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Appeals court to consider slur in Jayson Williams case
Breaking Legal News | 2008/05/14 07:04
The manslaughter case against former New Jersey Nets star Jayson Williams returns to court.

Attorneys for Williams are scheduled to argue in front of a three-judge panel on Wednesday that prosecutors must divulge all details about a racial slur used by an investigator in the case.

The dispute over the slur postponed Williams' retrial for reckless manslaughter, which was to have begun in January.

The 40-year-old Williams was convicted in 2004 of trying to cover up the shooting death of hired driver Costas Christofi two years earlier. The jury acquitted him of aggravated manslaughter but deadlocked on the reckless manslaughter count. Williams has been free on bail since the shooting.



Man accused of handing pot to court security
Criminal Law | 2008/05/14 05:07
A man was arrested after pulling marijuana from his pocket at a security check at a court. The man was visiting the courts section of the Bradley County Justice Center on Monday when he was asked to empty his pockets into a plastic bowl, a standard procedure.

Sheriff Tim Gobble said the items he placed in the bowl included marijuana and rolling papers. When questioned, the man ran from the building, but officers captured him within minutes.

The man faces charges of having contraband in a penal institution and evading arrest.



Woman pleads guilty in Spitzer prostitution probe
Court Watch | 2008/05/14 05:07
A woman accused of booking clients for a prostitution ring has pleaded guilty in the federal probe that brought down former New York Gov. Eliot Spitzer.

Temeka Rachelle Lewis pleaded guilty Wednesday to promoting prostitution and money laundering. The 32-year-old is among four defendants in the case involving the Emperor's Club VIP call-girl ring.

Court papers say the FBI secretly recorded conversations between Lewis and Spitzer about a Feb. 13 tryst with a prostitute in Washington. The former governor is identified in the court papers as Client No. 9



Brodsky & Smith, LLC Announces Class Action Lawsuit
Class Action | 2008/05/14 02:10

Law offices of Brodsky & Smith, LLC announces that a class action lawsuit has been filed on behalf of all persons who purchased the common stock of Cbeyond, Inc. ("Cbeyond" or the "Company") (NASDAQ: CBEY) between November 1, 2007 and February 21, 2008 (the "Class Period"). The class action lawsuit was filed in the United States District Court for the Northern District of Georgia.

The Complaint alleges that defendants violated federal securities laws by issuing a series of material misrepresentations to the market, thereby artificially inflating the price of Cbeyond.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you are a Cbeyond shareholder you have certain rights. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice. If you want to discuss your legal rights, you may e-mail or call the law office of Brodsky & Smith, LLC who will, without obligation or cost to you, attempt to answer your questions. You may contact Evan J. Smith, Esquire or Marc L. Ackerman, Esquire at Brodsky & Smith, LLC, Two Bala Plaza, Suite 602, Bala Cynwyd, PA 19004, by e-mail at clients@brodsky-smith.com, or by calling toll free 877-LEGAL-90.



Former UBS banker charged in U.S. tax probe
Tax | 2008/05/14 01:11

A former UBS banker and an adviser from Liechtenstein have been charged with helping clients, including California real-estate billionaire Igor Olenicoff, avoid paying taxes, according to a published report.

Bradley Birkenfeld, who worked at UBS from 2001 to 2006, appeared in court Tuesday. He is alleged to have helped clients use secret bank accounts and file false tax returns, according to a report in The Wall Street Journal. See story in WSJ.com

The case could lead to other U.S. clients as Birkenfeld and Mario Staggl, who owns a trust company called New Haven Trust in Liechenstein, courted rich Americans, the newspaper reported.

The indictment against the pair doesn't mention UBS by name, referring only to a Swiss bank, according to the Journal.



Ohio man jailed because daughter didn't earn GED
Court Watch | 2008/05/13 09:11
A man ordered by a judge to make sure his daughter hit the books has found himself in jail because she failed to earn a high school equivalency diploma.

Brian Gegner, of Fairfield, was sentenced last week to 180 days in jail for contributing to the unruliness or delinquency of a minor.

He was ordered months ago to make sure his 18-year-old daughter Brittany Gegner, who has a history of truancy, received her GED — something that hasn't happened yet.

Brittany Gegner, who said Monday that she plans to take a required GED test this month, said her father shouldn't be blamed for her failure because she has been living with her mother.

"It was my wrongdoing, not his," said Brittany Gegner, whose fiance and 18-month-old daughter also live at her mother's home in nearby Hamilton. "He shouldn't have to go to jail for something I did."

Her mother agrees.

"Brittany is almost 19 years old now and I think it's unfair to put her father in jail," said Shana Roach. "She's an adult now, and it's not right to rip an innocent man from his home."

Butler County Juvenile Court administrator Rob Clevenger Jr. said Monday that the court still has jurisdiction in the case because Brittany Gegner was a juvenile when the truancy problems began and when the charge against Brian Gegner was filed in 2007.

A hearing on a motion filed by Brian Gegner's attorney to reconsider the sentence is scheduled for Friday. Messages seeking comment were not returned Monday at the offices of defense attorney Tamara Sack and the Butler County prosecutor.

Brian Gegner's wife, Stephanie Gegner, said she and her husband are afraid he will lose his job if he remains in jail. She said they tried to keep his daughter in school.

"You'd take her to school and she'd go out the other door," Stephanie Gegner said.



High court is blocked from case over investments
Law Center | 2008/05/13 09:10
The Supreme Court tossed itself off a big case Monday.

The court couldn't take up an apartheid dispute involving some of the nation's largest companies because too many of the justices had investments or other ties with those corporate giants.

It appeared to be the first time in at least a quarter-century that the justices' financial holdings prevented them from taking a case.

The result is that a lawsuit will go forward accusing dozens of corporations of violating international law by assisting South Africa's former apartheid government. The companies and the Bush administration had asked the court to intervene, arguing that the lawsuit was damaging international relations, threatening to hurt South Africa's economic development and punishing the companies using a fuzzy legal concept.

Four of the nine justices sat out the court's consideration of the case. Federal law calls for at least six to hear any case.

Short of the required number, the court took the only path available to it and upheld an appeals court ruling allowing the lawsuit to proceed.

Chief Justice John Roberts and Justices Samuel Alito, Stephen Breyer and Anthony Kennedy provided no explanation for their decision not to take part in the case.

But those justices have ties to Bank of America Corp., Bristol-Myers Squibb Co., Colgate-Palmolive Co., Credit Suisse, Exxon Mobil Corp., Hewlett-Packard Co., IBM and Nestle SA, among nearly three dozen companies that asked the high court to step in.



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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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