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Court Order Sought in E-Mail Controversy
Court Watch | 2008/03/07 08:31
A private group told a federal court that the Bush administration made apparently false and misleading statements in court about the White House e-mail controversy.

The group asked the judge on Thursday to demand an explanation regarding alleged inconsistencies between testimony at a congressional hearing last week and what the White House told a federal court in January.

"This evidence demonstrates defendants' blatant disregard for the truth and the processes of this court," Citizens for Responsibility and Ethics in Washington told U.S. District Judge Henry Kennedy in court papers.

CREW wants the judge to compel the Executive Office of the President to explain why it should not be held in contempt of court.

In a sworn declaration, White House official Theresa Payton told the court on Jan. 16 that "substantially all" e-mails from 2003 to 2005 should be contained on back-up computer tapes.

However, at a hearing of the House Oversight and Government Reform Committee on Feb. 26, the panel's Democrats released a White House document that called that claim into question.

E-mail was missing from a White House archive for the period of Sept. 30-Oct. 6, 2003 from the office of Vice President Dick Cheney, the White House document states. The backup tape covering that seven-day period was not created until Oct. 21, 2003, raising the possibility that e-mail was missing from the earlier period. That time span was in the earliest days of the Justice Department's probe into whether anyone at the White House leaked the CIA identity of Valerie Plame. Cheney's chief of staff, I. Lewis "Scooter" Libby, was eventually convicted by a jury of four felonies in the leak probe.

The congressional panel also released written statements by a former White House technical supervisor saying that a 15-person team conducted an extensive multi-phase assessment that resulted in a final 250-page analysis on the problem of missing White House e-mail.

In her sworn declaration to the federal court in January, the White House official said she was aware of a chart created by a former employee regarding missing e-mails, but said nothing about the 250-page analysis.



Man Pleads Guilty in Missing Girl Case
Court Watch | 2008/03/06 04:36
A man has pleaded guilty to charges of kidnapping and sexually assaulting a Connecticut girl found at his home after a yearlong disappearance.

Prosecutors are recommending a 30-year prison sentence for 42-year-old Adam Gault of West Hartford.

Judge David Gold indicated Wednesday that he will order at least 20 years in prison.

Gault pleaded guilty to eight charges, including second-degree sexual assault and kidnapping.

Authorities say the girl was 14 when she ran away from home to live with Gault in 2006. Police, who feared she was dead, found her hiding in a small storage area during a search of Gault's home last June. Gault's wife and another woman living with him were also arrested.



'Elvis' Shows Up at Kentucky Court Drunk
Court Watch | 2008/03/06 03:35
One central Kentucky Elvis Presley impersonator may be singing "Jailhouse Rock" after showing up for court drunk and dressed like Presley.

A Jessamine County District Court judge says 64-year-old David Blaisdell of Lexington must spend three days in jail for contempt of court. Blaisdell was wearing sunglasses and dressed in a rhinestone-studded shirt with a scarf draped around his neck when he was sentenced.

County Attorney Brian Goettl said Blaisdell was in court for a pretrial conference on misdemeanor charges of stalking and violating a protective order. Goettl says the judge had Blaisdell tested for intoxication. The result was nearly twice the .08 level at which a person is considered legally drunk in Kentucky.

Goettl says Blaisdell told the judge he had had a few drinks the night before his court appearance Tuesday.



Man Who Punched His Lawyer Sent to Jail
Court Watch | 2008/03/05 05:44
A man who punched his lawyer in a Kentucky courtroom last month has been sentenced to six months in jail.

Peter Hafer also has a new lawyer. Mark Bubenzer said his client is sorry and didn't mean to disrespect the court.

But Scott County Circuit Judge Rob Johnson reprimanded Hafer as he sentenced him for contempt of court Monday. The judge said courts would be in chaos if every defendant behaved that way.

Attorney Doug Crickmer got two black eyes when Hafer hit him Feb. 4. Crickmer said he thought his client was just frustrated about being in jail.

The 30-year-old Hafer was initially in court for a burglary charge. That case is still pending.



Guilty Plea in NYC in Quran Desecration
Court Watch | 2008/03/04 10:35
A man who threw copies of the Quran into a toilet after disputes with Muslims at the college he once attended pleaded guilty Monday to disorderly conduct. A Quran recovered at Pace University in 2006 "was covered in feces," according to a criminal complaint. Muslims view desecration of their holy book as an offense against God.

Stanislav Shmulevich, 24, pleaded guilty as part of a deal in which he must complete 300 hours of community service. The business student was initially charged with two counts of criminal mischief as a hate crime, a felony punishable by up to four years in prison.

"There was no hate crime here," said defense lawyer Glenn Morak. "He accepts responsibility, and he is repentant."

Detective Faisal Khan said Shmulevich told him "he committed the acts out of anger toward a group of Muslim students with whom he had a recent disagreement."

Shmulevich, the lawyer said, is no longer at Pace, which has about 14,000 students in New York City and suburban Westchester County.



Judge Delays Decision on Enron Funds
Court Watch | 2008/03/01 09:46
Enron Corp. shareholders and investors hoping to get their cut of more than $7.2 billion recovered as part of a lawsuit they filed in connection with the company's collapse are going to have to wait a little longer.

A federal judge on Friday delayed a decision on whether to approve a plan to distribute the money, part of a $40 billion lawsuit alleging that financial institutions that worked with Enron participated in the accounting fraud that led to the company's downfall.

U.S. District Judge Melinda Harmon also held off on whether to approve $688 million in attorneys' fees being requested by San Diego-based Coughlin Stoia Geller Rudman & Robbins LLP, the law firm for the lead plaintiffs in the case. If approved, the attorneys' fees would be the largest in a securities fraud case.

After a 4 1/2 hour hearing during which attorneys, Enron investors and former Enron employees argued both for and against the distribution plan and the attorney fees, Harmon said she would make decisions on both issues as soon as possible.

Patrick Coughlin, attorney for the regents of the University of California, who are the lead plantiffs, called the plan to distribute the $7.2 billion "fair and reasonable."

"The plan is doing whatever it can to help employees get whatever they can," he said.

In general, the plan is calculating shares of the settlement fund using a formula that factors in such things as when a security was bought or sold, the purchase price paid and the type of stock that was bought.

Enron stock sold for as much as $90 per share before plummeting to as low as $1 right before the company declared bankruptcy. But under the plan, shareholders and investors are set to get only a fraction of what they lost after the once mighty energy giant spiraled into bankruptcy.

To be eligible for the settlement, investors and shareholders needed to have bought Enron or Enron-related securities between Sept. 9, 1997, and Dec. 2, 2001.

About 1.5 million individuals are eligible to receive money from the settlement fund.

Coughlin also asked Harmon to approve the $688 million in attorneys' fees, saying the amount is part of an agreement his law firm signed with the regents when it first took the case six years ago to be given 9.5 percent of any settlement.

In justifying the fees, he cited several reasons, including that the 9.5 percent was far lower than the standard 33 percent most lawyers get in similar cases; the complexity of the lawsuit; and the risk involved in taking on a case that offered no guarantee of any settlements.

"This is the largest class (action) settlement ever. There is no case comparable to this result," he said.

But attorneys for several investors objected to the distribution plan and the attorneys' fees.

Avi Garbow, an attorney for former Enron workers who lost money through the company's savings plan and employee stock ownership plan, said the distribution plan was unfair because it doesn't treat all investors and shareholders equally and some will be compensated more than they should be at the expense of others.

Lawrence Schonbrun, who represents another investor, called the attorney fees being requested exorbitant and "an affront to every working person in this country."

The $7.2 billion comes mostly from settlements made with such financial institutions as Bank of America, JPMorgan Chase & Co. and Citigroup.

There are still several financial institutions that remain as defendants in the Enron case, including Merrill Lynch & Co., Credit Suisse First Boston and Barclays Bank PLC. Several former Enron officers also remain, including former chief executive Jeffrey Skilling.

But the lawsuit has been on hold since an appeals court last year ruled shareholders and investors could not sue as a class, which would have allowed them to pool their resources to sue as a group and have more leverage to settle the case out of court.

The U.S. Supreme Court in January refused to hear arguments in the lawsuit. The high court in a similar case gave a measure of protection from securities lawsuits to suppliers, banks, accountants and law firms that do business with corporations engaging in securities fraud.

Attorneys for Merrill Lynch & Co., Credit Suisse First Boston and Barclays Bank PLC have said they will again ask Harmon to drop their clients from the lawsuit in light of the Supreme Court's ruling in the similar case.

Enron, once the nation's seventh-largest company, entered bankruptcy proceedings in December 2001 after years of accounting tricks could no longer hide billions in debt or make failing ventures appear profitable. The collapse wiped out thousands of jobs, more than $60 billion in market value and more than $2 billion in pension plans.

Enron founder Kenneth Lay and Skilling were convicted in 2006 for their roles in the company's collapse. Skilling is serving a sentence of more than 24 years. Lay's convictions for conspiracy, fraud and other charges were wiped out after he died of heart disease in 2006.



King Yaklin Wins $1M in Fee's, Georgia's Record
Court Watch | 2008/02/29 06:57
A Superior Court judge has ordered a couple and their attorney suing Bishop Earl Paulk to pay more than $1 million in legal fees and court costs from a dismissed case.

Mona and Bobby Brewer sued Paulk and his church, then known as Chapel Hill Harvester Church in Decatur, asserting sexual misconduct. Mona Brewer claimed in the suit she had a 14-year coercive affair with Paulk.

The Brewers dropped their years-old suit last July, but each filed a separate suit in state court later in the year.

The judge entered the order last Friday for costs incurred by three different legal firms who defended Paulk in the Superior Court case.

Matthew Wilkins of King & Yaklin, one of Paulk's firms, said they are still reviewing the order and had no comment.

Louis Levenson of Levenson & Associates, the Brewer's attorney, said he has not seen the order. Levenson and the Brewers were ordered to pay the fees.

Paulk was one of Atlanta's preeminent preachers in the 1980s and 1990s. He had a church of 10,000 and an international ministry and TV program. A series of allegations of sexual misconduct plagued his work, and Paul lost influence and his ministry.

He still goes to the church, now called the Cathedral at Chapel Hill, but has dropped from public sight. Attendance on the mammoth campus has dropped dramatically.

www.kingyaklin.com


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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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