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Lawsuit challenges green card delay
Law Center | 2007/07/07 06:22

A woman is seeking class-action status for a lawsuit that claims the federal government violated her constitutional rights when it announced that no new employer-sponsored green card applications would be accepted until the fall.
The lawsuit was filed Friday in federal court by Gabriela Ptasinska, a Polish immigrant who has a temporary work visa sponsored through her job at an engineering consulting firm. It is among the first challenging the U.S. State Department's decision.

In June, the State Department announced that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. The announcement meant that as early as this past Monday, Citizenship and Immigration Services would begin accepting applications, which require a lengthy process including certified documents and medical exams.

But an update posted Monday on the State Department Web site said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month," meaning no further applications would be authorized, effective immediately.

The department called the backlog reduction efforts an "unexpected action" and said employment visa numbers would be available Oct. 1.

Ptasinska—who flew from Chicago to Lincoln, Neb., on Monday in hopes of being among the first to submit a green card application—is seeking

a ruling that would keep the application from being rejected, according to her attorney Ira Azulay.
The lawsuit names several government officials and agencies, including the U.S. Citizenship and Immigration Services, the U.S. Department of State and Secretary of State Condoleezza Rice.

State Department spokeswoman Leslie Phillips said that the agency does not comment on litigation. Calls to Citizenship and Immigration Services went unanswered.

Immigration groups like the American Immigration Lawyers Foundation claim thousands of people across the country have spent time and money on attorneys and the application.

Spokesman Tim Vettel said the foundation is in the process of preparing a similar lawsuit.



Eau de Lawsuit: Woman Sues Over Scent
Court Watch | 2007/07/07 06:21

An employee in the Detroit planning department who claims she is severely sensitive to perfumes and other cosmetics has sued the city, saying a co-worker's strong fragrance prohibits her from working. Susan McBride's lawsuit, filed Tuesday in U.S. District Court in Detroit, says the work environment is in violation of the Americans with Disabilities Act. She wants a ban on such scents at work - and unspecified damages.

City spokesman Matt Allen declined to comment, telling The Detroit News the city does not normally comment on litigation or personnel issues.

McBride, who joined the planning department in 2000, says problems started a year ago when the co-worker, who isn't identified in the lawsuit, transferred into her department.

"This employee not only wore a strong scent, but also plugged in a scented room deodorizer," the lawsuit states. "Ms. McBride was overcome by the smell almost instantly, causing her to go home sick."

The co-worker later agreed to stop using the room deodorizer, but kept using perfume, the lawsuit states.



McDermott Seeks Court Input on Tape Case
Political and Legal | 2007/07/07 05:15

Rep. Jim McDermott said Friday he will ask the Supreme Court to decide whether he had a right to disclose contents of an illegally taped telephone call involving House Republican leaders a decade ago.

A federal appeals court ruled in May that the Washington state Democrat should not have given reporters access to the tape-recorded telephone call of Republican leaders discussing the House ethics case against former House Speaker Newt Gingrich, R-Ga.

McDermott's offense was especially egregious since he was a senior member of the House ethics committee, the U.S. Circuit Court of Appeals for the District of Columbia said in a 5-4 ruling.

The congressman called the ruling an infringement of his free speech rights.

"With all due respect to the Court of Appeals, the constitutional issues involved here are much too important to be confused by a split decision," he said in a statement Friday.

"The protections afforded all Americans by the First Amendment have been placed on a very slippery slope by this (appeals court) decision," McDermott said, adding that the May 1 ruling "endangers freedom of speech and the press across America."

In its ruling, the appeals court said that when McDermott became a member of the House ethics panel, he "voluntarily accepted a duty of confidentiality" and therefore had no First Amendment right to disclose the tape to journalists.

The ruling upheld a previous decision ordering McDermott to pay House Minority Leader John Boehner, R-Ohio, more than $700,000 for leaking the taped conversation. The figure includes $60,000 in damages and more than $600,000 in legal costs.

Boehner was among several GOP leaders heard on the December 1996 call, which involved ethics allegations against Gingrich. Then the House speaker, Gingrich was heard on the call telling Boehner and others how to react to allegations. He was later fined $300,000 and reprimanded by the House.

McDermott, who was then serving on the ethics panel, leaked the tape to two newspapers, which published stories on the case in January 1997.

In a sharp dissent, Judge David B. Sentelle said that under the majority's ruling, "no one in the United States could communicate on this topic of public interest because of the defect in the chain of title," that is, the fact that the tape was obtained illegally.



Pricewaterhouse Settles Tyco Lawsuit
Court Watch | 2007/07/07 03:24

Attorneys representing the shareholders of Tyco International Ltd. said Friday PricewaterhouseCoopers LLP has agreed to pay $225 million to settle a class action lawsuit.

Tyco (nyse: TYC - news - people ) shareholders pursuing the lawsuit had claimed that as Tyco's independent auditor, PricewaterhouseCoopers failed to uncover fraud in an accounting scandal at the conglomerate. Tyco's chief executive and chief financial officer were convicted in the scandal.

In May, Tyco agreed to pay nearly $3 billion to shareholders in association with the case. Investors who purchased or acquired Tyco securities from December 13, 1999 to June 7, 2002 are covered by the settlement. Calls to PricewaterhouseCoopers were not immediately returned. Shares of Tyco International rose 7 cents to close at $53.17.



Hensley Kim & Edgington changes name
Legal Marketing | 2007/07/07 01:31

The law firm of Hensley Kim & Edgington on Friday said it's changing its name to Hensley Kim & Holzer LLC effective immediately.

Rick Holzer joined the Denver firm in 2004 and guided the establishment of an intellectual property practice, specializing in patent prosecution and intellectual property counseling.

The firm represents companies of all sizes in the areas of business, securities, intellectual property, litigation and real estate law.



Carbondale law firm celebrates anniversary
Legal Business | 2007/07/07 01:29

July marks the 30th anniversary for a Carbondale law firm that has technically been in existence for the last 99 years.

Feirich/Mager/Green/Ryan and Associates, 2001 W. Main St. near the Westtown Mall in Murdale, established its current banner in 1977, but the roots of the firm stretch back to 1908, when local attorneys W.W. Barr and C.E. Feirich started a practice together.

Firm partner Richard Green, one of the founders of the business' current iteration, said lasting 30 years in one form means you're doing well; lasting nearly a century in some fashion is extraordinary. Then again, the firm has always been known for beating the odds, he added.

"You think about it, in 1977 we were a six-person law firm, a size that was unheard of at that time. People said it wouldn't survive," Green said.

It did and has grown into a firm housing 15 lawyers, six paralegals and numerous other staff members.

There was a time when Southern Illinois was considered underserved with its number of attorneys, partner John Ryan said.

"There's an old saying that goes if there is one lawyer in town he'll starve to death, but if there are two, they'll do just fine," Ryan said.

Today the Jackson County Bar Association alone has more than 240 registered attorneys, Ryan said. Being an attorney is a lucrative career option, he said, because lawyers are called on quite often.

"The work is a byproduct of our society," Ryan said.



Goldman Sachs targeted with death threats
Breaking Legal News | 2007/07/06 11:11

The FBI is investigating anonymous threats against Goldman Sachs, the world's biggest securities firm, contained in handwritten letters warning that "hundreds will die." The letters, sent to newspapers nationwide, read: "GOLDMAN SACHS. HUNDREDS WILL DIE. WE ARE INSIDE. YOU CANNOT STOP US. A.Q.U.S.A." The letters, all mailed from Queens, N.Y., were sent to nine newspapers including publications in Newark, N.J.; Fort Wayne, Ind.; Corpus Christi, Texas; and Boise, Idaho, the Star-Ledger of Newark reported.

"We take these things very seriously," said FBI spokesman Bill Carter, who added, "we have no specific and credible information about a credible threat to Goldman Sachs other than these letters."

The letters were postmarked late June from New York and were handwritten in red ink on loose-leaf paper.

"We are working closely with the law enforcement authorities, who tell us they don't believe the threat to be very credible," Goldman Sachs said in a statement today. "We have a broad range of security measures in place to counter all likely threats and we're monitoring the situation closely."

The Fort Wayne Journal Gazette received the letter Monday, said Bobby Wells, the newspaper's administrative assistant, and the FBI and local police department have since picked up the letter.

The Star-Ledger reported that it received one of the letters, postmarked June 27. The letter was addressed to the news department and was turned over to the FBI, according to the newspaper.

Goldman is a powerhouse in investment banking, with $37 billion in revenue last year and a profit of $9.5 billion. It hands out the biggest paychecks on Wall Street, averaging $623,418 per employee last year with individual rainmakers raking in up to $50 million, according to U.S. regulatory filings.

Goldman Sachs sent the following internal memo to its employees:

"The firm is aware that a number of local newspapers in a few places in the U.S. have received anonymous letters threatening the firm. We take any threat to the safety of our people and our business very seriously. The Office of Global Security has consulted the FBI and other relevant authorities. Authorities have informed us that they believe the threat to be of low credibility. Nevertheless, they have mounted an active investigation to try to determine the source of the letters. We have a broad range of security measures in place to counter all likely threats and we continue to monitor this situation closely. We do not view this situation as a cause for concern."

A source at Goldman who asked not to be named said that the firm didn't think the letters were credible and that officials were satisfied with the many security provisions in place, especially in New York.



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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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