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Fosamax Users Seek Class-Action Status
Class Action |
2007/12/01 09:42
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Lawyers for Fosamax users who believe their jaws were damaged by the osteoporosis drug on Friday asked a federal judge to order Merck & Co. to provide a dental monitoring program for the drug's users. The lawyers made the suggestion to U.S. District Judge John F. Keenan as they argued for the case to be certified as a class-action, in order to pursue claims by users who believe the drug caused osteonecrosis of the jaw, a condition in which portions of the jaw bone die, sometimes leaving the bone exposed. Timothy M. O'Brien, a lawyer for plaintiffs, said hundreds of thousands of patients would benefit from a dental monitoring program that would include regular dental screenings, X-rays and lab tests, all aimed at preventing the need for dental surgery. Paul Strain, a Merck attorney, called Fosamax a "life altering and life saving drug" that helps to prevent the kind of bone fractures that can hasten the deaths of people as they age. He said the drug was a pioneer 11 years ago. Strain also said there was no proven link between degeneration of the jaw bone in some patients and Fosamax. Damage to the jaw bone can result in many ways, including from using steroids, from diseases or weaknesses in the body and from poor dental hygiene. O'Brien said as many as one in every 296 patients who use Fosamax develop the severe damage to the jaw, though Merck disputed the figure. O'Brien said jaws were more susceptible to damage because they are used so frequently and are under greater stress than most bones. Keenan did not immediately rule after hearing arguments. Vance Andrus, another lawyer for the plaintiffs, argued a class-action certification would allow for a trial where a jury could decide whether Fosamax is toxic and hazardous and whether Merck was negligent and should have warned users of dangers. |
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Guilty Plea in Navy Bid Rigging Case
Breaking Legal News |
2007/12/01 09:20
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A metal sling manufacturing company has pleaded guilty to conspiracy to rig bids on U.S. Navy contracts, the federal officials said. Authorities said Certified Slings Inc. rigged bids for manufacturing metal sling hoist assemblies, which are used to transport items such as bombs and other munitions. The central Florida-based company also agreed to pay a $150,000 fine, according to a statement from the U.S. Department of Justice on Thursday. The plea was made in the U.S. District Court in Islip, N.Y. Certified Slings was part of a conspiracy to rig bids from December 2002 to October 2003, where "conspirators discussed and agreed among themselves which of them would win contracts from the U.S. Navy," the statement said. A telephone message and e-mail left for the company by The Associated Press were not immediately returned Thursday night. Four others have also been charged as a result of the investigation. Pennsylvania executives Thomas Cunningham and Richard Barko pleaded guilty to rigging bids on U.S. Navy contracts in February and are currently awaiting sentencing. In July, the former sales director of a New York-based company, Robert Fischetti, pleaded guilty to two counts of participating in separate conspiracies to rig bids on military equipment. Roger Jacobi, the president of another New York-based company was charged with conspiring to rig bids on DOD contracts in September. |
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Arsonist pleads not guilty in SoCal blazes
Court Watch |
2007/12/01 09:19
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A convicted arsonist has pleaded not guilty to setting eight fires in the Angeles National Forest. Prosecutors contend 52-year-old Rickey Jimenez was behind the tiny fires that erupted last month in the Lake Hughes area. The largest burned about an acre and all were contained without property damage. Jimenez is from Lake Hughes. He pleaded not guilty yesterday to eight felony arson counts that carry a maximum life sentence. Jimenez was sent to prison in 1988 for a series of nail salon fires in the San Fernando Valley. He also has a 1979 arson conviction for a school fire.
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Greenberg Traurig Grows Bankruptcy, Litigation Practice
Law Firm News |
2007/12/01 07:48
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Greenberg Traurig, an international law firm with more than 1,750 attorneys in 28 offices throughout the United States and Europe, including Tampa, has added nationally recognized attorney Robert A. "Rob" Soriano as a shareholder to its business reorganization and bankruptcy and litigation practices. Soriano joins the firm from Shutts & Bowen's Tampa office. He was previously at Carlton Fields, also in Tampa, where he headed that firm’s bankruptcy and creditors’ rights practice group.
“Rob Soriano has a national reputation in the area of creditors’ rights and bankruptcy and will strengthen this practice for Greenberg Traurig in the Middle District of Florida. To that end, Rob will spend part of his time in our Orlando office,” said David Weinstein, managing shareholder of Greenberg Traurig’s Tampa office. The office has grown by 16 lawyers since its founding in August of 2006. “Bringing Rob to Greenberg Traurig is something I've been attempting to do for more than a decade. Given where Rob is in his career, how well our Tampa office is developing, and where the bankruptcy and insolvency practice appears to be headed, Rob’s decision to join us could not come at a more opportune time,” said Mark Bloom, co-managing shareholder of the firm’s Miami office and co-chair of the national business reorganization and bankruptcy practice. “Greenberg Traurig has an excellent national platform and leadership position to offer my clients. In addition, this is somewhat of a homecoming as I will be working with old friends whose work I respect,” Soriano said. The firm’s business reorganization and bankruptcy practice brings together more than 65 attorneys located across the United States. The team has experience handling the many complex issues that arise in business reorganizations, restructurings, workouts, liquidations and distressed acquisitions and sales, as well as cross-border proceedings involving U.S. and foreign law. Soriano received his undergraduate degree from Rutgers University, with high distinction, and his J.D., cum laude, from Syracuse University. He served as a law clerk to the Hon. Mark A. Costantino, United States District Judge for the Eastern District of New York, and practiced at Skadden Arps in New York before coming to Florida. He is a member of the bars of both New York and Florida. Soriano has been listed in Best Lawyers in America for more than 12 years, was given the highest rating in Chambers USA Guide to America's Leading Business Lawyers, and is listed in Florida Super Lawyers. In addition, Rob is a contributing editor to Collier Bankruptcy Practice Guide and to Chapter 11 Theory and Practice. He is a Fellow of the American College of Bankruptcy and a member of The American Law Institute. Recently, Greenberg Traurig was named “USA Law Firm of the Year” by Chambers and Partners. The award honors excellence in legal services in countries around the world. Winning firms are selected by a distinguished panel of judges made up of international corporate buyers of legal services. In Florida, practice areas that were ranked by Chambers and Partners in its USA Guide, or had members who were, include Bankruptcy/Restructuring; Construction; Corporate/Mergers and Acquisition; Environmental; Immigration Labor and Employment; Litigation; Litigation: Appellate; Real Estate; Real Estate: Zoning/Land Use; Tax; and Tax: Employee Benefits. Greenberg Traurig is ranked seventh on The American Lawyer’s Am Law 100 listing of the largest law firms in the U.S., based on number of lawyers. Additionally, the firm has strategic alliances with the following independent law firms: Olswang, London and Brussels; Studio Santa Maria, Milan and Rome; and Hayabusa Asuka Law Offices in Tokyo. For additional information, please visit the firm's Web site at www.gtlaw.com. |
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Caplan Law Firm adds new OWI practice specialty
Law Firm News |
2007/12/01 07:45
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Caplan Law Firm principal attorney Allan Caplan has announced that the firm is currently offering a new OWI practice specialty, defending residents of the state of Wisconsin who have been charged with OWI or Operating While Intoxicated. Wisconsin and other states typically use the term OWI as opposed to DWI or DUI with the operative word being ‘operating’. Attorneys Allan Caplan and Joseph Tamburino are both licensed to practice law and try court cases in the State of Wisconsin. A principal of Caplan Law Firm, P.A.,, Allan Caplan spent six years prosecuting major felonies and white collar crimes as an Assistant Hennepin County Attorney During his 32-year career. In 1983, Mr. Caplan formed Caplan Law Firm, P.A., one of the largest criminal defense firms in the Midwest, with six lawyers representing clients in criminal law matters, both locally and nationally. A MInnesota DUI attorney, Mr. Caplan has achieved numerous acquittals and successful results for his clients in every type of case ranging from DWI and DUI to first-degree murder. The Caplan Law Firm, P.A., recognized as a top criminal defense and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota, the Minneapolis St. Paul area, Wisconsin, and the Federal Courts in a wide range of criminal matters. |
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Tivo Patent Claims Found Valid and Shares Rise
Intellectual Property |
2007/11/30 09:58
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Shares of TiVo Inc. advanced nearly 25% after the U.S. patent office upheld a key piece of intellectual property for the maker of digital video recorders, seen as a minor victory in its legal battle with EchoStar Communications Corp.
TiVo shares ended the day up $1.48, or 24.7%, at $7.46. EchoStar shares were off 14 cents at $42.70.
EchoStar, meanwhile, said in a statement that the decision by the patent office doesn't affect a pending patent-infringement case TiVo filed against it. One analyst cautioned that a legal victory isn't guaranteed, and that the company still faces challenges.
"We think the news is likely to shift further momentum in TiVo's favor, as appeals phase winds down," said Standard & Poor's analyst Tuna Amobi. "Still, final outcome of the suit does not seem certain to us."
TiVo, in a statement, said the U.S. Patent and Trademark Office found all of its claims on the "time-warp" patent to be valid after a reexamination requested by EchoStar. The Alviso, Calif., TiVo said it hopes the U.S. Court of Appeals will uphold the district-court judgment that went against EchoStar.
The suit, filed by TiVo in 2004, revolves around TiVo's claim that EchoStar is stealing its "time-warp" technology, which allow viewers to pause, fast-forward and rewind live television programs.
Pioneered by TiVo, the DVR has since been used on TV set-top boxes provided by cable providers, satellite companies and telecom service providers as an additional service. Other set-top box makers such as Cisco System Inc.'s Scientific-Atlanta and Motorola Inc. employ the same technology.
Shares shot up on the perception that the U.S. Patent and Trademark decision would sway the federal circuit appeals case. EchoStar doesn't believe it will.
"We are disappointed in the Patent and Trademark Office's decision ...We are hopeful that the Federal Circuit will reverse the district court and find that we do not infringe TiVo's patent," the Englewood, Colo., company said in a statement.
Ahead of the announcement, J.P. Morgan analyst Barton Crockett upgraded TiVo's stock, saying it was "worth a high-risk shot."
In a note, the analyst said there is a 70% chance that TiVo will ultimately prevail against EchoStar. He added that the rollout by Comcast Corp. of DVRs with TiVo technology will also drive near-term interest in the stock. |
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Law Firms Fail to Make the Grade in Diversity
Law Firm News |
2007/11/30 09:25
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Ivan Wang is an attorney for McKool Smith law firm in Austin. He says he has never faced challenges as a minority and that his firm gives equal opportunities to all races. Yet, he is one of only two minority attorneys at the firm.
McKool Smith received a D on the 2007 law firm report card presented at a press conference Thursday at the Travis County courthouse.
The report card, issued by minority lawyers' groups, gave a letter grade to the top 25 law firms in Austin based on the number of minority attorneys, minority partners and minority law clerks involved with each firm.
"What we ask of the law firms is very simple," Paul Ruiz, recruiting chairman of the Hispanic Bar Association of Austin, said in a statement. "Even though the percentage of minorities in Texas is well over 50 percent, we are asking Austin law firms to meet the threshold of the percentage of minority attorneys who are licensed to practice law in Texas, which, according to the Texas State Bar, is 15 percent."
Any law firm with a minority representation of 15 percent received an A on the report card, Ruiz said.
According to a report released by the State Bar of Texas, Hispanics make up 7 percent and African Americans make up 4 percent of the total number of State Bar Attorneys in Texas in 2007.
The Brown McCarroll firm received the highest grade, an A, with more than 24 percent of their attorneys being minorities, according to the report card. Five of the 24 firms on this year's report card failed.
Graves, Dougherty, Hearon & Moody improved from a grade F in 2000 to a C in 2007, according to a diversity progress report released with the report card.
Paul Saenz, a Hispanic shareholder at Graves, Dougherty, Hearon & Moody, said the firm had formed a diversity committee and implemented improvements in their hiring process to develop more diverse candidate pools since their 2000 report card grade.
Having minority attorneys at law firms is important for representing all communities and businesses and to take advantage of all market segments, Saenz said.
Law professor Daniel Rodriguez said that teachers and administrators work on encouraging minority law students to succeed in the profession and stay energetic in their pursuit to find their first job.
Rodriguez also said the small number of minority law professors at elite schools and at senior levels makes it hard to relate and identify to the backgrounds of the minority students in their classes.
According to the 2004 census report, white male attorneys make an average of $17,000 more than their Hispanic male colleagues and $46,000 more than their black male colleagues.
Law student Yuridia Caire said she does not personally feel discriminated as a minority in the UT School of Law, but said she notices many law firm's Web sites show very low numbers of minority attorneys and partners.
"Many law firms all over say they are dedicated to increasing minorities, but in the end, their actions are not what they are saying," she said. Caire is a vice president of the Chicano and Hispanic Law Students' Association and said she notices that many law firms hold study sessions with the group and then do not end up hiring the students.
The Chicano and Hispanic Law Students' Association is dedicated to helping law students in the law school process and improving their bar scores, Caire said.
According to the UT Statistical Handbook, of the 1,427 enrolled law students at UT in 2005, 230 were Hispanic and 77 were black. In 2000, there were 126 Hispanic and 33 black law students out of the 1,406 enrolled. |
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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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