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Court rejects FCC 30 pct cap on cable market share
Breaking Legal News | 2009/08/28 10:26
An appeals court on Friday overturned a rule that said a cable TV company could not serve more than 30 percent of the nation's subscribers. The verdict was a victory for the largest cable company, Comcast Corp., which has 26 percent share and sued to block the rule.

The U.S. Court of Appeals for the District of Columbia Circuit ruled that the cap, imposed by the Federal Communications Commission, was "arbitrary and capricious," and threw out the restriction.

Fearing a cable monopoly, Congress in 1992 directed the FCC to set limits on how many customers cable TV operators could reach nationwide.

The FCC set the 30 percent limit, but that was thrown out twice before by the courts. Two years ago the cap was reinstated, prompting the new challenge from Comcast.

FCC Commissioner Robert McDowell said he had disagreed with the commission's decision to re-impose the cap in 2007 because he felt the rule was vulnerable to a challenge given that it was already overturned in 2001. He said that the commission's cap was based on "aging data and questionable assumptions" that didn't adequately reflect the entry of new competitors to cable operators.



Ex-Stanford CFO apologizes after pleading guilty
Court Watch | 2009/08/27 09:30
The chief financial officer of Stanford Financial Group pleaded guilty in connection with a $7 billion international Ponzi scheme Thursday in federal court here.

James Davis, 60 years old, is cooperating with federal prosecutors, who are mounting a case against the chief executive of Stanford, R. Allen Stanford. Mr. Stanford was hospitalized Thursday morning because of a rapid heart beat.

Mr. Davis is facing up to 30 years in prison on charges of conspiracy to commit mail, wire and securities fraud as well as mail fraud and conspiracy to obstruct a Securities and Exchange Commission investigation. The government is seeking $1 billion from Mr. Davis.

"I did wrong. I'm sorry," Davis, the former Stanford chief financial officer said outside a Houston courthouse, after pleading guilty to fraud and conspiracy charges. "I apologize. I take responsibility for my actions."

Mr. Davis doesn't have the money, his attorney David Finn said.

Mr. Davis's assets have been frozen. He is living in Michigan and working a $10-an-hour manual labor job on a family farm in order to pay for his legal fees, Mr. Finn said.



Crandall Canyon payouts moving through Utah courts
Breaking Legal News | 2009/08/27 09:28
Judges have begun approving payouts from a multimillion-dollar settlement stemming from the collapse two years ago of a Utah mine that entombed six miners and led to three rescuers' deaths.

Recently released court records show the claims also cover a miner who narrowly avoided a crushing death only to commit suicide months later. The money will support two children of Brian Keith Pritt, who was haunted by survivor's guilt and shot himself in the head, according to a family lawyer.

"He lost many of his close friends," Fred Silvester said Wednesday.

While judges have signed off on trust funds for children of miners and rescuers who died in the disaster at Crandall Canyon, many details remain confidential. Only the payouts for children under 18 require a judge's approval.

The settlement, announced May 12, was characterized as the largest in Utah mining history. Case files at 3rd District Court in Salt Lake City are packed with sealed envelopes holding confidential payout terms approved Aug. 13. Other settlements for minor children are pending in 7th District Court in Price, near Crandall Canyon.

The lawsuits were filed against Pepper Pike, Ohio-based Murray Energy Corp. and three of its subsidiaries or affiliates; engineering consultants Agapito Associates Inc. of Grand Junction, Colo.; mine co-owner Intermountain Power Agency and its partner in a coal-fired Utah power station, the Los Angeles Department of Water and Power.



Seiko Epson unit pleads guilty in price fixing case
Business | 2009/08/27 04:30

A unit of Seiko Epson Corp agreed to plead guilty to one count of conspiring to fix prices for liquid crystal screens sold to mobile phone maker Motorola Inc, the U.S. Justice Department said on Tuesday.

Epson Imaging Devices Corp, which was known as Sanyo Epson Imaging Devices Corp at the time of the conspiracy, agreed to pay a $26 million fine for the conspiracy involving LCD panels that were used in Razr mobile phones from late 2005 through mid-2006, the government said.

The company was charged with agreeing with unnamed co-conpirators in Japan to charge certain prices for so-called Thin Film Transistor-Liquid Crystal Display panels and issuing price quotations in line with those agreements, the Justice Department said.

In addition to the guilty plea, which is subject to court approval, Epson also agreed to continue with the ongoing antitrust investigation.

An attempt to reach the company for comment was not immediately successful.



Fla. gay adoption ban goes to appeals court
Breaking Legal News | 2009/08/26 11:09
A Florida appeals court is being urged to affirm a judge's ruling that the state's strict ban on adoptions by gay people is unconstitutional.

Attorneys for parent Martin Gill and his two children argued Wednesday in Miami that there's no rational basis to exclude gay people. Gill and his partner have adopted two young brothers.

State lawyers contend the Legislature should make such decisions. They claim the judge wrongly legislated from the bench in striking down the law last year.

The American Civil Liberties Union, which is representing Gill, calls Florida's gay adoption ban the broadest such law in the nation.

It will likely be months before the appeals court issues a ruling, which could then be appealed to the Florida Supreme Court.



Toyota to make largest auto recall in China
International | 2009/08/26 10:07

Toyota Motor Corp will recall 688,314 Camry and other sedans made at its two China joint ventures from Tuesday, its largest recall in the country, to fix a faulty electric switch to the window.


But analysts say the recall will not have any long-term impact on the Japanese auto maker's growth prospect in China as the defect is minor and only involves a single supplier.

The recall, which comes at time when Toyota has lost some of its steam after years of breakneck growth, may however swing some buyers to its European and U.S. rivals for now, they said.

"The size of the recall is big, but it won't be a major problem for Toyota given the nature of the defect. Still, there will be some impact for the short term," said Huang Zherui, an analyst with CSM Worldwide, a global industry consultancy.

In the first half, the Japanese automaker sold 284,000 passenger cars in China, almost unchanged from a year earlier, due largely to its limited offering of small models.



Dutch court: Web site must remove copyright works
International | 2009/08/26 06:08
A civil court on Wednesday ordered Dutch Web site Mininova to remove within three months all files on its servers that point to copyrighted works or face a fine of up to euro5 million ($7.16 million).

Mininova rivals Sweden's The Pirate Bay as the largest index of BitTorrent files, software that can be used to trade movies, music and computer games.

In Wednesday's ruling, the Utrecht District Court sided with Stichting Brein, a Dutch-based organization funded by copyright-holder groups. It said Mininova was inciting users to infringe copyrights and profiting from infringement by advertising on the site.

"The court didn't agree with Mininova's argument that it was impossible for it to find and remove torrents that point to copyrighted materials," the ruling said.

Unlike The Pirate Bay, Mininova was already removing files when it received a takedown notice from copyright holders.

But the court said that wasn't good enough, and Mininova should assume that all commercial media works are copyrighted.

"The court believes it's generally known that commercially made films, games, music and TV series are copyrighted and that these works are only copyright-free in exceptional cases," the ruling said.



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