Today's Date: Add To Favorites
Court rules that magistrate may preside
Court Watch | 2008/05/12 08:33
The Supreme Court ruled Monday that a federal magistrate may preside over jury selection in criminal cases, as long as the attorney for a defendant explicitly permits it. The 8-1 decision came in a drug-trafficking case from Laredo, Texas, where a lawyer for defendant Homero Gonzalez allowed a magistrate to oversee the questioning of prospective jurors. On appeal, Gonzalez argued that the court should have obtained his consent before a magistrate presided.

In the majority opinion, Justice Anthony Kennedy said federal law allows the practice and that "this is not a case where the magistrate judge is asked to preside or make determinations after the trial has commenced." Justice Clarence Thomas dissented, saying, "Whatever their virtues, magistrate judges are no substitute" for U.S. District Court judges.

U.S. District judges are appointed by the president, confirmed by the Senate, have life tenure and their salaries cannot be reduced. Magistrates, appointed by U.S. District judges, have no such protection.

A Mexican citizen, Gonzalez does not speak fluent English and did not have an interpreter at the bench conference where his attorney consented to designating the magistrate for the task.

Ordinarily, U.S. District Court judges participate in selecting juries for criminal and civil trials, a process known as voir dire.

Lawyers regard voir dire as one of the most important parts of a case because it often uncovers biases, leading to excluding members of the group of citizens from which a jury is selected.

There are more than 500 federal magistrate judges, who serve eight-year terms and are recommended by a citizen's merit screening committee. The magistrate setup was begun by Congress in 1968, expanding on a system that is 175 years old.

Faced with increasing caseloads, the federal judiciary assigns an array of duties to magistrates. Those include initial proceedings in criminal cases, presiding over some minor criminal trials and trials of civil cases with the consent of both sides.



Court won't block US lawsuit by apartheid victims
Breaking Legal News | 2008/05/12 08:32
The Supreme Court said Monday that it can't intervene in an important dispute over the rights of apartheid victims to sue U.S. corporations in U.S. courts because four of the nine justices had to sit out the case over apparent conflicts.

The result is that a lawsuit accusing some prominent companies of violating international law by assisting South Africa's former apartheid government will go forward.

The court's hands were tied by federal laws that require at least six justices to hear any case before them.

Short of the required number by one, the court took the only path available to it and upheld an appeals court ruling allowing the suit to proceed.

The justices have ties to Bank of America, Bristol-Myers Squibb, Colgate-Palmolive, Credit Suisse, Exxon Mobil, Hewlett-Packard, IBM and Nestle, among nearly three dozen companies that asked the high court to step in.



MBIA loses $2.4 billion on write-downs
Business | 2008/05/12 06:31

MBIA Inc. reported Monday a loss of more than $2 billion for the first quarter after taking a $3.6 billion charge for losses on derivatives, but shares of the embattled bond insurer traded as much as 10% higher.

Posting its third straight quarterly loss, MBIA continues to struggle with business difficulties in the face of falling house prices and a global credit crisis, but Chief Executive Jay Brown sounded an optimistic note.

"MBIA continues to be a sound financial institution," Brown said in a statement. "We have ample liquidity, our balance sheet is built to withstand credit stress levels many multiples of what we're experiencing now, and our business model is proving that we are adequately capitalized to satisfy any potential claims on our insured portfolio."

Shares of MBIA rose more than 6% to $10.04 in morning action, after reaching an intraday high at $10.35.

The company's net loss was $2.41 billion, or $13.03 a share. MBIA had earned $198.6 million, or $1.46 a share, in the year-earlier first quarter.
During the latest quarter, it recorded a $3.6 billion unrealized loss on insured derivatives.



Kilpatrick Stockton merges with D.C. firm
Legal Business | 2008/05/12 04:38

A high-profile law firm with an office in Charlotte has merged with a leading financial services law firm, partners announced Monday.

Atlanta-based Kilpatrick Stockton, which has 500 attorneys in nine offices worldwide, combined with the smaller Washington, D.C., firm Muldoon Murphy & Aguggia.

The merger became effective last week, and the new firm will be known as Kilpatrick Stockton.

The combination brings together some of the nation's leading attorneys representing financial institutions and businesses in various industries, partners said.



Driver found guilty in crash that killed 5 in Ohio
Court Watch | 2008/05/12 03:37
A man has been found guilty in a wrong-way crash in Toledo, Ohio that killed a mother and four children.

Police say Michael Gagnon was driving drunk and in the wrong direction Dec. 30 when his pickup truck hit a minivan filled with eight people returning from a Christmas trip.

Police say Gagnon's blood-alcohol level was more than twice the legal limit.

Gagnon has pleaded no contest. He was found guilty Friday of aggravated vehicular homicide and aggravated vehicular assault and faces up to 50 years in prison.



Japan court rejects US nuclear carrier suit
International | 2008/05/11 08:34
A Japanese court Monday rejected a lawsuit demanding a halt to harbor work to accommodate a U.S. nuclear-powered aircraft carrier that is to be based south of Tokyo starting in August, a court spokeswoman said.

The suit by 635 plaintiffs aimed to stop the deepening of the harbor in Yokosuka, site of the U.S. naval base where the nuclear-powered USS George Washington is to be deployed, replacing the aging diesel-powered USS Kitty Hawk.

The carrier has sparked protests among Yokosuka residents who fear it poses a health danger. Many in Japan, the only country to be attacked by nuclear weapons, are also sensitive about any military use of nuclear technology.

Yoshie Ueki, a spokeswoman for the Yokohama District Court, said the court turned down the suit. She did not provide any further information about the case.

The plaintiffs had argued the harbor work, which began last year, would spread pollution, kill fish and damage the livelihoods of fishermen. They also argued the warship would threaten people in surrounding areas with possible radiation leakage should an accident occur.

But presiding Judge Tsuyoshi Ono rejected their claims, saying the harbor work posed no danger to nearby residents, according to Kyodo News agency.

The deployment of the USS George Washington marks the first time a U.S. Navy nuclear-powered vessel will be permanently based in Japan. The move is part of the U.S. military's effort to modernize its forces in East Asia — an area of potential flash points with North Korea or China.

Nuclear-powered warships have visited Japanese ports hundreds of times since 1964, and the United States has provided firm commitments to Tokyo regarding their safe use of Japanese harbors.

The United States has about 50,000 troops stationed in Japan under a mutual security pact.



Invoking history, Bush wants court out of subpoena fight
Breaking Legal News | 2008/05/10 08:36
If there's one thing Congress and the Bush administration can agree on, it's that they've got a fight of historic proportions on their hands.

The House Judiciary Committee is demanding documents and testimony from President Bush's closest advisers about the firing of federal prosecutors.

When the White House refused, the Democrat-led committee went to court. Lawyers called the president's actions the most expansive view of presidential authority since Watergate.

Late Friday night, the Bush administration responded with court documents of its own, similarly steeped in history. Lawyers called the lawsuit unprecedented. Citing George Washington and Grover Cleveland, Richard Nixon and Bill Clinton, they said these types of clashes get resolved without going to court.

"For over two hundred years, when disputes have arisen between the political branches concerning the testimony of executive branch witnesses before Congress, or the production of executive branch documents to Congress, the branches have engaged in negotiation and compromise," Justice Department lawyers wrote.

The idea the Congress can't order the president or his advisers to do something is a principle known as executive privilege. That privilege isn't spelled out in the Constitution and courts are rarely asked to decide exactly what it means. And when they have been asked, judges have tried to avoid getting too specific.

"Never in American history has a federal court ordered an executive branch official to testify before Congress," lawyers for the White House wrote.

That makes for a murky area of law and the Bush administration is urging U.S. District Judge John D. Bates not to tidy it up. The ambiguity fosters compromise, political solutions and the kind of give and take that the Founding Father envisioned, attorneys said.

Clearing it up "would forever alter the accommodation process that has served the Nation so well for over two centuries," attorneys wrote.

Congress wants to know whether the Bush administration fired several U.S. attorney for political reasons. That controversy contributed to Attorney General Alberto Gonzales resigning last year.

The Judiciary Committee subpoenaed former White House counsel Harriet Miers to testify and demanded documents from President Bush's chief of staff, Josh Bolten.



[PREV] [1] ..[731][732][733][734][735][736][737][738][739].. [1200] [NEXT]
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
Trump administration reaches..
Trump is threatening to bloc..
Justice Department steps up ..
Amazon cuts about 16,000 cor..
Minneapolis shooting scrambl..
A federal judge is set to he..
Malaysia and Indonesia becom..
Sean ‘Diddy’ Combs is deni..
Maduro Pleads Not Guilty, Cl..
Iran executes a man convicte..
Trump administration rolls o..
China stages military drills..
Public release of Epstein re..
US announces massive arms sa..
Trump bans travel from 5 mor..


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 and help you redesign your existing law firm site to secure your place in the internet.
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
East Greenwich Family Law Attorney
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
  Law Firm Directory
 
 
 
© ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Affordable Law Firm Web Design