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Ford Agrees to Settle Rollover Case
Breaking Legal News |
2007/11/28 17:03
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Ford Motor Co has agreed to settle class-action litigation covering plaintiffs in four states who claimed its Explorer sport utility vehicles were prone to rollovers, Ford said on Wednesday. "From Ford's position, we believe the settlement is fair and reasonable and in the best in interests of our customers and our shareholders," Ford spokeswoman Kristen Kinley said. A preliminary approval hearing was scheduled for Monday, Kinley said, but declined to estimate the cost to Ford. The settlement applies to about 1 million people in California, Connecticut, Illinois and Texas, according to the Associated Press, which cited Kevin Roddy, a New Jersey attorney and co-counsel for the SUV owners who brought the lawsuit. The attorney, who could not immediately be reached, told the AP that the settlement would be filed later on Wednesday in Sacramento County Superior Court. It will allow vehicle owners to apply for $500 vouchers to buy new Explorers or $300 vouchers to buy other Ford or Lincoln Mercury products. The settlements apply to Explorers from model years 1991 through 2001, Roddy said in the report. |
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Judge removed after jailing entire court room
Breaking Legal News |
2007/11/28 07:53
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A judge who jailed 46 people who were in his courtroom when a cell phone call interrupted proceedings was removed from the bench Tuesday by a state commission. Niagara Falls City Court Judge Robert Restaino "snapped" and "engaged in what can only be described as two hours of inexplicable madness" during the March 2005 session, Raoul Felder, chairman of the state Commission on Judicial Conduct, wrote in the decision to remove Restaino from the $113,900-per-year post. A phone rang while Restaino was hearing the cases of domestic violence offenders who had been ordered to appear weekly to update the judge on the progress of their counseling. A sign in the courthouse warns that cell phones and pagers must be turned off. "Everyone is going to jail," Restaino said. "Every single person is going to jail in this courtroom unless I get that instrument now. If anybody believes I'm kidding, ask some of the folks that have been here for a while. You are all going." When no one came forward, Restaino ordered the group into custody, and they were taken to jail, where they were searched and packed into crowded cells. Fourteen people who could not post bail were shackled and bused to another jail. Restaino ordered them released later that afternoon. Restaino told the state panel he had been under stress in his personal life. His attorney, Terrence Connors, said Restaino would appeal. |
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High court hears case of lost 401(k) funds
Breaking Legal News |
2007/11/27 08:01
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Although U.S. workers can invest money in a retirement fund sponsored by their employer, it is not clear whether they can sue to recover money lost because of mistakes by the fund's administrator.
That issue came before the Supreme Court on Monday in a case that could shape the pension rights of 70 million employees.
The case began when James LaRue, a management consultant from Texas, said he lost $150,000 from his 401(k) retirement account when the plan's administrators ignored his instructions to move his money from a high-risk stock fund into government bonds in 2001. LaRue sued his employer, DeWolff, Boberg & Associates, but his claim was thrown out before a trial because, according to the lower courts, the federal law governing pensions and benefits does not allow individuals to sue over losses in their retirement accounts.
His case prompted the high court to reexamine the federal pension law in an era when employees -- not their employers -- are responsible for deciding where their retirement funds will be invested.
In 1974, Congress adopted federal rules for employer-sponsored pension funds and health benefits in the Employee Retirement Income Security Act. In the decades since, the high court has interpreted this worker-protection law to bar employees from suing their employers over benefit claims. For example, the court said employees and their families could not sue for damages if their healthcare plan refused to pay for a needed medical treatment.
During Monday's oral argument, the justices seemed divided over whether to allow employees like LaRue to sue over losses in their retirement funds.
Under the 1974 law, the sponsors for a pension plan who breach its trust can be sued and forced to pay for "any losses to the plan." But the lawyer for LaRue's employer said that did not refer to individual claims. It refers to "something systemic, something that affects the interests of the plan as a whole rather than just one individual participant," said Thomas Gies.
He and other business lawyers warned that opening the door to lawsuits over investment losses could prove very costly to employers -- and could even encourage some of them to drop their retirement plans.
Bush administration lawyers joined the case on the side of LaRue. They said the 1974 law was intended to protect the pensions of workers. "It is thus hard to imagine that Congress would have left participants and beneficiaries who have been injured by a breach of [trust] duties without any effective federal remedy," said U.S. Solicitor General Paul Clement in his brief to the court.
A huge sum of money is potentially at issue, Clement noted. In the first quarter of this year, so-called defined contribution plans, to which employees contribute their own money, held about $3.3 trillion in assets, according to the Federal Reserve Board.
Representing LaRue was Peter K. Stris, a law professor at Whittier Law School in Costa Mesa. He said the "plain text" of the 1974 law allows suits when trustees breach their duty, and that is what occurred in this case. This is "a make-whole remedy for . . . losses that are caused by a breach of trust," he said, not an open-ended claim for damages against the employer.
While Chief Justice John G. Roberts Jr. and Justice Antonin Scalia seemed skeptical of LaRue's right to sue, Justices David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer appeared equally skeptical of his employer's claim that no lawsuits are allowed.
And Justice Anthony M. Kennedy, who usually casts the deciding vote when the court is closely split, was uncharacteristically quiet during the hourlong argument. |
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Court to Consider Investor's 401(k) Suit
Breaking Legal News |
2007/11/26 08:41
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James LaRue says he lost $150,000 when his instructions to his employer on where to invest money in his retirement plan were ignored. Now the Supreme Court will decide whether a federal pension-protection law gives LaRue the right to sue to recover his losses. Arguments in the case, which has far-reaching consequences, were scheduled for Monday. LaRue, who used to work at a management consulting firm, is among the 42 million workers who contributed to a 401(k) retirement plan. At issue in LaRue's case are the limits to lawsuits under the Employee Retirement Income Security Act. It regulates private-sector retirement plans holding over $5.5 trillion in assets, including $2 trillion in an estimated quarter of a million 401(k) plans across the country. Unlike traditional pension plans, participants in 401(k) plans — named after a section in tax law — do not know how much money they will receive in retirement. It depends on how well their chosen investments have performed. ERISA was designed to safeguard pension fund money from misappropriation. The 1974 law followed the failure of some companies to pay promised pensions and extensive looting of some pension and welfare funds at companies and labor unions. Class-action suits filed under the law over the past decade have targeted Enron, WorldCom and other major companies tainted by scandal. From a legal standpoint, it is less clear what action an individual account holder can take against a retirement plan when the conduct at issue is less than criminal. LaRue says that in 2000 and 2001 he requested changes in his investment allocations in mutual funds that were available to participants in his company's 401(k) plan. He says the requests were not honored. "I wanted to sell stocks and move to cash because I thought the market would head down. I was right," LaRue said in a telephone interview. "I didn't find out that the plan had not executed my transactions until 10 months later. They had a substandard reporting system. I left the firm. I asked them again to make the change, and they still didn't do it. I don't know why." The Bush administration, siding with LaRue, says an appeals court ruling against him would leave participants in "the most common form of pension plan who have been injured by a breach of fiduciary duty without a meaningful remedy from any court." LaRue sued in 2004, saying he had tried to avoid going to court and instead sought to reach a settlement with his former employers. He was unsuccessful, as it turned out. "We had already been through one lawsuit over stock in the company, which I won," said LaRue. "Even though I prevailed, it was not pleasant. I didn't want to go through it again." Business groups assign a different motive to the long delay in filing the second suit, saying LaRue was waiting to see how the market performed. If the value of his investment went up, he made money. If it went down, he would head to court. LaRue, according to the American Council of Life Insurers, was "squarely in the proverbial catbird seat. ... He could not lose. ... Granting LaRue relief in this case would encourage other plan participants to do the same." In papers in the case, the council said denying LaRue the right to sue for damages would ensure that a plan participant who claims his investment directions were not followed would act promptly, seeking a court order if necessary. When ERISA was passed, decisions on where to invest money were out of workers' hands. Under 401(k) and other types of plans, employees make the choice. "If they're going to shift the responsibility for a plan from a company to the individual, then they should listen to our instructions," LaRue said. ERISA pre-empts state laws relating to employee benefit plans, meaning LaRue cannot use them to sue, and therein lies his problem. Besides protecting workers, ERISA was aimed at encouraging employers to set up retirement plans and in doing so, Congress limited the right to sue. Just where the line is drawn is the question in LaRue's suit, though the Supreme Court in past decisions on ERISA has drawn the line in favor of employers. The business world says allowing cases like LaRue's could lead to a wave of suits without merit. "There is a cost associated with any expansion of remedies," the U.S. Chamber of Commerce said in a filing in the Supreme Court supporting LaRue's former employer. Opening up plan administrators to liability will increase the cost of running ERISA plans, result in fewer being established or reduce the level of benefits, the business group says. The case is LaRue v. DeWolff, Boberg & Associates Inc; and DeWolff, Boberg & Associates Inc., Employees' Savings Plan, 06-856. |
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Court Declines Mich. Faith-Based Case
Breaking Legal News |
2007/11/26 05:41
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The Supreme Court on Monday declined to get involved in a dispute between Michigan officials and a faith-based program for troubled youths. The Michigan Family Independence Agency imposed a moratorium on Teen Ranch Inc. from participating in a government-financed program for abused, neglected and delinquent children, saying the ranch coerced the 11- to 17-year-olds into religious activities. Teen Ranch denies that it forced the young people to attend religious services, saying that it offers alternatives such as academic study time, writing letters home and recreational time in a gymnasium. In asking the justices to take the case, lawyers for Teen Ranch say the 6th U.S. Circuit Court of Appeals in Cincinnati incorrectly expanded a 2003 Supreme Court ruling to cover Teen Ranch. In the 4-year-old ruling, the Supreme Court barred state scholarships for students studying to enter the clergy. The appeals court decision enables bureaucrats "to discriminate against religious organizations at will," lawyers for Teen Ranch said in asking the justices to take the case. |
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Family of alleged Bulger victim to get day in court
Breaking Legal News |
2007/11/26 01:54
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Another family of a man allegedly ordered killed by Whitey Bulger may be able to win damages against the FBI without going through a trial. On February 19, U.S. District Court Judge Reginald Lindsay will consider a motion for summary judgment by the widow of Richard Castucci. Bulger allegedly had the 48-year-old Castucci killed in 1976 because he told the FBI about the hiding place of 2 fellow gangsters. Bulger allegedly learned about Castucci from rogue FBI agent John Connolly. Lindsay scheduled the Castucci hearing last week, right after he ruled the federal government liable for the 1982 murders of Edward Brian Halloran and Michael Donahue. Halloran was allegedly murdered by Bulger after Connolly told him Halloran was going to implicate him in a murder. Donahue was an innocent bystander. |
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Maryland Police/Sheriff Investigate Taser Death
Breaking Legal News |
2007/11/19 09:43
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Frederick law enforcement agencies are conducting dual investigations into the death of a 20-year-old man who died Sunday after a Frederick County Sheriff’s deputy used a Taser to subdue him.
According Cpl. Jennifer Bailey, spokeswoman for the Sheriff’s Office, a deputy responded to the 7000 block of Gresham Court East, Frederick, at 4:54 a.m. Sunday for the report of a fight in progress.
The deputy — whose identity has not been released — found four people fighting, and deployed a Taser, striking Jarrel Gray of Frederick.
Gray fell to the ground, and he received medical attention. He was transported to Frederick Memorial Hospital, where he was later pronounced dead.
The deputy who fired the Taser has been placed on administrative leave with pay during the investigation, which is normal procedure.
On WFMD Monday morning, Sheriff Chuck Jenkins (R) said two investigations are under way: The Frederick Police Department is investigating Gray’s death, while the Sheriff’s Office is investigating the use of the Taser by one of its deputies.
According to Frederick County Circuit Court records, Gray was serving two years and six months of supervised probation stemming from charges of second-degree assault and resisting arrest in November 2006.
This incident comes almost two weeks after a Frederick County Sheriff’s deputy used a Taser in his role as a school resource officer at Tuscarora High School.
In that incident, an 18-year-old student was not injured as he resisted a deputy’s command to step away as he broke up a fight at the school. |
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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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