her 84-year-old sister, Theresa Sokaitis, have been fighting over the money in court since 2005. That was shortly after Bakaysa and their brother won the Powerball jackpot. Sokaitis says they signed a notarized contract a decade earlier to split all gambling profits. Bakaysa says that deal ended in 2004 during a spat over a few hundred dollars. New Britain Superior Court Judge Cynthia Swienton on Wednesday agreed with Bakaysa, ruling the contract ended during the argument.
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CPA firm seeking payment from law firm for tax prep
Legal Business |
2010/05/12 10:07
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A Charleston accounting firm is suing a Charleston law firm for helping them avoid a visit from the tax man. Grigoraci, Paterno and Associates filed suit on April 30 against the Law Offices of John R. Mitchell Jr. In their complaint filed in Kanawha Circuit Court, GPA alleges Mitchell owes them nearly $20,000 for helping prepare the firm's federal, state and local taxes from 2005 to 2007. In its suit, GPA says it prepared Mitchell's 2005 and 2006 federal and state corporate income tax returns. The work they performed included filing extensions. For the 2005 calendar year, GPA says it prepared for Mitchell "Forms W-2, W-3, 1099s and other business and payroll tax returns." Also, during the 18-month period from Jan. 16, 2006, to July 31, 2007, GPA says it performed a variety of accounting services for Mitchell, a former state Senator. Those included quarter tax returns and reports, bookkeeping and unspecified consulting services. Furthermore, GPA prepared both Mitchell's corporate business license return and Kanawha County property tax return for the 2006-2007 fiscal year. In April 2007, GPA says it also aided Mitchell in complying with an audit performed by BrickStreet Mutual Insurance Company. Since then, GPA alleges Mitchell made payments for the services provided. However, they allege Mitchell still owes $18,900 for which it has "failed and wrongfully refused to pay." GPA seeks judgment against Mitchell for the outstanding balance of $18,900 plus a one percent late payment charge, attorneys fees, court costs and interest. They are represented by Donald L. Stennett with the Charleston law firm of Robinson and McElwee.
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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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