|
|
|
Judge Extends Microsoft Timeframe
Breaking Legal News |
2007/10/31 03:47
|
| federal judge in Washington, D.C., has extended the timeframe for considering several states' arguments for five additional years of oversight of Microsoft Corp.'s competitive practices, and the software maker's arguments against that extension. On Tuesday, U.S. District Judge Colleen Kollar-Kotelly also extended parts of the consent decree — part of the 2002 antitrust settlement, which is set to expire Nov. 12 — to no later than Jan. 31, 2008, to allow time to consider the arguments made by both sides. Two separate groups of states filed motions last week asking Kollar-Kotelly to monitor Microsoft through 2012. In one court filing, the states of New York, Maryland, Louisiana and Florida said they were concerned that the oversight may not have "enough traction to enhance long-term competition" among makers of computer operating systems. Kollar-Kotelly gave Microsoft until Nov. 6 to oppose the motions, a week longer than the original deadline. The judge gave the U.S. government a Nov. 9 deadline to submit an amicus brief, and said the states must file additional responses by Nov. 16. She also canceled a status hearing that was slated for Nov. 6. The antitrust settlement reached among Microsoft, the federal government and 17 states barred the software maker from certain anticompetitive behaviors and sought to keep it from using its operating system monopoly to quash competition in other types of software. |
|
|
|
|
|
|
Penn Hills woman pleads guilty in Duquesne shooting
Breaking Legal News |
2007/10/31 01:51
|
| A former Duquesne University student pleaded guilty Tuesday to charges that she helped her armed friends get into a school dance the night five basketball players were shot and wounded. Brittany Jones, 20, was sentenced Tuesday to two years of probation. A judge also ordered Jones to stay off the university's campus and away from anyone with a gun. Jones' attorney, James Ecker, said his client could have been sentenced to years in prison if she had not reached a plea agreement. "She's very happy, she's continuing going to church and she has a job," Ecker told The Associated Press. "She's very happy and her family's very happy." Jones was the last of four defendants to plead guilty in the September 2006 shooting in which basketball players Sam Ashaolu, Shawn James, Kojo Mensah, Aaron Jackson and Stuard Baldonado were injured. The gunman, William B. Holmes III, 19, was sentenced Friday to up to 40 years in prison. Another shooter, Derek Lee, 19, was sentenced Oct. 23 to up to 14 years in prison. The two shots fired by Lee did not hit anyone, authorities said. Jones was a member of the group that sponsored the dance, and invited a group of friends, among them Holmes and Lee, to the on-campus party. She knew some of the men were armed and asked a doorman if people attending the dance were being frisked, which they were not, authorities said. Another girl, Erica Sager, 19, who knew the two gunmen, flirted with the basketball players, sparking the fight between the two groups. Sager had pleaded no contest to a riot charge and was sentenced to probation. Allegheny County Common Pleas Judge Lawrence O'Toole on Tuesday harshly criticized Jones for inviting the gunmen to the party. Jones burst into tears and apologized for her actions after O'Toole sarcastically told her she could have also chosen to hang out with gangsters Bonnie and Clyde if they were available. Three of the players who were shot, James, Mensah and Jackson, have recovered and are expected to start this season. Ashaolu, who still has shrapnel lodged in his head, is back in school, but does not expect to return to the team until next season. Baldonado has been suspended due to several arrests this year. It is unlikely he will to return to the university. In April, he sued Duquesne University, alleging it failed to provide adequate security at the dance. |
|
|
|
|
|
|
Hexcel Pays US $15M for Defective Bullet-Proof Vests
Breaking Legal News |
2007/10/30 12:03
|
Hexcel Corporation of Stamford, Conn., has agreed to pay the United States $15 million to resolve allegations it violated the False Claims Act in connection with its role in the manufacture and sale of defective Zylon bullet-proof vests to federal, state, local and tribal law enforcement agencies, the Justice Department announced today. As part of the agreement with the government, the manufacturer has pledged their cooperation in the government’s on-going investigation of other participants involved in the fraudulent conduct.
The United States alleges that Hexcel wove Zylon fiber supplied by Toyobo Corporation into ballistic fabric used in bullet-proof vests sold by Second Chance Body Armor; DHB Inc. and its subsidiaries, Point Blank Body Armor and Protective Apparel Corp. of America; Armor Holdings and its subsidiaries, American Body Armor and Safariland; and Gator Hawk Armor. These vests were purchased by the United States directly and by various state, local and tribal law enforcement agencies, who were reimbursed with federal funds.
The United States alleged that Hexcel knew the Zylon manufactured by Toyobo was defective and degraded quickly when exposed to heat, light, and humidity. Additionally, the government alleged the company knew Toyobo provided Hexcel with “Red Thread” Zylon, which was weaker than standard Zylon.
“These defective vests were worn by federal officers, who side by side with the Department of Justice, enforce the laws of this nation, and by state, local and tribal officers, who are on the streets every day, contributing to a safer America,” said Peter D. Keisler, Assistant Attorney General for the Civil Division and Acting Attorney General. “We will never tolerate fraud that places our first responders at risk.”
In July 2005, the Justice Department filed a complaint against Second Chance Body Armor and the Toyobo Company, seeking to recover damages relating to the sale of defective Zylon bulletproof vests to the United States. In June of this year, the government filed a lawsuit against Toyobo Co. Ltd. of Japan and its American subsidiary, Toyobo America Inc., for their roles in the manufacture and sale of defective Zylon bullet-proof vests to U.S., state, local and tribal law enforcement agencies. |
|
|
|
|
|
|
AT&T to Pay Divestitures to Justice Department
Breaking Legal News |
2007/10/30 11:52
|
The Department of Justice announced today that it has reached a settlement requiring AT&T Inc. (AT&T) to divest assets to address competition concerns in seven markets in Kentucky, Oklahoma, Missouri, Pennsylvania and Texas, including rights to the “Cellular One” brand in order to proceed with its $2.8 billion acquisition of Dobson Communications Corporation (Dobson). The Department said that in certain areas the transaction, as originally proposed, would have resulted in higher prices, lower quality, and diminished investment in network improvements, and would have substantially lessened competition to the detriment of consumers of mobile wireless telecommunications services.
The Department’s Antitrust Division filed a civil lawsuit today in U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the Department filed a proposed consent decree that, if approved by the court, would resolve the Department’s competitive concerns and the lawsuit.
“The required divestitures will preserve competition for residents in rural areas in Kentucky, Oklahoma, Missouri, Pennsylvania and Texas and ensure that these consumers continue to enjoy the benefits of competition, such as lower prices, and higher quality,” said Thomas O. Barnett, Assistant Attorney General in charge of the Department’s Antitrust Division.
The transaction is also subject to review by the Federal Communications Commission (FCC). The Department has coordinated with the FCC throughout its investigation.
The divestitures are required to assure continued competition in markets where the merger would otherwise result in a significant loss of competition. In three rural service areas (RSAs) in Kentucky and Oklahoma, AT&T and Dobson each hold one of the two cellular licenses and are the most significant competitors. In two RSAs in Missouri and Texas, AT&T has a minority equity interest in, and important control rights over, the primary wireless competitor to Dobson. According to the complaint, the proposed transaction would substantially reduce competition for mobile wireless telecommunications services in these five markets where the businesses wholly or partially owned by Dobson and AT&T collectively serve more than 60 percent of subscribers. The proposed divestitures remedy the competitive problem caused by the otherwise overlapping ownership.
Similarly, the divestiture of the Cellular One brand and associated rights will ensure continued competition in two markets in Pennsylvania and Texas where a Cellular One licensee is the primary wireless competitor to AT&T. Without the divestiture, AT&T would have had the incentive and ability to harm competition by limiting and eliminating the Cellular One licensee’s ability to use the brand effectively.
AT&T is the largest mobile wireless telecommunications services provider in the United States, measured by subscribers, offering service to more than 63 million subscribers in 50 states. In 2006, AT&T earned revenues of approximately $37.5 billion in revenues from its mobile wireless telecommunication services. Dobson is the ninth largest mobile wireless telecommunications services provider to approximately 1.7 million subscribers in the United States, offering service in 17 states. In 2006, Dobson earned approximately $1.3 billion in revenues. Dobson also owns Cellular One Properties LLC, which licenses the Cellular One brand and promotes the Cellular One service market and related trademarks, service marks and designs. |
|
|
|
|
|
|
Judge Refuses To Block Moment Of Silence, For Now
Breaking Legal News |
2007/10/29 11:54
|
An atheist who's challenging a new state law that mandates a moment of silence in Illinois schools before the start of each school day has lost his first battle but,is still waging his war. The latest on the story from WBBM's Regine Schlesinger.
Atheist Rob Sherman and his daughter Dawn, 14, went before U.S. District Judge Robert Gettleman asking the judge to bar Buffalo Grove high school from implementing the new law tomorrow. Judge Gettleman denied the motion but, held out the possibility he might still issue a statewide injunction at some future point.
Sherman argues the law is intended to inject religion in the public schools even though it's worded as a time for prayer or reflection. He says his daughter is being robbed of valuable time.
While denying the injunction Judge Gettleman indicated he has serious reservations about the law. The next hearing is scheduled for November 14th. |
|
|
|
|
|
|
Supreme Court to review Exxon Valdez award
Breaking Legal News |
2007/10/29 09:44
|
| The Supreme Court will decide whether a $2.5 billion punitive damages award against Exxon Corp. -- now Exxon Mobil -- for its role in the 1989 Exxon Valdez oil spill in Alaska was excessive. The justices agreed to hear the case Monday, and oral arguments will be held sometime next year. The suit was brought by fishermen, landowners, local governments and native Americans who claimed private economic harm from the spill. The company claimed it had already paid many millions in government fines, as well as $3.4 billion in cleanup costs. A jury originally awarded $5 billion in 1994. A federal court later cut that amount in half, but it still was believed to be the largest punitive damages judgment of its kind in U.S. courts. Much of the initial blame in the accident was placed on Capt. Joseph Hazelwood, whose alcohol abuse was found to have contributed to mistakes that let the ship to run aground. The company and the plaintiffs used different arguments when citing Hazelwood's actions, in efforts to boost their respective cases. The issue was whether, based on past high court precedent limiting punitive awards, the judgment was too high. The company argues it should not have to pay any damages, and that the case has dragged on too long. Special maritime laws govern these kinds of disputes, and previous such cases will be important benchmarks when the justices grapple for a ruling. Lawyers for the plaintiffs said the company has deep financial pockets, and even a multibillion-dollar judgment amounts only to "barely more than three weeks of Exxon's net profits." |
|
|
|
|
|
|
NHPD narcotics cop pleads guilty
Breaking Legal News |
2007/10/29 06:58
|
| Former New Haven Police Department Lt. William “Billy” White, who headed the department’s narcotics unit for more than a decade, pleaded guilty Friday to conspiracy to commit bribery and theft of government property. White’s change of plea status — he pleaded not guilty shortly after his arrest last March — may result in a lesser sentence than if had he not changed his plea and had then been found guilty. White’s decision follows close on the heels of guilty pleas by former NHPD Detectives Jose Silva and Justen Kasperzyk, two other subjects of the federal investigation. Following White and Kasperzyk’s arrest, the NHPD disbanded the narcotics unit and the city hired the Police Executive Research Forum to evaluate the NHPD. At forums since the original arrests, some city residents expressed frustration with a department they said has lost sight of community policing. City Hall spokeswoman Jessica Mayorga said the three former police officers do not represent the general conduct of the rest of New Haven’s police force. “It’s important for the community to understand that this is three officers who did despicable things,” Mayorga said. “These … officers do not represent the hard work of those 400 other officers.” White has been charged with one count of bribery conspiracy — for which he faces up to five years imprisonment and a $250,000 fine — and two counts of government property theft, which could lead to 10 years and $250,000 in penalties. White must also pay restitution for the stolen federal and local funds and forfeit the money he gained from the bribery conspiracy, which will total over $25,000. But the guilty plea affords White the benefit of a potential reduction of his Adjusted Offense Level, making 37 to 46 months imprisonment and a fine between $7,500 and $75,000 the most probable punishment. White is also subject to three years of supervised release after his prison term ends. The Federal Bureau of Investigation began its undercover operation in July 2006, when a clandestine Connecticut State Police Sergeant began working with White, the supervisor of NHPD’s Narcotics Enforcement Unit at the time. Several incidents — including an FBI sting operation on Jan. 31, 2007 — confirmed White’s participation in unlawful acts and culminated in his indictment. The FBI planted about $27,500 in a car with hidden cameras and microphones during its sting operation, luring White to the scene with a tip from the undercover agent’s informant. During this first encounter, White searched the trunk and removed $5,000 of the cash, professing he would not steal all of the funds in order to protect the informant’s safety. But later in the day, White, thinking the money belonged to a drug dealer, returned to the car and stole all of the money, splitting the stolen funds with the unnamed undercover officer. |
|
|
|
|
|
|
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. |
Law Firm Directory
|
|
Legal News RSS Feed
