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US attorney firings weighed in 2005
Legal Business | 2007/03/16 15:20

In early 2005 the Justice Department advocated the removal of up to 20 percent of the nation's US attorneys whom it considered to be "underperforming" but retaining prosecutors who were "loyal Bushies," according to e-mails released by Justice late yesterday.

The three e-mails also show that presidential adviser Karl Rove asked the White House counsel's office in January 2005 whether it planned to proceed with a proposal to fire all 93 federal prosecutors. Officials said yesterday that Rove was opposed to that idea but wanted to know whether the Justice Department planned to carry it out.

The e-mails provide new details about the early decision-making that led to the firings of eight US attorneys last year, indicating that Justice Department officials endorsed a larger number of firings than has been disclosed and that Rove expressed an early interest in the debate.

The messages also show that an internal administration push to remove a large number of federal prosecutors was well underway even as Alberto R. Gonzales, then the White House counsel, was preparing for Senate hearings on his nomination to be attorney general.

Gonzales talked "briefly" in December 2004, the messages show, with D. Kyle Sampson, who would become his chief of staff at the Justice Department, about the plan to remove US attorneys. Justice spokeswoman Tasia Scolinos said Gonzales has "no recollection" of discussing the prosecutors' firings at the time, when he was preparing for his January 2005 confirmation hearings.

The dismissals, and the Bush administration's shifting explanations for them, led a growing number of lawmakers to demand Gonzales's resignation this week. Justice Department documents released Tuesday contradicted the contention that the White House was not closely involved.

A second Republican, Senator Gordon Smith, Republican of Oregon, called for Gonzales's ouster yesterday. Senator John E. Sununu, Republican of New Hampshire, said Wednesday that Gonzales should resign.

"The senator believes, as a matter of credibility, it would be most helpful to have an attorney general we can have full confidence in," said Smith's spokeswoman.

Senator Mark Pryor of Arkansas, one of six Democrats to support Gonzales's confirmation, also demanded his resignation after learning of e-mails that showed Justice Department officials planning to circumvent Pryor on the replacement for a fired Little Rock US attorney in 2006. Pryor said Gonzales had told him there was no attempt to avoid his input.

None of the three new e-mails is from Rove himself. They are part of a string of e-mail correspondence among other officials.



Three of five officers reportedly indicted
Breaking Legal News | 2007/03/16 15:19
Attorneys say a grand jury has indicted three of the five New York City police officers involved in the 50-shot barrage that killed an unarmed man on his wedding day.

A source tells The Associated Press the other two officers weren't charged.

The decision follows three days of grand jury deliberations that had the city on edge as New Yorkers anxiously awaited word on the fate of the officers. Extra police officers were put on standby and the mayor met with black leaders in the Queens neighborhood where shooting occurred.

The decision comes nearly four months after 23-year-old Sean Bell was shot and killed and two of his friends were wounded in a shooting that led to angry protests and accusations of racism against the N-Y-P-D.

The Reverend Al Sharpton says the charges mark an important first step in the fight for justice in the case.


Law firm secretary accused of ID theft
Breaking Legal News | 2007/03/16 11:53

A former law firm secretary in Louisa County has been charged with using a lawyer's identity to rake in more than 145-thousand dollars in cash and merchandise. Authorities say 27-year-old Paula Jean Hufner used a computer to open two credit accounts in the name of an attorney at Acme Law Firm. She allegedly used the credit to buy several items, including a four-wheeler and a boat.

She's also accused of going online to siphon more than 80-thousand dollars from the attorney's personal bank account. According to the indictment, some of that money was used to pay down the balances on the two fraudulent credit accounts.

Hufner was arrested yesterday on charges of identity theft, access device fraud, bank fraud, aggravated identity theft and mail fraud. She faces up to 102 years in prison if convicted on all counts.



Iraq court endorses death for ex-official
International | 2007/03/16 11:52

An Iraqi appeals court Thursday endorsed the death sentence of Taha Yassin Ramadan, vice president under Saddam Hussein. The Court of Cassation had previously overturned the criminal court's original verdict that sentenced Ramadan to life in prison, saying he, like Saddam Hussein and two other former aides, should be put to death. The court amended the verdict to death and the cassation court Thursday approved it.

Saddam was hanged in December, while his half brother Barzan al-Tikriti and Awad al-Bandar, former head of the Revolutionary Court, were executed in January on charges of killing 148 people in the Shiite town of Dujail following a foiled assassination attempt against the former president in 1982.

Now Ramadan is expected to be hanged within the next 30 days.

Meanwhile, officials in Baghdad announced the death of former National Assembly speaker Saadoun Hammadi, presumably while in custody. Mohammad Hamza al-Zubaidi, the former deputy prime minister under Saddam's regime, died of a reported heart attack last year while in U.S. custody in Iraq.



Texas gas prices continue to rise
World Business News | 2007/03/16 11:51

Retail gasoline prices rose in Texas this week for the sixth week in a row.

But the weekly AAA Texas gas price survey released today finds the upward trend slowed this week.

The statewide average price for regular-grade gasoline rose 3 cents this week to $2.41 per gallon. That's after an 11 cent increase the week before. Nationally, the price average rose 4 cents per gallon to $2.55 per gallon.

Auto club spokeswoman Rose Rougeau says strong consumer demand, a relatively high crude oil price and seasonal refinery conversions to warm-weather blends are behind the price spikes.

The most expensive regular-grade gasoline is in Amarillo, where the average price rose five cents this week to $2.51 per gallon. Drivers are paying an average of $2.40 a gallon in Austin and San Marcos. The cheapest gas is in Corpus Christi, where it rose a penny to $2.32 per gallon.



Nursing home lawsuit involves Inland facilities
Breaking Legal News | 2007/03/16 10:57

A Long Beach attorney has sued a national nursing home corporation, which owns three Inland area facilities, claiming residents did not receive adequate care as they were promised.

Stephen Garcia said Friday that he filed the lawsuit on behalf of more than a dozen residents of 13 Life Care Centers of America located in Southern California. The lawsuit was filed Thursday in Orange County Superior Court on behalf of a woman who was a resident at Lake Forest Nursing Center, which is a Life Care Centers facility in Lake Forest.

Garcia said he might ask a judge to certify the lawsuit for class-action status, which could include thousands of Life Care Centers residents.

Life Care Centers of America, based in Cleveland, Tenn., owns more than 260 centers in 28 states, according to its Web site. No one there could be reached Friday.

Mark Krueger, Life Care's regional vice president in Corona, also could not be reached.

Life Care Centers' Inland area facilities are in Barstow, Corona and Sun City. Garcia did not immediately know the names of residents in those facilities who are part of the lawsuit.

Garcia said he wants an independent monitor to be appointed to oversee the nursing homes to make sure residents get appropriate care.

"We'll drop the lawsuit if they agree to get an independent monitor," he said. "We already sent a lengthy letter, and they ignored it."

Garcia claims Life Care Centers facilities provides residents substandard care and violates their rights. The corporation promises specific medical and therapeutic care but does not do so, he said.

Garcia claims the corporation shortchanges residents on care so it can keep more of its profits.

"The problem is the facilities don't have the staff to meet the needs of the residents," he said. "There's nothing wrong with making a fair profit. But this is a moneymaking bonanza."

Garcia said Life Care Centers facilities have been "unpoliced" because the California Department of Health Services, which regulates nursing homes, does not have time to inspect them.

Department spokesman Mike Bowman said he could not comment because he had not seen Garcia's lawsuit.

The U.S. Department of Health and Human Services' Web site shows Life Care Center of Corona was last inspected Dec. 23, 2005. Sun City Convalescent Center last was inspected Oct. 5, 2006. Rimrock Villa Convalescent Center in Barstow last was inspected April 13, 2006.

"We need to get someone in there to look after these people," Garcia said. "We're talking about our mothers, fathers, grandfathers and grandmothers."



Rove, Gonzales discussed firings, e-mails show
Breaking Legal News | 2007/03/16 08:16

White House advisor Karl Rove originally suggested firing all 93 US Attorneys in January 2005, according to an email conversation released by the US Department of Justice Thursday. The e-mails appear to contradict the White House's assertion Tuesday that the idea to comprehensively dismiss US Attorneys first came from former White House counsel Harriet Miers.

In an email from Kyle Sampson at the Justice Department to US Attorney General Alberto Gonzales, former-deputy White House Counsel David Leitch and Colin Newman of the White House Counsel's Office, Sampson said that Rove had asked whether the administration planned to fire all US attorneys.

Sampson said that the White House Counsel's Office planned to fire "underperforming" attorneys, further stating that the majority of US Attorneys are "are doing a great job, are loyal Bushies." The emails also reveal that Gonzales discussed the firings several weeks before he was confirmed as attorney general.



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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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