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Cop may plead guilty to bar beating
Court Watch | 2008/02/15 06:53

The burly Chicago cop whose alleged beating of a female bartender was caught on videotape -- might be ready to plead guilty, his lawyer said Wednesday.

But the alleged victim, Karolina Obrycka, told the Chicago Sun-Times she is still reeling from the attack. "I'm still afraid of big guys," she said.

Abbate, 39, is charged with the Feb. 19, 2007, beating of the 115-pound Obrycka at Jesse's Shortstop Inn on the Northwest Side. Abbate faces up to five years in prison.

"There is a possibility" Abbate will plead guilty, his lawyer Peter Hickey said. "How firm that possibility is, I really don't know.

"The judge is going to make an offer, and it's going to be up to Mr. Abbate to decide if he wants to take it."

Hickey signaled Abbate's interest by requesting a "402 conference," in which prosecutors, defense lawyers and a judge discuss a possible plea deal. After the request, Hickey, prosecutors and Judge John Fleming met for more than an hour.

Though Abbate could get probation, a source with knowledge of the case said any plea deal would involve jail time.

Before the conference, Abbate -- sporting a handlebar mustache -- sat in the back of the courtroom with Hickey signing papers. Hickey later asked Fleming to order a pre-sentence investigation. Abbate will appear in court again March 11.

According to a lawsuit filed by Obrycka, Abbate "erupted into a violent fit" after she refused to serve him because he seemed intoxicated. Security videotape caught Abbate beating Obrycka and gained worldwide attention last year after it was made public.

After the beating, Abbate allegedly threatened Obrycka and others through intermediaries to keep them quiet, prosecutors said. Abbate is charged with aggravated battery in a public place, official misconduct, conspiracy, intimidation, and communicating with a witness.

He has been suspended without pay, said police spokeswoman Monique Bond.

Obrycka said she trusts Fleming to impose the appropriate sentence. Her life has changed since the beating, she said, and last October, she got married. "I still have nightmares, but not as much because my husband is taking care of me," she said.





NJ Boy, 9, Found Guilty in Daycare Death
Court Watch | 2008/02/15 06:48
A 9-year-old boy accused in the beating death of a toddler at a day care center last summer has been found guilty of the juvenile equivalent of manslaughter.

The boy, identified only as "J.L.," was "adjudicated delinquent" and sentenced to 18 months probation. He must continue the counseling and therapy he is already undergoing, the Middlesex County Prosecutor's Office said Thursday night.

Prosecutors had sought to have the youth serve a three-year sentence at a juvenile facility, the maximum allowed under law.

The boy was originally charged with aggravated manslaughter in the Aug. 23 death of 11-month-old Tahir Francis of Carteret, who died from head injuries after being kicked at the Beverly Bryant Family Day Care facility in Woodbridge Township.

It is still not clear what provoked the attack.

Beverly Bryant, 64, who operated the licensed facility out of her home, was not in the room when the infant was kicked. Authorities have said Bryant was distracted by a phone call and other home chores.

The center was ordered closed and Bryant was charged with child endangerment. She has pleaded not guilty.



British Airways & Virgin settle class action suit
World Business News | 2008/02/15 03:57

British Airways and Virgin Atlantic have agreed to pay out a total of £102m to customers who were overcharged by the airlines between August 2004 and March 2006.

The airlines have agreed to a settlement with class action specialists Cohen Milstein Hausfield & Toll in a deal that now has to be ratified by the US courts.

Ripped-off customers who paid over the odds for fuel surcharges will be able to claim back between £1 and £11.50 per long-haul flight from British Airways and between £2 and £10 from Virgin.

Last year British Airways was fined £270m by UK and US competitions authorities for price fixing collusion while Virgin, though admitting complicity in the price fixing, escaped a fine after blowing the whistle on the practice.

A senior partner at Cohen Milstein said: “Customers in the UK should claim back what was unlawfully taken from them in order to demonstrate that such behaviour is unacceptable.”



Office Romances & The Law
Practice Focuses | 2008/02/15 03:56

Recently, on the American version of the TV show “The Office,” two of the main characters — Jim and Pam — confess to their co-workers that they’ve become romantically involved. In the spirit of openness and responsibility, the couple goes to the head of human resources, Toby, to ask whether they need to sign something attesting to their relationship. Toby (Paul Lieberstein), who also has a thing for Pam, tells them that won’t be necessary.

With Valentines Day upon us, we found ourselves asking: What would’ve happened if Jim and Pam were lawyers? Would they have insisted on signing a love contract to establish their rights and remedies in the event of a break-up? If Jim and Pam were both hard-working associates, would their relationship be more susceptible to trouble?

To work through these relationship issues — and the law that governs them — we caught up with Ashley Brightwell, a partner at Alston & Bird in Atlanta. Brightwell, who focuses on employment litigation, filled us in on the rise of love contracts, the phenomenon of lawyers who date lawyers and best practices for conducting a firm romance.

Hi Ashley. Thanks for chatting. So you’re a specialist on office romances. Talk about that a bit.

I do a lot of sexual harassment cases, mostly defending the company. Of sex harassment cases, I’d say a third stem from something that arguably began as a consensual relationship – either formal dating, or an affair — and then morphs into a bad break-up or something that’s no longer consensual. Or, just something as simple as inter-office flirtation where one party thought it was mutual, and the other party either never thought it was, or things progressed into it becoming unwelcome.

What are “love contracts”?

It used to be that many companies had strict prohibitions on office romances. Then they recognized that wasn’t going to work, and that no matter what the policies were, employees were going to get involved. That’s when the idea of a love contract came along. It’s a tool that employers use to protect themselves when an office romance goes sour. It’s a document that confirms that a relationship is voluntary and informs the parties of the company’s sexual harassment policies. It sets out a procedure if, at any point, the relationship goes south.

Let’s focus on law firms. We’ve heard a lot about the concept of “firm boyfriends” and “firm girlfriends.” Not romances, but the kinds of close relationships that develop between lawyers who spend more time with each other than they do with their families. Do a lot of law firm affairs begin like that?

I don’t have hard stats to back this up, but the number of affairs in law firms and romances that end up in marriage seem to be greater than in the general population. In large part, it’s because you’ve got a lot of people who are close in age, doing the same work, working alongside each other and putting in long hours. It’s inevitable, in those circumstances, that you’re going to have a lot of office romances.

What are the major pitfalls for lawyers who date lawyers? Take a partner dating an associate, for example.

I think when you’ve got a partner and an associate you’ve got two big issues. First is the fact that a partner can control the associate. Whether the relationship is going great or whether it goes south, the partner can really affect the person’s employment – in terms of the work they get, their reviews, and possibly even their salaries. The other issue is this: the perception among other associates and partners. For instance, if a female associate is getting great benefits because of a relationship it can result in hostile work environment claims from those outside the relationship.

Let’s try a hypothetical. I’m a sleep-deprived second-year associate who can’t find much time to socialize outside of work. One day I come running into your office, jump up and down on your couch, and confess that — on a firm-sponsored booze cruise — I fell in love with a summer associate. Advise me.

First you look and see what your firm’s policies say. If relationships are permissible in your organization, then there shouldn’t be a problem as far as HR or management are concerned. But I’d still advise informing someone higher up that it’s going on. And if that summer decides to become a lawyer at your firm, I’d take whatever steps I could to make sure you’re not working with that person. I’d avoid day-to-day interaction.

But I don’t need to fight my feelings, right?

Well, firms and companies are recognizing that if you have a policy against office romances, it’s just going to be broken. So they’re dealing with them in different ways – whether you call it a love contract or something less cheesy. So often I see things go bad, and then one person comes in and says it was never consensual to begin with. Typically, that person can produce a big stack of emails which look quite bad. But you can prevent a lot with a love contract in which the parties agree it’s voluntary.



Former Hill Aide Guilty on Porn Charge
Court Watch | 2008/02/15 03:50
A former aide to Sen. Maria Cantwell, D-Wash., pleaded guilty Thursday to a federal child pornography charge.

James Michael McHaney of Washington, D.C., faces up to 10 years in prison after his felony conviction. He was fired from his job as a scheduler for Cantwell after his arrest last year. Earlier, he had worked for the 2004 presidential campaigns of Democrats Dick Gephardt and John Kerry.

Prosecutors say McHaney, 28, tried to arrange a sexual encounter with a 13-year-old boy last November. Police later found child pornography in his car and home.

He was initially charged with attempting to sexually exploit a minor, but pleaded guilty to a reduced charge of possession of child pornography. Prosecutors said he had more than 1,000 images of child pornography, as well as videos and DVDs portraying children as young as three engaged in sexual conduct.

McHaney's lawyer, Thomas Abbenante, called the case "a very tragic situation" for McHaney and his family. McHaney's parents were in court Thursday as U.S. District Judge Thomas Hogan approved the plea agreement.

The parents declined to comment, as did Assistant U.S. Attorney Jean Sexton, who prosecuted the case.



Suspect Named in N. Illinois Slayings
Criminal Law | 2008/02/15 03:47
The gunman who killed six people in a Northern Illinois University lecture hall before committing suicide was identified Friday as 27-year-old former student Steven Kazmierczak, according to Florida authorities and a university official familiar with the investigation.

Polk County, Fla., sheriff's officials said they were asked to speak with "the father of the shooting suspect" — Robert Kazmierczak of Lakeland, Fla.

The gunman is the younger Kazmierczak, a university official told The Associated Press on condition of anonymity because the identity has not been released by police.

The motive of the killer, who graduated from NIU in 2006, was still not known as the investigation unfolded Friday, officials said. The gunman also wounded 15 people in Thursday's attack, which sent panicked students fleeing for the exits.

"There is no note or threat that I know of," NIU President John Peters said on Friday ABC's "Good Morning America." "By all accounts that we can tell right now (he) was a very good student that the professors thought well of."

DeKalb County Coroner Dennis J. Miller released the identities of the four victims who died in his county: Daniel Parmenter, 20, of Westchester; Catalina Garcia, 20, of Cicero; Ryanne Mace, 19, of Carpentersville; and Julianna Gehant, 32, of Meridan.

Two other victims died after being transferred to hospitals in other counties, Miller said. Winnebago County Coroner Sue Fiduccia said a female victim died in her jurisdiction but has not been identified pending notification of family.

Witnesses said the gunman, dressed in black and wearing a stocking cap, emerged from behind a screen on the stage of 200-seat Cole Hall and opened fire just as the class was about to end around 3 p.m. Officials said 162 students were registered for the class but it was unknown how many were there Thursday.

Allyse Jerome, 19, a sophomore from Schaumburg, said the gunman burst through a stage door and pulled out a gun.

"Honestly, at first everyone thought it was a joke," Jerome said. Everyone hit the floor, she said. Then she got up and ran, but tripped. She said she felt like "an open target."

"He could've decided to get me," Jerome said. "I thought for sure he was gonna get me."

The shooter had been a graduate student in sociology at Northern Illinois as recently as spring 2007, but was not currently enrolled at the 25,000-student campus, Peters said. He also said the suspect had no record of police contact or an arrest record while attending Northern Illinois, about 65 miles west of Chicago.



Bell, Boyd & Lloyd LLP opens Carmel Valley office
Law Firm News | 2008/02/15 02:55
Bell, Boyd & Lloyd LLP, a Chicago venture capital and intellectual property law firm, has opened an office in Carmel Valley.

Life science clients will be served from the office, at 3580 Carmel Mountain Road, the company said. It will be staffed initially with five attorneys and seven science specialists.

Stephanie L. Seidman, a life science attorney with a doctorate in molecular biology and biochemistry, heads the group office along with attorney David A. Fisher. Associate attorneys in the office are Frank J. Miskiel, Cheryl A. Allaire, Gregory F. Brucia and Alidad Vakili. The office can be contacted at 858-509-7400.



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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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