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Whole Foods Takeover of Wild Oats on Hold
Court Watch | 2007/08/20 10:01
A federal appeals court said Monday it needs more time to consider whether to block Whole Foods Market Inc. (WFMI) from buying Wild Oats Markets Inc. (OATS).

The U.S. Court of Appeals for the D.C. Circuit temporarily put the deal on hold until it can hear more arguments although the three-judge panel said the decision "should not be construed in any way as a ruling on the merits" of the case.

The Federal Trade Commission on Friday asked the court to stay a decision Thursday by U.S. District Judge Paul L. Friedman that allowed the transaction to proceed. The agency wants to block the deal on antitrust grounds.

The panel ordered the FTC to explain by Wednesday afternoon why it appealed. Whole Foods will have until Thursday to respond. The accelerated schedule suggests the court plans to move quickly.

Whole Foods is blocked "from taking any further steps to acquire the stocks, assets or any other interest" in Wild Oats until the judges issue a further ruling.

Shares of Whole Foods fell $1.15, or 2.6%, to $43.19 Monday, while shares of Wild Oats fell 7 cents to $17.85.


AT&T Class Action Suit to Proceed
Class Action | 2007/08/20 09:59
A lawsuit alleging that AT&T's mobile phone customers received inferior service after the company's wireless division was sold to Cingular Wireless can proceed as a class action, a federal appeals court ruling, quoted by an Associated Press report said.

The Associated Press report said at issue was a clause in old Cingular contracts that forced customers to litigate their grievances independently, instead of grouping together for a class action lawsuit.

A three-judge panel in the 9th U.S. Circuit Court of Appeals ruled that the contract was a violation of California law.

The ruling is further condemnation of so-called "class action waivers," which other courts have ruled illegally shield companies engaged in potentially harmful conduct, the report said.

The court took a "clear position protecting consumers and their right to pursue class action relief," Bill Weinstein, one of the plaintiffs' lawyers, was quoted by the report as saying.

The case was filed as a national class action lawsuit in 2006 by Kennith Shroyer of Porterville, California, the report said.

Shroyer had switched his AT&T cell phone accounts to Cingular after Atlanta-based Cingular's $41 billion acquisition of AT&T Wireless Services in October 2004.

Shroyer claimed Cingular let AT&T's service deteriorate in a scheme to force AT&T customers to switch to Cingular under less favorable contract terms.

The US District Court for the Central District of California ordered the case into individual arbitration last year because of the class action waiver in Shroyer's contract, the report added.

The company said the ruling is based on language in an old contract, but didn't provide details as to how its new contracts differed.


Granholm appoints 2 judges to Michigan appeals court
Politics | 2007/08/20 04:56
Gov. Jennifer Granholm on Monday appointed two new judges to the 28-member Michigan Court of Appeals. Elizabeth L. Gleicher, of Pleasant Ridge, will replace Judge Jessica Cooper, who stepped down to start a private practice. Jane M. Beckering, of Grand Rapids, will replace Judge Janet Neff, who recently was appointed to the U.S. District Court in western Michigan. Gleicher, 52, most recently was an attorney in private practice after four years as owner and partner of a Royal Oak law firm.

She is a member of the Board of Visitors for Wayne State University Law School, where she once served as an adjunct faculty member. Gleicher earned her law degree from Wayne State University and got her bachelor's degree from Carleton College in Minnesota. Her term will expire Jan. 1, 2009.

Beckering, 42, most recently served as an attorney with Buchanan & Beckering, PLLC law firm and as a mediator for the Kent County Circuit Court. She earned her law degree from the University of Wisconsin and received her bachelor's degree from the University of Michigan.

Last year, Beckering ran unsuccessfully as a Democratic nominee in the Michigan Supreme Court election. Her term will expire Jan. 1, 2009.

Granholm, a Democrat, has appointed five judges to the appeals bench since taking office in 2003.

Michigan Supreme Court Chief Justice Clifford Taylor has said within recent months that four of the 28 appeals judgeships can be cut to save money during the state's budget crisis. But Granholm was unlikely to agree to limit her ability to replace vacancies on the appeals court, which former Republican Gov. John Engler filled with conservative-leaning appointees.



Court to decide on new Taylor trial delay
International | 2007/08/19 14:46
The Hague - Judges presiding over the war crimes trial of former Liberian president Charles Taylor are expected to decide on Monday when the case will resume after his new defence team asked for a delay.

The trial chamber of the Sierra Leone tribunal, moved to The Hague for Taylor's trial, will hold a procedural hearing Monday to discuss the request of Taylor's new lawyers to postpone the trial until January 7, 2008. The prosecution has supported the move but said in a separate motion that the length of the adjournment should be decided by the judges.

Taylor, 59, the first African head of state to stand trial before an international court for war crimes, sacked his first lawyer on the grounds that he had no chance of receiving a fair hearing.

His trial officially opened on June 4 but the case got bogged down by the legal wrangling about Taylor's defence and was delayed several times.

Finally a new defence team was installed mid-July but lead counsel Courtenay Griffiths has argued he need more time to prepare. The defence already has about 40 000 pages of witness statements and documents to read through with many more expected to come as the case moves forward.

Once one of Africa's most feared warlords, Taylor has pleaded not guilty to all 11 charges of war crimes and crimes against humanity including murder, rape and using child soldiers during the brutal 1991-2001 civil war in Sierra Leone.

Around 120 000 people were killed in the Sierra Leone conflict, with rebels mutilating thousands more, cutting off arms, legs, ears or noses.

Taylor is accused of arming, training and controlling Sierra Leone's notorious Revolutionary United Front (RUF), responsible for many of the mutilations, in exchange for still-unknown amounts of diamonds used to fund war.


'Grand Theft Auto' Maker Put On Notice By SEC
Securities | 2007/08/17 09:26

Take-Two Interactive Software Inc., maker of the "Grand Theft Auto" video game franchise, said Wednesday it received a Wells notice from the Securities and Exchange Commission indicating that the agency may file charges against the company following an investigation of its past stock options practices. It was the latest in a string of blows to Take-Two, which earlier this month delayed the release of its most important upcoming title, "Grand Theft Auto IV," and warned it would post a loss for the year. The company is also still reeling from a shareholder coup that ousted its former management earlier this year.

In an SEC filing, Take-Two said the SEC staff informed the company that it plans to seek authority from the Commission to file charges and pursue a civil monetary penalty.

The Wells notice gives Take-Two a final chance to respond to the SEC and convince the agency not to file charges.

In the filing, Take-Two said it expects "to resolve this investigation by means of a settlement rather than a contested litigation of charges ... the 'Wells' call represents a significant step forward towards that resolution."

Take-Two said in April it had received a formal order of investigation from the SEC.

The New York-based company had said a review uncovered a significant number of option grants that were backdated during a period of more than six years to August 2003.

In February, former Take-Two Chief Executive Ryan Brant pleaded guilty to criminal charges over backdating options, becoming the first ex-CEO to do so in recent probes into options irregularities at dozens of U.S. companies.



NSA spying programme argued at court hearing
Breaking Legal News | 2007/08/17 08:21

A US appeals court has agreed to weigh a government motion to dismiss a lawsuit alleging that the National Security Agency (NSA) monitored phone lines and emails without a warrant, but judges asked a government lawyer tough questions over the issue. The Electronic Frontier Foundation (EFF) filed a class action lawsuit against AT&T claiming the company violated the privacy rights of its customers when it cooperated with an NSA programme of monitoring AT&T customer phone calls and e-mail traffic without warrants.

Deputy Solicitor General Gregory Garre, representing the government, argued that letting the case go to trial, "would reveal the sources, methods and operational details" of government intelligence activities. The alleged monitoring is part of more rigorous surveillance practices put in motion after the terrorist attacks of 11 September, 2001.

After a two-and-a-half hour hearing, the US Court of Appeals for the 9th District, in San Francisco, said it will consider the dismissal motion as well as a one in a second lawsuit also challenging the NSA programme.

But Appeals Court judges Michael Daly Hawkins, Margaret McKeown and Harry Pregerson, peppered Garre with questions, challenging his argument that the state secrets privilege trumps the right of the plaintiffs to have their case heard.

Pregerson asked Garre how a court is to decide whether something the executive branch claims is a state secret is a secret, if the executive branch won't reveal what it claims is a secret.

"Who decides what's a state secret? Are we just a rubber stamp? We're just supposed to take the word of the executive?" Pregerson asked.

Garre responded that the court should give "the utmost deference" to the executive branch's claim that something is a state secret, but acknowledged that it is not an "absolute deference".

The EFF says that AT&T, at one of its offices in San Francisco, diverted internet traffic, including emails and Voice over IP (VoIP) phone calls, to a separate room in which NSA-authorised people monitored the network traffic. Robert Fram the attorney for EFF, said that just the act of diverting that traffic into a room controlled by the NSA proved their case against AT&T and that they would not have to try to risk violating the state secrets privilege by trying to disclose what was done with the information.

But Garre, in rebuttal, argued that if the surveillance done in that room was approved by a warrant, then there is no violation by the government or AT&T in diverting internet traffic to that surveillance room.

The second case is that of the Al-Haramain Islamic Foundation versus President George W. Bush, which claims the government engaged in warrantless surveillance of their organisation, in violation of its constitutional rights.

The appeals judges gave no indication when they might rule on the motion to dismiss. Lee Tien, an EFF staff attorney, said given the notoriety of the case, the judges could render a decision soon, but at the same time, given the gravity of the issues, they might take more time.



Hastert says he's not seeking re-election
Politics | 2007/08/17 08:16
Rep. Dennis Hastert, who was speaker of the House longer than any Republican, announced Friday morning he will not seek another term in Congress. "It was a great personal privilege and honor for this former teacher and wrestling coach to have been elected and to have served the American people," Hastert said in a news release. Hastert was scheduled to speak publicly about his decision at an event for supporters outside the Kendall County courthouse.

Retirement speculation has circulated since he forfeited the powerful speaker's post when Republicans lost control of the House in last year's elections. Hastert, 65, declined to run for minority leader, taking on a role as elder statesman among Republicans.

In his release, Hastert said his accomplishments as a congressman for his northern Illinois district and as House speaker weren't his own doing, but happened because of support from constituents, friends and colleagues.

"We worked together to pass legislation to provide a service or to meet the need or those we served," he said. "We fought for our beliefs and worked to improve our communities, our district and our country."

Hastert's retirement has local Democrats starting to boast they can win another congressional seat, even as the GOP vows it won't easily give up a seat it has held for two decades. Hastert was considered by many to be unbeatable in his northern Illinois district.

"Any Democrat thinking of getting into this race does so at his or her own peril," said National Republican Congressional Committee spokesman Ken Spain.

A Hastert vacancy is the second in Illinois that Republicans would have to contend with because retiring Rep. Ray LaHood is giving up a central Illinois congressional seat controlled by the GOP for nearly 90 years. LaHood will leave when his term ends in January 2009.

National Republicans "now have to defend another open seat in a blue state where the president is incredibly unpopular," said DCCC spokesman Doug Thornell.

Thornell said a race to replace Hastert would be a "a real opportunity" for Democrats in a "competitive district." The district stretches from Hastert's Plano home south of Chicago all the way to the Mississippi River.

Some local Democrats say they might snag Hastert's district away from Republicans because the populated areas are leaning more Democratic as people migrate there from the heavily Democratic city of Chicago in search of less expensive housing. They also point to last year's election, when two Democrats from Hastert's district won open seats in the Illinois Senate that had been held by Republicans.

"Times, they have a-changed," said state Sen. Michael Noland, one of those Democrats who now represents the Elgin area west of Chicago.

President Bush carried the district in 2004 with 55 percent of the vote.



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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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