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White House: Cheney Is Going to Mideast
Politics | 2008/03/10 06:06
President Bush is dispatching Vice President Dick Cheney to the Middle East to help hold together fragile negotiations between Israelis and Palestinians, the latest move in the administration's push for a peace deal before Bush leaves office.

Cheney departs Sunday for a trip to Oman, Saudi Arabia, Israel, the West Bank and Turkey. Oil is also on his agenda, as the White House — coping with high energy prices that have socked American consumers — continues to push for greater oil production in the Mideast.

The White House announced the trip Monday. "This is the president continuing to show the commitment that he has to the region," said White House press secretary Dana Perino.

The vice president's visit comes on the heels of a brief troubleshooting mission to the Mideast by Secretary of State Condoleezza Rice. She was able to pressure the moderate Palestinian leadership to resume peace talks with Israel, which broke off after a deadly Israeli military incursion into Gaza.



Have You Signed Away Your Right To Sue?
Legal Spotlight | 2008/03/10 05:58

Fonza Luke had worked as a nurse for Baptist Health System's Princeton Medical Center in Birmingham, Alabama, for 26 years when the human resources department summoned her to a meeting about a new "dispute resolution program." Nurses, housekeepers, and lab techs crammed into a conference room where hospital administrators presented a form and told them to sign. Signing meant agreeing to submit any future employment-related complaints to an arbitrator hired by the hospital and waiving the right to sue in court. Refusing to sign meant they'd be fired.

Luke had known the arbitration agreement was coming, and she didn't like the idea one bit—"I just think it's unfair to be made to do something like that," she says. Sobefore going to the conference room, she slipped away to a pay phone and called her lawyer. He said, "Don't sign it. You'll be signing your rights away," she recalls. Luke turned in the form without a signature in quiet protest. A few weeks later, the hospital again ordered her to sign, and again she refused. Despite repeated threats, the hospital didn't fire her, at least not then.

Three years later, Luke traveled to Atlanta for a continuing-education class recommended by her coworkers. When she returned, the hospital fired her for "insubordination" because she had been cleared to take just one day off, not two. For 30 years, Luke had been an exemplary employee. Her personnel file was full of praise for her performance; a review three weeks before the firing called her a "role model." Many of the younger, white nurses Luke worked with had taken unapproved leave, she observed, and kept their jobs. So Luke filed a race and age discrimination complaint with the federal Equal Employment Opportunity Commission (eeoc), which conducted a lengthy investigation, upheld her complaint, and recommended that Luke file a civil rights suit in federal court, which she did in 2003.

That's when the surprise came: Baptist Health argued that Luke had given up her right to sue back in 1997 when the hospital presented the arbitration agreement—even though she'd refused to sign. Simply by continuing to show up for work, Baptist's lawyers said, she'd agreed to the terms. Acting contrary to established contract law, which requires both parties to consent to a contract before it becomes binding, a federal judge accepted the hospital's argument. Luke was forced to take her civil rights case before Baptist's hired arbitrator, who dismissed it in short order. She had no right to appeal. She'd lost not only her job but, because she hadn't yet reached retirement age, part of the pension she'd worked toward for most of her adult life. Now Luke works night shifts at two health care facilities to make up her lost salary.




Santeria priest's case will go to U.S. court today
Law Center | 2008/03/10 03:49
A federal judge will hear arguments today about whether Euless' ban on cruelty to animals infringes upon religious freedom. Jose Merced, a priest in the Santeria religion, has sued Euless, saying the city is infringing on his religious liberties by forbidding him to sacrifice goats and other animals during ceremonies.

Euless officials say the sacrifices would violate ordinances against animal cruelty, keeping livestock and disposal of animal waste.

The background

In May 2006, Merced and 10 other church members were at his house a day before a planned ceremony when a Euless police officer and an animal control officer knocked on his door.

A resident had tipped off police that Merced, president of Templo Yoruba Omo Orisha Texas, and his group would sacrifice goats, according to police reports and court documents.

The officer did not see any goats, and Merced said he would not sacrifice any animals.

A month later, Merced and a priest from Puerto Rico met with Euless officials, who told him that the city would not issue a permit for their ceremonies. Merced sued in December 2006.

In 2007, the city offered Merced a compromise to help settle the lawsuit -- he could kill chickens, which city law allows, but not goats. The city would still enforce its animal cruelty ordinance and its ban against killing livestock. Merced declined.



Microsoft filing in 'junk PC' lawsuit is full of holes
Venture Business News | 2008/03/10 02:03

Microsoft's attempt to get a judge to throw out the Vista "junk PC" suit shows off every aspect of the lawyer's art: It's misleading, factually incorrect, and stresses legalisms over common sense. It also flatly contradicts emails from Microsoft officials. Here are the details, including excerpts from Microsoft's filing.

The latest filing is part of the lawsuit against Microsoft for a marketing scheme in which people claim that Microsoft misled consumers into buying the Windows Vista Capable PCs, even though the PCs couldn't run the most important features of Vista.

As Computerworld reports, Microsoft asked on Friday that the judge suspend the suit while Microsoft appeals the decision to allow the class-action suit to go forward. Microsoft filed a variety of legal papers backing up its requests.

One of the more outrageous and amusing claims from Microsoft in these papers is that everyone at the time of the release of Windows Vista knew that Vista Capable PCs couldn't run most of the important features of Vista, including Aero.



Suit certified as class action
Class Action | 2008/03/10 01:05


Christy Toler of Jeff Davis County was struck by a car March 7, 2005, and sought treatment at the Brown Arrowhead Chiropractic Clinic in Brunswick.

Before she arrived at the clinic, she was met by a paralegal for attorney John E. King and signed a contract for representation.

Those were the basic elements included in a 2006 suit filed by Toler and three Savannahians against Arrowhead Clinic, King and several others.

Now Chatham County State Court Judge Hermann Coolidge has certified the case as a class action.

That means attorneys for Toler and the others named in the original suit can pursue a class of others who fit similar experiences.

The class, which will include plaintiffs statewide, could number as many as 3,500 individuals, said Stanley Karsman, one of several defense lawyers in the case.

That would include anyone in similar circumstances to Toler between Jan. 1, 2004, and Monday, the date of the order.

Coolidge directed the parties in the case to confer and submit a proposed notice to class members within 30 days.

Class certifications in Georgia may be appealed directly to the state Court of Appeals, said attorney Patrick O'Connor, one of several defense lawyers in the case.

O'Connor said he will appeal Coolidge's ruling, an action that could take "from a few months to as much as a year" for the appeals court to rule.

The original suit, filed by Karsman and attorneys Brent Savage and Steven Scheer, contended the defendants used their chiropractic centers to encourage incoming accident victims to use King to handle legal aspects of their accident claims.

They made no disclosure of any relationship between the defendants, the suit alleged.

The suit did not specify a damage sum.

The typical arrangement was for the patient, King and the clinic to each receive one-third of any money recovered from insurance companies, the suit contended.

In addition to Arrowhead clinics in Savannah and Brunswick and King and/or John E. King and Associates, defendants include Arrowhead Management Inc.; H. Brown Management Co.; Harry W. Brown, a chiropractor and sole owner of Arrowhead Management Inc.; and Harry W. Brown Jr.

It alleged professional negligence, fraud, negligence and breach of trust duties to the plaintiffs.

According to the suit, the defendants placed a profit motive "over and above the interest of the patient."

They also are accused of engaging in "unauthorized disclosure of private information and ... the over-utilization of chiropractic services."



Sharp drop in jobs suggests US economy in recession
Business | 2008/03/09 09:07
Dangerous cracks in the nation's job market are deepening. Employers slashed jobs by the largest amount in five years and hundreds of thousands of people dropped out of the labor force — ominous signs that the country is falling toward a recession or has already toppled into one.

For the second straight month, nervous employers got rid of jobs nationwide. In February, they sliced payrolls by 63,000, even deeper than the 22,000 cut in January, the Labor Department reported Friday.

The grim snapshot of the country's employment climate underscored the heavy toll the housing and credit debacles are taking on companies, jobseekers and the economy as a whole.

"It sounds like the recession bell is ringing for the U.S. economy, although it is still faint," said Stuart Hoffman, chief economist at PNC Financial Services Group.



US court dismisses suit on Barr's Plan B pill
Legal Business | 2008/03/09 09:00

A federal judge on Tuesday dismissed a lawsuit seeking to halt sales of the only "morning-after" contraceptive pill available in the United States without a prescription.

The suit was filed against U.S. health regulators over their decision to allow non-prescription sales of Barr Pharmaceuticals Inc's Plan B pill.

The U.S. Food and Drug Administration and Barr were sued by the Association of American Physicians and Surgeons and other groups seeking to overturn the FDA decision.

The pill can reduce the risk of pregnancy when taken within three days of intercourse.

The U.S. District Court for the District of Columbia granted the FDA's and Barr's motion to dismiss the suit, saying the plaintiffs had failed "to identify a single individual who has been harmed by Plan B's OTC (over-the-counter) availability," according to the ruling.

Backers of reproductive rights applauded the decision.

"They still don't have any evidence in terms of why they think it is harmful," said Janet Crepps, deputy director for domestic programs at the Center for Reproductive Rights. "This is the right decision for women."

Plan B was approved in 1999. The FDA broadened the approval in 2006 to allow sale to adults without a prescription.

The pills must be kept behind pharmacy counters and can be sold to girls under the age of 18 years only with a doctor's order.



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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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