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US quarantine laws need updating: CDC director
Law Center | 2007/06/08 06:38

Dr. Julie Gerberding, Director of the Centers for Disease Control and Prevention (CDC) and Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR), testified  before the US Senate Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies Wednesday in the wake of a tuberculosis scare that US interstate and foreign quarantine regulations needs to be codified to reflect up-to-date disease containment methods such as isolation and quarantine. Gerberding said that "more explicit due process protections for written orders and an administrative review hearing" were necessary, as well as expanding the availability and reporting of ill passengers on aircraft. Gerberding also emphasized the need to tighten health security at ports of entry by increasing information sharing, detection equipment, and medically-trained staff.

Gerberding's recommendations follow an ongoing investigation of US citizen Andrew Speaker who traveled from Italy back into the United States by the way of the Czech Republic and Canada despite being instructed to cancel all his flight plans following a diagnosis of extensively drug-resistant tuberculosis (XDR TB). Speaker also testified at the hearing by phone. The US Department of Health and Human Services (HHS) and the CDC had requested that the US Customs and Border Protection (CBP) detain the patient upon his re-entry into the US, but according to the Department of Homeland Security (DHS), a Border Patrol agent ignored the flag and allowed Speaker to reenter the US. He remains in quarantine under the authority of the Denver County health officials.



Immigration reform falls to polarized politics
Practice Focuses | 2007/06/08 04:46

"The reality is most people are just desperate to see a solution. If this goes down, the opposition is not offering an alternative and that means the problem is still an issue," said Pete Brodnitz, a Democratic pollster. "We're in a period where people are looking to see leadership and progress." All sides will find reasons to explain away what happened: Democrats blame Republicans for demanding too much and delivering too few votes. Republicans blame Democrats for being unwilling to take their views into account and for opposing details of a guest-worker program. Democrats blame the president for failing to bring his troops into line. Proponents blame anti-immigration forces for whipping up opposition.

There is truth in all their allegations. That this bill was imperfect is without dispute. Only a few politicians - Bush and McCain among them - were strongly vocal in urging passage, but they, too, had reservations about the compromise. House Democratic leaders were tepid in their support, demanding Republicans bring at least 60 votes for the measure in order to offer their freshman members from marginal districts the cover to vote "no."

Reid warned Thursday hours before the bill collapsed that he would not seek to revive the issue. Later, he pledged to work hard "in the next few weeks" to resurrect a deal. Perhaps, once people step back from what happened, they will try again. Perhaps they will succeed on their third try.

Loss of nerve

No one ever believed passing a comprehensive immigration reform bill would be easy. As McCain said in Tuesday's Republican debate in New Hampshire, "It's our job to do the hard things, not the easy things." But for a long time, Washington politicians have flinched at hard things, preferring to engage in political combat aimed at gaining partisan advantage first.

There is little time for progress on difficult issues before Bush's lame-duck status reduces his power even more and before the 2008 presidential and congressional campaigns turn the country into a partisan battlefield. Immigration provides one clear test for the system before that reality locks in. So far the system is losing.

If there is no attempt to revive the immigration bill, the issue will become fodder throughout the long campaign ahead. Already it is shaping the Republican presidential debate, with McCain on one side and his leading opponents all on the other.

Public opinion suggests an electorate open to, but by no means wildly enthusiastic about, comprehensive reform that provides the 12 million illegal immigrants a path to citizenship, but only if there is an effective border security plan already in place.

Republicans are clearly divided, but not perhaps as the heated rhetoric of the campaign trail suggests. The most recent Washington Post-ABC News poll found that, on the question of a path to citizenship for illegal immigrants, the public narrowly approves: 52 percent to 44 percent. Democrats back such a plan by 57 percent to 38 percent and independents by 51 percent to 45 percent. Republicans are opposed, by 53 percent to 43 percent - significant but not overwhelming.



Federman & Sherwood Files Securities Class Action
Class Action | 2007/06/08 03:49

Thursday after the bell, Federman & Sherwood announced that On June 1, 2007, a class action lawsuit was filed in the United States District Court for the District of Nevada against Shuffle Master Inc. The complaint alleged violations of federal securities laws, including allegations of issuing a series of material misrepresentations to the market which had the effect of artificially inflating the market price. The class period is from December 22, 2006 through March 12, 2007. SHFL closed Thursday's regular trading session at $17.51, down $2.10 or 10.71%. During the extended session, stock further tumbled $0.16 or 0.91% and was at $17.35.



Bank of America Calls Dutch Court Action "Shocking"
Court Watch | 2007/06/08 02:54

In its fight for LaSalle Bank, Bank of America [ticker: BAC] said in an appeal filing that it was “shocking” that the Dutch court would disregard fundamental European Union law.

The Charlotte, N.C.-based bank has accused a Dutch court of unlawful action by blocking its $21 billion purchase of Dutch banking giant ABN Amro’s U.S. unit.

In support of calls from investors, last month a Dutch commercial court froze the deal between Bank of America and LaSalle Bank in order to allow for a shareholder vote.

The Dutch Supreme Court is hearing appeals by both ABN and Bank of America over the frozen deal and will rule later this month or in early July on whether the sale can take place.



Lerach expected to retire by end of year
Legal Careers News | 2007/06/08 02:51

Pioneering class-action attorney William S. Lerach is expected to leave the firm that bears his name within the next seven months, a partner at the law firm said Thursday. "I anticipate that Bill will retire before the end of the year," said Patrick Coughlin, a co-founder of the San Diego-based Lerach Coughlin Stoia Geller Rudman & Robbins LLP. A call to Lerach's personal attorney, John W. Keker, was not immediately returned. The firm said Friday that Lerach was considering retiring but did not say when.

Lerach's imminent departure comes amid a seven-year investigation by federal prosecutors in Los Angeles into his former law firm.

That firm, Milberg Weiss Bershad & Schulman, was indicted in May 2006 by a federal grand jury in Los Angeles. Prosecutors allege the firm secretly paid more than $11 million in kickbacks to get people to take part in shareholder lawsuits, allowing its lawyers to be among the first to file lawsuits on behalf of shareholders and secure the lucrative position as lead plaintiffs' counsel.

Attorneys Steven Schulman and David J. Bershad, former partners in the firm, were also indicted. They and the law firm have pleaded not guilty.

Lerach, 61, has not been charged in the case.

Lerach remains actively involved in only a handful of cases, Coughlin said. They include some of the firm's highest-profile work, including its case against Enron Corp. Lerach and his partners recouped about $7 billion for Enron shareholders.



Ex-Alcatel exec pleads guilty to bribery
Breaking Legal News | 2007/06/08 01:55

A former Alcatel executive has pleaded guilty to paying more than $2.5 million in bribes to secure a telephone contract with Costa Rica's state telecommunications agency, the U.S. Department of Justice said Thursday. Christian Sapsizian pleaded guilty to charges of conspiracy and violating the U.S. Foreign Corrupt Practices Act at U.S. District Court in Miami, the DOJ said in a statement. He is set to be sentenced on December 20 and now faces a maximum of 10 years in prison and $580,000 in fines.

According to the DOJ, Sapsizian admitted to paying the bribes to a director at Costa Rica's Instituto Costarricense de Electricidad, in order to secure mobile telephone contracts for his company. Alcatel was eventually awarded a $149 million mobile phone contract in August 2001, the department said.

Sapsizian had been employed by Alcatel and its subsidiaries for more than 20 years. Alcatel merged with Lucent Technologies in late 2006 and the joint company is now known as Alcatel-Lucent.

The Federal Bureau of Investigation continues to investigate the matter, the DOJ said.



Libby lawyers seek prison sentence delay
Breaking Legal News | 2007/06/08 00:36

Lawyers for former US vice-presidential aide I. Lewis "Scooter" Libby asked a federal judge Thursday to delay Libby's prison sentence because they felt they have a good chance of winning an appeal of his conviction. Libby was found guilty of perjury and obstruction of justice in March, and sentenced to 2 1/2- years in prison on Tuesday.

Defense lawyers filed papers with the court Thursday arguing that Special Prosecutor Patrick Fitzgerald did not have the authority to bring charges against Libby, and that they were wrongly barred from questioning NBC reporter Andrea Mitchell about certain aspects of the Valerie Plame scandal. Earlier this week, US District Judge Reggie B. Walton said there was no reason that Libby should not begin serving his sentence while his case is on appeal.



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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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