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JC law firm, state reach pension suit settlement
Legal Business | 2008/06/19 11:15
A Johnson City law firm will pay $100,000 to the state and has agreed to help authorities in their probe of the firm's founder, John Hogan, to end an investigation by Attorney General Andrew Cuomo into whether lawyers were inappropriately receiving state pensions.

While agreeing to the settlement, the firm of Hogan, Sarzynski, Lynch, Surowka & DeWind LLP denied any impropriety.

Cuomo announced settlements Wednesday with the local firm and an Albany firm over private attorneys who were listed as school employees in order to receive public pensions and other benefits.

Overall, the deal includes a $600,000 settlement with Hogan, Sarzynski, as well as the Albany firm of Girvin & Ferlazzo. Cuomo said the settlement is the largest he has reached with private attorneys in his ongoing probe.



Court puts limits on mentally ill defendants
Court Watch | 2008/06/19 10:24
The Supreme Court ruled Thursday that criminal defendants with a history of mental illness do not always have the right to represent themselves, even if they have been judged competent to stand trial.

The justices, by a 7-2 vote, said states can give trial judges discretion to prevent someone from acting as his own lawyer if they are concerned that the trial could turn into a farce.

The decision comes in the case of an Indiana man who was convicted of attempted murder and other charges in 2005 for a shooting six years earlier at an Indianapolis department store.

Ahmad Edwards was initially found to be schizophrenic and suffering from delusions and spent most of the five years after the shooting in state psychiatric facilities. But by 2005, he was judged competent to stand trial.

Edwards asked to represent himself. A judge denied the request because he was concerned that Edwards' trial would not be fair. Edwards, represented by a lawyer, was convicted anyway and sentenced to 30 years in prison.

He appealed, and Indiana courts agreed that his right to represent himself had been violated, citing a U.S. high court decision from 1993. The courts overturned his conviction and ordered a new trial.



High court rules for workers in age bias suit
Law Center | 2008/06/19 09:24
The Supreme Court made it easier Thursday for employees to prove they have suffered discrimination because of their age.

In a 7-1 ruling, the court said that when older workers are disproportionately affected by an employment decision, the employer bears the burden of explaining whether there was a reasonable explanation other than age for the company's action.

The case involves workers over 40 who challenged their dismissals from jobs at the Knolls Atomic Power Laboratory in upstate New York.

Thirty of the 31 workers laid off by the lab in 1996 were over 40. Twenty-six of those employees sued Knolls claiming that the layoffs violated the federal Age Discrimination in Employment Act.

Justice David Souter acknowledged, in his majority opinion, that the decision "makes it harder and costlier to defend" age discrimination lawsuits. But Souter said, "We have to read it the way Congress wrote it."



$75M settlement meant to punish Milberg law firm
Legal Business | 2008/06/18 09:08
The Milberg law firm has admitted former partners paid about $11.3 million in kickbacks to professional plaintiffs in class-action cases that brought it roughly $239 million in legal fees, the U.S. attorney's office said.

The admission came as part of a $75 million settlement in a case involving more than 165 lawsuits filed against some of the nation's largest corporations from the 1970s through 2005, prosecutors said in a statement released late Monday.

Then known as Milberg Weiss, the firm dominated the field of securities class-action lawsuits involving shareholders who claim they suffered losses because executives misled them about a company's financial condition. Milberg's lawsuits targeted AT&T Inc., Lucent, WorldCom, Microsoft Corp., Prudential Insurance and other companies.

As part of the settlement, prosecutors will not pursue criminal charges against Milberg, which has retained a compliance monitor.

U.S. Attorney Thomas P. O'Brien said the settlement reflects the seriousness of what was probably the longest-running scheme ever conducted by a law firm.

"The monetary payment will punish the firm for allowing this conduct to occur, and the compliance monitor should ensure that Milberg will not again lie to judges presiding over cases it is litigating." O'Brien said.

The deal was initially disclosed Monday by Sanford Dumain, a member of Milberg's executive committee. If the criminal case had gone forward, the firm risked having to pay forfeitures and penalties of hundreds of millions of dollars, he said.

The firm was charged with aiding and abetting mail fraud and with money-laundering conspiracy. A trial had been expected to start in August.

A seven-year investigation has resulted in guilty pleas by three former partners.



Texas court orders execution warrant reinstated
Breaking Legal News | 2008/06/18 09:05
A former topless-club bouncer condemned for a double slaying almost 20 years ago is waiting in a Texas cell not far from the death chamber as his appeals play out in the courts.

Charles Dean Hood initially won a reprieve just over an hour before he could have been put to death Tuesday when a state district judge withdrew his execution warrant. But an appeals court reinstated the warrant, saying the judge didn't have permission to spare Hood from lethal injection.

The warrant is scheduled to expire at midnight. The U.S. Supreme Court has denied three other appeals, likely clearing the way for Hood's execution.

Meanwhile, Oklahoma has executed its first death row inmate since last August.



Court grants Routier limited DNA testing
Court Watch | 2008/06/18 05:07
Darlie Routier, the Rowlett mother sent to death row after the 1996 stabbing deaths of her two young sons, has been granted a chance to prove her innocence through DNA testing.

The Texas Court of Criminal Appeals on Wednesday ruled that Routier should be allowed to conduct DNA testing on blood stains, flakes of dried blood and hairs found at the crime scene.

Routier's previously appeals to the court had been denied, but state law allows for post-conviction DNA testing in some cases. Routier has maintained that she is innocent of the murders.

Routier was accused in the slayings of the young boys, Damon and Devon, but was only tried and convicted in the death of Damon. She has maintained that an intruder at the family's home killed them.



German court rules fear or letters is no excuse
International | 2008/06/18 05:06
A German court has ruled against a woman who claimed a phobia of official letters in her appeal of authorities' decision to cut off child support benefits.

The court in western Rhineland-Palatinate state said Wednesday that the woman was sent a letter in May 2007 asking that she supply evidence to support continued payments for her daughter.

After she failed to respond, she was notified in July 2007 that the money was being cut off and given a month to appeal. Only in September did she reply and supply the requested documents, telling authorities — who threw out her appeal because it was too late — that she had a phobia of official correspondence.

The woman, who was not identified by the court, said "she had already suffered many financial disadvantages" as a result of leaving mail lying around or throwing it out, a court statement said.

It added that she sought to justify her actions by saying that "she was and still is petrified of the contents of official letters." She said she had long considered seeking psychological treatment, but had been too ashamed to follow through.

The court rejected the woman's case, saying it was a long-term problem, she would have had plenty of time to seek help from her daughter or others.



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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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