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Attorneys challenging bankruptcy court
Legal Business |
2007/08/03 10:03
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Anticipating that the bankruptcy court may soon send child sexual-abuse lawsuits to trial, lawyers for the San Diego diocese are seeking to have a different federal judge determine how much the cases are worth. Attorneys for Bishop Robert Brom say a reason for the move is that they plan to make a legal challenge on constitutional grounds that is unsuited to be heard in bankruptcy court. But lawyers for nearly 160 men and women who have sued the Roman Catholic diocese for covering up sexual abuse by clergy members and others say the bishop is merely trying to duck the public specter of jury trials. Meanwhile, weeks of closed mediation talks with a federal magistrate have failed to produce a settlement of the abuse claims, nearly all of which were filed in 2003. A key question now is: What is likely to spur a settlement? Veteran legal observers say to look no further than last month's record, $660 million agreement between Los Angeles Cardinal Roger Mahony and attorneys for 508 plaintiffs to see the effect a looming trial has on settlement talks. The Los Angeles diocese settled on the eve of the first trial there. The matter of how to value the abuse lawsuits is set to be debated before federal bankruptcy Judge Louise DeCarl Adler on Aug. 23. She will consider a motion by the victims' attorneys to send dozens of the lawsuits back to state court for trial dates. The diocese wants to take the matter out of Adler's hands, however. Brom's attorneys, in a motion filed two weeks ago, are asking a U.S. District judge to estimate the value of the abuse lawsuits in a way that does not involve testimony in open court. In a response filed yesterday, attorneys representing the sexual-abuse victims called that idea "forum shopping." They said the diocese's action is about "fleeing a state court system that has resulted in average settlements well above the amount it wants to pay." The diocese has offered $95 million, or about $600,000 per victim on average, to settle the abuse lawsuits and emerge from Chapter 11 bankruptcy protection. Diocese attorneys say that offer reflects Brom's goal of trying to fairly compensate the victims while protecting the church's mission of educating Catholic children and ministering to the spiritual needs of parishioners. In court documents filed yesterday, plaintiffs' attorneys note that the Orange County diocese settled more than 90 abuse suits in 2004 for an average of $1.15 million apiece, and that the Los Angeles cases settled for $1.3 million on average. In March, on the first day of the bankruptcy case, Adler made it clear that she would "not be deciding the merits of the abuse cases." She said the value of the abuse claims will be resolved in one of three ways: They will be settled before a mediator, arbitrator or settlement judge; they may be estimated by the U.S. District Court; or they will be tried. Closed mediation talks continue before Magistrate Judge Leo Papas. An intense week of mediation is scheduled beginning Aug. 13, in advance of Adler's ruling on whether to release the cases for state court trials. The diocese's request to have the case-valuation issue decided by a U.S. District judge – whose power supersedes that of bankruptcy court judges – is expected to be considered soon. No hearing date has been set. One reason diocese attorneys give for wanting the matter placed before a U.S. District judge is that they hope to again argue that the 2002 California law allowing lawsuits regarding decades-old abuse incidents is unconstitutional. The diocese has raised that issue twice before in state court and once in federal court. It lost each time. A man with long experience mediating and deciding such complex and high-stakes issues is retired U.S. District Judge Lawrence Irving. "I've handled a lot of mass tort (personal-injury) cases, and one thing is typical of all of them: They never go to trial," Irving said. "What will force the diocese to settle these cases is to set them for trial immediately. And remember, both the bankruptcy judge and a U.S. District judge have the power to remand these cases for trial." |
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Court: FBI Violated Constitution in Raid
Breaking Legal News |
2007/08/03 10:01
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The FBI violated the Constitution when agents raided U.S. Rep. William Jefferson's office last year and viewed legislative documents in a corruption investigation, a federal appeals court ruled Friday. The court ordered the Justice Department to return any legislative documents it seized from the Louisiana Democrat's office on Capitol Hill. The court did not order the return of all the documents seized in the raid and did not say whether prosecutors could use any of the records against Jefferson in their bribery case. Jefferson argued that the first-of-its-kind raid trampled congressional independence. The Constitution prohibits the executive branch from using its law enforcement powers to interfere with the lawmaking process. The Justice Department said that declaring the search unconstitutional would essentially prohibit the FBI from ever looking at a lawmaker's documents. The U.S. Court of Appeals for the District of Columbia Circuit rejected that claim. The court held that, while the search itself was constitutional, FBI agents crossed the line when they viewed every record in the office without giving Jefferson the chance to argue that some documents involved legislative business. "The review of the Congressman's paper files when the search was executed exposed legislative material to the Executive" and violated the Constitution, the court wrote. "The Congressman is entitled to the return of documents that the court determines to be privileged." The raid was part of a 16-month international bribery investigation of Jefferson, who allegedly accepted $100,000 from a telecommunications businessman, $90,000 of which was later recovered in a freezer in the congressman's Washington home. Jefferson pleaded not guilty in June to charges of soliciting more than $500,000 in bribes while using his office to broker business deals in Africa. The Justice Department said it built that case without using the disputed documents from the raid. The court did not rule whether, because portions of the search were illegal, prosecutors should be barred from using any of the records in their case against Jefferson. That will be decided by the federal judge in Virginia who is presiding over the criminal case. "Today's opinion underscores the fact that the Department of Justice is required to follow the law, and that it is bound to abide by the Constitution," defense attorney Robert Trout, said, promising more legal challenges to "overreaching by the government in this case." The Justice Department did not immediately return messages seeking comment on the decision. Officials have said they took extraordinary steps, including using an FBI "filter team" not involved in the case to review the congressional documents. Government attorneys said the Constitution was not intended to shield lawmakers from prosecution for political corruption. The court was not convinced. It said the Constitution insists that lawmakers must be free from any intrusion into their congressional duties. Such intrusion, even by a filter team, "may therefore chill the exchange of views with respect to legislative activity," the court held. The case has cut across political party lines. Former House Speakers Newt Gingrich, a Republican, and Thomas Foley, a Democrat, filed legal documents opposing the raid, along with former House Minority Leader Bob Michel, a Republican. Conservative groups Judicial Watch and the Washington Legal Foundation were joined by the liberal Citizens for Responsibility and Ethics in Washington in supporting the legality of the raid. Following his indictment, Jefferson's supporters accused the Bush administration of targeting black Democrats to shift attention from the legal troubles of Republican congressmen. "We are confident that as this case moves forward, and when all of the facts are known, we will prevail again and clear Congressman Jefferson's name," Trout said Friday. Despite the looming investigation, Jefferson was re-elected to a ninth term in 2006. His win complicated things for Democratic leaders who promised to run the most ethical Congress in history. House Speaker Nancy Pelosi, D-Calif., stripped Jefferson of his seat on the powerful Ways and Means Committee and placed him instead on the Small Business Committee. He resigned that committee assignment after being indicted. The case was considered by Chief Judge Douglas H. Ginsburg, Judge Karen Lecraft Henderson and Judge Judith W. Rogers. |
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Katrina victims lose in appeals court
Insurance |
2007/08/03 08:01
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Hurricane Katrina victims whose homes and businesses were destroyed when floodwaters breached levees in the 2005 storm cannot recover money from their insurance companies for the damages, a federal appeals court ruled Thursday. The case could affect tens of thousands of rebuilding residents and business owners in Louisiana, Daniel E. Becnel, who represented 21 plaintiffs in the case, said. Insurers could have taken a "multibillion dollar hit" if the ruling had gone against the industry, said David Rossmiller, an insurance attorney and analyst. "This event was excluded from coverage under the plaintiffs' insurance policies, and under Louisiana law, we are bound to enforce the unambiguous terms of their insurance contracts as written," Judge Carolyn King wrote for a three-judge panel of the 5th U.S. Circuit Court of Appeals. As a result, the panel found those who filed the suit "are not entitled to recover under their policies," she said. More than a dozen insurance companies, including Allstate and Travelers, were defendants. Becnel said he planned to appeal. Xavier University said it would seek a rehearing, insisting the matter is ultimately one that should be decided by Louisiana courts. John Houghtaling, an attorney representing 400 property and business owners in claims against insurers, agreed. He's not involved in this case but is set to argue one with similar issues before a state appeals court next month. He ultimately expects the Louisiana Supreme Court to weigh in on the exclusion issue. "People from New Orleans need to realize this is not final," he said. "This is halftime." King said the federal appeals judges used their "best judgment" in trying to determine how the state's high court would settle the issue if it had the case the panel decided Thursday. The decision overturns a ruling by U.S. District Judge Stanwood Duval Jr., who in November sided with policyholders arguing that language excluding water damage from some of their insurance policies was ambiguous. Duval said the policies did not distinguish between floods caused by an act of God -- such as excessive rainfall -- and floods caused by an act of man, which would include the levee breaches following Katrina's landfall. But the appeals panel concluded that "even if the plaintiffs can prove that the levees were negligently designed, constructed, or maintained and that the breaches were due to this negligence, the flood exclusions in the plaintiffs' policies unambiguously preclude their recovery." "Regardless of what caused the failure of the flood-control structures that were put in place to prevent such a catastrophe, their failure resulted in a widespread flood that damaged the plaintiffs' property," and policies clearly excluded water damage caused by floods, King wrote. This was a consolidated case, including about 40 named plaintiffs, including Xavier University, and more than a dozen insurance companies. It is just one of the cases pending in federal court over Katrina damage. The Army Corps of Engineers faces thousands of claims for damage resulting after the levees breached; King noted in her opinion that dozens more cases, some consolidated and involving property owners suing insurers, are pending in federal court in New Orleans. Rossmiller, who is not involved in Katrina-related litigation, said the appeals panel's ruling wasn't surprising. "The 5th Circuit got it right," he said. "This was an easy one." Representatives of Illinois-based Allstate and Minnesota-based Travelers said their companies were pleased with the court's findings. Insurance companies typically restrict property coverage to damage caused by wind, fire and other hazards. Congress launched the National Flood Insurance Program in 1968 to help homeowners living in flood-prone areas get flood insurance to complement private policies. Private agents sell the federal policies, which are often subsidized by taxpayers because premiums don't factor in the real risks of damage. |
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Bush wants terrorism law updated
Politics |
2007/08/03 07:57
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President Bush wants Congress to modernize a law that governs how intelligence agencies monitor the communications of suspected terrorists. The Foreign Intelligence Surveillance Act, or FISA, provides a legal foundation that allows information about terrorists‘ communications to be collected without violating civil liberties. Bush noted that terrorists now use disposable cell phones and the Internet to communicate, recruit operatives and plan attacks; such tools were not available when FISA passed nearly 30 years ago. He also cited a recently released intelligence estimate that concluded al-Qaida is using its growing strength in the Middle East to plot attacks on U.S. soil. Sen. Russ Feingold, D-Wis., said Bush was trying to exploit the threat from al-Qaida to push the bill. Feingold said the measure was an "egregious power grab that includes broad new powers that have nothing to do with bringing FISA up to date." Shortly after the Sept. 11 attacks, Bush authorized the NSA to spy on calls between people in the U.S. and suspected terrorists abroad without FISA court warrants. The administration said it needed to act more quickly than the court could. It also said the president had inherent authority under the Constitution to order warrantless domestic spying. The national intelligence director, in a letter Wednesday to the House intelligence committee, stressed the need to be able to collect intelligence about foreign terrorists overseas. Mike McConnell said intelligence agencies should be able to do that without requirements imposed by an "out of date" law. Reyes said Saturday that the committee is intently focused on the issue. Caroline Fredrickson, director of the Washington legislative office of the American Civil Liberties Union, contends the White House is asking for more power to conduct warrantless domestic and international surveillance. The ACLU said the legislation backed by the administration would give immunity from criminal prosecution and civil liability for the telecommunication companies that participate in the NSA program. The ACLU urged lawmakers to find out the full extent of current intelligence gathering under FISA before making changes. The House Republican leader, Rep. John Boehner of Ohio, said Democrats are delaying necessary changes. "Rather than learning the lessons of September 11 — that we need to break down the bureaucratic impediments to intelligence collection and analysis — Democrats have stonewalled Republican attempts to modernize FISA and close the terrorist loophole," he said Saturday. |
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ATRS, NY Firm Settle Class-Action Against PharmaNet
Class Action |
2007/08/03 07:03
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Arkansas Teacher Retirement System and Bernstein Litowitz Berger & Grossmann LLP, a New York law firm, announced Thursday that they have settled, for a total of $28.5 million, the securities class-action lawsuit against PharmaNet Development Group Inc. The class action, pending in the United States District Court for the District of New Jersey, is led by court-appointed lead plaintiff Arkansas Teacher Retirement System and is captioned In re SFBC International, Inc. Sec. Litigation, 06-cv-00165 (SRC). PharmaNet was formerly known as SFBC International Inc. Under the settlement agreement, the class will be paid $28.5 million, of which $24.5 million will be in cash and $4 million may be either in cash or in stock, at the election of the company. The settlement requires contributions from a number of different defendants, and specifically requires certain of the company's former directors, officers and employees to make a personal contribution towards the settlement of the class' claims. "We are pleased to have reached a settlement of this securities class action on terms that provide a significant benefit to the class, while permitting the company and its new management to focus on the future. We believe that the personal contribution portion of this settlement sends a clear message that shareholders will insist that the directors, officers and employees of publicly traded companies live up to their responsibilities to act as vigilant guardians for the interests of the shareholders they represent," said Paul Doane, director of ATRS. |
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Kirby McInerney & Squire LLP Announces Class Action Lawsuit
Court Watch |
2007/08/03 06:04
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Kirby McInerney & Squire, LLP announces that it has filed a class action lawsuit in the United States District Court for the Eastern District of New York on behalf of all persons who purchased or otherwise acquired the publicly traded securities of American Home Mortgage Investment Corp. ("American Home Mortgage" or the "Company") (Nasdaq:AHM) between April 26, 2006 and July 30, 2007, inclusive, (the "Class Period"). The lawsuit alleges that American Home Mortgage and certain of its officers and directors violated Federal Securities laws. According to the complaint, throughout the Class Period defendants failed to disclose, among other things, that the Company was operating without adequate reserves for delinquent loan repurchases or an adequate strategic plan in relation to the volatility of certain of American Home Mortgage's loan products. As a result of defendants' failure to fully disclose that the Company was operating without adequate reserves in relation to the Company's prior sales of certain of American Home Mortgage's loan products or an adequate strategic plan for the repurchase of delinquent previously sold loans, defendants materially misrepresented to investors the true facts concerning American Home Mortgage's financial performance and prospects. Then, on June 28, 2007, American Home Mortgage issued a press release announcing that it will take "substantial charges for credit-related expenses in the second quarter." The Company reported that the increase in losses was related to its practice of extending a three month timely payment warranty that the Company granted to loan buyers who purchased stated income loans. In response to this announcement, the price of American Home Mortgage stock declined from $20.91 per share to $18.38 per share on extremely heavy trading volume. Then, on July 27, 2007, after the close of the market, American Home Mortgage issued a press release announcing that its Board of Directors had determined to delay paying its dividend. In response to this announcement, on July 30, 2007, the NYSE halted trading in American Home Mortgage stock before the market opened. If you are a member of the class, you may, no later than October 1, 2007, request that the Court appoint you as lead plaintiff of the class. Although your ability to share in any recovery is not affected by the decision whether or not to seek appointment as a lead plaintiff, lead plaintiffs can participate in important decisions which could affect the recovery for class members. If you wish to discuss this action, or have any questions concerning this notice or your rights, please contact us, toll free, at (888) 529 4787 or by email at info.newcases@kmslaw.com. Kirby McInerney & Squire, LLP has specialized in complex litigation, including securities class actions, for several decades. The firm has repeatedly demonstrated its expertise in this field, and has been recognized by various courts which have appointed the firm to major positions in consolidated and multi-district litigation. The firm's efforts on behalf of shareholders in securities litigation have resulted in recoveries totaling hundreds of millions of dollars, and the firm's achievements and quality of service have been chronicled in numerous published decisions. More information about the firm, class actions in general, or about the role of the lead plaintiffs in a securities class action can be obtained through Kirby McInerney & Squire, LLP's website at http://www.kmslaw.com |
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Asia, Europe Implement Mattel Toy Recall
World Business News |
2007/08/03 04:58
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Toys made by Mattel based on popular characters like Barney, Dora and Diego were being recalled Friday in some Asian and European countries after the toymaker warned of lead in the paint. The action is part of a worldwide recall of 1.5 million plastic toys aimed at preschoolers announced this week by the Mattel division Fisher-Price. The recall includes 967,000 toys made by a Chinese vendor and sold in the United States since May. The Chinese vendor was said to have used a non-approved paint pigment containing excessive amounts of lead, which could harm young children. Mattel, the world's largest toymaker, said Thursday that the global recall would cut its pretax operating income by $30 million. In Japan, the toys' importer, Progress Interactive, said on its Web site that it and Mattel were jointly recalling the products and will make refunds to customers. It did not say how many toys would be affected in Japan. Toys "R" Us Inc.'s office in Kawasaki said about 50 shops out of the 149 outlets it operates in Japan have removed all the affected products in line with the importer's recall announcement on Thursday. One Japanese retailer said it took other Fisher-Price toys off its shelves as a precaution. "We didn't stock any of the affected products, but we quickly removed other Mattel's Fisher-Price brand items from our shelves until the importer's safety assurance is made," said Masaki Shimizu, a spokesman of Mitsukoshi Ltd., one of the major department stores in Japan. In Southeast Asia, six models have been recalled in the Philippines, four in Singapore, three in Malaysia and one in Indonesia, said Mattel Southeast Asia Marketing Manager Cheok Ching Won in Kuala Lumpur. "We have already informed all our retailers in the region, in those countries where the products are affected, and all affected products (have) already been pulled off the shelves," Cheok said. Cheok said the impact of the recall in Asia was limited. "They are very a small fraction of it ... because they're not our core toys, and they're in very small quantities," she said. She did not have a figure of how many toys were recalled in Asia. The affected toys were manufactured between April 19 and July 6 by a Chinese vendor that had applied decorative paint to the toys, she said. In Hong Kong and Taiwan, Toys "R" Us stores have removed eight of the toy types identified by the Fisher-Price recall, Hong Kong company Li & Fung, which runs the stores, said in a statement Friday. It said the toys were removed as a precaution. Meanwhile, European Union regulators circulated details of the recall to authorities in all 27 member states. In Britain, Mattel said most of the toys affected were still in warehouses and had not yet gone on sale. But Fisher-Price Belgium said a few products may have found their way into the hands of children. It plans to place ads in local newspapers this weekend with details of nine products that it is recalling - including Dora the Explorer and Go Diego Go toys and the Let's Go playset. Belgian press reports said 5,000 of the toys were originally headed for the Belgian toy shops. |
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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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