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Ex-Secretary To Settle Suit Against Shapiro's Firm
Legal Business |
2007/08/20 14:56
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A former secretary who alleged she was fired by attorney Robert Shapiro's firm for exposing wrongful billing practices reached a tentative agreement to settle her lawsuit, her attorney told a judge Monday. Pauletta James sued the law firm of Christensen, Glaser, Fink, Jacobs, Weil & Shapiro in November 2003, alleging she was terminated for being a whistleblower. She had worked as a legal secretary for Shapiro and an associate for about a year, beginning in February 2002, her lawsuit stated.
The firm's lawyers stated in their court papers that she was let go for poor work habits and for not getting along with Shapiro.
Lawyers for James and the Christensen law firm appeared before Los Angeles Superior Court Judge John Shepard Wiley Monday, saying both sides agreed to all terms and that the defense will prepare the final document for signatures.
Wiley said he was pleased to hear of the agreement in principle. "To try this case would have been nasty," Wiley said. "Neither side would have had a pleasant experience." The judge said the settlement avoids the uncertainty James and the Christensen law firm would have faced had the case gone to a jury, which was scheduled for trial Sept. 11. He urged the lawyers to put the settlement in final form soon before any last minute disagreements develop.
"Let's get this in the can," Wiley said.
Outside the courtroom, James' lawyer, Patricio T. Barrera, said the terms are confidential and therefore his client, who was present in court, cannot comment.
However, James said she currently does temporary work and now is "contemplating going to law school."
James said that despite her conflicts with Shapiro, she also had many good experiences working with him and at the law firm.
Shapiro and the law firm won dismissal of the case from another Superior Court judge last year, but a panel of the 2nd District Court of Appeal in July 2006 reinstated her lawsuit against the firm only.
In March, James and her former attorney, James K. Autrey, told the judge that serious disagreements had developed concerning his handling of her case. "There's been a complete breakdown in our ability to work together," Autrey told Wiley.
The judge told James that she should find another attorney if she had to.
James eventually replaced Autrey with Barrera. Monday, Wiley praised her for doing so.
"Miss James, you took my advice ... and got a great lawyer," Wiley said.
Shapiro's clients have included O.J. Simpson, Darryl Strawberry, porn star Linda Lovelace and the late Johnny Carson. |
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AA files lawsuit against Google over trademark words
Court Watch |
2007/08/20 14:53
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American Airlines (AA) is suing Google Inc over the Internet firm's sale of keyword ads for rivals trig-gered by its own trademarks. A Google visitor who enters certain words or phrases that AA trademarked -- for example, Aadvantage, the name of its frequent-flier program -- will get links to AA's Web site but also its rivals under "sponsored links" -- targeted ads that appear alongside the regular search results. Google makes most of its money from such keyword ads. AA filed a lawsuit on Thursday in US District Court seeking unspecified damages. "When done right, search is a great tool, but we have a problem with this part of their business," AA spokesman Billy Sanez said. Sanez said the results could confuse consumers and divert customers away from AA's own site. American Airlines, a unit of AMR Corp, tried to negotiate a settlement with Google before going to court, Sanez said. Google spokesman Jon Murchinson said the company is "confident that our trademark policy strikes a proper balance between trademark owners' interests and consumer choice, and that our position has been validated by decisions in previous trademark cases." Similar lawsuits against Google are fairly common, although they tend to involve smaller companies. More than two years ago, a federal judge ruled in a similar case filed by insurer Geico Inc, ruling that Google's advertising practices were legal. Geico had said Google was letting rival insurance companies pay to have their ads displayed when a user searched for "Geico." But the judge left the door open for Geico to collect damages from Google for featuring ads that used Geico's name in the text, rather than just using the trademark to trigger the ad. The two settled in 2005. Google lost cases in France, but has won others in the US.
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Lone Star says entitled to end Accredited merger
World Business News |
2007/08/20 11:49
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Private equity firm Lone Star Funds said on Monday it is seeking a court order to terminate its roughly $400 million purchase of Accredited Home Lenders Holding Co, saying the subprime mortgage lender has not met the conditions required to close. San Diego-based Accredited had sued Lone Star on August 11 in Delaware Chancery Court, seeking to force it to complete the $15.10 per share buyout. Lone Star said Accredited's only possible contractual remedy is a $12 million breakup fee. It said it is also seeking court declarations that Accredited has breached "numerous" other obligations to Lone Star. Accredited shares closed Monday down 31 cents at $6.44 on the Nasdaq. |
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U.S. Fed pumps $3.5 bln into financial market
Business |
2007/08/20 11:44
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The U.S. Federal Reserve on Monday pumped 3.5 billion dollars into the financial system to help beat back a widening credit crisis. The injection was announced by the Federal Reserve Bank of New York, which handles such operations for the Fed. Since Aug. 9, the Fed has injected a total of 97.5 billion dollars into the financial markets to ease tightening credit stemming from the troubles in the U.S. subprime mortgage market, which offers loans to people with lower credit and income. On Friday, the U.S. central bank approved a half-percentage point cut in its discount rate on loans to banks to "promote the restoration of orderly conditions in financial markets." The decision means the discount rate, the interest rate that the Fed charges to make direct loans to banks, will be lowered to 5.75 percent from 6.25 percent. But the Fed did not change its target for the more important federal funds rate, the interest commercial banks charge each other on overnight loans. The benchmark interest rate has remained at 5.25 percent for more than a year. In the statement announcing the interest rate cut, the Fed said it "is monitoring the situation and is prepared to act as needed to mitigate the adverse effects on the economy arising from the disruptions in financial markets." |
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Researcher Asks Supreme Court for Help
Legal Business |
2007/08/20 10:50
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A cancer researcher is asking the Supreme Court to block a decision handing ownership of thousands of blood and tissue samples to a university. Dr. William Catalona spearheaded creation of a repository of more than 3,500 prostate tissue samples and 100,000 blood samples during a 27-year career at Washington University in St. Louis. In 2003, Catalona became director of the Clinical Prostate Cancer Program at Northwestern University in Chicago, asking participants in former research efforts that he oversaw at Washington University if they would consent to transferring their tissue to Northwestern. Donors of 4,000 tissue samples agreed to the transfer, but Washington University sued to keep the samples there, and won rulings from a U.S. District Court judge and the 8th U.S. Circuit Court of Appeals. In papers filed with the U.S. Supreme Court, Catalona says he and the research participants could suffer irreparable harm if the appeals court decision is allowed to go into effect. Washington University could use the tissue in studies the patients would find objectionable, or publish research results in a way that could identify the patients, Catalona's lawyers argued, raising the possibility that participants or their family members might be denied health, life or disability insurance. In June, Dr. Larry Shapiro, dean of Washington University's School of Medicine, called the appeals court decision a precedent that assures the right of research institutions to use repositories without fear they will be taken or disrupted. A dozen major research universities, as well as the American Cancer Society and associations of medical colleges and universities, had filed briefs supporting Washington University. Catalona's lawyers asked Justice Samuel Alito to delay the appeals court decision until the full Supreme Court decides whether it will review the case. |
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Skype Outage Raises VoIP Reliability Issues
Venture Business News |
2007/08/20 10:40
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IDC analyst Rebecca Swensen said the Skype outage -- traced to Microsoft's set of Windows updates rolled out last week -- serves as a reminder that the reliability of VoIP is not the same as traditional telephone networks, but she pointed out that, historically, Skype's network has been reliable, and said that the reliability of VoIP is improving. Skype said that the disruption of its service that occurred globally last week had been triggered by a massive rebooting of Windows computers around the world, and that no malicious activities or security issues had been involved. The high number of restarts, which occurred as the Windows computers rebooted after receiving a routine set of patches through Windows Update, "affected Skype's network resources," wrote Skype spokesperson Villu Arak on Monday morning. The reboot unleashed a flood of log-in requests, which -- when combined with the lack of existing peer-to-peer network resources because of the rebooting -- "prompted a chain reaction that had a critical impact." Normally Skype's peer-to-peer network has an inbuilt ability to self-heal, Arak observed. However, last week's interruption of service "revealed a previously unseen software bug within the network resource allocation algorithm which prevented the self-healing function from working quickly," he explained. |
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Comcast Wins Legal Battle With Direct T.V.
Breaking Legal News |
2007/08/20 10:05
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A legal battle between Comcast Corp. and the DirecTV Group in Los Angeles ended in DirecTV having to stop attacking Comcast in its ads.
The two companies charged each other with false advertising, but Comcast won out last week when U.S. District Judge John Grady told DirecTV it can't cite false studies claiming its High definition product is better than Comcast's, said The Hollywood Reporter Sunday.
DirecTV was using "favorable results" from a TNS survey in recent ads, though the judge said the survey compared a DirecTV digital signal to an analog signal from Comcast.
Another ad cited a survey from Alliance Consulting Group of professional home-theater installers that claimed they preferred the picture quality of DirecTV over cable, though the judge deemed that one unfair, as well.
Grady's ruling said DirecTV must "immediately cease and refrain in any territory in which Comcast provides cable television" advertising any claims stemming from the TNS or Alliance Consulting Group surveys. |
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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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