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Lawsuit Filed Over California Teachers Qualifications
Breaking Legal News | 2007/08/22 07:31
Your child's school may call its teachers highly qualified, but that could really mean: still in college. Parents in two bay area school districts are now suing the U.S. department of education over the quality of teachers in California, claiming the teachers with no credentials are often sent to schools that could use the help of the most-experienced educators.

A number of parents in Los Angeles are also taking part of this lawsuit and what we have seen in California is that many serving African-Americans and Latinos have a disproportionate number of under qualified teachers. We are not saying that they are bad, just that they are inexpirienced. And California has gotten away with it.

Like most parents, Maribel Heredia of Hayward wants highly qualified teachers for her kids. She says many Hayward schools are not delivering.

"My son came home and said his teacher went to college today and I was kind surprised by that," said Maribel Heredia from Hayward.

Surprised because she thought her son's teacher was already fully credentialed and not a teacher-in-training. So when the teacher would to leave to go to college, a substitute would fill in.

Heredia is suing the U.S. Department of Education.

"It's very important for the parents to have this information. Who is teaching your child at school," said Heredia.

While schools report the number of fully credentialed teachers, they don't specify which teacher is or is not. Under the "No Child Left Behind" Act, Congress said all teachers must be fully credentialed; only then are they considered highly qualified.

But the U.S. Department of Education allows some states including California to also count their teachers in training as highly qualified.

Why? Because California has a teacher shortage.

"You know we have those big districts that are going begging. They are not being filled," said Merrill Vargo from Springboard schools.

Fully credentialed teachers have taken more tests, and have had more on-the-job training. The suit also argues that quite often these teachers-in-training are more concentrated at low-income and high-minority schools.

The State Superintendent of Schools, Jack O'Connell said today: "this is a factor in why we have an achievement gap in our state between students who are African American or Latino and their peers who are white or Asian."

"Does it mean that all the teachers in Walnut Creek are better than all the teachers in Oakland? Of course not. But on average, you are going to see more highly qualified, more top-notch, experienced teachers in a suburban district that in an urban district," said Derecka Mehrens, from the Association of Community Organizations For Reform Now.

The activist group acorn has also put its name on the lawsuit.

"This lawsuit is being made in hopes that we can raise for what the Department of Education right now considers highly qualified," said Mehrens.

The law firm Public Advocates is another plaintiff in this case. They say more than 10,000 teachers-in-training are labeled as highly qualified by the state. The case will be heard at the U.S. District Court in San Francisco.



Vick football future in doubt after dog-fighting plea
Breaking Legal News | 2007/08/22 07:27
Atlanta Falcons quarterback Michael Vick may never play in the National Football League again after agreeing on Monday to plead guilty in a dog-fighting case.
Vick, 27, faces up to five years jail if convicted on the initial charges related to the dog-fighting ring he was accused of operating at his Virginia property.

"Michael Vick typically does his best work when it appears he has nowhere to go," wrote Dan Pompei in Tuesday's Chicago Tribune.

"But the Atlanta Falcons' embattled quarterback is not going to scramble out of this one. He can't juke to his right to find a lane, or sprint to his left and outrun his pursuers.

"Throwing up a prayer isn't even an option -- though saying one is."
Beyond any jail time Vick may serve, the strong-armed, fleet-footed Atlanta Falcons quarterback is likely to face further punishment from NFL Commissioner Roger Goodell, who has cracked down on players in trouble with the law.

Vick told Goodell in a face-to-face meeting in the spring he had nothing to do with the dog-fighting allegations, which included gambling and executions of dogs that underperformed.

His decision to plead guilty came after his three co-defendants made their own plea deals with the understanding they would testify against the quarterback.
"Michael Vick destroyed dogs, according to his partners in the despicable and inhumane crime, and as partial punishment, he has destroyed his NFL career," wrote Gary Myers of the New York Daily News.

Myers speculated that Vick could end up losing at least two to three NFL seasons with an expected league suspension following any jail time.

"Depending what the NFL uncovers in the illegal gambling aspect of the case, Goodell has the power to suspend him for life," Myers wrote about the six-year veteran and three-times Pro-Bowl selection.

"Three years away from the game should just about rob Vick of his greatest gifts -- his incredible athleticism and electrifying speed. Working out in the prison courtyard is not quite the same as training camp."

Many columnists wrote that if Vick should try a comeback after seasons away from the gridiron, teams would shy away from a player who could be a public-relations nightmare.

"For one of the league's most celebrated and marketable players, it's a staggering plunge from NFL penthouse to possible federal penitentiary," said USA Today's Jon Saraceno.

Vick signed a 10-year, $130 million contract with the Falcons in 2004. He has had his ups and downs on the field, making dazzling touchdown runs with his breakaway speed while at times misfiring for costly interceptions.


NFL star Vick's guilty plea exposes brutal hobby
Breaking Legal News | 2007/08/21 08:32

STAR gridiron quarterback Michael Vick looks set to trade in his career for jail, after agreeing to plead guilty to running an illegal dog-fighting ring. The Atlanta Falcons player has been accused by his co-defendants of helping to drown or hang at least eight pitbull terriers that under-performed in dog fights. The case against Vick, which alleges that dogs that lost fights were electrocuted, shot, drowned or hanged, has been met with widespread disgust and outrage across America.

Vick has reportedly pocketed more than $US60 million from his dazzling six-season career in the National Football League, which began when he was the league's No. 1 pick in 2001.

He is expected to be sentenced next week and faces up to five years' jail and $US250,000 in fines. He is tipped to spend about a year behind bars.

Vick's lawyer, Billy Martin, said the player had accepted a plea deal after consulting his family. Mr Martin said Vick would accept full responsibility for the mistakes he has made.

"Michael wishes to apologise again to everyone who has been hurt by this matter," he said. Vick's decision to accept a plea deal from federal prosecutors came as a Grand Jury was hearing evidence against him.

The hearing could have decided to lay harsher charges against the player, including racketeering and gambling. Vick's career, endorsements and reputation are now in tatters. NFL Commissioner Roger Goodell has already banned Vick from Falcons training. He faces a lifetime ban from football under the league's personal conduct policy.

The dynamic player, who was the No. 1 NFL pick in 2001, has already suffered a backlash from sponsors, with Nike suspending the release of a new Michael Vick shoe and Reebok withdrawing his jerseys from sale.

Three co-defendants of Vick had already agreed to plea deals that required them to provide statements against Vick, who initially denied having any involvement.

Vick is accused of bankrolling the "Bad Newz Kennels" operation on Vick's Virginia property. The investigation into his alleged dog fighting activities began in April when dozens of pitbull dogs and dog-fighting equipment was found on the property.

The court documents say the search found about 54 American pitbull terriers, some of which had scars and injuries appearing to be related to dog fighting.



Man pleads guilty to killing co-worker rival
Breaking Legal News | 2007/08/21 04:44
A suburban Buffalo man has pleaded guilty to charges stemming from the shooting death of a co-worker who was involved in a lovers' triangle via the Internet.

Forty-eighty-year-old Thomas Montgomery of Cheektowaga pleaded guilty today to first-degree manslaughter in the killing of 22-year-old Brian Barrett of Lockport.

Barrett's body was found in his vehicle in the parking lot of the suburban Clarence company where both men worked.

Montgomery admitted to shooting Barrett three times last September. He and Barrett had been involved in an Internet relationship with a middle-aged West Virginia woman who was using her daughter's Web page information to pose as an 18-year-old.

Montgomery -- who was charged with murder in late November -- faces sentencing at the end of October.



Comcast Wins Legal Battle With Direct T.V.
Breaking Legal News | 2007/08/20 10:05
A legal battle between Comcast Corp. and the DirecTV Group in Los Angeles ended in DirecTV having to stop attacking Comcast in its ads.

The two companies charged each other with false advertising, but Comcast won out last week when U.S. District Judge John Grady told DirecTV it can't cite false studies claiming its High definition product is better than Comcast's, said The Hollywood Reporter Sunday.

DirecTV was using "favorable results" from a TNS survey in recent ads, though the judge said the survey compared a DirecTV digital signal to an analog signal from Comcast.

Another ad cited a survey from Alliance Consulting Group of professional home-theater installers that claimed they preferred the picture quality of DirecTV over cable, though the judge deemed that one unfair, as well.

Grady's ruling said DirecTV must "immediately cease and refrain in any territory in which Comcast provides cable television" advertising any claims stemming from the TNS or Alliance Consulting Group surveys.


NSA spying programme argued at court hearing
Breaking Legal News | 2007/08/17 08:21

A US appeals court has agreed to weigh a government motion to dismiss a lawsuit alleging that the National Security Agency (NSA) monitored phone lines and emails without a warrant, but judges asked a government lawyer tough questions over the issue. The Electronic Frontier Foundation (EFF) filed a class action lawsuit against AT&T claiming the company violated the privacy rights of its customers when it cooperated with an NSA programme of monitoring AT&T customer phone calls and e-mail traffic without warrants.

Deputy Solicitor General Gregory Garre, representing the government, argued that letting the case go to trial, "would reveal the sources, methods and operational details" of government intelligence activities. The alleged monitoring is part of more rigorous surveillance practices put in motion after the terrorist attacks of 11 September, 2001.

After a two-and-a-half hour hearing, the US Court of Appeals for the 9th District, in San Francisco, said it will consider the dismissal motion as well as a one in a second lawsuit also challenging the NSA programme.

But Appeals Court judges Michael Daly Hawkins, Margaret McKeown and Harry Pregerson, peppered Garre with questions, challenging his argument that the state secrets privilege trumps the right of the plaintiffs to have their case heard.

Pregerson asked Garre how a court is to decide whether something the executive branch claims is a state secret is a secret, if the executive branch won't reveal what it claims is a secret.

"Who decides what's a state secret? Are we just a rubber stamp? We're just supposed to take the word of the executive?" Pregerson asked.

Garre responded that the court should give "the utmost deference" to the executive branch's claim that something is a state secret, but acknowledged that it is not an "absolute deference".

The EFF says that AT&T, at one of its offices in San Francisco, diverted internet traffic, including emails and Voice over IP (VoIP) phone calls, to a separate room in which NSA-authorised people monitored the network traffic. Robert Fram the attorney for EFF, said that just the act of diverting that traffic into a room controlled by the NSA proved their case against AT&T and that they would not have to try to risk violating the state secrets privilege by trying to disclose what was done with the information.

But Garre, in rebuttal, argued that if the surveillance done in that room was approved by a warrant, then there is no violation by the government or AT&T in diverting internet traffic to that surveillance room.

The second case is that of the Al-Haramain Islamic Foundation versus President George W. Bush, which claims the government engaged in warrantless surveillance of their organisation, in violation of its constitutional rights.

The appeals judges gave no indication when they might rule on the motion to dismiss. Lee Tien, an EFF staff attorney, said given the notoriety of the case, the judges could render a decision soon, but at the same time, given the gravity of the issues, they might take more time.



White House backs banks in Supreme Court case
Breaking Legal News | 2007/08/16 07:55
The brief by the U.S. solicitor general contradicts a brief filed by the Securities and Exchange Commission, which argued for shareholders' rights to sue those third parties. "Allowing liability for a primary violation under the circumstances presented here would constitute a sweeping expansion of the judicially inferred private right of action" under securities law, wrote Solicitor General Paul Clement.

Such a move could expose customers, vendors and others to "billions of dollars in liability when issuers of securities make misstatements to the market," he wrote.
Clement wrote that allowing third parties to be sued would "vastly expand liability in unpredictable ways."

The case, Stoneridge Investment Partners v. Scientific-Atlanta, Inc., has attracted considerable interest from lawmakers and industry associations. On Tuesday, Senate Banking Committee Chairman Christopher Dodd, D-Conn., asked President Bush to back the SEC's position.

Meanwhile, Securities Industry and Financial Markets Association President Marc Lackritz said allowing third parties to be held liable would result in skyrocketing litigation costs for companies.

"Investors already receive substantial protections under the law, and the Securities and Exchange Commission and other securities regulators are already armed with all the necessary regulatory tools to recoup lost money for investors," Lackritz said.
Similarly, the U.S. Chamber of Commerce, a business trade group, had urged the court to reject the expanded liability, known in legal terms as "scheme liability."

"Congress authorized the SEC to enforce securities laws against third parties and disburse funds to harmed investors," said Robin Conrad, executive vice president of the National Chamber Litigation Center.

"The Supreme Court should not upset that legislative decision by allowing class action lawyers to increase litigation risk and further hamper the competitiveness of American markets," Conrad said.

The Supreme Court is scheduled to hear the case in its fall term.


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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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