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Appeals court rejects "Roe vs. Wade for Men" case
Breaking Legal News | 2007/11/06 05:02

A federal appeals court has upheld a lower court's decision to dismiss a lawsuit filed by a men's rights group on behalf of a man who said he shouldn't have to pay child support for his ex-girlfriend's daughter. The 6th Circuit U.S. Court of Appeals, in a decision released Tuesday, agreed with U.S. District Judge David Lawson in Bay City that Matthew Dubay's suit was frivolous and ordered him to pay attorney fees to the state. However, the three-member appeals court panel declined to award the state attorney fees for the appeal.

Dubay, a 25-year-old from Saginaw Township, had said his ex-girlfriend, Lauren Wells, knew he didn't want to have a child and she assured him repeatedly she couldn't get pregnant because of a medical condition.

He argued that if a pregnant woman can choose among abortion, adoption or raising a child, a man involved in an unintended pregnancy should have the choice of declining the financial responsibilities of fatherhood.

But Lawson disagreed and rejected Dubay's argument that Michigan's paternity law violates the U.S. Constitution's equal protection clause.

The National Center for Men in Old Bethpage, N.Y. -- which prepared the suit -- nicknamed it "Roe v. Wade for Men" because it involves the issue of male reproductive rights. The nickname drew objections from women's rights organizations.

Dubay sued the Saginaw County prosecutor and Wells in March, contesting an order to pay $500 a month in child support for a girl born to Wells in 2005. Michigan Attorney General Mike Cox later intervened in the case and argued for its dismissal.
Dubay previously had acknowledged the suit was a long shot.



Expeditors International Hires Law Firm
Breaking Legal News | 2007/11/06 04:11
The head of Expeditors International of Washington Inc. said Tuesday the freight forwarding company has hired a "noted law firm" to help it deal with an ongoing probe of the air cargo business, but no proof of wrongdoing has been found. In a brief statement included with the company's third-quarter earnings, Chairman and Chief Executive Peter J. Rose also said the company is "taking this whole issue very seriously" and continues to cooperate with Department of Justice investigators. The law firm is helping the company conduct "a very rigorous self-review," he said.

"As part of this process, we have met with and continue to cooperate with the DOJ. There has been no determination made at this stage that any anticompetitive behavior occurred," Rose said. "We are doing our utmost to conduct 'business as usual.' It is our intention not to disrupt our employees' routine or their ability to meet the needs of our customers."

Last month, Expeditors International said it received a subpoena from the Justice Department to hand over information and documents related to the investigation. It did not comment further at the time.

Bear Stearns analyst Edward Wolfe said then that the department's antitrust division is working with the European Union and other foreign officials to investigate "possible anticompetitive practices in the international freight industry."



GPS a Court-Approved Tool for Investigations
Legal Business | 2007/11/06 02:04
Tuesday the Outagamie County district attorney plans to file charges against two men accused of a string of burglaries in the Fox Valley. Police say they caught Alec Dooley and Reice Magolski red-handed while tracking them with GPS technology.

Today police or private investigators like Keith Schuch can be all over their suspects without being anywhere near them thanks to a little black box.

"I think it's amazing technology. For me as an investigator, I love it."

The box is a GPS tracking device.

We decided to put it to the test. We put it on our Action 2 News car and went for a drive.

When we got back, Schuch accessed the device's information and told us exactly where we went and how long we were there.

"There must have been some type of parking lot," he surmised from one of our trips.

Private investigators like the recordable tracking device because it shows them their subject's pattern and routine, making stakeouts and surveillance easier in the future. Investigators know exactly where to go.

"You can see each stop, drive time."

They can also give their clients a printout of the driver's activity.

"It basically does the job for me," Schuch said. "I can hand them a report, OK, they're at this address for this long, and all of a sudden they go, 'That's my best friend's house!'"

The device Schuch showed us records a person's movements for someone to look at later, but there are other GPS devices that transmit the information in real-time so at any given moment a person can see exactly where you are.

"With the live time, yes, you can follow them and catch them right in the act and see what's going on," Schuch. And that's what Calumet County's district attorney says happened to catch Dooley and Magolski in the act.



Court weighs municipal bonds' purpose
Law Center | 2007/11/06 02:01
In a case that could revolutionize the country's $2.5 trillion municipal bond market, the U.S. Supreme Court wrestled on Monday with whether a municipal bond is mainly a commodity or a means of financing unique public services that only state and local governments can provide.

In the Department of Revenue of Kentucky vs. Davis, the court must decide if Kentucky can give tax breaks on interest from municipal bonds sold within its borders, while taxing interest earned on bonds sold in other states.

Justice David Souter disagreed with a characterization by Eric Brunstad, a lawyer for George and Catherine Davis -- Kentucky residents who hold out-of-state bonds -- that municipal bonds, like other securities, were traded like commodities.

"Yes, but it's not taxing an out-of-state commodity in the sense of a commodity which is manufactured or produced out-of-state," Souter said.

Still, Justice Anthony Kennedy said the tax breaks go against the commerce clause of the U.S. Constitution.

"All states want to protect their residents and make it look like they're doing something for their residents. And that's exactly the purpose of commerce clause prohibition against explicit discrimination, which is what this is," he said.

The justices also plumbed the strength of the municipal bond market. Justice Souter noted it was "enormous" and the Supreme Court did not know what would happen if it were interrupted.



Office Depot Faces Purported Class Action Suit
Class Action | 2007/11/06 01:10

Shareholders of Office Depot Inc. (ODP) filed a lawsuit in federal court in Florida against the company seeking class-action status and damages for alleged violations of federal securities laws.

Saxena White P.A., representing shareholders that acquired Office Depot securities between April 26, 2006 and Oct. 26., said an announcement concerning the delayed release of the 2007 third-quarter report due to an independent review of vendor program funds led to a falling stock price.

A company spokesperson declined to comment on the suit.



Former Mexican drug lord gets life in U.S. prison
Court Watch | 2007/11/05 19:02
Francisco Javier Arellano-Felix, the youngest of four brothers who ran one of the most powerful Mexican drug cartels, was sentenced to life in prison on Monday, the U.S. Department of Justice said. Arellano-Felix, who pleaded guilty in September to operating a criminal enterprise and conspiring to launder money, was also ordered by a U.S. judge to forfeit $50 million and his interest in a yacht, the department said in a statement.

"I would like to ask forgiveness from my mother, my wife and my children for having to leave them alone as I serve a life sentence," Arellano-Felix said at a sentencing hearing in U.S. District Court in San Diego.

"Most importantly, I would like to ask forgiveness from all those people, on both sides of the border, who I have affected by my wrongful decisions and criminal conduct," he said.

In pleading guilty, Arellano-Felix, 37, admitted directing the Arellano-Felix drug cartel, which controlled much of the narcotics trade across the U.S.-Mexico border over the past decade, acting Deputy Attorney General Craig Morford said.

He also admitted committing and ordering murders in connection with the cartel's illicit business, Morford said.

"Francisco Javier Arellano-Felix will spend the rest of his life in prison for leading a violent Mexican drug cartel that was responsible for trafficking hundreds of tons of cocaine and marijuana and committing countless acts of violence and corruption," Morford said.

Arellano-Felix was arrested along with Manuel Arturo Villarreal-Heredia, 31 in August while deep-sea fishing 15 miles off the coast of La Paz, Mexico, on their yacht, the Dock Holiday.

Villarreal-Heredia also pleaded guilty and is scheduled for sentencing in January.



Supreme Court to Hear Idaho Death Case
Court Watch | 2007/11/05 11:08
The Supreme Court stepped into a death penalty case Monday in which a defendant says his lawyers gave him bad advice by telling him to reject a plea deal that would have spared him a death sentence. Maxwell Alton Hoffman was convicted in connection with a revenge killing in Idaho and sentenced to death in 1989. He appealed, claiming he should be allowed to take the deal prosecutors offered anyway. The 9th U.S. Circuit Court of Appeals agreed. The San Francisco-based appeals court said the state must either release Hoffman or again offer him a plea deal that he originally turned down — allowing him to plead guilty in exchange for prosecutors no longer seeking the death penalty.

The state appealed to the Supreme Court. The justices said they would decide whether Hoffman is entitled to the plea deal, even though he was later convicted and sentenced in a fair trial.

Hoffman was one of three men charged with the murder of a woman who served as a police informant in a drug deal. Hoffman slit Denise Williams' throat and another man stabbed her. Both men tried to bury her beneath rocks, eventually killing her with a blow from a rock.

The other two defendants avoided the death penalty. Hoffman, however, refused to plead guilty on the advice of his attorneys, even though prosecutors told him that if he refused the plea deal they would seek the death penalty.

One of Hoffman's attorneys — William Wellman — told Hoffman he believed that a recent appellate court ruling out of Arizona showed that Idaho's similar death penalty scheme was unconstitutional, and that it was only a matter of time before Idaho's death penalty scheme would be overturned in court.

But Idaho's death penalty scheme wasn't immediately overturned, and on June 9, 1989, Hoffman was sentenced to death.

The appeals court said Wellman made two mistakes that warranted overturning the death sentence.

"We do not expect counsel to be prescient about the direction the law will take," Judge Harry Pregerson wrote for the three-judge panel. "We nonetheless find that Wellman's representation of Hoffman during the plea bargaining stage was deficient for two reasons: first, Wellman based his advice on incomplete research, and second, Wellman recommended that his client risk much in exchange for very little."

That error, combined with Hoffman's compliant personality, meant that he was harmed by the attorney's recommendation, the court found.

Idaho's lawyers told the Supreme Court that the 9th Circuit made it too easy for defendants to prove that their lawyers were ineffective. The decision shouldn't turn on whether the advice was right or wrong, but on whether a competent lawyer would have made the same recommendation, the state said.



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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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