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Iowa Supreme Court orders furlough for employees
Breaking Legal News | 2009/02/03 08:38

The Iowa Supreme Court has issued an order closing all state court offices on Feb. 16 to save money during tough budget times.

Court officials say the day of unpaid leave will affect about 1,600 employees and save more than $335,000.

Judges and magistrates are the only court employees who will work on the furlough day. That's because their salaries are set by the Legislature and handled separately.

Court officials say the closure is in response to an expected reduction in their budget.

The furlough is planned for President's Day, a federal holiday, when officials expect less impact on the public because other government agencies are closed.



MA. court to weigh Wal-Mart discrimination case
Breaking Legal News | 2009/02/02 08:33
The state’s highest court is set to hear arguments this week in the case of a former Wal-Mart pharmacist who claimed she was fired after asking to be paid the same as her male colleagues.


Cynthia Haddad filed the gender discrimination lawsuit after she fired in April 2004 after 10 years at the Pittsfield Wal-Mart.

In 2007, a Berkshire Superior Court awarded Haddad nearly $1 million in compensatory damages and $1 million in punitive damages. The company appealed.

A judge upheld the compensatory damages but agreed to revoke the punitive damages, saying there was insufficient basis for the jury’s decision.

On Thursday, both sides make their case on the issue of the punitive damages before the Supreme Judicial Court.



Miner's Widow Seeks $37M In Damages
Breaking Legal News | 2009/02/01 08:34
The widow of an eastern Kentucky coal miner who died on the job last year has sued one of the nation's largest coal companies for more than $37 million in damages. The Lexington Herald-Leader reports that an attorney for Susie Sturgill, widow of miner Roy D. Sturgill II, filed the lawsuit Friday in Letcher Circuit Court.


The suit names St. Louis-based Arch Coal Inc., and its subsidiary, Cumberland River Coal Co.

The lawsuit alleges that the company committed blatant safety violations that caused Sturgill's death. Sturgill died Jan. 8, 2008, after his truck backed over a dumping point and continued to go down the slope. Sturgill was employed by Bates Contracting in Whitesburg, a contractor that supplies workers to coal companies. He had only been a rock-truck driver for 12 days before the accident, and had only driven on the night shift four times, the lawsuit said.



NYC grand jury indicts lawyer eyed in $400M fraud
Breaking Legal News | 2009/01/30 09:32

A New York City grand jury has indicted a lawyer suspected of bilking hedge funds out of more than $400 million.

The indictment returned Thursday in federal court in Manhattan charges Marc Dreier with conspiracy to commit securities and wire fraud. Dreier also is charged with securities fraud and wire fraud.

Dreier led the law firm Dreier LLP, with 250 attorneys and celebrity clients including ex-New York Giants star Michael Strahan (STRAY'-han). He was arrested in December after hedge funds complained he was stealing from them.

Dreier has remained jailed, unable to post enough cash or property toward his $20 million bail.

Defense attorneys say he's cooperated with a receiver appointed by the court to take control of his assets.

Prosecutors say he could face 30 years to life in prison if convicted.



Texas executes inmate for killing fellow prisoner
Breaking Legal News | 2009/01/30 09:28
Texas has executed a prison gang member who fatally injected a fellow inmate with an overdose of heroin in retaliation for snitching on him.


Ricardo Ortiz was pronounced dead at 6:18 p.m. Thursday.

The 46-year-old was the fifth Texas inmate to die this year and the second of two executions in consecutive nights this week in the nation's most active death penalty state.

Ortiz was condemned for the retaliation slaying of 22-year-old Gerardo Garcia more than 11 years ago. Authorities say Garcia was killed so he couldn't testify about bank robberies the pair was suspected of carrying out.

The U.S. Supreme Court rejected an appeal Thursday to delay the execution. Ortiz had argued he should get federal money to pay for help filing a state clemency request.



Man smears feces on his lawyer, flings it at jury
Breaking Legal News | 2009/01/29 08:39
A San Diego judge has declared a mistrial in a kidnapping and assault case after the defendant smeared excrement on his lawyer's face and threw it at jurors. The judge boosted defendant Weusi McGowan's bail from $250,000 to $1 million after the Monday incident.


Prosecutor Christopher Lawson says McGowan was upset because the judge refused to remove public defender Jeffrey Martin from the case.

McGowan had smuggled a bag of feces into court and spread it on Martin's hair and face before flinging the excrement at jurors. No jurors were hit.

McGowan has pleaded not guilty to kidnapping for robbery, assault with a deadly weapon and other counts in connection with a 2007 home invasion.



Sludge company's ex-representative pleads guilty
Breaking Legal News | 2009/01/29 01:38
A former representative of a Texas company pleaded guilty Monday to federal bribery conspiracy, admitting a multiyear scheme to win a sludge recycling contract through cash and trips for Detroit officials.

Jim Rosendall's cooperation with the FBI led prosecutors to recommend a sentence of no more than 11 months in prison, well below the five-year maximum.

The company used cash and plane trips to Las Vegas to curry favor with Detroit officials and win the $47 million contract to recycle sludge, according to a criminal charge unsealed earlier in the day.

The city officials were not identified.

The influence-peddling game reached a climax in fall 2007 when a city council member accepted payments to vote in favor of a deal with Synagro Technologies, the government alleges. The contract was approved, 5-4, in November 2007.

"People expected me to give things to get their support," Rosendall, former president of Synagro of Michigan, said in court.

Earlier Monday, Mayor Ken Cockrel Jr. addressed speculation about a federal investigation into the conduct of city government members. "I think we'll have to see how it plays out," he said.

Rosendall's guilty plea comes more than four months after Kwame Kilpatrick resigned as mayor and went to jail in a sex-and-text scandal after admitting he lied during a civil trial to cover up a torrid affair with his chief of staff.

The city council member involved in the bribery conspiracy case was not identified, nor is "City Official A," who with others was flown to Las Vegas in September 2003 at a cost of $20,000 to see a boxing match, the government said.



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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 and help you redesign your existing law firm site to secure your place in the internet.
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