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Qualcomm: court grants motion to dismiss lawsuit
Breaking Legal News | 2009/08/11 12:03
Qualcomm Inc. said Tuesday that a California court has granted its motion to dismiss a consumer class-action lawsuit that accused the chip maker of antitrust violations and unfair competition.

Judge William Q. Hayes of the U.S. District Court for the Southern District of California rejected plaintiff Christopher Lorenzo's arguments in his amended complaint, standing by his previous ruling that Lorenzo lacked standing on the antitrust allegations.

The court also manintained that Lorenzo's claims did not give him the right to be compensated by Qualcomm under California's unfair competition law.



Animal groups in court over Helmsley fortune
Breaking Legal News | 2009/08/11 12:03
Leona Helmsley's dog, Trouble, may be living quietly enough in Florida, but there's a lot of barking about the way the late hotel queen's millions are being given away.

Three of the country's largest animal welfare groups on Monday accused the trustees of Leona Helmsley's estate of a "scheme to deprive dog welfare charities" of their stake in the real estate baroness' fortune. They filed a petition in Manhattan Surrogate Court arguing that Helmsley, who died in 2007, specified in her will that her multibillion-dollar estate should be used to help dogs, and the trustees disregarded those wishes.

The groups — the Humane Society of the United States, the American Society for the Prevention of Cruelty to Animals and Maddie's Fund — want the court to throw out a judge's February decision that gave the trustees for the Leona M. and Harry B. Helmsley Charitable Trust sole authority to determine which charities would benefit from her estate.

In April, the trustees gave away $136 million to hospitals, foundations and the homeless. They gave $1 million to animal charities, including $100,000 to the ASPCA and groups that train guide dogs for the blind.

The trust, in a statement posted on its Web site, said Helmsley never wanted her fortune just to go to dogs.

"Did Leona Helmsley intend for this charitable trust to focus on the care and help of dogs, rather than people? Absolutely not," the statement said. "Have the trustees of this vast fortune acted improperly and ignored Mrs. Helmsley's instructions? Again, absolutely not."

The hotel heiress, whose fortune had been estimated at $5 billion to $8 billion after her death at age 87, also named her dog as a beneficiary in her will, leaving a $12 million trust fund for the little white Maltese. But a judge whittled that amount down to $2 million.



Feds: Fmr. Mass. speaker's lawyer has conflict
Breaking Legal News | 2009/08/10 10:33
Prosecutors have asked a judge to disqualify the lawyer representing former Massachusetts House Speaker Salvatore DiMasi in his federal corruption case, because the lawyer also gave advice to a prosecution witness.

Court documents unsealed this week show that Steven Topazio, DiMasi's former law associate, testified that he consulted DiMasi's lawyer, Thomas Kiley, as soon as questions surfaced about Topazio's relationship with the software company whose multimillion dollar state contracts are at the center of the case against the former speaker.

Prosecutors say Topazio was the conduit for monthly $4,000 payments from the company to DiMasi. Topazio is now a government witness.

The Boston Globe reports that prosecutors argue that Kiley has a conflict of interest by representing "two adversely positioned clients."



Reputed drug kingpin Montoya to plead guilty
Breaking Legal News | 2009/08/09 10:32
Prosecutors say one of Colombia's most notorious reputed cocaine kingpins is set to plead guilty next week to U.S. drug charges.

A Miami federal judge on Friday set a change of plea hearing for Tuesday for "Don" Diego Montoya, the alleged chief of Colombia's North Valley Cartel. Montoya was extradited to face U.S. charges in December and initially pleaded not guilty.

Prosecutors say in court papers that Montoya will plead guilty to charges from two separate cases: one in Miami and one in Washington, D.C. Both accuse Montoya of drug racketeering and conspiracy charges.

Montoya's attorney did not immediately return a telephone call seeking comment.



Russian court refuses new Politkovskaya inquiry
International | 2009/08/08 10:31
A Moscow court rejected a plea by the family of slain Russian journalist Anna Politkovskaya for a new investigation into her death, leading critics again to accuse authorities of not being interested in hunting the perpetrators.

Three men are being retried for allegedly playing minor roles in Politkovskaya's 2006 slaying after the Supreme Court overturned their acquittal in June.

Politkovskaya's family had hoped the retrial, which started Wednesday, would spur a new inquiry to discover the masterminds of the killing. Prosecutors had backed the family's request for a new investigation.

But Friday's ruling dashed those hopes, and underpinned suspicion of official obstruction in the high-profile case.

Politkovskaya's daughter, Vera, said Friday's decision lessened the family's faith in the fairness of the proceedings.



Appeals court in Va. upholds sniper conviction
Court Watch | 2009/08/08 10:28
A federal appeals court in Virginia has affirmed the capital murder conviction and death sentence of D.C.-area sniper mastermind John Allen Muhammad.

A three-judge panel of the 4th U.S. Circuit Court of Appeals issued its unanimous ruling Friday. The panel rejected several claims by Muhammad, including that he never should have been allowed to act as his own lawyer for part of his 2003 trial because he was too mentally impaired.

The 2002 shootings by Muhammad and teenage accomplice Lee Boyd Malvo terrorized the Washington, D.C., area. In all, 10 people were killed in four states, including Alabama and Louisiana, before the pair moved on to Virginia, Maryland and D.C.

Muhammad's attorney, Jonathan Sheldon, said in an e-mail that he will appeal to the U.S. Supreme Court.



Plaintiffs in Dole case seek $1.6M judgment
Court Watch | 2009/08/07 10:30
Six Nicaraguans who say pesticide on a Dole banana farm made them sterile are trying to keep a $1.6 million judgment that's threatened because a judge ruled similar cases were phony.

The men hired a lawyer who filed court papers Thursday arguing the Los Angeles judge relied on a flawed process to reach her decision.

Their case is one of several that claimed a pesticide made workers at Dole Food Co. banana farms sterile.

The men's nearly $1.6 million award was called into question this year after Superior Court Judge Victoria Chaney dismissed two separate cases against Dole. Chaney ruled that lawyers concocted phony claims to wring billions of dollars from the company.

Because of that ruling, the six men must now prove their case wasn't fraudulent.



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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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