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Investigators find Interior official broke federal rules
Breaking Legal News | 2007/03/31 07:43

The US Deputy Assistant Secretary for Fish, Wildlife and Parks violated federal rules against sharing non-public endangered species information with private industry groups, according to an investigative report released Thursday. Julie MacDonald, who joined the Bush administration in 2002, admitted that she gave internal US Interior Department and Environmental Protection Agency (EPA) information to private groups including the Pacific Legal Foundation and the California Farm Bureau Federation. The investigation into MacDonald's activities also uncovered two emails that she sent to individuals with e-mail addresses ending in "chevrontexaco.com."

US Interior Department Inspector General Earl Devaney conducted the investigation into MacDonald's activities and documented comments by other US Interior Department officials who characterized MacDonald as favoring developers by "manipulating science" in an effort to meet her policy goals as a political appointee. US Rep. Nick Rahall (D-WV), chairman of the US House Natural Resources Committee, officially released Devaney's report and said he plans to conduct a hearing in May to address concerns "on whether politics is infiltrating decisions" by governmental officials on environmental issues.



Gonzales pledges to remain on job
Breaking Legal News | 2007/03/30 21:59

US Attorney General Alberto Gonzales defended his role in the firings of federal prosecutors Friday, admitting that there has been some confusion but that his involvement in the matter was limited to signing off on recommendations made by his former chief of staff Kyle Sampson. Gonzales told reporters that his motivations for the decisions "were not based on improper reasons." Sampson, who resigned earlier this month, told the Senate Judiciary Committee Thursday that the prosecutors were fired for political reasons rather than for poor performance as the Justice Department has claimed. Sampson also said Gonzales did more than merely follow his recommendations, that Gonzales and former White House counsel Harriet Miers were deeply involved in the firings.

In Friday's White House press briefing White House spokesperson Dana Perino contradicted told reporters that despite any reports to the contrary, the President has "100 percent confidence" in Gonzales.



Mass. gov. seeks stem cell rule reversal
Biotech | 2007/03/30 21:59

Massachusetts Governor Deval Patrick (D) said Friday he plans to reverse the restrictions placed on stem cell research by former governor and Republican presidential candidate Mitt Romney. Patrick emphasized during a meeting with the state Life Sciences Collaborative that "life sciences should be guided by science, not ideological politics."

He also announced his intention to ask the Massachusetts Public Health Council to revisit the stem cell policy it approved last August. The 2005 stem cell law, which banned embryo farming and prohibited district attorneys from charging scientists who conducted embryonic stem cell research, was vetoed by the former governor. Romney's subsequent restrictions placed additional limits on embryo research. Patrick said reversing Romney's stem cell limitations will restore the legislature's intent.



Court takes strike option from Northwest attendants
Court Watch | 2007/03/30 20:02

Northwest Airlines Corp. flight attendants can't strike over pay cuts at the bankrupt carrier, a U.S. appeals court said, upholding a federal judge's ruling. "Although this is a complicated case, one feature is simple enough to describe: Northwest's flight attendants have proven intransigent in the face of Northwest's manifest need to reorganize," a three-judge panel of the U.S. 2nd Circuit Court of Appeals said Thursday.

The ruling gives Northwest the advantage in stalled talks with attendants, who hoped to gain leverage with the chance to strike the airline. They're balking at $195 million in annual pay and benefit cuts imposed as the carrier works toward a second-quarter bankruptcy exit.

Northwest enacted the cuts July 31 after the union for its 9,300 attendants rejected two contracts negotiated by their leaders. The savings are part of the Eagan, Minn.-based airline's $1.4 billion in annual reductions in labor spending.

Northwest said in a statement that it was pleased with the ruling and that it hoped to reach a consensual agreement with the Association of Flight Attendants-CWA.

The union was "very surprised" by the decision, spokesman Ricky Thornton said, and the group is considering whether to appeal.

The union wants the National Mediation Board that governs airline labor disputes to "release" it from talks with Northwest, triggering a 30-day countdown to a possible strike. The sides last met face to face Feb. 2, and no new talks are scheduled. The attendants are urging federal lawmakers to press the mediation board to grant the release.

Unlike Northwest's other unions, the attendants don't have a claim in the airline's bankruptcy. The group would have had a $182 million claim had it ratified a contract in 2006. Thornton said there is a risk the attendants will get nothing if they don't reach an agreement before Northwest exits bankruptcy.

In its ruling, the appeals court said the U.S. Railway Labor Act "forbids an immediate strike when a bankruptcy court approves a debtor carrier's rejection of a collective-bargaining agreement" that is subject to the act and allows imposition of new terms.

"For airline unions, this is a big setback," said John Gallagher, a lawyer for the Air Transport Association, the Washington-based trade group for major U.S. airlines.

Northwest filed for bankruptcy Sept. 14, 2005, the same day as larger rival Delta Air Lines Inc. Delta expects to exit bankruptcy by April 30.



Class Action Filed as to Tainted Pet Foods
Class Action | 2007/03/30 15:28

With a continuing rise in the number of pets harmed or killed by tainted pet food, the next inevitable phase of the calamity is unfolding: Lawsuits. At least six class action suits already have been filed against Menu Foods, the Canadian firm that has recalled millions of servings of pet food that it manufactures for 42 brands of cat food and 53 brands of dog food sold nationwide.

In Oregon alone, at least 28 animals have died after eating the food - including five dogs in Springfield and one in Pleasant Hill, and two cats each in Eugene and Springfield and one in Pleasant Hill. Ill animals also have been listed in Veneta and Cottage Grove, according to the latest numbers from the Oregon Veterinary Medical Association.

"This is really tragic. It sounds like it is going to be really huge," said Michele Smith, an attorney with the Eugene firm of Johnson Clifton Larson & Schaller.

People with potential legal claims react in different ways, she said. Some wait until most of the facts are known. Others want to rush right to a lawyer, Smith said.

advertisement Pet owners such as Allan Hall of Eugene are not waiting. Hall said he has been angry since his 15-year-old dachshund, Tabbitha, died March 13, within days of eating food that was subject to the recall.

"This was my best friend for 15 years. I was with her since she was six weeks old," Hall said Thursday.

Hall compiled his veterinary records, got help from a retailer to get a copy of his receipt for the food and contacted the Food and Drug Administration to register his case. Then he got on the Internet to contact a law firm in Wisconsin that has filed a class action lawsuit.

"I am interested in joining a class action lawsuit," Hall said. "The only thing that will make me feel better is that this company will not make pet food again. That's what I want."

Smith said pet owners should save unused food portions, labels from containers, store receipts, veterinary reports and bills, along with photographs of their pet or other evidence that might bolster their legal claims.

The Menu Foods litigation is only beginning, she said. Company and government officials have not yet confirmed the source of the problem, much less who may be responsible and what can be done about it. The company has said publicly that it will cover the veterinary bills of affected animals.

Nevertheless, hundreds of pet owners already have contacted the Seattle law firm of Myers and Company, one of the firms seeking class action status for a lawsuit against Menu Foods, said Tom Baisch, an associate attorney with the firm.

Affected pet owners need not hurry to sue, he says. The first hurdle will be convincing a judge that the cases are enough in common to be handled as a class. If so, the cases will be consolidated, with a panel of attorneys working to resolve it for all affected pet owners.

If a judge accepts the suit as a class action, affected pet owners are presumed to be a part of the class, he said. However, they need to file their information with the Food and Drug Administration or contact lawyers who have filed the lawsuits so they can receive information about the case, he said.

Pet owners can contact the FDA consumer complaint coordinator at (425) 483-4949 to report cases of illness or death due to the recalled food. Owners must report the specific product name, lot numbers of the product, and provide a veterinarian's report and diagnosis.

Owners need not pay legal fees to be part of the case. When the case settles, they can choose whether to accept the deal or withdraw and pursue their own lawsuit, Baisch said.

"It could take months. It could take years," Baisch said.

The list of recalled food: www.menufoods.com/recall



Law firm settle for $16 million over failed Enron deal
Breaking Legal News | 2007/03/30 15:26

A quasi-public trash agency that lost $220 million in a deal with Enron Corp. has agreed to a $16.25 million settlement with a Hartford-based law firm that gave advice on the doomed transaction. State Attorney General Richard Blumenthal and the Connecticut Resources Recovery Authority announced the settlement with Murtha Cullina LLP Thursday, after the agency's board of directors approved the proposal.

The CRRA and Enron deal that went into effect in March 2001 called for Enron to buy power produced at CRRA's trash-to-energy plant in Hartford and pay the agency nearly $2.4 million a month for more than 11 years. Under the agreement, CRRA transferred $220 million to Enron.

Enron, once the nation's seventh-largest company, sought bankruptcy protection in December 2001 when it could no longer hide billions of dollars in debt. The collapse wiped out thousands of jobs, more than $60 billion in market value and more than $2 billion in pension plans. Several executives were convicted and sent to prison.

The company stopped paying the CRRA after filing for bankruptcy protection.

Murtha Cullina did not admit any wrongdoing, and Blumenthal's office agreed to drop its lawsuit in return for the firm's cooperation in other lawsuits involving the failed Enron deal.

Blumenthal said the state has now recouped nearly $151 million of the $220 million lost by CRRA, which serves 118 Connecticut cities and towns.

''This $16.25 million recovers for the law firm's key contribution to the Enron catastrophe — misadvising CRRA about looming financial debacle and legal disaster in the deal,'' Blumenthal said.

The state has sued numerous major banks, accounting firms, rating agencies and other financial institutions across the country over the Enron deal, claiming they contributed to the company's fraud. Some of the cases have been settled, while about 20 others remain pending in federal court.

Late last year, the state reached a $21 million settlement with Hawkins, Delafield & Wood LLP, another law firm involved in the deal.

Blumenthal said Murtha Cullina failed to recognized the deal's flaws.

Alfred E. Smith Jr., managing partner for the law firm, maintained that its advice to the CRRA was proper, given the information at the time.

''The settlement appropriately reflects our long-held position that we did nothing wrong in this matter,'' Smith said Thursday. ''We settled because, despite the strength of our legal case, any litigation is uncertain.''

Smith said that at the time of the deal, no one knew that Enron was on the verge of collapse. He said many ratings agencies and other financial institutions believed Enron was stable.

''Looking back ... I'm sure none of us would have been involved (with Enron),'' Smith said.

CRRA officials had called the Enron deal a legitimate energy transaction, but Blumenthal said it was an illegal loan.



Former Chief Justice Drayton Nabers joining law firm
Legal Careers News | 2007/03/30 12:03

Former Alabama Supreme Court Chief Justice Drayton Nabers Jr. is returning to private practice after 28 years as a shareholder with Maynard Cooper & Gale PC, where he will focus his practice on mediation and arbitration. Nabers, a Republican, was appointed to the Alabama Supreme Court in 2004 after serving as the state's finance director under Gov. Bob Riley. He left the bench after his November election defeat by the current chief justice, Democrat Sue Bell Cobb.

A graduate of Princeton University and Yale Law School, Nabers began his legal career as a clerk to U.S. Supreme Court Justice Hugo Black. He went on to practice law for 12 years with a Birmingham firm, where he hired some of the attorneys who would go on to form Maynard Cooper & Gale, and left to join Protective Life Corp. in 1979. Starting out as general counsel, Nabers later became chairman, president and CEO of the corporation. He retired in 2002.

The author of "The Case for Character: Looking at Character from a Biblical Perspective," Nabers currently serves as an adjunct instructor at the Samford University Beeson Divinity School.

"After almost 30 years, it is a great pleasure to have the opportunity to practice alongside Drayton again," Fournier J. "Boots" Gale III, chairman of the firm's executive committee, said in a statement. Gale also serves as president of the Alabama State Bar.



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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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