Today's Date: Add To Favorites
Ex-Ill. Gov Appeals to US Supreme Court
Political and Legal | 2008/01/24 05:39
Former Illinois Gov. George Ryan asked the U.S. Supreme Court on Wednesday to reverse his racketeering and fraud conviction, claiming he did not receive a fair trial.

Ryan's lawyers said in a petition to the court that the trial judge replaced two jurors with alternates after deliberations in the case had already begun.

"The manipulation of the jury's composition deprived the petitioners of the fundamental right to a fair trial by an impartial jury," Ryan's petition said.

The jurors' opinions on the case were already known when trial Judge Rebecca R. Pallmeyer replaced two of them for omitting mention of their police records on pretrial questionnaires, the petition says.

The 7th U.S. Circuit Court of Appeals, which upheld Ryan's conviction, erred in not seeing that the jury irregularities ruined any chance the trial would be fair, the petition read.

The petition asks the Supreme Court, which turns away most appeals, to consider the case.

A message left at the office of U.S. Attorney Patrick Fitzgerald on Wednesday night was not immediately returned.

The Supreme Court may be the last stop in the long quest by the former governor to get out from under his conviction and the 6 1/2-year sentence he is serving in a federal prison.

Ryan, who turns 74 next month, was convicted of steering lucrative leases and contracts to lobbyists and cronies in exchange for valuables ranging from vacations in Jamaica and Mexico to a free golf bag. He was also convicted of using state workers and money to run his campaigns and of quashing an investigation into bribes paid in the secretary of state's office in exchange for drivers licenses.

Joining Ryan in the petition was businessman Larry Warner, who made millions of dollars in state leases and contracts from the secretary of state office Ryan held before being elected governor.



Busy judge pulls plug on stock option class action
Legal Spotlight | 2008/01/24 04:46
More than a year after Madison County Circuit Judge Daniel Stack took under advisement a defense motion for summary judgment in a stock options class action case, he reluctantly granted it. On Jan. 22, Stack ruled that there were no genuine issues of material fact for which any evidence could be produced in a five-year-old case against CyberSource Corp.

"The law of Illinois makes it very clear that resolution of any issue by the means of summary judgment is considered a drastic measure and it is certainly a disposition that this Court is reluctant to impose," Stack wrote.

Stack has had the case under advisement since Dec. 7, 2006, and apologized that it took him so long to reach his decision.

"This court's trial docket during the past year (which included asbestos, Vioxx, and manganese poisoning from welding rods) coupled with an extremely crowded motion docket (many of which required priority due to the types of injuries and/or imminent deaths of many of the litigants) caused this matter to be given lower priority," Stack wrote.

"Those factors do not, however, alleviate this court's regret for the length of this delay for which the parties and their counsel are begged their pardon."

Stack had to decide whether computer engineer Brian Wilgus tried to exercise stock options on his job.

Wilgus says he tried but his employer, CyberSource, thwarted him.

CyberSource argued that Wilgus never tried and its attorney Alan Goldstein asked Stack to grant summary judgment for lack of any issue of fact.

Wilgus filed a class action against CyberSource in 2002, claiming his employer's delays rendered the options worthless.

He moved to represent about 80 plaintiffs who worked for PaylinX Corporation when it merged into CyberSource, in 2000. CyberSource agreed to class certification.

PaylinX made software for payment transactions. CyberSource provides computer systems for Internet transactions.

At a hearing Goldstein argued that Wilgus could not complain about profit he could have earned.

"If you don't buy the stock you can't earn the profit," Goldstein said.

Howard Becker, representing Wilgus, said at the hearing, "This is a case about a promise made and a promise broken.

"The promise made was, if we merge with another company your stock options will become exercisable in full if you stay with the company.

"The employer did not make all options exercisable in full at the time of the merger," he said. "Instead they delayed for four months."

In his order, Stack wrote, "It has been this Court's experience the cases in which the law appears to be clearly against the Court's own sense of fairness are always the most difficult to decide."

"This is such a case," he added.

Stack said the class action is for breach of contract only and the contract consists of three documents that make up the stock option.

"The plaintiff's claims that he was lured into failing to exercise those options according to their own terms because of a belief that such manner of exercise would be futile, while evoking great sympathy by this court, appear to be immaterial to the issues in this case," Stack wrote.

Stack ruled that there was no count or claim for any equitable remedy, nor any apparent claim for the declaration of an equitable estopple regarding the enforcement of the written and signed documents.

He also ruled that all of the proposed evidence Wilgus supplied are "hearsay" statements which might be admissible as "statements adverse to the defendant made by the defendant," if Wilgus could attribute them to someone who could be held responsible.

"Furthermore, the plaintiff admits to not even having made the effort to exercise his stock options according to the contractual terms; when, had he or other class members done so and been rejected it certainly would have lent efficacy to his claim," Stack wrote.

Stack also ruled that all of the evidence constitutes "parole" evidence which is outside the "four corners of the contract documents" and could only be admissible to allegations of ambiguity or fraud.

"What appears by the allegations of the plaintiff, even when all taken as true for purposes of this motion, is that the plaintiff discovered, after the fact, that he could have exercised those stock options at a lower price and subsequently resold the stock at a nice profit (hindsight is almost always 20/20)," Stack wrote.

"There appears to be no sufficient evidence for the plaintiff to proffer at trial that would be admissible for consideration by the court or the jury," Stack adds. "As such, it is apparent that there exists no genuine issue of a material fact for which any evidence can be produced."


Law firm creates climate change group
Legal Business | 2008/01/24 03:41

Law firm Stinson Morrison Hecker has marshaled some of its lawyers from different specialties to form the Climate Change Practice Group.

The group's members include David Bengtson, Stinson's Wichita managing partner, as well as 29 other lawyers in five of Stinson's eight offices across the country.

Mark Johnson, practice leader of the climate change group and a lawyer practicing in environmental law, said several factors led the Kansas City, Mo.-based firm to form the practice group. Those include client needs and an increasing focus at the state and federal levels on climate change legislation.

The idea solidified when Johnson attended a seminar on the Clean Air Act last year in Washington, D.C.

"It seemed like the discussions were dominated by climate change," he said.

Legislation in Congress, such as the America's Climate Security Act, whichaims to cut greenhouse gas emissions, will likely have an impact on business, Johnson said.

A bill has been introduced in the Missouri Legislature that would require greenhouse gas emissions reporting and also calls for greenhouse gas reductions.

And in Kansas, Sunflower Electric Power Corp., which wants to build two coal-fired power plants, is battling state regulators over the potential of carbon dioxide emissions.

"I think it's really a reaction to the changing legal environment... in which all of our clients operate," Bengtson said of the creation of the practice group.

Johnson and Bengtson, who specialize in the oil and gas industry, said the lawyers in the practice group specialize in several areas, including securities law, corporate law and real estate.

Bengtson and Johnson think Stinson is the first firm in Kansas and Missouri to create a practice group representing businesses affected by climate change issues.

Local law firm officials said they are not aware of other firms forming similar practice groups, though there are lawyers in the Wichita area who specialize in environmental law.

Nationally, there are firms that have similar environment-focused practice groups, including Hogan & Hartson in Washington, D.C., and Perkins Coie in Seattle.



Florida asks court to restore sales ban
Insurance | 2008/01/24 03:40
The Florida Office of Insurance Regulation on Wednesday asked a court to reinstate its prohibition against Allstate Corp. selling new policies in the state.

Florida Insurance Commissioner Kevin McCarty last week suspended Allstate after he said it defied subpoenas seeking materials showing how it sets prices and resolves claims. "Allstate has continued to do everything it can to keep from providing the documents," he said in a statement Wednesday.

Allstate will "continue to provide the documents requested in the subpoenas," said spokesman Adam Shores. "Our agents are open for business."

The background: Northbrook-based Allstate won emergency approval Jan. 18 from a state court in Tallahassee to resume selling coverage after filing a motion saying the regulator "abused its power by issuing an emergency order that is intended to function as a punitive stick." McCarty's office was given 10 days to explain why Allstate's license should be suspended.


Former CIM correctional officer pleads guilty to perjury
Court Watch | 2008/01/24 01:43
An ex-Chino prison officer has pleaded guilty to lying to a federal grand jury investigating misconduct by another officer.

Linda Diane Sherrow faces up to five years in prison when she returns for sentencing April 21 in U.S. District Court in Los Angeles.

The former California Institution for Men correctional officer entered the guilty plea to perjury Wednesday.

The 49-year-old Sherrow lied to the grand jury in 2004. The panel was investigating fellow officer Shayne Ziska, who had helped inmates associated with the Nazi Low Riders prison gang.

Ziska was eventually sentenced to more than 17 years in prison for racketeering and civil rights allegations.



Silicon Valley Entrepreneur Settles SEC Charges
Securities | 2008/01/23 08:56
The founder of Silicon Valley communications chip maker Raza Microelectronics Inc. on Tuesday agreed to pay nearly $3 million as a part of a settlement on insider-trading charges, the Securities and Exchange Commission said. The charges against Saiyed Atiq Raza, 58 years old, a former president and chief operating officer of chip maker Advanced Micro Devices Inc. (AMD), stemmed from trades he made in 2006 while serving as a director of San Francisco orthodontic device maker OrthoClear Holdings Inc.

Under terms of the settlement, Raza did not admit nor deny allegations that he unlawfully netted nearly $1.5 million by trading on confidential company information.

Raza was also barred from serving as an officer or director of a public company for five years, and he was permanently enjoined from future violations of the federal securities laws.

Raza Microelectronics said late Tuesday that Raza resigned as company chairman effective Jan. 17, two months after he stepped down as CEO. A spokesman said Raza's settlement would not have "any impact as the company moves forward."

Raza Microelectronics' Web site stated Tuesday that Raza was also serving as a director at AMI Semiconductor, Mellanox Technologies (MLNX), eASIC and MetaRAM.

Officials at Raza Microelectronics, which makes chips for telecommunications switches and network routers, were not immediately available to comment on the settlement.

The SEC alleged that Raza in September 2006 was informed by OrthoClear's CEO that the company had agreed to cease competing with rival Align Technology Inc. (ALGN), of Santa Clara, Calif. The agreement, which effectively put OrthoClear out of business, followed a long-running intellectual property rights dispute between the transparent teeth-aligner market competitors.

Raza within two days of learning about the settlement began making large purchases of Align call options - which would increase in value if the company's share price rose - before the litigation settlement agreement became public, the commission said.

When the OrthoClear settlement was publicly announced several days later, the price of Align stock shot up 48% and Raza netted a profit of $1,450,900.

Raza agreed to pay a total of $2,977,842, including repaying his $1,450,900 in trading profits, $76,042 in prejudgment interest and a civil penalty of $1,450, 900, the SEC said.

Raza was at one point expected to become chief executive at AMD. He resigned from the No. 2 spot in 1999, citing personal reasons, but his departure followed big losses suffered during a price war with rival Intel Corp. (INTC).



Ohio Court Debates Rights to Body Parts
Breaking Legal News | 2008/01/23 08:22
During an autopsy, the Hamilton County coroner removed Christopher Albrecht's brain and never put it back — a common practice for coroners.

But when Albrecht's parents learned years later that they had buried him without a brain, they filed a lawsuit that raises ethical, moral and religious questions about the treatment of one's body after death.

The case, to be argued Wednesday before the Ohio Supreme Court, has drawn international attention for its ramifications to coroners, crime investigators, EMTs, funeral directors and followers of religions that espouse the importance of burying the whole body.

The Albrechts argue that they had a right under the Ohio Constitution to their son's brain, and a right under the U.S. Constitution to reclaim the brain before it was destroyed. The lawsuit is a class action suit against coroners and commissioners in 87 of Ohio's 88 counties covering cases dating to 1991.

Under Ohio law, brains, hearts and other body parts and fluids removed during an autopsy are classified as medical waste, which generally means they are incinerated after use.

"What this case really comes down to is, for the convenience of the government, are we Ohioans, we humans, supposed to give up our most basic rights to the human remains of our loved ones?" said John Metz, an attorney who brought the Albrechts' suit. "I am absolutely amazed to have to be standing in front of the highest court in our state to defend against such a socialist view."

Defenders of the coroners, including the Ohio State Coroners Association, Ohio State Medical Association and the National Association of Medical Examiners, contend that establishing property rights for families to the organs, tissue, blood and other fluids extracted during an autopsy could jeopardize timely autopsies and jeopardize criminal evidence.

"The longer you wait to perform an autopsy, the more evidence and information you lose," said Elizabeth Mason, an assistant Clermont County prosecutor leading the county coroners' defense.

Brains are particularly difficult to reunite with a body in time for burial, because it takes three to 14 days to prepare them for examination.

Mason anticipates an onslaught of litigation against counties if the Albrechts prevail. Relatives are often upset about autopsies taking place, and may begin negotiating with coroners about what to do with body parts. But relatives may not always agree with each other.

"I call that the 'Chicken-Little-Sky-Is-Falling' defense," Metz said. "We recognize you, as the state, have a right to our loved one's body to do an autopsy. But once you're done, all you have to do is pick up the phone and talk to these people, and say, 'I'm done with your child's heart.'"

Metz and co-counsel Patrick Perotti have been taken to task before the court for making a legal question too emotional. Perotti's briefs have contained references to Achilles' slaying of Hector in The Iliad, the drowning of Shakespeare's Ophelia and poet Walt Whitman's "I Sing The Body Electric."

Lawyers for the coroners at one point tried and failed to get one particularly verbose submission — which traced the history of death from ancient to modern times — stricken from the record.

"We don't dispute that it is a cultural norm for us to accord that kind of respect for our dead," Mason said. "But that doesn't mean that when they went out to get Hector's body back, they scraped up every drop of blood to make sure they got everything."

In a brief, the Medical Examiners Association said material from a dead body is almost always lost. Bodies lose fluids at accident scenes and parts of some bodies are never found, the group said.

It argued that material taken by coroners is being singled out unfairly in this case.

Christopher Albrecht, 30, died in December 2001 when he suddenly plunged his vehicle into a pond.

The coroner determined that an epileptic seizure prompted his accident, but that his death was caused by drowning.

According to the autopsy, a portion of his brain had been removed during his life as part of a surgical procedure related to his epilepsy.



[PREV] [1] ..[788][789][790][791][792][793][794][795][796].. [1197] [NEXT]
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
Longest government shutdown ..
Dominican appeals court to h..
California voters take up Pr..
Kimberly-Clark buying Tyleno..
Man pleads not guilty to spa..
US and Australia sign critic..
Trump threatens to pull supp..
Luigi Mangione’s lawyers se..
Madagascar’s president flee..
Mexico soccer star Omar Brav..
Newsom signs bill granting U..
Former FBI Director Comey in..
Web Promo Expands as Nationw..
US lawmakers push for milita..
Call of Duty Maker Seeks Dis..


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 and help you redesign your existing law firm site to secure your place in the internet.
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
East Greenwich Family Law Attorney
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
  Law Firm Directory
 
 
 
© ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Affordable Law Firm Web Design