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McDonald faces court on trespassing charge
Breaking Legal News |
2007/10/20 09:40
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A senior official from the Construction, Forestry, Mining and Energy Union has appeared in the Perth Magistrates court to face a charge of trespass. It is alleged the assistant secretary of the union, Joe McDonald, entered the Lakeside Shopping Centre building site at Joondalup in February and refused to leave when asked by site official. The court has heard Mr McDonald had his state and federal tickets to enter building sites revoked in July last year. Today his lawyer argued Mr McDonald was on the site lawfully and left within a reasonable time after he was requested to do so. The Magistrate, Joe Randazzo, reserved his judgement until Thursday so he could consider relevant case law. |
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Reed Smith completes merger with London firm
Law Firm News |
2007/10/19 08:57
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After more than a year of negotiations, Reed Smith LLP has completed the final piece of last year's merger with London law firm Richards Butler. Richards Butler Hong Kong will merge into the firm, effective Jan. 1.
The deal gives Reed Smith 110 lawyers in Hong Kong, plus an operation in Beijing. It will also seek a license to practice in Shanghai. Once the transaction is completed, Reed Smith will have 23 offices, more than 1,500 lawyers and revenue of more than $1 billion.
Reed Smith is Pittsburgh's eighth-largest private company and second-largest law firm. It is the second Pittsburgh-based law firm to enter China following Kirkpatrick & Lockhart Preston Gates Ellis LLP, which via a merger completed this past January, has offices in Hong Kong, Beijing and Taipei Richards Butler Hong Kong is among that city's five largest firms. Reed Smith firmwide Managing Partner Gregory Jordan said in a statement that the firm's strategic plan has been to develop a leading presence in commercial business centers most important to its clients. "Hong Kong, Shanghai and Beijing are clearly among those key markets," Jordan said. |
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Court Certifies UPS Class-Action Suit
Class Action |
2007/10/19 08:54
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A California appeals court has reversed a decision blocking Mail Boxes Etc. franchisees from proceeding with a class-action lawsuit against UPS Inc., a group representing the franchisees said Friday. In a 21-page decision, the state appeals court ruled that the Los Angeles County Superior Court was wrong in denying a motion to certify a class action in the case. Platinum Shield Association, a group that represents current and former franchisees seeking class-action status, alleges that the shipping company intentionally misled store owners into believing a new concept - The UPS (nyse: UPS - news - people ) Store - would be more profitable than their existing stores. UPS acquired the Mail Boxes Etc. chain in 2001 and later renamed most of the stores as The UPS Store. A copy of the decision was provided to The Associated Press by the group. "This is a huge win for our organization," Howard Spanier, president of the association and a former franchisee, said in a statement. Spanier said franchisees were not given adequate information about the rebranding, which he said was "unavoidable and disastrous for many." Franchisees involved in the suit are seeking damages and the chance to rescind their UPS Store contracts, the group said. A call seeking comment from Atlanta-based UPS was directed to an attorney involved with the case. A voicemail message was not immediately returned.
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'Lingerer' Asks NYC Court to Drop Case
Breaking Legal News |
2007/10/19 08:53
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Standing around to chat on a busy Manhattan street can certainly create an inconvenience for other pedestrians. But is it illegal? A man arrested after a confab with friends in Times Square has asked the state's highest court to dismiss the case. The Court of Appeals heard arguments in Albany Wednesday and could rule next month. Matthew Jones was charged with disorderly conduct and resisting arrest — by flailing his arms — on June 12, 2004. Police said other people "had to walk around" him, and he wouldn't move when asked. The Brooklyn man pleaded guilty to a violation after spending a night in jail, but he later appealed. Courts have upheld his arrest so far. His lawyer, Nancy E. Little, said Wednesday there was no legal justification for arresting Jones for simply standing on the street. "You need something more," she said. "You need to be being verbally abusive, or really blocking lots of people, or lying down on the sidewalk." But assistant Manhattan district attorney Paula Rose-Stark said the disorderly conduct arrest was warranted, noting that Jones' behavior stood out "amid the inevitable hustle and bustle of Times Square." Prosecutors' arguments drew several questions Wednesday from judges — including Chief Judge Judith Kaye, who wondered aloud how bustling Times Square was when Jones was arrested around 2 a.m. |
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Court Review Slows Number of Executions
Court Watch |
2007/10/19 07:51
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The Supreme Court's decision to review the constitutionality of lethal injection procedures has slowed the annual number of executions to the lowest level in a decade amid renewed concerns about whether the method of death is too cruel.
The Georgia Supreme Court on Thursday stopped the execution of Jack Alderman, which had been scheduled for Friday. The state justices cited the high court's review.The Supreme Court on Wednesday blocked Virginia's plans to kill Christopher Scott Emmett, 36, hours before he was to die by lethal injection. Courts in Nevada and Texas this week postponed executions scheduled before year's end, making 2007 one of the quietest so far for executions since the mid-1990s. "Some courts are being prudent by waiting to see how the Supreme Court will go," said Lisa McCalmont, a consultant to the death penalty clinic at the University of California at Berkeley law school. Fewer than 50 executions will take place this year, even if several states pushing ahead with lethal injections defeat legal efforts to stop them. The last time executions numbered fewer than 50 was in 1996, when there were 45. Since executions resumed in this country in 1977 after a Supreme Court-ordered halt, 1,099 inmates have died in state and federal execution chambers. The highest annual total was 98 in 1999, according to the Death Penalty Information Center, which opposes capital punishment. In 2007, 42 people have been executed. Texas, where 26 prisoners have been put to death this year, plans no more executions in 2007 after federal and state judges stopped four death sentences from being carried out. Executions also have been delayed in Alabama, Arizona, Arkansas and Oklahoma since the high court announced Sept. 25 it would hear a challenge to Kentucky's lethal injection method. Courts in California, Delaware, Missouri, North Carolina and Tennessee previously cited problems with lethal injections procedures in stopping executions. The last person executed in this country was Michael Richard, 49, who died by lethal injection in Texas the same day the Supreme Court agreed to consider the constitutionality of lethal injection procedures in Kentucky. A Texas state judge refused that day to accept an appeal from Richard's lawyers, saying it had arrived after office hours. Kentucky's method of lethal injection executions is similar to procedures in three dozen states. The court will consider whether the mix of three drugs used to sedate and kill prisoners has the potential to cause pain severe enough to violate the constitutional ban on cruel and unusual punishment. "The U.S. is clearly in what amounts to a de facto death penalty moratorium," said David Dow, a lawyer who runs the Texas Innocence Network out of the University of Houston Law Center and represents death row inmates. Josh Marquis, the district attorney in Clatsop County, Ore., and a death penalty supporter, said executions should continue even while the Supreme Court looks at lethal injection. The reprieves for the dozen or so men whose dates to die had been set are likely to be only temporary. Even the lawyers for the Kentucky inmates acknowledged there are alternative drugs and procedures available that lessen the risk of pain. Justice Antonin Scalia also has suggested that people are reading too much into the court's decision to take up the Kentucky case. Scalia said Tuesday night he would have allowed Arkansas to proceed with the execution of Jack Jones. The 8th U.S. Circuit Court of Appeals had earlier put off Jones' execution because of the high court review. That decision "was based on the mistaken premise" that the high court wants state and federal judges to intervene every time a defendant raises a court challenge to lethal injection, Scalia said in a statement accompanying the Supreme Court's order that kept the appeals court ruling in place. State officials in Florida and Mississippi are continuing with plans to carry out death sentences despite the high court's review. In both states, high courts are considering pleas for a delay from condemned inmates. Lawyers for Mississippi are arguing that there is no reason to wait for the Supreme Court's lethal injection ruling. Earl Wesley Berry has an Oct. 30 execution date for a 1987 killing. In Florida, Mark Dean Schwab, 38, is scheduled to die Nov. 15 for the rape and murder of an 11-year-old. Executions had been suspended since December after it took twice as long as usual — 34 minutes — for a convicted killer to die. Gov. Gov. Charlie Crist ended the freeze in July by signing Schwab's death warrant. |
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Hudson takes TV journalism experience to law firm
Legal Marketing |
2007/10/19 05:54
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I.J. Hudson spent much of his broadcast career chasing after politicians and technological trends.
Now he is on another side of the media industry as communications director with the Bethesda law firm of Garson Claxton LLC. Hudson not only handles public relations duties for the firm but provides clients with another service — media relations. ‘‘I help our clients communicate their message to the public,” said Hudson, 60, who was an on-air reporter and anchor for more than two decades with NBC affiliate WRC-TV in Washington, D.C. ‘‘A lot of people can write down what they want to say, but saying it so that people remember what you say can be a different matter.” Hudson is a tremendous asset to the 11-lawyer firm, said Jerry Pasternak, government relations consultant for Garson Claxton. ‘‘I.J. adds strength and depth to our Government Relations Group,” Pasternak said in a statement. ‘‘He is well-known and well-respected in both the industry and the community.” Besides helping Garson Claxton clients with media relations, Hudson, who joined the firm part time in April and was put on the full-time staff this month, instructs them in crisis communications and helps them with aspects such as Internet sites and video presentations. While some large law firms have communications directors to give clients these extras, Hudson said he did not know of many medium to small firms with the service. Growing up in Mound City, Ill., near the confluence of the Ohio and Mississippi rivers, Hudson graduated from Meridian High School in Illinois and earned a bachelor’s in radio-television production at Southern Illinois University in Carbondale. His first ‘‘job” out of college was with the Navy, as he was among those drafted in the initial lottery in his area. Following boot camp at Great Lakes, Ill., Hudson was selected for officer’s candidate school in Rhode Island and then assigned as a public affairs officer for an admiral’s staff on the USS Enterprise. He was stationed in the Gulf of Tonkin off the coast of Vietnam, but that was several years after the reported 1964 attacks. ‘‘It was a very interesting time in my life,” Hudson said. ‘‘I have always looked fondly on my naval service.” Hudson left the Navy in 1974 to begin his television career. He worked for stations in Green Bay, Wis.; Milwaukee; Columbus, Ohio; New Orleans; San Diego; and Chicago before moving to the Washington area in 1985. The wide variety of interesting subjects in this area was key to keeping Hudson here. He spent many years covering the Maryland governor’s office and legislature and later regularly covered technological issues in his ‘‘Digital Edge” reports. ‘‘National stories were often also local stories,” Hudson said. ‘‘Toward the end of my career, I covered a lot of technology stories. This area is one of the top technology corridors in the country.” Besides winning broadcasting honors, including six Emmys, Hudson was honored by the American Kidney Foundation for his efforts to help coordinate transporting kidney patients to life-saving dialysis treatments during the 1996 blizzard. That blizzard was among his most memorable stories at WRC, he said. ‘‘I was separated from my family for days because of power outages,” Hudson said. ‘‘But I was able to coordinate four-wheel drivers with the kidney dialysis patients using our airwaves.” Another memorable story occurred in 2001 when he and his news team were driving north on Interstate 95 in Virginia and noticed there was no southbound traffic. Hudson told his photographer to stop at the next cross-over, and they found a 132-vehicle pileup caused by icy and foggy conditions. ‘‘No other reporter could get in to cover the story,” Hudson said. ‘‘Right place, right time.” Last year, in the midst of a cost-cutting drive by WRC parent NBC Universal, station executives exercised an option not to pick up the last year of Hudson’s three-year contract. Numerous other WRC broadcasters eventually also left, including sportscaster George Michael, who reportedly turned down a contract after hearing that others on the staff could be cut, and anchor Susan Kidd. Hudson lives with his wife, Jan, in Darnestown. They have two grown children. In his spare time, he enjoys working outdoors in the yard and pursuing an amateur radio hobby. |
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Brownback may quit presidential run today
Politics |
2007/10/19 05:45
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As Republican presidential candidates gather today to court the key constituency of evangelical Christians, Senator Sam Brownback, who has staked his campaign on winning over religious conservatives, is expected to end his run in his home state of Kansas. The decision could heighten the importance of the Values Voter Summit, to be headlined by James Dobson of Focus on the Family. Dobson has expressed doubts about several of the leading Republican contenders. But they nonetheless are planning to show up at the gathering because of the belief that evangelicals could hold the key to the GOP nomination. Brownback's positions dovetail with those of the evangelical leaders, but he has failed to make headway because of the perception that he had little voter support. Brownback's withdrawal is expected to help former governor Mike Huckabee of Arkansas, who has a similar political philosophy and who has been "fishing from the same pool" for voters, according to Chuck Hurley, one of Brownback's closest friends and a key Iowa backer. Brownback is pulling out because "he doesn't have the name ID or connections . . . or money" that other candidates have, Hurley said in a telephone interview yesterday. Meanwhile, Mitt Romney, a former governor of Massachusetts, could benefit indirectly because Brownback will no longer be on the debate stage as a vocal critic of Romney's switch to an antiabortion position. Brownback had used some of his meager campaign resources to pay for automated phone calls to Iowa voters that portrayed Romney as being "proabortion" as recently as 2005. Romney called Brownback's attack "desperate" during an Aug. 5 debate, but Brownback defended the calls. Romney, in his speech to the evangelical leaders tonight, does not plan to use the occasion to give a long-anticipated address about his Mormon faith, said spokesman Eric Fehrnstrom. "This is not a religion speech," he said. Instead, the speech is expected to focus on Romney's proposals for strengthening families. The Romney campaign last night provided excerpts of the speech, quoting Romney as saying he is "pleased that so many people of many faiths have come to endorse my candidacy and my message." The religious leaders hope to influence the campaign, but support among evangelicals is split widely among the top candidates and it is not clear that they will rally behind one candidate. For example, while Rudy Giuliani has been criticized by evangelical leaders for his support of abortion rights, he leads Republicans among people who say they attend church weekly, with 27 percent support, followed by Fred Thompson at 24 percent and John McCain at 17 percent, according to a recent Gallup Poll. Romney came in fourth place among regular church-goers at 9 percent, followed by Huckabee at 7 percent. This week, Romney won the endorsement of Bob Jones III, the chancellor of a fundamentalist Christian university in South Carolina that bears his family's name, but it was far from enthusiastic. "I'd rather endorse someone whose religion is wrong than somebody who doesn't have any religion at all," Jones said in announcing his support. Romney yesterday said he wasn't bothered by the comment because he and Jones agree on many issues. "We want marriage before babies," Romney said, according to the Associated Press. "We have the same things we want to fight for on issue after issue, so I'm happy to have his support." Brownback, who hoped to be the evangelicals' candidate, has been stuck at 1 percent to 2 percent in national polls. During the third quarter of 2007, he raised about $925,000, less than his six GOP rivals, and had less than $95,000 in the bank by Sept. 30. In a meeting with the Globe's editorial board earlier this week, Brownback was sober about his campaign standing, admitting "we've languished" since he finished third, behind Huckabee and Romney, in the Ames, Iowa, straw poll in August. Brownback said his support for a guest-worker program for immigrants has hurt him among Republicans. He also talked about trying to gain traction with his antiabortion views and by pushing a congressional apology for slavery. "If we can't, we won't be able to move forward," he said. Brownback, who left his evangelical church four years ago and became a Catholic, had hoped to take advantage of concerns among some religious conservatives about some of his rivals. Thus, Brownback found himself in a political Catch-22: Many evangelical leaders won't back him out of concern he has no chance, and he has little chance without strong support from evangelical leaders. The Kansas City Star and Associated Press reported that Brownback will formally announce his withdrawal this afternoon in Topeka, and may indicate whether he plans to run for governor in 2010. |
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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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