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N.J. court reverses open public records ruling
Court Watch |
2010/05/11 08:45
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A New Jersey court has found that records of settlements reached by insurance companies on behalf of government entities should be open to the public. In 2008, lawyer Mark Cimino asked used the state's Open Public Records Act to request copies of legal settlements involving Gloucester County government. The county argued that the settlements were made by insurance companies and that records of them were stored with the firms. A lower court judge agreed that those factors meant the documents in question were not covered by the open records law. But today, a three-judge appeals panel reversed the ruling, sending it back to a lower court. |
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Ex-manager of band The Fray wins round in court
Court Watch |
2010/05/11 08:42
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A federal judge agreed Monday that a lawyer for Denver-based band The Fray might face liability in the band's ongoing court battle with a former manager. The band alleges its former manager, Gregg Latterman, failed to disclose that his company obtained ownership to a portion of the band's music when a publishing agreement was signed in 2005. In a hearing Monday, U.S. District Court Judge Boyd Boland agreed to consider Latterman's claim that the band's lawyer, J. Reid Hunter of New York, was aware of the publishing agreement and failed to inform the band. Hunter didn't immediately return a call seeking comment. The band's hits include 2006's "How to Save a Life" and 2009's "You Found Me." Latterman filed counterclaims alleging breach of contract. He says The Fray owes his company more than $750,000 in commission and expenses. Latterman claims The Fray tried to end his management contract early and pressured him to accept concessions, including smaller commissions, as the band's popularity grew. |
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ICC prosecutor visits violent Kenyan slum
Breaking Legal News |
2010/05/11 04:43
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The prosecutor of the International Criminal Court met Monday with members of a self-help group in a Nairobi slum that saw some of the most brutal acts committed during Kenya's 2007-2008 postelection violence. Luis Moreno Ocampo said he visited Kenya's crime-prone Mathare slums to understand the views of some of the victims of election violence, which killed more than 1,000 people. The Mathare slum is known for its high crime rates and the widespread production and consumption of homemade alcohol. The prosecutor has said he believes crimes against humanity were committed during the violence. Judges at the ICC last month authorized Moreno Ocampo to open an investigation. "My duty is to understand the views of the victims," Moreno Ocampo said. "It was a short visit and we saw just a little group but this is the beginning. It is important for us to understand what happened to them and how they feel." Moreno Ocampo arrived in Kenya on Saturday for a five-day visit to meet with victims. He visited the Mwelu Foundation, a self-help group in Mathare that trains youth in photography, television production and journalism with the hope that they can use this skills to break out of the cycle of poverty.
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Movie Gallery plans to close all stores, liquidate
Business |
2010/05/11 02:43
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Movie Gallery Inc., the owner of struggling movie rental chain Hollywood Video, is planning to close its remaining stores and liquidate as consumers are increasingly get movies through the mail, vending machines and high-speed Internet connections. The No. 2 rental chain behind Blockbuster Inc. filed a notice with the U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond late last week that it will terminate its business operations after defaulting on a loan from one of its creditors. An agreement filed with the court sais the move to close more than 1,900 remaining stores is in the "best interests" of the company and its creditors. The agreement does not specify a time line. It must be approved by a bankruptcy judge. Phone calls to Movie Gallery and an attorney representing the company were not immediately returned. The company, based in Wilsonville, Ore., filed for Chapter 11 bankruptcy in February, buckling under the competitive pressure from movies-by-mail service Netflix Inc., DVD kiosk company Redbox and delivery of movies and TV shows over the Internet.
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Food Safety Law Firm Investigates Outbreak of E. coli
Breaking Legal News |
2010/05/10 08:40
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Richard J. Arsenault of Neblett, Beard & Arsenault in Alexandria, Louisiana, says the latest cases of food poisoning undermine public confidence in our nation's food supply. Alexandria, La. (PRWEB) May 10, 2010 -- As another outbreak of E. coli spreads across the nation, prompting a multistate recall of lettuce products, a nationally known law firm involved in food safety litigation has called for stricter enforcement of food processing rules and regulations. “E. coli in any food product is unacceptable, and once again we're seeing an outbreak in a popular and widely distributed food item," said food safety lawyer Richard J. Arsenault, founding partner at Neblett, Beard & Arsenault in Alexandria, Louisiana. “This type of recall undermines the public’s confidence in our food supply," Arsenault said. "It’s imperative that the safety of our food become a top priority." On May 6, the U.S. Food and Drug Administration announced a multistate recall of shredded romaine lettuce sold by Freshway Foods of Sidney, Ohio. Tests run by the New York State Public Health Laboratory in Albany discovered the presence of the E. coli 0145 in a package of romaine lettuce. The recalled romaine lettuce was sold to wholesalers, restaurants, delis and institutions under the brand names Freshway and Imperial Sysco in the following states: Alabama, Connecticut, the District of Columbia, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia and Wisconsin. Consumers who purchased romaine lettuce from in-store salad bars and delis including those at Kroger, Giant Eagle, Ingles Markets and Marsh stores in the states previously listed should throw the product away, according to a recall notice on the FDA site. Bulk, prepackaged romaine or bagged salad mixes containing romaine that were purchased in supermarkets are not included in the recall; Freshway Foods does not produce those products, according to the FDA. So far, victims of the illnesses are mostly college students in Ohio, Michigan and New York, but the outbreak may expand as the recall spreads public awareness of the hazard. As of May 7, there are 19 individuals that have become ill from E. coli O145 with as many as 10 other illnesses the CDC suspects are linked. Many of the victims have been hospitalized and three of the victims have developed hemolytic uremic syndrome (HUS), a life threatening complication. The food safety attorneys at the law offices of Neblett, Beard & Arsenault are currently investigating claims on behalf of E. coli victims who believe their illnesses are part of this multistate outbreak. Fruits and vegetables, like romaine lettuce, can carry pathogens from the soil or water, or become contaminated during processing. Leafy greens are the produce most often associated with foodborne illness. It is not yet known how the lettuce may have become contaminated with E. coli 0145, but the FDA is investigating a lettuce farm in Yuma, Arizona. |
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PM deaths call man admits charges
Breaking Legal News |
2010/05/10 08:39
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A man who posed as the leader of a British offshoot of al Qaida and called for the deaths of Gordon Brown and Tony Blair has pleaded guilty to a string of terrorist offences. Ishaq Kanmi, 23, of Blackburn, posted a message on a Jihadi website which declared the Prime Minister and his predecessor would be sought by "martyrdom seekers" if his demands were not met. Pretending to be Umar Rabie - the head of "al Qaida in Britain" - he issued a two-month deadline in January 2008 calling for the withdrawal of British troops from Iraq and Afghanistan, together with the release of all Muslim captives from Belmarsh Prison. Kanmi was arrested at Manchester Airport as he waited to board a flight to Finland in August 2008. He had three electronic storage devices in his suitcase and was carrying a mobile phone which all contained terror-related information which he intended to distribute. It can now be reported that Kanmi was travelling to Helsinki with Abbas Iqbal, 24, one of two brothers who filmed al Qaida-style propaganda in a park in broad daylight and dubbed themselves "The Blackburn Resistance". Iqbal, also from Blackburn, was sentenced to three years in jail at Manchester Crown Court two months ago. |
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Murderer freed after 'victim' found alive in China
International |
2010/05/10 03:32
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A man imprisoned nearly 10 years for murder was freed after his alleged victim turned up alive, a case that raises concerns about police using torture to extract confessions. The Higher People's Court in the central province of Henan pronounced Zhao Zuohai, 57, innocent, after the man he was accused of killing, Zhao Zhenshang, returned to their village April 30, the China Daily newspaper reported Monday. An investigation was under way into the conviction, and Zhao Zuohai will receive about $45,000 in compensation for his wrongful imprisonment, the newspaper reported. The incident raises concerns about police torture, which Zhao Zuohai's relatives say was used to force him to confess even though he was innocent. Torture is believed to be used widely by police and government officials who rely heavily on coerced confessions to prove criminal cases. In 1997, Zhao Zhenshang, now 58, disappeared after having an argument with Zhao Zuohai, the report said, citing court documents. The two men are not related. Zhao Zuohai was arrested in 1999 after a headless body believed to be Zhao Zhenshang was found, the China Daily said. After he went to prison, Zhao Zuohai's wife remarried and her new husband adopted his children. Zhao Zuohai's relatives say he has scars after being tortured by police into confessing, the China Daily reported.
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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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