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Law firm scolds school for trying to stop religious rap
Breaking Legal News | 2007/10/15 03:57

A religious civil liberties law firm is touting its intervention in a case that allowed a Monroe High School sophomore to perform a Christian rap song at a school talent show this week. A school administrator initially banned performance of the song. Officials with the Liberty Counsel, based in Florida, Virginia and Washington, said James Whipper, 16, performed the song "He's Calling" at a school talent show Wednesday and won first place.

According to Liberty Counsel officials, assistant principal Montyne Barbee told James on Tuesday to perform a non-religious song. School officials could not be reached Friday.

Kenyetta Whipper, James' mother, contacted Liberty Counsel and met with Barbee. Liberty Counsel officials said they also sent a letter to the school's principal explaining that schools "cannot censor our religious speech" in events like a talent show for which students choose their own material to perform.



Law Firm, LPD Among Those Backing Career Academies
Legal Business | 2007/10/15 03:56
When the Polk County school system issued a request seeking partnerships from area businesses in creating career academies at high schools, several answered the call.

The result is a handful of strong partnerships that will provide relevant instruction to students interested in a variety of professions, ranging from automotive technology and construction to criminal justice and legal studies.

The career academies - all of which have at least two businesses represented on their boards of directors, though some have 10 or more - are in 11 Polk high schools and were created to address the Florida A++ education plan approved by the Legislature last year, said Serena Peeler, career academies coordinator for the Polk County school system. The plan is designed to get students thinking about careers before they graduate.

Most career academies started this year, but a handful have been up and running for a few years. Kathleen High School's Criminal Justice, Law and Career Academy is 3 years old and is supported by the Lakeland Police Department, which partners with the academy by providing board of directors representation and training assistance, said Lakeland Police Lt. John Thomason.

"We supply officers, equipment and give demonstrations," Thomason said. "We have a great deal of interaction with the students by teaching about police work and various services the department provides to the community."

Each year, LPD presents a static display involving area law enforcement agencies, where students in the academy get to view technology and equipment used in law enforcement.

LPD is working to also include fire and emergency services agencies in the static displays, because not every student enrolled wants to enter law enforcement. Some have interests in becoming firefighters, 911 dispatchers, crime scene technicians and even lawyers, Thomason said.

"I think these academies are a valuable asset to students because if they believe they want to be in this field, the academy gives them a better understanding of the work involved," Thomason said. "It also helps them decide how to further their education - whether through the police academy or college."

The Academy of Legal Studies at George Jenkins High School benefits from partnerships with the Lakeland Bar Association and the law firm of Peterson & Myers.

Jonn Hoppe, a lawyer with Peterson & Myers, said the firm partners with the academy by providing lawyers to be guest speakers, serving as host for student orientations and providing law books for research and instruction.

The partnership with the Lakeland Bar Association is a bit more formalized, said Hoppe, who serves as the president.

"Every month, a couple of students attend Bar meetings," he said. "We hope in February to have students put on a mock trial at the monthly luncheon."

Members of the Bar Association also serve on the academy's board and provide opportunities for student internships at area law firms.

"We were very excited about the academy when it began because students can choose from an attorney, paralegal or legal assistant track," Hoppe said.

The partnerships go beyond finding businesses and organizations to contribute to classroom instruction, Peeler said. Area colleges and universities are partnering in the form of articulation agreements, which enable students enrolled in the academies to earn college credit while still in high school. Agreements are in place with Polk and Hillsborough community colleges, and officials are in discussion with Florida Southern College, Southeastern University and University of South Florida, among other colleges.


GM Details Funding Plans For UAW Health Trust
Health Care | 2007/10/15 03:08

General Motors Corp. said Monday that it expects to transfer $16 billion from its internal health-care trusts, in addition to a $2.5 billion cash infusion, to a new United Auto Workers trust in order to fund a new independent voluntary employees' beneficiary association, or VEBA.

The VEBA, seen as a critical element of a new contract between the two parties, effectively will free the auto maker from UAW hourly retiree health-care liabilities permanently, the company said, and the UAW will no longer be able to negotiate such benefits.

Instead, the UAW will manage the trust, allowing GM to cut its own retiree health-care liability to an estimated range of $2 billion to $9 billion by 2013, down from more than $60 billion currently.

The move should deliver an estimated $2.6 billion to $3.4 billion in annual pretax savings, primarily due to changing the plan. GM expects its net UAW hourly health-care balance sheet liability to be about $6 billion to $13 billion in 2010. It currently carries an estimated $47 billion in UAW hourly health-care obligations.

GM outlined some of its financial expectations for the contract in a slide deck posted on its investor Web site in advance of a 9:30 a.m. Eastern conference call. The company also addressed its VEBA contribution in a filing with the Securities and Exchange Commission.

GM shares soared Thursday and Friday, hitting their highest level in three years, amid optimism about the savings that will be realized as a result of the UAW deal. GM shares have gained nearly 50% since early September.

By 2010, GM sees positive VEBA cash-flow, reversing a negative $3.3 billion outflow it currently reports based on retiree health care. It expects to post $3.3 billion in positive cash-flow associated with VEBA-related savings by 2011. Year-end liquidity will fall by $2.6 billion due to an exclusion of short-term VEBA assets it currently accounts for.

Among other savings highlights: the establishment of a second-tier pay and benefits scale for new noncore hires. These people will make an "all-in" compensation -- including benefits -- of $25.65 an hour in 2008, with increases thereafter. GM's "U.S. hourly people cost" will fall to an estimated $10.1 billion in 2007 from $18.4 billion in 2003.

About 65% to 75% of GM current UAW hourly employees will be eligible for retirement during the current contract, which expires in late 2011.



Nomura to exit U.S. residential mortgage securities
Business | 2007/10/15 03:03

Nomura Holdings, Japan's largest brokerage, said it would pull out of the U.S. residential mortgage-backed securities market and cut a quarter of its U.S. workforce, pushing it to a big quarterly loss.

Nomura is the latest global investment bank forced to swallow bigger losses on products tied to to U.S. mortgage market, which was thrown into turmoil this year by rising defaults on subprime home loans.


It now expects to post a group pretax loss of 40-60 billion yen ($340-$511 million) for the July-September second quarter due to losses on residential mortgage-backed securities (RMBS) and charges to cut its U.S. workforce to 900 from 1,217 as of June.

Nomura, which has been buying residential mortgages and bundling them for resale as securities, said it would focus its efforts in the U.S. on expanding its asset management business and electronic brokerage unit Instinet.

"This should all but clear up our problems in the United States, and we believe we can build a structure that will allow us to achieve a speedy recovery from the second half," Nomura Chief Financial Officer Masafumi Nakada told a news conference.

Nomura had said earlier this year it may pull out of the RMBS business as part of a reorganisation of its U.S unit, which lost 74 billion yen on a pretax basis in the two quarters to June as it wrote down the value of its mortgage loan portfolio.



WCI facing federal class action lawsuit
Breaking Legal News | 2007/10/15 03:02

WCI Communities Inc. is the latest developer to be targeted by homebuyers trying to get out of deals now that prices have fallen drastically. A federal class action lawsuit filed recently claims there's a fatal flaw in the contracts used by the Bonita Springs-based developer to sell the 116 units in its luxury, 21-story condo tower Florencia — now some buyers want their deposits back. Attorneys for WCI say there's no problem with the contracts, just a typographical error that shouldn't be held against the builder.

The lawsuit is one more symptom of a softening housing market. The median price of an existing condo in Lee County has fallen 38 percent from February 2006, at $353,900, the highest on record, to $218,800 in August 2007, the last month available, according to the Florida Association of Realtors. For single-family homes, the price has fallen 22 percent from the all-time high of $322,300 in December 2005 to $250,800 in August 2007.

Builders in Southwest Florida are seeing such challenges more and more, said Christopher Shields, a real estate attorney with the Pavese law firm in Fort Myers.

"Potential purchasers are trying to get out of their contracts," he said. "Typically in a rising market, it doesn't matter whether or not a developer has committed violations at all, the buyer goes ahead and closes because he thinks the property is going to be worth more next year."

Now that prices are soft, however, "They look for reasons where perhaps the developer is in violation of federal and state disclosure requirements."

Some recent examples of similar suits by both buyers and builders trying to make the best of contracts signed in better times:

• A federal class action lawsuit brought by people who bought houses from First Home Builders alleges that they were defrauded by the developer and real estate brokerage D'Alessandro & Woodyard in a program to sell homes as an investment with a guaranteed rate of return.

• Advantage Builders of America in March sued 13 people for more than $15,000 in damages and attorneys' fees because they entered into contracts to buy houses in Lehigh Acres and Cape Coral but didn't make payments.

• The builders of Sail Harbour in February asked the court to force 29 people to close on their deals in the south Fort Myers development.

The suit against WCI was filed in federal court by David Berry and John Schrenkel, who signed up to buy Unit 1202 in the Florencia building at The Colony Golf & Bay Club in Estero.

They say WCI ran afoul of the Interstate Land Sale Act, which regulates the sale or lease of land from developers.

In this case, WCI violated the act by neglecting to include a provision in the contract giving a buyer 20 days to make things right after being notified that he's in default of the contract, said Miami-based attorney Robert Cooper, who filed the suit.

That means, he said, that "if some purchaser accidentally fails to do x, y or z, the builder can't just take the deposit."

In this case, Schrenkel and Berry want out of the contract and their $115,000 deposit returned.

But WCI attorney Thomas Roehn told Cooper in a July 2 letter that it's all just a misunderstanding. "Inadvertently, the 20 days notice of default and opportunity to cure was provided to the seller rather than the purchaser."

That means the buyers aren't entitled to their money back, the letter says. "WCI looks forward to Mr. Schrenkel and Mr. Berry closing upon their purchase of Unit 1202 at Florencia."

Cooper filed the case anyway, seeking damages for his clients and any other Florencia buyer in the same situation.

He said this is the first case he's seen in which the 20-day default protection for the buyer was left out. "I have not seen other developers screw this provision up."

If successful, the suit would be the latest bad news for WCI, which reported a $33 million loss for the quarter ending June 30 as condo tower sales all but dried up and traditional home sales were sluggish.

On Aug. 30, billionaire investor Carl Icahn gained influence on the company's board as he, two close associates, three incumbents and three jointly nominated members were elected to the board.



Mattel Posts Lower 3Q Profit on Charges
World Business News | 2007/10/15 02:11
Mattel Inc. on Monday reported a 1 percent drop in fiscal third-quarter profit, due to charges related to multiple product recalls by the world's biggest toy maker.

Its shares fell more than 2 percent in morning trading.

The El Segundo, Calif.-based company said net income for the quarter ended Sept. 30 slipped to $236.8 million, or 61 cents per share, from $239 million, or 62 cents per share, in the year-ago period. Latest-quarter results included charges of about $40 million related to the company's product recalls covering merchandise that contained lead magnets or bore lead paint.

Sales rose 3 percent to $1.84 billion from $1.79 billion a year ago, mainly helped by the weaker dollar.

Analysts surveyed by Thomson Financial had expected profit of 70 cents per share on revenue of $1.91 billion.

Its shares fell 48 cents, or 2.1 percent, to $21.97 in morning trading Monday.

Since August, Mattel has announced three separate recalls of some 21 million toys because of dangers to children from lead paint or from tiny magnets that can be harmful if swallowed.

The majority of the toys were recalled because they featured the small magnets.

Last month, the company apologized to the Chinese government, acknowledging that the problem was a design flaw and not the fault of Chinese manufacturers.

"Despite the challenges the company faced during the third quarter, the business has performed fairly well, even with some supply chain disruptions that impacted our sales during the quarter," said Robert A. Eckert, chairman and chief executive. "U.S. Barbie performance was soft and remains an area of focus, although a good portion of the decline in the quarter was directly related to the supply chain disruptions."

Eckert said international sales have continued to drive growth, while the U.S. was down slightly in the quarter. Mattel did say, however, that it saw continued strong performance from its core Fisher-Price and Disney/Pixar "Cars" properties.

The "Cars" line of toys and the addition of Radica games and puzzles helped drive a 29 percent increase in sales in the toy maker's Entertainment toys business unit.

Global Barbie sales fell 4 percent, with increases in international sales partially offsetting declines in domestic sales of the fashion doll.

In all, sales for Mattel's Girls and Boys Brands business unit were $1.14 billion, up 6 percent from the year-ago quarter, the company said.

Worldwide sales for the Other Girls Brands unit tumbled 10 percent from the year-ago quarter, with a drop in sales of toys from the Polly Pocket! brand driving the decline.

The company's Wheels unit posted a 9 percent increase in global sales during the quarter, driven by sales of its Hot Wheels and Matchbox brands.



Fox challenges CNBC with new biz channel
Business | 2007/10/15 02:06

Rupert Murdoch has entered a dark horse in high-stakes races before, and won. On Monday, the News Corp. media titan trots out the Fox Business Network.
Two years in the making, the channel will challenge General Electric Co.'s highly profitable CNBC network as it seeks to redefine business news for average Americans faced with increasingly complex decisions about their financial futures.

Murdoch already has knocked CNN off the cable news throne with Fox News Channel. Can he do the same to NBC Universal's profit machine, whose audience of affluent professionals is one of the most sought-after advertising targets?

"CNBC has a monopoly on an in-demand demographic, but never underestimate Murdoch," said Porter

Bibb, a managing partner at Mediatech Capital Partners, a financier of media businesses. "Success might take a while, but this is the right thing for them to do."

Fox defines success—aside from ratings—as expanding the business news audience by "demystifying" the subject, according to Kevin Magee, the Fox News executive vice president in charge of the new business channel. There are plenty of people not watching business news because it's presented in an "off-putting" way, he said.

Magee would not disclose the programming schedule, citing competitive concerns. But FBN's flashy Web site promises the network will cut through jargon to speak to the average investor, echoing comments by Murdoch last month that his channel



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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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