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Plaintiffs in Dole case seek $1.6M judgment
Court Watch | 2009/08/07 10:30
Six Nicaraguans who say pesticide on a Dole banana farm made them sterile are trying to keep a $1.6 million judgment that's threatened because a judge ruled similar cases were phony.

The men hired a lawyer who filed court papers Thursday arguing the Los Angeles judge relied on a flawed process to reach her decision.

Their case is one of several that claimed a pesticide made workers at Dole Food Co. banana farms sterile.

The men's nearly $1.6 million award was called into question this year after Superior Court Judge Victoria Chaney dismissed two separate cases against Dole. Chaney ruled that lawyers concocted phony claims to wring billions of dollars from the company.

Because of that ruling, the six men must now prove their case wasn't fraudulent.



Pa. high court: Save records of judicial scandal
Court Watch | 2009/08/05 08:31
The state Supreme Court bowed to pressure and abandoned its plan to destroy the records of thousands of juveniles who appeared before a corrupt judge between 2003 and 2008.

In a letter made public Monday, the high court said it now supports the preservation of as many as 6,500 juvenile court records that contain evidence of the scandal in northeastern Pennsylvania.

The court's decision will make it easier for youths to pursue federal claims against former Luzerne County Judge Mark Ciavarella, who was charged earlier this year with taking millions of dollars in kickbacks to put juvenile offenders in privately owned detention centers.

The records' preservation will "ensure that the whole story of what we think is probably the largest judicial corruption scandal in the history of the country to be told and to be understood," said Marsha Levick, legal director of the Philadelphia-based Juvenile Law Center, which represents some of the youths.

The Supreme Court's reversal apparently puts an end to a dispute in which Levick and other attorneys had accused the justices of sabotaging plaintiffs' ability to recover damages from Ciavarella in federal court.

About 400 individuals ranging from their teens to their early 20s have sued Ciavarella, claiming he ran a kangaroo court in which he systemically denied them their constitutional rights, including the right to counsel and the right to intelligently enter a plea. Other defendants include former Luzerne County Judge Michael Conahan and Luzerne County taxpayers.



Lawyers emerge as the winner in Ford settlement
Court Watch | 2009/08/03 08:19
The lawyers were paid millions of dollars. Ford Motor Co. put behind it a costly lawsuit connected to the Explorer rollover scandal of the 1990s. And the judge closed out a complex case that clogged the Sacramento County Superior Court's overburdened calendar for more than seven years.

Everyone seemingly got some tangible benefit — except for nearly all of the 1 million consumers covered by the class action lawsuit filed in their name. None of the consumers got money, only discount coupons toward new Ford purchases. Few used them.

The practice of settling class action lawsuits by doling out discount coupons rather than cash has come under fire from tort reform activists and others who complain that such lawsuits mainly benefit the lawyers — and even the companies being sued — at the expense of their clients.

Sacramento County Superior Court Judge David De Alba authorized the settlement of a class action that lawyers argued could be worth as much as $500 million to people who owned Ford Explorers during the 1990s.

In exchange for dropping the lawsuit that alleged rollover problems unfairly diminished the resale value of Explorers, Ford customers could receive a $500 discount coupon toward the purchase of a new SUV or a $300 coupon to buy another Ford vehicle. Consumers had until April 29, 2008 to apply for the coupons.

De Alba awarded the lawyers $25 million in fees and expenses after presiding over a 50-day trial without a jury in 2007. The case settled before the judge reached a verdict.



Jobless NYC woman sues college for $70K in tuition
Court Watch | 2009/08/03 03:19
A New York City woman who says she can't find a job is suing the college where she earned a bachelor's degree.

Trina Thompson filed a lawsuit last week against Monroe College in Bronx Supreme Court. The 27-year-old is seeking the $70,000 she spent on tuition.

Thompson says she's been unable to find gainful employment since she received her information technology degree in April.

She says the Bronx school's Office of Career Advancement hasn't provided her with the leads and career advice it promises.

Monroe College spokesman Gary Axelbank says Thompson's lawsuit is completely without merit.

The college insists it helps its graduates find jobs.



Lawyer defends song swapper in Mass. download case
Court Watch | 2009/07/28 10:07
A lawyer for a Boston University graduate student accused of illegally distributing music online says his client was "a kid who did what kids do" when he swapped songs.

Attorneys in U.S. District Court in Boston gave opening statements Tuesday in the recording industry's lawsuit against 25-year-old Joel Tenenbaum of Providence, R.I.

Tenenbaum, represented by Harvard Law professor Charles Nesson, is accused of downloading and distributing thousands of songs, though the case focuses on 30.

Recording industry lawyer Tim Reynolds says song swappers such as Tenenbaum seriously damage music labels.

Tenenbaum is only the second music-downloading defendant to go to trial. Last month, a federal jury ruled a Minnesota woman must pay $1.92 million for copyright infringement.



Conn. home-invasion survivor faces court ordeal
Court Watch | 2009/07/27 03:57
At 52, Dr. William Petit faces years — perhaps decades — of emotionally draining court hearings before the two men charged with murdering his family in a 2007 home invasion may be convicted and executed.

He'll have to listen repeatedly to the horrific details of the crimes against his wife, who was strangled, and two daughters, who were tied to their beds. All three died of smoke inhalation from a fire police say the intruders set as they fled Petit's house after holding the family hostage for hours. Petit, a prominent physician who was beaten during the ordeal, will sit feet away from the defendants as they assert their rights and file appeal after appeal.

Attorneys for defendants Steven Hayes and Joshua Komisarjevsky said this week in court that their offer to plead guilty on exchange for life in prison could have ended it all. But defense attorneys said prosecutors refused because they want to win death sentences.



ACLU fights RI judge's ban on Facebook comments
Court Watch | 2009/07/23 02:14
A civil rights watchdog group wants a Rhode Island judge to reverse a gag order banning a woman from commenting on a child custody case on Facebook.

The American Civil Liberties Union said Wednesday it considers the restraining order against Barrington resident Michelle Langlois an infringement on her right to free speech.

ACLU executive director Steven Brown said a Kent County Family Court judge ordered Langlois in late June not to post comments about a child custody case involving her brother and his ex-wife, Tracey Martin. Langlois deleted her postings on the social networking site.

Martin's attorney, Jerome Sweeney, says the comments traumatized the couple's children and included intimate details about their parents' marriage.



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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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