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Bush urged Congress to pass the Nondiscrimination Act
Breaking Legal News | 2007/01/18 04:57

President Bush Wednesday urged Congress to pass the Genetic Information Nondiscrimination Act of 2007, promoting genetic testing for disease by making genetic discrimination illegal. In a speech at the National Institutes of Health, Bush said "If a person is willing to share his or her genetic information, it is important that that information not be exploited in improper ways - and Congress can pass good legislation to prevent that from happening. In other words, we want medical research to go forward without an individual fearing of personal discrimination."

Genetic nondiscrimination legislation was passed unanimously by the Senate in 2003 but failed in the House of Representatives. Representative Louise Slaughter (D-NY) reintroduced the latest bill this week. If passed, it will establish "a national and uniform basic standard is necessary to fully protect the public from discrimination and allay their concerns about the potential for discrimination, thereby allowing individuals to take advantage of genetic testing , technologies, research, and new therapies."



N.J. appeals court reinstates Vioxx lawsuit
Breaking Legal News | 2007/01/17 16:34

A New Jersey appeals court has revived a lawsuit that sought to force drugmaker Merck & Co. Inc. to fund a medical monitoring program for patients who took the painkiller Vioxx. The state appellate court ruled on Tuesday that N.J. Superior Court Judge Carol Higbee's decision to dismiss the lawsuit was premature and failed to give the plaintiffs the opportunity to prove legally accepted claims.
 
The appeals court said in a 26-page opinion that it was not expressing an opinion on the ultimate viability of the lawsuit. Plaintiffs in the case sought a court-administered medical screening program, funded by Merck (Charts), that would provide medical and diagnostic tests for each member of the class to detect potential heart problems arising from exposure to Vioxx.

"There is no medical science supporting the plaintiffs' position that they need to be monitored for cardiovascular conditions two years after Vioxx was voluntarily taken off the market," Merck attorney Ted Mayer said in an e-mailed statement.



Top Manhattan law firm in gay lawsuit
Breaking Legal News | 2007/01/17 13:37

One of New York's most prestigious law firms is being sued for discrimination on the grounds of sexual orientation by one of their own lawyers.

28-year-old associate Aaron B Charney says in his suit that senior colleagues subjected him to "lewd and illegal conduct," The New York Times reports.

Sullivan & Cromwell, founded in 1879, is one of America's best known - and profitable - law firms.

It is particularly reknowned for its work on mergers and acquisitions, and it is this department that is the focus of the lawsuit.

While secretarial and other staff have sued law firms in the past for harassment, as an associate lawyer in his fourth year at the firm, Mr Charney is an unusual claimant.

The legal action could have a negative impact on his future career.

"The day I derailed my career was the day I complained about the discrimination," he told the Times.

He added that he will be representing himself in court as no other lawyer is willing to take on Sullivan & Cromwell.

Mr Charney wants a jury trial and is asking for undisclosed damages.

He alleges that he was the victim of discrimination and retaliation.

A senior colleague accused him of having a sexual relationship with a fellow employee and demanded he be fired. Mr Charney denies the relationship was sexual.

His boss also alluded to the alleged relationship, telling Mr Charney to put an end to it. He also alleges he was subject to sexually suggestive behaviour by partners.

The chairman of Sullivan & Maxwell released an email statement to The New York Times denying the accusations.



Supreme Court hears arguments in insurance
Breaking Legal News | 2007/01/16 21:02
The US Supreme Court heard oral arguments Tuesday in the consolidated cases of Safeco Insurance v. Burr and GEICO General Insurance v. Edo, 06-00084 and 06-00100, cases in which plaintiffs claim the insurance companies GEICO and Safeco  breached the dictates of the Fair Credit Reporting Act when they failed to notify customers that poor credit reports were the reason they had been denied favorable rate coverage. The case is on appeal from the US Ninth Circuit Court of Appeals which held in January 2006 that the requisite state of mind the plaintiffs must prove to establish a violation of the act is reckless disregard, while defendants urged the standard of knowledge would be more appropriate. Justice Samuel Alito indicated at argument that he did not favor the notification requirements urged by plaintiffs.


Jury selection begins in Libby CIA leak trial
Breaking Legal News | 2007/01/16 02:00
Jury selection begins Tuesday in the CIA leak trial of former vice presidential aide I. Lewis "Scooter" Libby and attorneys for both sides plan to ask potential jurors questions about their political affiliations. US District Judge Reggie Walton approved a final list of questions proposed by attorneys that will be asked of the group of 60 potential jurors over the next few days. Special Prosecutor Patrick Fitzgerald also hopes to ask jurors what news sources they read, while defense attorneys plan to ask how the jurors feel about the war in Iraq and whether they believe the Bush administration lied to the American public about the reasons for going to war.


IRS opens E-file for 2007 Tax Season
Breaking Legal News | 2007/01/15 10:56



WASHINGTON — Taxpayers may file their 2006 tax returns electronically beginning today as the Internal Revenue Service opens the e-file program following a record-setting year.

“E-file is fastest, safest and most accurate way to file a tax return,” said IRS Commissioner Mark W. Everson. “People will get their refunds faster through e-file. E-file greatly reduces the chances for making an error compared to filing a paper 1040.”

Taxpayers who use IRS e-file and who choose direct deposit can receive their refund in half the time. Also, tax return information is protected through encryption, and an e-filed tax return is far more accurate than a paper return. Taxpayers receive an acknowledgement within 48 hours that the IRS accepted the return.

IRS e-file surpassed a record in 2006 when more than 73 million tax returns, almost 54 percent of all returns, were filed electronically.

IRS e-file allows taxpayers to file their return and pay later should they owe taxes, and it allows taxpayers to file both the federal and most state returns at the same time. The IRS began the e-file program in 1986 as a pilot project in three cities: Cincinnati, Phoenix and Raleigh-Durham, N.C. That year, there were 25,000 tax returns filed electronically. The e-file program expanded nationwide in 1990 and 4.2 million tax returns were filed. IRS e-file has undergone tremendous growth each year.

Taxpayers may use IRS e-file through their tax preparer, over-the-counter software or Internet programs. The IRS does not charge for e-file, but some tax preparers and software manufactures may charge a fee.

IRS Free File, a partnership between the IRS and some software manufacturers, will offer free tax preparation and e-filing for taxpayers with an Adjusted Gross Income of $52,000 or less. This AGI accounts for 70 percent of all taxpayers or 95 million taxpayers. This year the program features an agreement by private sector partners to remove Refund Anticipation Loans (RALs) as well as other ancillary offerings from the program. Free File will be available later this month.

Feb. 3 Start Date for Extenders Provisions

The IRS plans a Feb. 3 start date for processing tax returns that claim key tax provisions enacted in December. Both paper and electronic returns will not be processed if submitted before Feb. 3. Tax returns filed on paper will be accepted but will not be processed until after IRS processing systems are updated on Feb. 3.

The IRS also noted that it will begin processing both e-file and paper tax returns that include claims for key “extender” provisions, including deductions for state and local sales taxes, higher education tuition and fees, and educator expenses on Feb. 3. Any other tax returns for individuals that do not claim an extender provision can be filed as normal this month.

Tax returns filed on paper with these extender provisions will be accepted but will not be processed until after IRS processing systems are updated on Feb. 3.

The IRS emphasized that using IRS e-file is the most accurate to file any return and the quickest way for taxpayers to receive their refunds. Tax software will be updated so taxpayers can easily claim the extender provisions.



U.S. military deaths in Iraq hit 3,019
Breaking Legal News | 2007/01/14 00:53

As of Saturday, Jan. 13, 2007, at least 3,019 members of the U.S. military have died since the beginning of the Iraq war in March 2003, according to an Associated Press count. The figure includes seven military civilians. At least 2,427 died as a result of hostile action, according to the military's numbers.

The AP count is seven higher than the Defense Department's tally, last updated Friday at 10 a.m. EST.

The British military has reported 128 deaths; Italy, 33; Ukraine, 18; Poland, 18; Bulgaria, 13; Spain, 11; Denmark, six; El Salvador, five; Slovakia, four; Latvia, three; Estonia, Netherlands, Thailand, two each; and Australia, Hungary, Kazakhstan, Romania, one death each.



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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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