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Minn. court declares Franken leading vote-getter
Breaking Legal News |
2009/04/14 08:32
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A Minnesota court confirmed Monday that Democrat Al Franken won the most votes in his 2008 Senate race against Republican Norm Coleman, who immediately announced plans to appeal the decision.
Coleman has 10 days to appeal to the state Supreme Court. Once the petition is filed, it could further delay the seating of Minnesota's second senator for weeks.
"It's time that Minnesota like every other state have two" senators, a jovial Franken said outside his Minneapolis townhouse with his wife Franni at his side. "I would call on Senator Coleman to allow me to get to work for the people of Minnesota as soon as possible." After a statewide recount and seven-week trial, Franken stands 312 votes ahead. He gained more votes from the election challenge than Coleman, the candidate who brought the legal action. The state law under which Coleman sued required three judges to determine who got the most votes and is therefore entitled to an election certificate, which is now on hold pending an appeal. "The overwhelming weight of the evidence indicates that the November 4, 2008, election was conducted fairly, impartially and accurately," the judges wrote. "There is no evidence of a systematic problem of disenfranchisement in the state's election system, including in its absentee-balloting procedures." |
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Davis Polk Recruits Ex-SEC Aide
Legal Careers News |
2009/04/13 06:03
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Law firm Davis Polk & Wardwell recruited the Securities and Exchange Commission's former enforcement chief and another former high-level government lawyer to join its white-collar defense group, part of an effort to expand its Washington practice.
Linda Chatman Thomsen, who left the SEC earlier this year, and Raul Yanes, former staff secretary to President George W. Bush, are joining the law firm as partners.
Both had worked at Davis Polk in New York before joining the government. The duo will be the first litigators in the 11-person Washington office in years. Former SEC Commissioner Annette Nazareth and Robert Colby, a former deputy director of the SEC's trading and markets division, also recently joined the firm's Washington office to focus on financial regulatory issues. Davis Polk clients, including large financial institutions, are closely entangled with the government as it has pumped billions of dollars into financial rescue plans. Congress is studying new regulation of financial markets. |
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18-month sentence sought for SKorean blogger
International |
2009/04/13 03:59
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Prosecutors demanded an 18-month sentence Monday for a popular South Korean blogger who is accused of spreading false financial information in a case that has ignited a debate about freedom of speech in cyberspace.
The 30-year-old blogger, a fierce critic of government economic policy, was arrested and indicted in January after he wrote that the government had banned major financial institutions and trade businesses from buying U.S. dollars.
Prosecutors have said the posting was not only inaccurate, but it had affected the foreign exchange market and undermined the nation's credibility. But opposition parties and critics have claimed the arrest is aimed at silencing criticism of the government and restricts online freedom of speech. Seoul District Court spokesman Kwon Tae-young said prosecutors demanded 18 months in prison for the blogger, identified as Park Dae-sung, and the court is scheduled to deliver a verdict on April 20. The charge carries up to five years in prison or a fine of up to 50 million won ($38,000). The blogger, known by his pen name "Minerva" after the Greek goddess of wisdom, had rocketed to fame after some of his predictions, including the collapse of U.S. investment bank Lehman Brothers, proved to be correct. |
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Tainted Chinese drywall shows up in Katrina homes
Consumer Rights |
2009/04/13 02:00
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Thomas Stone and his wife rebuilt after their home was flooded by six feet of water during Hurricane Katrina, never dreaming they would face the agony of tearing it apart all over again.
They tapped Lauren Stone's 401(k) retirement savings and saved $1,000 by installing Chinese-made drywall throughout their two-story home. Now the Stones are among hundreds of Katrina victims facing another, this time unnatural, disaster.
Sulfur-emitting wallboard from China is wreaking havoc in homes, charring electrical wires, eating away at jewelry, silverware and other valuables, and possibly even sickening families. "The bathroom upstairs has a corroded shower-head, the door hinges are rusting out," said 50-year-old Thomas Stone, the longtime fire chief of St. Bernard Parish, outside New Orleans. And then there's the stench, like rotten eggs, that seems to get worse with the heat and humidity. "It makes me wish there would be another flood to wash it out," said his wife Lauren, 49. Chinese manufacturers flooded the U.S. market with more than 500 million pounds of drywall around the same time Katrina was flooding New Orleans, an Associated Press review of shipping records has found. |
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Man jailed for dodging child support for 14 kids
Criminal Law |
2009/04/12 08:00
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Authorities in Michigan say a man fathered 14 children with 13 different women and owes more than $530,000 in unpaid child support.
The Flint Journal reports 42-year-old Thomas Frazier was jailed Thursday. Court records say he hasn't made a support payment in six years.
The newspaper says the unemployed man could be held for 90 days if he doesn't pay $27,900. Frazier says he thinks he fathered only three of the children and that it's unrealistic for authorities to expect him to pay child support that was $3,000 a month at one point. Frazier remains held at the Genesee County Jail. It wasn't immediately clear if he had a lawyer who could speak for him. |
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Differing views in GOP on voting rights case
Politics |
2009/04/12 07:59
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The GOP's struggle over its future and the party's fitful steps to attract minorities are on full display in the differing responses of Republican governors to a major Supreme Court case on voting rights.
The court will hear arguments April 29 about whether federal oversight of election procedures should continue in 16 states, mainly in the South, with a history of preventing blacks, Hispanics and other minorities from voting.
In 2006, as Republicans sought to improve their standing with minorities in advance of congressional elections, the GOP-controlled Congress extended for 25 years the Voting Rights Act provision that says the Justice Department must approve any changes in how elections are conducted. Republican President George W. Bush signed the extension into law. But some Republicans said the extension was not merited and that some states were being punished for their racist past. A legal challenge has made its way to the high court. GOP Govs. Sonny Perdue of Georgia and Bob Riley of Alabama have asserted in court filings that the continued obligation of their states to get advance approval for all changes involving elections is unnecessary and expensive in view of significant progress they have made to overcome blatant and often brutal discrimination against blacks. Perdue pointed out that President Barack Obama did better in Georgia than did Democratic nominees John Kerry in 2004 and Al Gore in 2000. |
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Michigan insurance rate court fight continues
Insurance |
2009/04/11 08:01
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A Barry County judge has ruled that Michigan regulators must stop their practice of denying auto and home insurance rate filings that are based in part on credit scoring.
Friday's ruling by Circuit Judge James Fisher is a victory for the insurance industry in an ongoing dispute with the Michigan Office of Financial and Insurance Regulation. But it may just be temporary because the overall case likely is headed to the Michigan Supreme Court. Gov. Jennifer Granholm's administration implemented rules to ban the use of credit scores in rate setting in 2005. Insurance companies sued to keep those rules from taking effect. Insurers and regulators have been fighting in court since.
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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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