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Court blocks road construction in national forests
Environmental | 2009/08/06 08:29
A federal appeals court Wednesday blocked road construction in at least 40 million acres of pristine national forests.

The decision by a three-judge panel of the 9th Circuit Court of Appeals reinstates most of a 2001 rule put in place by President Bill Clinton just before he left office that prohibited commercial logging, mining and other development on about 58 million acres of national forest in 38 states and Puerto Rico. A subsequent Bush administration rule had cleared the way for more commercial activity there.

The latest ruling, issued in San Francisco, sides with several Western states and environmental groups that sued the Forest Service after it reversed the so-called "Roadless Rule" in 2005.

But it is not the final word on roadless forests.

A separate case is pending in the 10th Circuit Court of Appeals, where environmental groups are appealing a Wyoming district court decision repealing the Clinton roadless rule.

"It's up and down like a yo-yo," said Tom Partin, president of the American Forest Resource Council, a timber industry group. "It seems to be bouncing from one court to the other."

The Obama administration cited that legal uncertainty this spring in ordering a one-year moratorium on most road-building in national forests.



Va. conviction overturned in Ga. woman's death
Breaking Legal News | 2009/08/05 08:32
An ex-Navy SEAL trainee had his murder and abduction convictions overturned Tuesday after spending 13 years in prison for killing a Georgia college student who was vacationing in Virginia.

A divided Virginia Court of Appeals panel granted Dustin Turner's request for a writ of actual innocence, vacating his conviction of murder and abduction with intent to defile in the 1995 death of 21-year-old Emory University student Jennifer Evans.

Turner is the first person in Virginia to get a murder conviction overturned under a 2004 law that allows nonbiological evidence of innocence to be considered more than 21 days after sentencing.

Turner, 34, of Bloomington, Ind., is serving an 82-year sentence for killing Evans in his parked car outside a Virginia Beach nightclub in 1995. Another trainee, Billy Joe Brown, changed his story to say that he alone killed Evans.

"While Turner's conduct creates a suspicion of guilt, the evidence, viewed in the context of Brown's recantation, cannot support findings of guilt beyond a reasonable doubt," the ruling stated.

The Attorney General's Office has two weeks to ask for the full court to make a decision or a month to appeal the ruling to the Virginia Supreme Court. If the attorney general does not protest the ruling, Turner would be released from Powhatan Correctional Center.

Turner's attorney and mother said they were cautiously optimistic about Tuesday's ruling.

"We're very pleased, and we like our chances moving forward, but at this point we're not exactly sure what forward will be," Turner's attorney David Hargett said.

David Clementson, a spokesman for the attorney general's office, said only that officials there are reviewing the opinion.



Pa. high court: Save records of judicial scandal
Court Watch | 2009/08/05 08:31
The state Supreme Court bowed to pressure and abandoned its plan to destroy the records of thousands of juveniles who appeared before a corrupt judge between 2003 and 2008.

In a letter made public Monday, the high court said it now supports the preservation of as many as 6,500 juvenile court records that contain evidence of the scandal in northeastern Pennsylvania.

The court's decision will make it easier for youths to pursue federal claims against former Luzerne County Judge Mark Ciavarella, who was charged earlier this year with taking millions of dollars in kickbacks to put juvenile offenders in privately owned detention centers.

The records' preservation will "ensure that the whole story of what we think is probably the largest judicial corruption scandal in the history of the country to be told and to be understood," said Marsha Levick, legal director of the Philadelphia-based Juvenile Law Center, which represents some of the youths.

The Supreme Court's reversal apparently puts an end to a dispute in which Levick and other attorneys had accused the justices of sabotaging plaintiffs' ability to recover damages from Ciavarella in federal court.

About 400 individuals ranging from their teens to their early 20s have sued Ciavarella, claiming he ran a kangaroo court in which he systemically denied them their constitutional rights, including the right to counsel and the right to intelligently enter a plea. Other defendants include former Luzerne County Judge Michael Conahan and Luzerne County taxpayers.



Cooper-Standard files for bankruptcy protection
Bankruptcy | 2009/08/03 08:25

Automotive parts maker Cooper-Standard Holdings Inc filed for Chapter 11 bankruptcy protection on Monday, saying it could not repay its debt amid a drop in U.S. auto sales.

The maker of auto body sealing systems and fluid handling systems said it had outstanding debt of about $1.17 billion.

"As a result of the severe downturn in the automotive industry and the accompanying decrease in production volumes, the company is overleveraged," Cooper-Standard said in court filings.

Cooper-Standard has received a commitment for $175 million in debtor-in-possession financing, which will help fund operations while it restructures in bankruptcy court. The Novi, Michigan, company has a commitment for an additional $25 million in the form of a standby uncommitted single-draw term loan facility.

The financing is subject to court approval.

Cooper-Standard, which employs about 16,000 worldwide, makes door, body and sunroof seals, as well as systems that move fuel and brake fluid throughout a vehicle.



Lawyers emerge as the winner in Ford settlement
Court Watch | 2009/08/03 08:19
The lawyers were paid millions of dollars. Ford Motor Co. put behind it a costly lawsuit connected to the Explorer rollover scandal of the 1990s. And the judge closed out a complex case that clogged the Sacramento County Superior Court's overburdened calendar for more than seven years.

Everyone seemingly got some tangible benefit — except for nearly all of the 1 million consumers covered by the class action lawsuit filed in their name. None of the consumers got money, only discount coupons toward new Ford purchases. Few used them.

The practice of settling class action lawsuits by doling out discount coupons rather than cash has come under fire from tort reform activists and others who complain that such lawsuits mainly benefit the lawyers — and even the companies being sued — at the expense of their clients.

Sacramento County Superior Court Judge David De Alba authorized the settlement of a class action that lawyers argued could be worth as much as $500 million to people who owned Ford Explorers during the 1990s.

In exchange for dropping the lawsuit that alleged rollover problems unfairly diminished the resale value of Explorers, Ford customers could receive a $500 discount coupon toward the purchase of a new SUV or a $300 coupon to buy another Ford vehicle. Consumers had until April 29, 2008 to apply for the coupons.

De Alba awarded the lawyers $25 million in fees and expenses after presiding over a 50-day trial without a jury in 2007. The case settled before the judge reached a verdict.



Nevada Supreme Court to weigh OJ release on appeal
Breaking Legal News | 2009/08/03 08:18
Lawyers for O.J. Simpson and a former golfing buddy hope to persuade a Nevada Supreme Court panel to spring the two men from prison while the justices review their convictions in a gunpoint hotel room heist.

Simpson and convicted co-defendant Clarence "C.J." Stewart won't be in a Las Vegas courtroom Monday for the 30-minute sessions allotted to their lawyers before a trio of justices from the state's only appellate court. Clark County District Attorney David Roger, who prosecuted the pair, will argue against release.

The justices won't make an immediate decision, but it is rare for the state high court to hear oral arguments on bond and even more rare to grant release.

Simpson, 62, is serving nine to 33 years for kidnapping and assault with a deadly weapon in the September 2007 confrontation with two sports memorabilia dealers in a Las Vegas casino hotel room. Stewart, 55, is serving 7 1/2 to 27 years.

Simpson lawyer Yale Galanter has said Simpson won't flee if he's released, poses no danger to the community and will comply with any conditions the high court sets.

"C.J. is hopeful the court will take a look at the record and see that there are multiple issues on appeal that should get him a new trial," said Stewart's lawyer, Brent Bryson.

Bryson argues that Stewart, a former mortgage broker from North Las Vegas, should have been tried separately from Simpson, an NFL Hall-of-Famer, television star and celebrity criminal defendant acquitted in the 1994 slaying of his ex-wife, Nicole Brown Simpson, and her friend, Ron Goldman, in Los Angeles.

Galanter and Bryson said a favorable ruling from the court would signal how justices feel about their overall appeals, which are unlikely to be decided for at least a year.



Jobless NYC woman sues college for $70K in tuition
Court Watch | 2009/08/03 03:19
A New York City woman who says she can't find a job is suing the college where she earned a bachelor's degree.

Trina Thompson filed a lawsuit last week against Monroe College in Bronx Supreme Court. The 27-year-old is seeking the $70,000 she spent on tuition.

Thompson says she's been unable to find gainful employment since she received her information technology degree in April.

She says the Bronx school's Office of Career Advancement hasn't provided her with the leads and career advice it promises.

Monroe College spokesman Gary Axelbank says Thompson's lawsuit is completely without merit.

The college insists it helps its graduates find jobs.



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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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