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Federal appeals court reinstates Padilla conspiracy charge
Breaking Legal News |
2007/01/30 20:45
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The US Court of Appeals for the Eleventh Circuit reinstated a conspiracy charge against alleged terrorist Jose Padilla Tuesday, reversing a lower court decision that the charge duplicated the other two counts against Padilla and his two co-defendants. The reinstated charge, conspiracy to "murder, kidnap and maim persons in a foreign country," carries a maximum sentence of life in prison, unlike the other two charges. The court rejected the argument that the charges were multiplicitous and in violation of the US Constitution's double jeopardy clause, holding that different proof was required to establish each count. Judge Gerald Bard Tjoflat said in his opinion: "While these three charges are interrelated, they are not interdependent," as Padilla could theoretically be found to have violated the statutes of one count without having violated statutes of the others. |
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Couple facing trial ordered evicted in Oshkosh
Breaking Legal News |
2007/01/30 20:41
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An Oshkosh couple must move from the home where they allegedly made a 13-year-old daughter stay confined to a bedroom up to 22 hours a day. Clint and Lynn Engstrom were evicted by a Winnebago County court official Wednesday, a day after he ordered that they each should stand trial on a charge of mental abuse of a child. Court Commissioner Daniel Bissett ruled in favor of their landlord who said they were not paying rent or utilities and owe more than $4,700. The Engstroms, jailed in lieu of $25,000 bail each, face an eviction deadline of Monday to move out of the house. Bissett told them the deadline could not be extended. The girl testified Wednesday that her father and stepmother ordered her to stay in her sparsely furnished upstairs bedroom for months, as punishment for her bad behavior that included hitting, kicking, lying and making "mean comments." Defense lawyers said the Engstroms will plead not guilty at a hearing in Circuit Court Monday. |
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Gordon Law Group
Breaking Legal News |
2007/01/30 09:24
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BOSTON--The Gordon Law Group, a leading Massachusetts employment law firm which specializes in representing employees in wage, termination and compensation litigation, announces that managing partner, Philip Gordon, has been named to the Boston Business Journal’s prestigious “40 Under 40” list. In its ninth year, the Journal’s program recognizes emerging business leaders in Greater Boston that help drive the regional economy.
Gordon’s practice focuses on the employee, with particular attention to those matters related to overtime, minimum wage, commission, wrongful termination, employee misclassification, severance agreements, non-compete agreements, wrongful deductions, record keeping and equity compensation. He was nominated to the 40 under 40 list by Gordon Law Group, LLP clients and community leaders, who described him as a “strategic, big-picture thinker.” “Philip designs effective strategies to make use of the law and achieve extraordinary results,” they continued. “He’s also proactive and trustworthy. Not one to languish on an idea, Philip stays on top of our issues, sometimes even pushing us.” His work has been noted also within the legal community, including coverage in Boston Magazine, where he was named one of Massachusetts’ Top 100 Lawyers in the 2005 list of “Massachusetts Super Lawyers.” He is also extensively involved in pro bono work, supporting education and medicine. He is one of the Senior Partners for Justice of the Wage and Hour Project of the Volunteer Lawyers Project, and he serves as Vice Chairman of the Public Policy Committee of the Jewish Community Relations Council, a member of the Board of Directors of the Massachusetts Immigrant and Refugee Advocacy Coalition, and a member of the Board of Governors of the Combined Jewish Philanthropies. The Gordon Law Group, LLP is considered among a select set of boutique law firms focused on employees. The firm’s attorneys offer a level of sophistication and excellence unusual in a firm of its size, and concentrate on claims for regular wages, overtime pay, minimum wages, commissions, health insurance contributions, vacation benefits, bonuses and severance payments, as well as stock options and other forms of equity. The firm also has expertise with respect to misclassification of employees as independent contractors, treatment of non-exempt employees as exempt and enforcement of executive liability. Long known as a leader in the Boston community, the Gordon Law Group is proud of his service. |
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Guantanamo military trials face further delays
Breaking Legal News |
2007/01/30 08:48
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Fewer Guantanamo Bay prisoners will be charged with war crimes this week than originally expected, chief prosecutor USAF Col. Moe Davis told Reuters Monday. Revised charges were expected to be filed against up to 20 suspected members of al Qaeda and the Taliban by February, but new procedural rules implemented earlier this month will delay the trials for at least half of those detainees. Under the new rules, hearings must take place before a tribunal judge within 30 days of the filing of charges; the trial must commence within 120 days of the charging. Davis also pointed to Guantanamo's limited facilities as partially responsible for the delay, as only one courtroom is available. Davis said that he was very likely to recommend the death penalty for some of the 14 high-value detainees moved to the camp from CIA secret prisons in September. First evidence is expected to be presented by this summer. Davis also said Monday that Australian detainee David Hicks will likely be among those charged this week. |
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Pacific Legal Foundation hires Grizzard for 2007
Breaking Legal News |
2007/01/29 12:05
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ATLANTA--The Grizzard Signature Group today announced it has been selected to manage fundraising direct-response initiatives for the Pacific Legal Foundation. The award extends the direct marketing agency’s relationship with the Pacific Legal Foundation through the 2007 calendar year. Founded in 1973, Pacific Legal Foundation is America’s oldest and largest public interest legal organization dedicated to limited government and individual liberty. Pacific Legal Foundation is particularly renowned for its expertise in the area of private property rights, its opposition to racial discrimination by government, and its litigation against oppressive regulations and in support of a balanced approach to environmental protection. “We are working with Grizzard in order to advance our fight for freedom,” said Rob Rivett, President of Pacific Legal Foundation. “Year in and year out, we win victories in court for property rights and other constitutional liberties, but our ultimate success also requires raising our profile and letting many more people, throughout the country, learn about our important work and the vital principles that inspire what we do. Our relationship with Grizzard will help us achieve that crucial goal.” The contract with Pacific Legal Foundation underscores Grizzard's entrepreneurial roots and aligns with the company's core philosophical values. Pacific Legal Foundation fights in court for the little guy against the virtually bottomless resources of "big government" agencies. The foundation aims to “rescue liberty” from the grasp of government, and is a voice for all Americans. Similarly, Grizzard's fundraising efforts on behalf of its client base of non-profits seek to make the world a better place. "By adding Pacific Legal Foundation to our roster of cherished clients, we extend our hope for a better, freer, more just society," said Barbara Johnson, Vice President of Grizzard Signature Group. About Pacific Legal Foundation Pacific Legal Foundation (www.pacificlegal.org) is the oldest and largest public interest legal organization dedicated to property rights, limited government, and a balanced approach to environmental protection. About the Grizzard Signature Group, the Grizzard Agency The Grizzard Signature Group is a distinctive direct-response strategic consultancy that formulates an analytics-based, donor-focused plan that reflects a nonprofit organization’s unique needs and goals. Signature Group principals draw on the talents and resources of its parent company, the 87-year-old Grizzard Communications Group, which has been led by four generations of the Grizzard family. Through offices in Atlanta and Los Angeles, the Grizzard Communications Group serves nonprofits across America. Clients include: The Salvation Army, American Red Cross, Rescue Missions, Food Banks, Sidney Kimmel Comprehensive Cancer Center at Johns Hopkins, state Sheriffs’ Associations, Habitat for Humanity affiliates, Lutheran Hour Ministries, Prostate Cancer Foundation, National Urban League, and various Animal Welfare and Humane Societies. More information can be found at www.grizzard.com. The Grizzard Communications Group is part of Omnicom Group, Inc. (NYSE: OMC) (www.omnicomgroup.com). Omnicom is a leading global advertising, marketing and corporate communications company. Omnicom’s branded networks and numerous specialty firms provide advertising, strategic media planning and buying, direct and promotional marketing, public relations and other specialty communications services to over 5,000 clients in more than 100 countries. |
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Man Sentenced to 30 Years for Running Slave Camp
Breaking Legal News |
2007/01/29 11:44
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JACKSONVILLE, Fla.- Ronald Evans Sr., 60, was convicted in August on 57 charges of engaging in a criminal enterprise, distributing crack cocaine, dealing in contraband, spoiling the environment, violating federal farmworker statutes and more than four dozen counts of improper financial transactions.
Ronald, the owner of two migrant labor camps in Florida and North Carolina has been sentenced to 30 years in prison for hiring these drug addicts and homeless people at minimum wages then selling them crack cocaine and beer at inflated prices.
Mr. Evans' attorney, William Kent, said his client planned to appeal the judgment and the sentencing on Friday.
Mr. Evans' two labor camps in East Palatka, Fla., and Newton Grove, have been forfeited to the government, and he and his wife, Jequita, a co-defendant, must also hand over $1.1 million, The Miami Herald reported.
She was found guilty of the 49 of the 51 charges against her and will be sentenced next month.
The couple recruited men from homeless shelters, charged them $50 a week for room and board and put them to work in potato and cabbage fields for minimum wages. At the end of the work day, workers were allowed to purchase crack cocaine, cigarettes and beer at inflated prices on credit, authorities said.
When they were paid on Saturday, workers often found they owed money to Mr. Evans and his wife.
"Everyone realized this was an abhorrent act," U.S. Attorney Paul I. Perez said. |
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Dutch Citizen Arraigned on Terrorism Charges
Breaking Legal News |
2007/01/29 10:56
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WASHINGTON—An Iraqi-born Dutch citizen who was extradited from the Netherlands on Saturday made his initial appearance today in federal court in Washington, D.C., to face charges for allegedly participating in a conspiracy to attack Americans based in Iraq, announced Kenneth L. Wainstein, Assistant Attorney General for the National Security Division, Jeffrey A. Taylor, U.S. Attorney for the District of Columbia, and Joseph Persichini Jr., Assistant Director in Charge of the Federal Bureau of Investigation (FBI) Washington Field Office. This case represents the first U.S. criminal prosecution arising from terrorist activities taking place in Iraq. Wesam Al Delaema, a/k/a Wesam Khalaf Chayed Delaeme, was indicted by a grand jury in the District of Columbia in September 2005 and charged with six counts: conspiracy to kill U.S. citizens abroad; conspiracy to use a weapon of mass destruction (explosives); conspiracy to maliciously damage or destroy U.S. government property by means of an explosive; possession of a destructive device (explosives) during a crime of violence; conspiracy to possess a destructive device (explosives) during a crime of violence; and teaching or demonstrating the making or use of an explosive with the intent to further a crime of violence. The indictment alleges that Delaema traveled from the Netherlands to Iraq in October 2003 and, together with a group of co-conspirators calling themselves the “Mujahideen from Fallujah,” declared his intentions to kill Americans in Iraq using explosives. The indictment further alleges that Delaema and his co-conspirators hid explosives in a road in the area of Fallujah, Iraq. Delaema, 33, was born in Fallujah, Iraq. He was arrested by Dutch law enforcement authorities on May 2, 2005, and he initially faced similar charges in that country. Following his arrest, Dutch law enforcement and prosecution authorities worked cooperatively with the FBI in its investigation of Delaema’s alleged terrorist activities. In September 2005, the United States filed a formal request with the Netherlands seeking Delaema’s extradition. The extradition request was subsequently granted by a Dutch court and then by the Dutch Ministry of Justice. In December 2006, the extradition request was sustained on appeal in the Netherlands. This past weekend, Delaema was flown to the United States, arrested, and taken into custody by the FBI. Today in court, Delaema was arraigned and pleaded not guilty to the charges against him. “After a lengthy extradition process, this defendant will now face justice for his efforts in orchestrating and launching roadside bomb attacks against our men and women serving in Iraq. We in the ranks of federal prosecutors are honored to play a role in protecting our military colleagues against such deadly and cowardly attacks,” said Assistant Attorney General Kenneth L. Wainstein. “We will continue to be vigilant in our efforts to bring to justice anyone who plots terrorist attacks against our citizens at home or abroad. We look forward to working cooperatively with the Dutch authorities in prosecuting this defendant under our criminal laws,” said U.S. Attorney Jeffrey A. Taylor. “Today’s announcement of the extradition of Wesam Khalaf Chayed Delaeme to the United States sends a clear message of the FBI’s unwavering dedication to our mission to detect, deter, and bring to justice any individual who conspires to commit terrorist acts against any U.S. citizen either in this country or on foreign soil. Together with the invaluable assistance of the Dutch National Police Agency and the Dutch Government, we were able to accomplish that mission,” said FBI Assistant Director in Charge Joseph Persichini Jr. The investigation into this matter was conducted by the FBI’s Washington Field Office, with assistance from the Dutch National Police Agency and the National Office of the Public Prosecutor in the Netherlands. The Office of International Affairs in the Criminal Division of the U.S. Department of Justice coordinated the extradition efforts on behalf of the United States. The prosecutors handling the case are Assistant U.S. Attorneys Gregg Maisel and Matthew Cohen of the U.S. Attorney’s Office for the District of Columbia, and Trial Attorneys Gregg Sofer, Jerome Teresinski, and Marla Tusk of the Counterterrorism Section of the National Security Division at the Department of Justice. If convicted of the charges in the criminal indictment, Delaema faces a maximum sentence of life in prison. An indictment is merely a formal charge that a defendant violated a criminal law. All defendants are presumed innocent unless and until proven guilty. |
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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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