|
|
|
Jury deliberating in Fla. tobacco trial
Court Watch |
2009/02/13 08:33
|
A jury is deliberating a key phase in the first of 8,000 Florida lawsuits blaming health problems and deaths on tobacco companies.
The six-person Broward County jury must decide whether Stuart Hess was addicted to cigarette nicotine before he got lung cancer and died. If so, the jury would later decide any damages against the Philip Morris tobacco company.
The lawsuit by widow Elaine Hess is the first to go to trial since the Florida Supreme Court in 2006 threw out a $145 billion class-action jury award, ruling that each case had to be proven individually. Hess' lawyers said Thursday he was hopelessly addicted to nicotine. The lawyer for Philip Morris said Hess chose not to quit despite known health risks. |
|
|
|
|
|
GOP takes e-mail case to NJ court
Political and Legal |
2009/02/13 08:32
|
Republican Party officials in New Jersey have asked the state's highest court to consider whether Gov. Jon Corzine should be forced to release e-mails he exchanged with the union leader he once dated.
Party spokesman Todd Riffle said papers were filed late Wednesday asking the state Supreme Court to hear the case.
GOP leader Tom Wilson hopes to get the court to order the Democratic governor to release the e-mails he and his staff exchanged with Carla Katz. Corzine dated Katz, the leader of the state's largest state worker union, before he became governor. Wilson argues that the public has the right to see the e-mails Corzine and his staff exchanged with Katz during the 2007 labor talks to ensure no backdoor negotiations took place. "The public has the right to judge for themselves whether Corzine's conduct was appropriate," Wilson said in a statement Thursday. "To do so, they need to see the e-mails and look at Corzine's actions on this contract." Corzine and Katz were involved in the negotiations, though neither were principal negotiators. Corzine has said the two did not discuss the contract. Katz, in court papers, however, argued that the e-mails should remain private because they involve contract talks, which are exempt from Open Public Records Act requests. An appellate court ruled unanimously last month that Corzine's e-mails could stay private. That decision overturned a trial court ruling ordering the e-mails released. The Appeals Court said the governor's electronic correspondence was protected by executive privilege, a legal principle that allows members of the executive branch of government to keep certain communications confidential in order to govern effectively. |
|
|
|
|
|
La. hotel chain doesn't owe foreign workers
Law Center |
2009/02/13 06:35
|
A federal appeals court has ruled a Louisiana hotel chain wasn't obligated to cover the relocation expenses incurred by immigrant workers recruited to work in New Orleans after Hurricane Katrina.
The 5th Circuit Court of Appeals on Wednesday dismissed a lawsuit accusing Decatur Hotels of exploiting foreign workers it hired after the August 2005 storm scattered many of its employees.
The suit claims Decatur Hotels violated the Fair Labor Standards Act when it refused to reimburse foreign workers for recruitment, transportation and visa expenses. Decatur's foreign workers spent up to $5,000 apiece to relocate to New Orleans. A three-judge panel concluded the law doesn't require an employer to cover any of those expenses. |
|
|
|
|
|
Grand jury: Miss. athlete's gunshot death accident
Criminal Law |
2009/02/13 04:33
|
A Mississippi grand jury has ruled that the shooting death of a star high school football player during a traffic stop was accidental.
The ruling Thursday tracks the conclusion of the initial investigation that Billey Joe Johnson had shot himself with a 12-gauge shotgun.
The 17-year-old's death has inflamed suspicion since Dec. 8. That's when the standout running back at George County High School was killed after a deputy stopped him for running a red light. Johnson's family and the NAACP had rejected suicide as the cause of the death. They have said he had too much to live for including a shot at playing in the NFL. THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below. LUCEDALE, Miss. (AP) — A Mississippi grand jury is expected to release its report on the shooting death of a star high school football player during a traffic stop. An initial investigation concluded that Billey Joe Johnson had shot and killed himself with a 12-gauge shotgun. The 17-year-old's death has inflamed suspicion since Dec. 8. That's when the standout running back at George County High School was killed after a deputy stopped him for running a red light. Assistant District Attorney Brice Wiggins says the grand jury's report is expected at a hearing Thursday afternoon in George County Circuit Court in Lucedale. Johnson's family and the NAACP have rejected suicide as the cause of the death. They say he had too much to live for including a shot at playing in the NFL. |
|
|
|
|
|
Court weighs contempt motion in Calif. prison case
Legal Business |
2009/02/13 03:36
|
A federal appeals court on Thursday began considering whether Gov. Arnold Schwarzenegger can be held in contempt for refusing to release money to improve inmate health care, testing the limits of federal intrusion into states' control of their prisons.
In a hearing before the 9th U.S. Circuit Court of Appeals, Deputy Attorney General Daniel Powell argued that a judge's demand for a $250 million down payment violates state sovereignty and federal law. A court-appointed receiver wants that money to go toward his $8 billion plan to build seven new medical and mental health facilities for the state's 33 adult prisons.
Powell told the three-judge panel that the plan goes far beyond what's needed to remedy the prison health care system. The state cited proposed amenities such as therapy rooms, basketball courts and bingo boards. Powell added that the state already has taken steps to improve care that has been ruled unconstitutional. The demand for billions to improve inmate medical care comes during a time of "extreme fiscal crisis," the state argued. California is struggling to bridge a $42 billion budget gap, furloughing employees two days each month, cutting billions from education and social services and considering a variety of tax increases. |
|
|
|
|
|
Noted Miss. attorney pleads guilty to mail fraud
Attorneys in the News |
2009/02/12 08:47
|
A noted anti-tobacco attorney jailed for conspiring to bribe a Mississippi judge pleaded guilty to mail fraud Tuesday in a second bribery scheme.
Richard "Dickie" Scruggs admitted he was involved in a scheme to entice a judge to rule in his favor in an asbestos case by promising he'd be appointed to the federal bench with help from Scruggs' brother-in-law, former U.S. Sen. Trent Lott.
Scruggs, who already is serving five years in jail, was sentenced Tuesday to a seven-year term that will run at the same time, basically adding two years to his sentence. He was also fined $100,000. Scruggs' name was also removed from a sealed indictment that has not been made public. U.S. Attorney Jim Greenlee declined to give details about it. Scruggs, who was in leg-irons and wore a dark suit during the hearing, told the court that the first time he pleaded guilty he had vowed to come out of the ordeal a better man, a pledge he renewed Tuesday. "I acknowledge and own up fully to my role and responsibility," Scruggs told the court. "I'm going to do everything I can to make it as right as I can. I'm going to cooperate fully with federal authorities." U.S. District Judge Glen H. Davidson told Scruggs he had recently read a saying he thought was fitting: "The Romans had a proverb that money was like sea water. The more you drink, the thirstier you become." Scruggs, who was led out of the courthouse in an orange jumpsuit and shackles, did not acknowledge reporters as he was loaded into a white van with dark-tinted windows. Lott, who talked to Hinds County Circuit Judge Bobby DeLaughter but ultimately recommended someone else, has not been accused of wrongdoing. Scruggs, 62, gained national prominence and earned hundreds of millions of dollars in the 1990s with a case that led to a multibillion-dollar settlement from tobacco companies. His efforts were portrayed in the 1999 film "The Insider" starring Al Pacino and Russell Crowe. But his star fell last year when he admitted conspiring to bribe another Mississippi judge in a dispute over $26.5 million in legal fees from Hurricane Katrina insurance cases. He was disbarred and is serving a five-year sentence in a federal prison in Kentucky. The judge recommended he be moved to a prison closer to his Oxford home to be near family and the federal authorities investigating the bribery case. Scruggs asked to be sent to the same Arkansas prison where his son is jailed for knowing about the Katrina bribery scheme and not reporting it. |
|
|
|
|
|
Facebook appraisal pegs company's value at $3.7B
Venture Business News |
2009/02/12 08:44
|
Facebook Inc. quickly concluded it wasn't worth anywhere near the $15 billion market value implied in a 2007 investment made by Microsoft Corp., according to confidential information obtained Wednesday from court documents.
In a transcript of a June court hearing that was closed to the public, lawyers arguing over a legal settlement revealed Facebook's own appraisal had priced its privately held stock at $8.88 per share, giving it a market value of about $3.7 billion.
The Palo Alto-based company relied on the appraisal to value employee stock options fairly and avert possible tax problems. Facebook, which runs the Internet's largest social network, made the assessment after striking an October 2007 deal with Redmond, Wash.-based Microsoft. As part of a broader advertising partnership with Microsoft, Facebook agreed to sell a 1.6 percent stake to the software maker for $240 million. The Microsoft investment implied Facebook's stock was worth $35.90 per share — a figure that was relied upon in the settlement of a lawsuit that accused the company's founder, Mark Zuckerberg, of stealing the idea for his online hangout from three former classmates who started another social network called ConnectU. Facebook spokesman Barry Schnitt declined to comment on any of the figures obtained from the court documents. Microsoft had no immediate comment. In last June's court hearing, Facebook's lawyers argued the company's appraisal of its common stock couldn't be held up as an apples-to-apples comparison with the Microsoft investment because the software maker bought Series D preferred stock. Microsoft also had an incentive to pay a premium for Facebook's stock because it wanted to deepen its ties to the company's popular Web site, whose worldwide audience of 150 million people could eventually attract billions of dollars in advertising. Analysts believe Facebook generated somewhere between $250 million and $300 million in revenue last year. Lawyers opposing Facebook said the company cited the $35.90 per share figure in the settlement negotiations. |
|
|
|
|
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. |
Law Firm Directory
|
|