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Legal Battle Looms Over Tacoma Billboards
Breaking Legal News | 2007/06/25 11:15
Ten years ago, the City of Tacoma adopted strict new rules limiting the size and placement of billboards. Nothing bigger than 300 square feet. Nothing closer than 250 feet to a residential area, church or school, historic district, playground or park.

More than two-thirds of the city’s billboards didn’t conform, but nothing happened right away. The billboard industry, which lobbied hard to block the limits, was given 10 years to bring the signs into compliance or remove them.

The deadline is Aug. 1.

But it doesn’t appear anything will happen then, either. Clear Channel Outdoor – the sole owner of billboards under the city’s jurisdiction – is gearing up for a legal battle similar to those waged by billboard owners throughout the country.

The first indication came this week when the city received a response to a letter sent to a Clear Channel representative in Seattle earlier this month reminding him of the approaching deadline, and asking for a schedule by Friday of how the company intended to comply with the city’s ordinance.

Chris Artman, president of Clear Channel Outdoor Northwest, told The News Tribune on Thursday that his company wants to meet with Tacoma officials to work out a solution. “This isn’t something that needs to end up in litigation,” Artman said.

The same day, the city received a letter from a Clear Channel attorney stating that the city’s ordinance was unconstitutional and unenforceable. Even if it was enforceable, the company would be owed $50 million or $60 million to remove the signs, wrote Seattle attorney Paul Taylor.

“Clear Channel’s billboards in Tacoma are worth millions of dollars,” Taylor said. “Absent an agreed resolution, Clear Channel has no choice but to vigorously protect its interest. There will be protracted, expensive multi-year litigation.”

Tacoma’s tightening of the rules came partly in response to the sprouting of billboards on tribal property along Interstate 5 – which the city could do nothing about – as well as a 600-square-foot billboard erected at South Union Avenue and Center Street. Then-Mayor Brian Ebersole referred to the city’s billboards as ugly and obnoxious, and wanted to ban them.

After facing intense lobbying from the billboard industry, the City Council approved the ordinance with a 10-year amortization period that officials said was intended to give billboard owners time to recoup their investments. The action, characterized at the time as the beginning of a slow death for billboards, was considered preferable to an outright ban, which a city planner said would require the city to compensate billboard owners and the land owners who lease to the billboard companies to the tune of $40 million to $60 million.

Since then, the City of Federal Way lost a court battle over its sign code when a business owner refused to comply at the end of an amortization period. Two lower courts sided with the business, saying that amortization period alone wasn’t sufficient compensation, and the city must either compensate the owner for the loss of his sign or allow it to remain. The city appealed to the state Supreme Court, which declined to hear the case.

In its letter to Clear Channel, Tacoma’s building official appears to concede that the city may need to compensate the company for the loss of some signs, namely those that fall under the state’s Scenic Vistas Act. City officials are still calculating how many they believe would fall under the law, but they think it’s in the neighborhood of 30 of the 193 nonconforming Clear Channel billboards.

Clear Channel’s attorney said the company has 83 billboards that are visible from a state highway and are subject to compensation under state law. He identified the highways as Interstate 5, and highways 16, 705, 7, 163 and 509.

The conservative value of those structures is between $12 million and $15 million, Taylor estimated. But the city would also have a constitutional obligation to compensate Clear Channel for the remainder of the company’s signs, which would bring the required payment up to the $50 million or $60 million range, he said.

In addition, the landlords who lease to Clear Channel would be entitled to compensation for lost rent, Taylor said, adding that he has reason to believe one or more landlords will be bringing a class action lawsuit against the city.

Billboard operators have become highly skilled at opposing regulations, often using the court system to delay enforcement of rules and drive up the cost to local governments, said Kevin Fry, president of Scenic America.

The Washington D.C.-based nonprofit organization opposes billboards and other so-called visual pollution. But Fry said Tacoma shouldn’t back down. Unless the city’s ordinance was badly written, the city will eventually prevail, he predicted.

William Brinton, a Jacksonville, Fla., attorney who serves on the board of directors of Scenic America, said billboard operators work from a predictable playbook.

“They have three tactics,” Brinton said. “One: Delay. Two: See the first tactic. Three: Delay.”

Local governments generally fare better when they take the fight to the industry, Brinton said. In some cases, it’s true that governments need to compensate billboard companies for taking down signs, Brinton said. But the amount of compensation isn’t specified, and local governments can try to reach a settlement that lets the billboard company keep the sign up for a period of time in lieu of cash.

“At the end of the day, it comes down to the spine of the elected officials and the skill of the lawyer,” Brinton said.

Councilman Tom Stenger signaled a willingness to take on the struggle by noting the city’s successful drive to ban minicasinos. “Why wouldn’t we beat the billboard industry?” he asked.


Arreste Made in Ohio Murder Case
Breaking Legal News | 2007/06/25 10:28
A Canton woman was arrested Sunday on an obstruction of justice charge in the case of a nine-months pregnant woman whose body was found in a park, The FBI said.

Agents and Stark County sheriff's deputies arrested Myisha Ferrell, described as a former classmate of the man being held for arraignment on murder charges, after breaking down the door of her apartment and searching it Saturday night, FBI agent Scott Wilson said.

The sheriff's department refused to discuss anything about the arrest, saying any information made public would hurt their case. Ferrell was to be arraigned on Monday, Wilson said.

Summit County Medical Examiner Lisa Kohler on Sunday identified the body found in Cuyahoga Valley National Park Saturday as that of Davis, with the dead fetus still inside her womb.

Davis' boyfriend, a police officer, was arrested and was to be arraigned on murder charges Monday, authorities said. Investigators have refused to comment on the circumstances surrounding the discovery of Davis' body and the arrest of Bobby Cutts, Jr., of North Canton.

Stark County sheriff's deputies with a search warrant on Saturday night used a battering ram break down the door of the apartment of a high school classmate of Cutts. Justin Lindstrom, 27, an upstairs neighbor of Ferrell's, said the officers spent two hours searching before leaving with several brown paper bags filled with items and bottles of bleach from the basement.

Wilson would only say that Ferrell's arrest was connected to the Davis case. He would not describe what the deputies seized or say how she was involved.

Lindstrom said he had not seen the downstairs tenant on Saturday or Sunday and rarely spoke to the woman, except to ask her to turn her music down. He said he didn't notice anything out of the ordinary around the time Davis disappeared. Lindstrom said Ferrell lives with her 11-year-old daughter.

Lindstorm said the two of them never hit it off.

"She's not exactly your ideal neighbor. She and I haven't gotten along since day one," said Lindstrom, who moved into the building in January. He said she had parties every night.

"We're talking carloads at a time - four and five carloads -and until 3 or 4 in the morning," Lindstrom said.

Ferrell worked at a local Denny's restaurant until quitting her job on Friday, Lindstrom said. A manager at Denny's, who declined to give his name, confirmed that Ferrell had worked there but declined to comment further.


High court raises bar for investor lawsuits
Breaking Legal News | 2007/06/22 08:00

In a decision that corporate America and trial attorneys claimed as a victory, the U.S. Supreme Court made it harder yesterday to sue companies for securities fraud.
The justices ruled 8-to-1 that investors had to show a likelihood of wrongdoing in the early stages of a case before it could proceed to trial. The ruling is seen as likely to cause a reduction in the number of lawsuits filed and possibly an increase in the proportion of suits filed that are thrown out.

But the majority opinion written by Justice Ruth Bader Ginsburg stopped short of the tougher restrictions that many in corporate America had sought and left room for legitimate cases by aggrieved investors to proceed, experts said.

"This was something of a victory for investors in that Justice Ginsburg raised the bar but not that high," said Donald Langevoort, a Georgetown University securities law professor.

Typically, plaintiffs can build much of a case in a suit's evidence-discovery phase. But yesterday's ruling, by setting a higher standard for plaintiffs trying to defeat dismissal motions made by defendants, will make it harder to reach the discovery phase.

The decision was the second one this week by the court that was a defeat for shareholders and a victory for the defendant companies. The justices ruled Monday that securities underwriters on Wall Street are generally immune from civil antitrust lawsuits.

Yesterday's decision was hailed by business groups, particularly high-technology companies, which tend to have volatile stock prices and often face lawsuits when their shares unexpectedly tumble.

"Silicon Valley can breathe a sigh of relief," said Jim Hawley, general counsel of TechNet, an industry association that filed a brief with several other technology groups urging the court to set a high hurdle for shareholder lawsuits.

Several class action attorneys also expressed relief, however, saying the court did not endorse a tougher threshold that would have harmed their legal specialization.

The decision "may cut some of the lawsuits, but it won't make a dramatic difference," said Herbert Milstein, a partner at Cohen, Milstein, Hausfeld & Toll in Washington.

The case had been closely watched because it dealt with issues at the center of the debate over so-called frivolous lawsuits filed against companies on behalf of their shareholders.

Business groups claim that attorneys who represent shareholders launch unfounded lawsuits to pressure companies into paying out settlements. Firms say they indeed often feel compelled to settle to avoid the cost of litigation and the risk of eventually losing in court, even if the plaintiffs' case isn't that strong.

Investor advocates counter that fraud occurs more frequently than businesses suggest, as executives seek to maintain high stock prices and enrich themselves, as occurred in the Enron and WorldCom accounting scandals.

The ruling dealt with a lawsuit filed in 2002 against telecommunications equipment maker Tellabs Inc. by investors claiming that executives had publicly promoted the Naperville, Ill., company's outlook when they knew it was worsening.

The case's fate hinged on the legal interpretation of a law passed by Congress in 1995 to reduce securities lawsuits.

The law said plaintiffs must show a "strong inference" of corporate malfeasance for a case to proceed. But lower courts read that guideline in different ways, with some courts being far more hospitable to securities cases than others.

In the Tellabs case, the 7th U.S. Circuit Court of Appeals in Chicago let the suit stand, saying a "reasonable person" could infer that the company had committed fraud.

The high court had been widely expected to adopt a high threshold. The question was how high.



U.S. top court rules for Tellabs on fraud suit
Breaking Legal News | 2007/06/21 10:09

The U.S. Supreme Court on Thursday made it harder for investors to pursue securities fraud lawsuits, in a big victory for network equipment maker Tellabs Inc. At issue in the ruling is a class action lawsuit filed by Tellabs investors charging that the company and former Chief Executive Richard Notebaert misled investors in 2000 and 2001 in order to keep the company's stock inflated at a time when business was flagging.

A federal court in Illinois had dismissed the lawsuit, concluding the allegations were too vague and did not raise a "strong inference" that the company intended to deceive shareholders.

The "strong inference" requirement was laid out in a law adopted by Congress in 1995 designed to discourage frivolous securities fraud suits by making it easier for companies to get them thrown out of court.

The Tellabs lawsuit was subsequently reinstated by a U.S. appeals court. The Supreme Court, by an 8-1 vote, ruled the appeals court was wrong, with the majority opinion written by Justice Ruth Bader Ginsburg.

She said that to qualify as strong, an inference must be more than merely plausible or reasonable. It must be cogent and at least as compelling as any opposing inference of nonfraudulent intent, Justice Ginsburg said.

Tellabs had argued that under the 1995 reform law, federal courts must consider any facts that suggest any possible "innocent" motives, and that courts have to dismiss securities fraud cases that don't raise a "strong inference" of intentional wrongdoing.

Tellabs was supported by the U.S. Securities and Exchange Commission and the Justice Department.

Lawyers for the investor plaintiffs had argued that their lawsuit laid out enough specific facts to show that Tellabs knew its best-selling product, a piece of networking equipment known as a cross-connect system, was in decline, but misled investors anyway.

Justice John Paul Stevens dissented, saying he thought it clear that the plaintiffs established probable cause to believe that Mr. Notebaert acted with the required intent.



Ohio State's Lighty Pleads guilty to Assault
Breaking Legal News | 2007/06/20 11:20

Ohio State basketball player David Lighty pleaded guilty to a misdemeanor assault charge and was fined $250 in a case involving a jogger who was shot with a BB gun last year.

Two of Lighty’s former teammates at Villa Angela-St. Joseph High School in Cleveland also entered pleas in Cuyahoga County Common Pleas on Tuesday.

Jimmy McLeod and Darryl Rushton each were fined $100 after pleading guilty to disorderly conduct, a minor misdemeanor.

James Nugent, 55, was not seriously hurt last June when he was hit in the back by at least one plastic BB while jogging on the VASJ track. In Cleveland, BB and pellet guns are considered firearms and it is illegal to have them in public places.

Nugent said Tuesday that he had forgiven the 19-year-old defendants and thought the sentences handed down by Judge Kenneth Callahan were fair.

After he was sentenced, Lighty shook Nugent’s hand. Lighty told the judge he wanted to apologize “to Mr. Nugent, to my family, my community and my school.”

Lighty, a 6-foot-5 guard-forward, started seven games last season as the Buckeyes set a school record for victories with a 35-4 record. He was at his best as a defensive specialist who hit some big shots during Ohio State’s run to the national championship game, where the Buckeyes lost to defending champion Florida.



Court sides with Wall Street banks
Breaking Legal News | 2007/06/18 07:17
The Supreme Court on Monday dealt a setback to investors suing over their losses in the crash of technology stocks seven years ago. In a 7-1 decision, the court sided with Wall Street banks that allegedly conspired to drive up prices on 900 newly issued stocks. The justices reversed a federal appeals court decision that would have enabled investors to pursue their case for anticompetitive practices.

The case deals with alleged industry misconduct during the dot-com bubble of the late 1990s.

The outcome of the antitrust case was vital to Wall Street because damages in antitrust cases are tripled, in contrast to penalties under the securities laws.

The question was whether conduct that is the focus of extensive federal regulation under securities laws is immune from liability under federal antitrust laws.

An antitrust action raises "a substantial risk of injury to the securities market," Justice Stephen Breyer wrote. He said there is "a serious conflict" between applying antitrust law to the case and proper enforcement of the securities law.

In dissent, Justice Clarence Thomas said the securities laws contain language that preserves the right to bring the kind of lawsuit investors filed against the Wall Street investment banks.

In 2005, the 2nd U.S. Circuit Court of Appeals said the conduct alleged in the case is a means of "dangerous manipulation" and that there is no indication Congress contemplated repealing the antitrust laws to protect it.

Investors allege that the investment banks, including Credit Suisse Securities (USA) LLC, agreed to impose illegal tie-ins, or "laddering" arrangements. Favored customers were able to obtain highly sought-after new stock issues in exchange for promises to make subsequent purchases at escalating prices. The investment banks allegedly conspired to levy additional charges for the stock.

As a result of the conspiracy, the investors say, the average price increase on the first day of trading was more than 70 percent in 1999-2000, 8 1/2 times the level from 1981 to 1996.

Private class-action lawsuits, say plaintiffs' attorneys, provide a significant supplement to the limited resources available to the Justice Department to enforce the antitrust laws.

Lawyers for Wall Street investment banks say it is a highly technical matter where the line is drawn between legal and illegal activity in the sale of newly issued stock. It must be left to highly trained securities regulators to decide, rather than to courtroom juries in antitrust lawsuits brought by investors, the industry says.

The Supreme Court concluded that "antitrust courts are likely to make unusually serious mistakes" that hurt defendants. As a result, investment banks must avoid "a wide range of joint conduct that the securities law permits or encourages."

In other action, the court also added one case to its calendar for next term. It will consider whether an investor in a large 401k retirement plan can sue to recover losses to his individual account that are the fault of the plan's manager.

Other Wall Street institutions in the case before the Supreme Court were Bear, Stearns & Co. Inc.; Citigroup Global Markets Inc.; Comerica Inc.; Deutsche Bank Securities Inc.; Fidelity Distributors Corp.; Fidelity Brokerage Services LLC; Fidelity Investments Institutional Services Co. Inc.; Goldman, Sachs & Co.; The Goldman Sachs Group Inc.; Janus Capital Management LLC; Lehman Brothers Inc.; Merrill Lynch, Pierce, Fenner & Smith Inc.; Morgan Stanley & Co. Inc.; Robertson Stephens Inc.; Van Wagoner Capital Management Inc.; and Van Wagoner Funds Inc.



Former ESL political boss pleads guilty in asbestos case
Breaking Legal News | 2007/06/18 02:23

A former Democratic political boss in East St. Louis is facing at least 15 more months in federal prison on environmental infractions -- on top of the 21 months he's already serving in a vote-fraud scheme.

Charles Powell Junior has pleaded guilty in US District Court in East St. Louis to a conspiracy charge and a charge of failing to notify authorities before removing asbestos.

Powell admitted he had been hired to renovate the Spivey Building in East St. Louis and that he had hired another man.

According to court documents, both men knew the building contained asbestos but improperly removed and disposed of asbestos-covered pipes and other asbestos-containing material in 2002. Powell once headed East St. Louis' Democratic Party.



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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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