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Court rules Ohio man in murder case missed deadline
Legal Business |
2007/06/14 06:41
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The Supreme Court dismissed an appeal of a convicted murderer from Ohio Thursday because he filed it two days late, even though he met a separate deadline set by a judge. The judge mistakenly told the prisoner, Keith Bowles, 34, that he could file court papers by Feb. 27, 2004. Under federal rules, however, the deadline was Feb. 24. Bowles filed on Feb. 26. The high court typically adheres strictly to deadlines and this case was no exception. The 5-4 decision, the 16th this term, fell along conservative-liberal lines and also provoked a strong dissent from Justice David Souter. Writing the opinion for the court's majority in this case, Justice Clarence Thomas said the judge's error did not alter the 14-day time limit set in federal law and legal rules. He said Congress could relax the deadline if it wishes. Bowles was convicted of murder in Ohio for his role in a group beating of an unarmed man, who later died. The beating was in revenge for an earlier beating that day to a relative of a member of the group in Painesville, about 30 miles northeast of Cleveland, court records showed. Bowles was given 15 years to life in prison. Early in 2004, a federal judge gave Bowles additional time to tell the court he intended to appeal, mistakenly noting a 17-day deadline. The 6th U.S. Circuit Court of Appeals said Bowles' appeal was untimely. Souter said Bowles' case cries out for an exception to the rule. "It is intolerable for the judicial system to treat people this way, and there is not even a technical justification for condoning this bait and switch," Souter said. Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Antonin Scalia joined Thomas' opinion. Justices Stephen Breyer, Ruth Bader Ginsburg and John Paul Stevens joined Souter in dissent. |
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Cabot Settles Class Action Lawsuits
Class Action |
2007/06/14 05:45
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Specialty chemicals maker Cabot Corp. said Wednesday it agreed to settle the federal class action lawsuits pending against it that alleged it and other carbon black manufacturers violated antitrust laws in setting prices for carbon black sold in the United States. In a filing with the Securities and Exchange Commission, Cabot said its share of the settlement cost is $10 million. Cabot also denied any wrongdoing of any kind, and said it "strongly believes that it has good defenses to these claims." The company said it agreed to the settlement to avoid further expense, inconvenience, risk and the distraction of protracted litigation. The settlement agreement is subject to court approval. Boston-based Cabot said it will continue to defend the remaining antitrust lawsuits pending against it. There are suits pending in several state courts brought by purported classes of purchasers of carbon black, and a single federal case brought by a party that did not join the federal class action.
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Gregory V. Pajak has joined The Barnes Firm
Legal Careers News |
2007/06/14 04:49
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Gregory V. Pajak, Esq. has joined The Barnes Firm as a partner. He will focus his practice on representing victims of personal injury concentrating on handling appeals and insurance coverage matters. Mr. Pajak received his JD from the State University at Buffalo, School of Law in 1992 along with a BA in 1989 (magna cum laude/phi beta kappa). Previously, Mr. Pajak was a partner with the firm of Chelus, Herdzik, Speyer, Monte & Pajak and for over 15 years represented insurance companies and defendants in personal injury lawsuits. Mr. Pajak has argued over 50 appeals before the Appellate Division, Fourth Department and has extensive civil trial experience. He is a frequent lecturer on insurance coverage topics including coverage disputes, contractual indemnity, bad faith and declaratory judgment matters along with personal and commercial liability law dealing with issues such as automobile, Labor Law, premises and products liability. Mr. Pajak authored Not for the Faint of Heart, Additional Personal Injury Protection (APIP) Benefits, published in the New York State Bar Association, JOURNAL, March/April 2006. He is a member of the Erie County and New York State Bar Association, the Women’s Bar Association of Erie County and the Buffalo Claims Association. He is a past Treasurer of the Western New York Trial Lawyers Association and was the President-elect of the Defense Trial Lawyers Association of Western New York.
About The Barnes Firm The Barnes Firm is a nationally recognized personal injury law firm, with headquarters in Buffalo, New York. The Barnes Firm focuses on auto accident, medical malpractice, premises liability and product defect cases. In 2006 alone, The Barnes Firm obtained settlements and verdicts in excess of $100,000,000 for their clients. For more information about The Barnes Firm visit www.TheBarnesFirm.com or contact us 1-800-483-2050.
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Lawyer accused of stealing trust money
Breaking Legal News |
2007/06/14 04:43
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Before he died in 2002, the Rev. Vincent O'Dea made sure a charitable trust he founded would continue to bestow his generosity on worthy causes for years to come. But prosecutors say the lawyer hired by the trustees to manage O'Dea's account stole the money instead. J. Peter Parrish, 39, of Rocky River, pleaded not guilty Wednesday in Cuyahoga County Common Pleas Court to a charge of aggravated theft. Prosecutors accused the lawyer of looting the priest's trust ac count of nearly $200,000 between March 2004 and December 2005. "This is sickening," Prosecutor Bill Mason said Wednesday. "The charitable trust established by Father O'Dea continues his life's work of giving to others even after his death. This attorney's theft of trust assets is, in effect, stealing from the poor and needy. He is without conscience." Mason said Economic Crimes Unit prosecutors already have negotiated a plea deal with Parrish and his lawyer that would require him to repay $250,000 to the trust and to plead guilty to an aggravated theft charge. Parrish already has repaid $83,000, and filed a request with the Ohio Supreme Court to assume inactive status as a lawyer, said his attorney, James Sammon. "We have worked diligently to resolve the estate in probate court," Sammon said. "And he is in the process of winding down his law practice." When he died, O'Dea was 92 and under the care of the Little Sisters of the Poor at their home in Warrensville Heights. He had served as pastor of St. Mary's Church in Hudson and St. Peter's Church in Lorain. One of the trustees of O'Dea's charitable trust account noticed suspicious bank activity, and reported it to the Cleveland Bar Association. Bar officials contacted the prosecutor's office. |
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Bracewell, prominent law firm's founder, dies at 85
Attorneys in the News |
2007/06/14 02:47
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Fentress Bracewell, founder of one of Houston's more prominent law firms and a former longtime Port of Houston commissioner, died Wednesday after suffering from Alzheimer's disease for several years, his family said. He was 85. "He was an outstanding servant to his family, clients and the community," said Tom Phillips, Bracewell's son-in-law and a former chief justice of the Texas Supreme Court. "He was one of a handful of those leaders who transformed Houston from a regional center to a world-class city." Born to J.S. and Lola Bracewell in the former town of Harrisburg in Houston's East End in 1921, Bracewell was schooled at Harrisburg Elementary, Deady Middle School and Milby High School. While attending Baylor University, the man known as "Brace" to his friends met his future wife, Muriel, to whom he was married for 54 years. He graduated from Baylor Law School and joined his father, his brother Searcy and future state District Judge Bert Tunks in founding the Houston law firm Bracewell & Tunks in 1945. Bracewell practiced law for 50 years. "The standard of personal, professional and public service he achieved made a mark on Houston that will not likely be equaled," his son, Brad Bracewell, said. The firm changed its name to Bracewell & Patterson in 1966 and became Bracewell & Giuliani in 2005, when former New York Mayor Rudolph Giuliani joined as a partner. The firm now has 400 lawyers in New York, Connecticut, Texas, Washington, D.C., Kazakhstan and London. Bracewell served as port commissioner from 1968 to 1970 before becoming chairman, serving the longest tenure of anyone in that post, 15 years. He traveled to ports around the world to promote trade and boost the Port of Houston's stature, as well as leading the development of the terminal and his namesake, the Fentress Bracewell Barbours Cut Terminal, at Morgan's Point. Bracewell also was chairman of the regional board of the Institute of International Education, which directs, among others, the Fulbright Scholars program. He served on numerous other boards, including the First Continental Life & Accident Insurance Co., Cemex, First Investors Financial Services Corp., Frontier Airlines, American Funeral Services and the Broadway Plan of Church Finance. Bracewell also served as a director of the Houston Chamber of Commerce and as a trustee and Sunday school teacher at Westminster United Methodist Church. An avid baseball fan, Bracewell was credited with helping to bring Major League Baseball to Houston. His family said that, although he was a stickler for following the rules, he allowed his son and daughter to skip school in April 1962 to accompany him to the first Houston Colt .45's game, where they saw the home team defeat the Chicago Cubs 11-2. In later years, after the team became the Astros and moved from an open ball park to a world-famous domed stadium, Bracewell faithfully cheered from his seats along the first-base line. "He had the best seats in the house," Phillips said. In addition to Bracewell's wife and son, survivors include his daughter, Lyn B. Phillips, and grandchildren, great-grandchildren, nephews and a niece. A memorial service will be conducted at 10 a.m. June 22 at Westminster United Methodist Church, 5801 San Felipe. |
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Jenner law firm demoting 15-20 partners
Law Firm News |
2007/06/13 10:32
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Jenner & Block, a Chicago-based law firm that focuses on litigation, is shifting 15 to 20 of its equity partners to non-equity status, the National Law Journal reported Monday, citing anonymous sources.
Some of the partners are being asked to leave and a smaller number are opting for voluntary retirement, the legal newspaper said. The firm's management last month began to move forward with the plan to cut some of the equity partners during the next year or two, according to anonymous sources cited in the Law Journal. Though it eliminates the security of partnership -- once as honored as tenure at a university -- de-equitizing partners is a means to boost the average profits earned by equity partners to retain rainmakers and lure new talent. Equity-per-partner rankings have become the industry's measuring stick in the absence of any other accepted method, making demotions from partnership increasingly common. In March Chicago-based Mayer, Brown, Rowe & Maw LLP announced its decision to purge 45 partners amid revenue growth of 11 percent in 2006. The conservative firm, one of the nation's 10 largest in 2006, topped $1 billion in revenues for the first time in its 125-year history. Sidley Austin demoted more than 30 partners in an effort to be more competitive more than eight years earlier.
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July bond hearing set for teen sex case
Legal Business |
2007/06/13 10:28
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Genarlow Wilson's joy was short-lived. One minute, a judge ordered him released from prison, saying the young man's 10-year sentence for consensual sex between teens was a "grave miscarriage of justice." Ninety minutes later, Georgia's attorney general said Wilson wasn't going anywhere — the state had appealed. "Yesterday, they did not consent to a bond," attorney B.J. Bernstein said Tuesday on CNN. "We are hopeful to hurry up and get in front of a judge — one, to get him out pending an appeal, but even more importantly, to get this madness over with." Wilson became a symbol for extreme cases of getting tough on sex offenders when he was sentenced to the mandatory 10-year sentence for having consensual oral sex with a 15-year-old girl in 2003, when Wilson was 17. Lawmakers last year voted to close that loophole, but the state's top court said the new law could not be applied retroactively to Wilson's case. Opponents of Wilson's release said it could lead to similar legal challenges. Georgia prisons currently hold 189 inmates who were sentenced for aggravated child molestation when they were 21 or younger. "The fact that Genarlow Wilson has spent two years in prison for what is now classified as a misdemeanor, and without assistance from this Court, will spend eight more years in prison, is a grave miscarriage of justice," the judge wrote. "If this court or any court cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish ... justice being served in a fair and equal manner." He said he would seek an expedited ruling from the Georgia Supreme Court. And he noted that a plea deal is on the table that would spring Wilson in a maximum of five years and also remove him from the sex offender registry. "It is really ridiculous when you consider that we had a judge that just said it is a misdemeanor that carries no sex offender registration," she said. "It is extremely, extremely disturbing that the attorney general would take this action now." Wilson also was charged with rape for being one of several male partygoers at the Douglas County hotel to have sex with another 17-year-old girl, but was acquitted. The party was captured on a videotape that was played for the jury. Five other male partygoers took plea deals in the case. One has been released from prison and is now in college. "He wants to speak out to young people about realizing that when you party and carry on, you've got consequences sometimes grater than you realize. I think because of his extraordinary personality, he'll be OK, but I don't want this to happen to any other kid. It's crazy." By SHANNON McCAFFREY, Associated Press Writer 1 hour, 7 minutes ago ATLANTA - Genarlow Wilson's joy was short-lived. One minute, a judge ordered him released from prison, saying the young man's 10-year sentence for consensual sex between teens was a "grave miscarriage of justice." Ninety minutes later, Georgia's attorney general said Wilson wasn't going anywhere — the state had appealed. "Yesterday, they did not consent to a bond," attorney B.J. Bernstein said Tuesday on CNN. "We are hopeful to hurry up and get in front of a judge — one, to get him out pending an appeal, but even more importantly, to get this madness over with." Wilson became a symbol for extreme cases of getting tough on sex offenders when he was sentenced to the mandatory 10-year sentence for having consensual oral sex with a 15-year-old girl in 2003, when Wilson was 17. Lawmakers last year voted to close that loophole, but the state's top court said the new law could not be applied retroactively to Wilson's case. Opponents of Wilson's release said it could lead to similar legal challenges. Georgia prisons currently hold 189 inmates who were sentenced for aggravated child molestation when they were 21 or younger. "The fact that Genarlow Wilson has spent two years in prison for what is now classified as a misdemeanor, and without assistance from this Court, will spend eight more years in prison, is a grave miscarriage of justice," the judge wrote. "If this court or any court cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish ... justice being served in a fair and equal manner." He said he would seek an expedited ruling from the Georgia Supreme Court. And he noted that a plea deal is on the table that would spring Wilson in a maximum of five years and also remove him from the sex offender registry. "It is really ridiculous when you consider that we had a judge that just said it is a misdemeanor that carries no sex offender registration," she said. "It is extremely, extremely disturbing that the attorney general would take this action now." Wilson also was charged with rape for being one of several male partygoers at the Douglas County hotel to have sex with another 17-year-old girl, but was acquitted. The party was captured on a videotape that was played for the jury. Five other male partygoers took plea deals in the case. One has been released from prison and is now in college. "He wants to speak out to young people about realizing that when you party and carry on, you've got consequences sometimes grater than you realize. I think because of his extraordinary personality, he'll be OK, but I don't want this to happen to any other kid. It's crazy." |
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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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