|
|
|
Court Maintains Ruling Against Spears
Court Watch |
2008/01/15 03:02
|
Britney Spears went to a courthouse Monday but abruptly left amid a swarm of paparazzi without attending a hearing in her child-custody battle with her ex-husband, missing a chance to try to persuade a commissioner to restore her visitation rights to her two little boys. Instead, the Superior Court commissioner heard a day of closed-door testimony from Kevin Federline and witnesses to a bizarre situation this month in which police took the pop singer to a hospital after a standoff in her home when she refused to return the boys to Federline's bodyguard after a visit. Commissioner Scott Gordon then ruled that a Jan. 4 emergency order suspending her visitation rights and giving custody to Federline would remain in effect. He scheduled another hearing for Feb. 19. "The word victory is not something Mr. Federline or his counsel would ascribe to this. There is no joy. This is a grave situation for all," Federline's attorney, Mark Vincent Kaplan, said outside the courthouse. Although Federline thought the ruling was correct, Kaplan said, "his goal, his hope for the future is at some point he will be able to parent the children with the participation of their mother." Kaplan would not answer questions. Court spokesman Allan Parachini said those who testified were two Los Angeles police officers; Paula Strong, the court-appointed monitor who was present for the visit at Spears' home; Lisa Hacker, a parenting coach who has been working with Spears and Federline; and Lonnie Jones, the bodyguard. Parachini did not reveal what the witnesses said during their testimony. Gordon's order noted that during an officer's testimony there were two exhibits, one described as a photocopy of a police report and the other as a "photocopy of Application for 72-hour Detention for Evaluation and Treatment." All exhibits were ordered sealed. Neither Spears nor Federline were required to attend, but Federline arrived early, sporting a mohawk-style haircut and dressed in a suit. Spears didn't arrive until early afternoon. A sport-utility vehicle took her into a civic center garage, but only her attorneys got out before it left. It later stopped outside the courthouse, where Spears got out of a passenger seat and took over the driver's seat. It was not clear in the crush of photographers whether she or a companion was at the wheel when it left. Gordon scheduled Monday's hearing at the same time he issued a Jan. 4 order suspending Spears' monitored visits with sons Jayden James, 1, and Sean Preston, 2, and giving full legal and physical custody to Federline, who previously had temporary custody. Gordon issued that order the day after police were called to Spears' home when she refused to return the children to Federline after a monitored visit and officers had paramedics haul the pop star off to a hospital for undisclosed reasons. She was released after a day and a half at Cedars-Sinai Medical Center. Police officers monitoring the paparazzi outside the courthouse warned them to stay on the sidewalk, and several were issued citations for being in the street. Spears married Federline in 2004 and filed for divorce in 2006. Throughout 2007, her behavior was erratic — and highly public, as a train of photographers trailed her everywhere. A court ordered her to undergo random drug and alcohol testing, and to temporarily give the boys to Federline. Spears' attorneys asked the court this month to be relieved as her counsel because of a "breakdown" in communication. That motion is scheduled to be heard on Feb. 4. |
|
|
|
|
|
High court to hear TV judge's case
Court Watch |
2008/01/13 08:51
|
For 10 years, Judge Alex E. Ferrer decided criminal cases in the Florida courts. Now, as "Judge Alex," he arbitrates petty disputes on his syndicated television show -- and his decisions are final.
Sometimes, though, people who agree to arbitrate disputes do not like the result. Ferrer is one of them.
This morning, the Supreme Court will hear his claim that he should not have to abide by a contract he signed six years ago with a manager in Los Angeles, calling for a 12% commission on any work the manager got him and requiring arbitration if any dispute arose.
Ferrer says that Arnold M. Preston, a lawyer, was not licensed as a talent agent, nor did he actually help him obtain his TV job. That came more than a year after an initial meeting with several television executives, Ferrer said.
The TV judge says the California Talent Agencies Act protects performers -- and he is one -- from crafty agents. It gives the state's labor commissioner the power to void unfair contracts with managers or agents.
"He didn't know anything about the entertainment industry when he got into this," said Robert M. Dudnik, a Los Angeles lawyer who represents Ferrer. "He was a criminal lawyer from Florida. This contract was faxed to him in a hotel room in Reno, and he signed it and faxed it back."
But Preston's attorney, Joseph D. Schleimer of Beverly Hills, says a deal to arbitrate is a deal that must be honored. Ferrer, he said, is "the arbitrator who refuses to arbitrate."
"If people sign an arbitration agreement, that deal is binding. Even his TV show works that way," Schleimer said.
This seemingly petty dispute over where to decide this issue -- not what to decide -- has bounced around the courts in Los Angeles for three years.
In 2005, soon after "Judge Alex" went on the air, Preston pressed for his fees to be paid. And when Ferrer refused, Preston invoked the arbitration clause in the contract.
"Arbitration is quick, easy and final," Schleimer said. (Or at least it can be. This ongoing litigation, he added, "is probably the least efficient way of resolving a dispute.")
Dudnik, Ferrer's attorney, filed a motion in Los Angeles County Superior Court to block arbitration until the California labor commissioner could rule on whether the contract should be voided. A Superior Court judge agreed with Ferrer, and said the dispute over the contract should go first to the labor commissioner.
Preston appealed, but a state appeals court, in a 2-1 decision, agreed the labor commissioner should consider the matter.
In dissent, Justice Miriam A. Vogel wrote: "This is not how it supposed to work. . . . When a former judge and a lawyer enter a contract in which they agree that that any dispute about that contract will be resolved by arbitration, I think they ought to be bound by that agreement."
Buoyed by that strong dissent, Preston appealed his case to the California Supreme Court. Without comment, that court refused in February to hear the matter.
The U.S. Supreme Court looked to be a long shot. In May, Schleimer petitioned the justices to hear the case of Preston vs. Ferrer to decide whether an "interstate arbitration agreement" can be ignored if it conflicts with California's special protection for performers. To the surprise of the lawyers on both sides, the justices in late September voted to hear the case.
Dudnik, who has been in Washington for several days to prepare for today's session, said he was surprised the high court wanted to hear this dispute.
"I wouldn't have given it one chance in a hundred. This is a very narrow issue," he said. The only question is whether the California labor commissioner can rule on the validity of the management contract before the dispute goes to arbitration or to a judge, he said.
Along the way, however, the spat between the TV judge and his manager has taken on added importance. The legality of binding arbitration is a recurring dispute in many industries.
Major employers prefer to avoid costly battles in court, and they like arbitration as a way to settle disagreements with workers and suppliers. The U.S. Chamber of Commerce and Macy's have filed friend-of-the-court briefs on Preston's side, urging the high court to rule squarely that arbitration deals must be honored.
The Screen Actors Guild and the American Federation of Television and Radio Artists have joined the case on the side of "Judge Alex." They say the high court should not undercut California's legal protection for those in the entertainment industry. By overseeing the licensing of talent agents and by reviewing contracts, the state labor commissioner "regulates a creative industry where individuals are vulnerable to abuse," they told the justices.
No matter how the Supreme Court rules, Dudnik said, the dispute will be far from settled. "If this is a 100-yard race, we are now about the 20-yard line," he said.
This phase of the case will decide where the dispute between Ferrer and his manager will be decided. "Even if we win in the Supreme Court," Dudnik said, "there's a good chance we'll end up back in arbitration." |
|
|
|
|
|
Britney in court for major hearing
Court Watch |
2008/01/13 08:46
|
Britney Spears' effort to regain access to her two small children will go back to court on Monday for what a lawyer described as "the most significant hearing in the case so far". Police and emergency medical technicians who were summoned to the singer's Los Angeles home on January 3 in a stand-off involving her refusal to return the boys to ex-husband, Kevin Federline, will testify, probably behind closed doors, Mr Federline's lawyer said. "I don't know if she will be there," Mark Kaplan said, but he suggested she would have to appear in person if she wanted to press her request to see her children. "You can't phone this one in," he added. If Spears comes to court, Mr Kaplan said she would be expected to testify. "She will have the opportunity to persuade the court that she can have some visitation under monitored conditions," he said. Phone and email messages requesting comment from Spears' lawyers were not immediately returned. Mr Kaplan said he knew it was only a temporary measure when he obtained emergency court orders two weeks ago granting sole physical and legal custody to Mr Federline. "These are very, very draconian orders," he said. "Because of that the court wanted to have a hearing to give her and her attorneys the opportunity to refute some of the declarations. "No judge likes making orders terminating a person's involvement with their kids." Meanwhile, police were preparing for a media frenzy in the downtown Los Angeles civic centre if Spears appeared, issuing warnings that vehicle and pedestrian offences would lead to prosecution. |
|
|
|
|
|
Mars Chocolate Heir Loses Natural Gas Drilling Fight
Court Watch |
2008/01/11 09:52
|
An attempt by the reclusive billionaire heir to the Mars chocolate bar fortune to ban drilling for natural gas on his Montana ranch was defeated in a court hearing late on Tuesday.
A judge ruled that Forrest Mars Jr, the former chief executive of the confectionary giant and the son of Forrest Mars Sr, the man credited with inventing M&Ms and the Mars bar, could not prevent Pinnacle Gas Resources from drilling on a 10,000-acre lease it holds for the land beneath Mars's Diamond Cross cattle ranch in south-eastern Montana.
On Monday, Mars employees at the ranch prevented Pinnacle from entering the property when it tried to force its way on to the ranch. Montana law gives companies the right to drill on private land provided they hold a valid lease. The lease expires tomorrow if the company does not commence exploration. Pinnacle said it expected to begin drilling before the end of the week.
"Who the surface owner is should not make any difference, and it didn't today," a Pinnacle attorney, Bryan Wilson, said after the ruling.
In the Diamond Cross case, Pinnacle Gas Resources and another company, Fidelity, have gas and oil leases on the ranch that predate Mars' ownership, according to public records and company officials.
Mars, who is worth an estimated $14bn, owns 82,000 acres along the Tongue river near Montana's border with Wyoming. He is opposed to the drilling because large amounts of underground water are pumped out to access the natural gas. Many farmers view that water as a precious reserve, given the extended drought in the western US.
Mars began buying land in south-eastern Montana in 2003, at the same time that natural gas exploration in the area was booming. He also has residences in Wyoming and Virginia. Since then he has joined several court actions challenging the natural gas industry.
An attorney for Mars, Loren O'Toole, said the objective was not to prevent exploration but to ensure that the water could be returned. "The point is, we can't lose all that water and at the same time have no provision to put it back," O'Toole said.
"Forrest has a lot of money, but he's in the same boat as anybody else," Beth Kaeding, chairwoman of the Northern Plains Resource Council, told the Associated Press news agency.
"If you don't own the mineral rights, it doesn't matter how huge your ranch is, how politically powerful you are, how much money you have. Mineral rights trump surface rights."
Forrest Mars Jr, who was not in court for the hearing, is in his 70s and is one of three children of Forrest Mars Sr, the son of the founder of the company.
Mars is one of the largest family-owned companies in the US, making confectionery, pet food and other products, from Snickers to Whiskas cat food, with $21bn in annual worldwide revenues and an estimated 40,000 employees. The three Mars siblings all featured in last year's top 20 list of the richest Americans, compiled by Forbes magazine.
Pinnacle sued Mars in December after the gas company's employees were told that they would be treated as trespassers if they attempted to enter the ranch.
In separate cases, Mars is suing Pinnacle over plans to develop coal-bed methane on land near his ranch, and is also seeking to block a new railway line in south-eastern Montana that will facilitate the exploitation of the area's coal reserves. |
|
|
|
|
|
Not Guilty Plea in Nev. Sex Tape Case
Court Watch |
2008/01/10 08:55
|
A man accused of raping a little girl after a videotape of the child being assaulted was found in the Nevada desert pleaded not guilty Wednesday, and a judge set a trial date for April. Chester Arthur Stiles, 37, stood next to his appointed lawyers and stared at the floor, saying little during his four-minute arraignment in Clark County District Court. Stiles is accused of sexually assaulting a 2-year-old girl in September 2003, and a 6-year-old girl that December. Authorities say the videotape is of the first attack. Stiles faces 22 felony charges including lewdness with a child under 14, sexual assault with a child under 14 and attempted sexual assault with a child under 14. If convicted, he could face multiple life terms in prison. The judge set trial for April 14. Stiles was returned to jail, where he has been held since his Oct. 15 arrest in what authorities have called protective isolation. Stiles' lawyer Jeff Banks said he intends to seek bail. Stiles became the object of a nationwide manhunt after a Nye County man turned the videotape over to sheriff's investigators in Pahrump, a town some 60 miles west of Las Vegas. Authorities released images from the tape and pleaded for public help to find the girl and her alleged attacker. The girl was found safe with her mother in Las Vegas on Sept. 28. Stiles was arrested after police in the suburb of Henderson stopped him driving a car with no license plates. The man who turned the tape over, 27-year-old Darrin Tuck, remained jailed Wednesday in Pahrump on a probation violation. Tuck said he found the tape in the desert, and his lawyer has said Tuck had no involvement with Stiles. Tuck has pleaded not guilty to a felony charge of possession of child pornography, which carries a possible penalty of one to six years in state prison. No trial date has been set. |
|
|
|
|
|
Guilty plea in Middletown fatal shooting case
Court Watch |
2008/01/09 06:50
|
A 28-year-old Hartford man has accepted a plea deal in a fatal shooting outside a Middletown barbershop in 2006.
Angel DeThomas was one of four people in a car found speeding from the crime scene after Anthony Hall was shot and killed.
Last year he rejected a judge's offer of 40 years in prison if he pleaded guilty to the fatal shooting. DeThomas changed his mind Tuesday as the first day of jury selection in his trial came to a close.
The plea deal means DeThomas will likely receive 34 years in prison when he is sentenced March 4th.
Police say the shooting was in retaliation for the robbery and assault of DeThomas' brother hours earlier. |
|
|
|
|
|
Court Imposes Strict Deadline in Lawsuit
Court Watch |
2008/01/08 02:54
|
The Supreme Court on Tuesday imposed a six-year deadline for suing the federal government in property disputes. The justices ruled 7-2 that a company waited too long to complain in court that the government took the firm's property. The decision came in a suit by the John R. Sand & Gravel Co. of Lapeer County, Mich., which sought compensation for the loss of some of the land it had leased from the property owners. Justice Stephen Breyer said a federal appeals court was correct in raising the deadline question without being asked to do so, and to rule that the company had missed the deadline. In some instances such as lawsuits against the government, the Supreme Court "has often read the time limits ... as more absolute," Breyer wrote. Justice John Paul Stevens dissented, saying the majority's decision "has a hollow ring" because the court previously had overturned a precedent that it relied on for Tuesday's decision. Justice Ruth Bader Ginsburg joined Stevens in dissent. In the 1990s, the Environmental Protection Agency began blocking access to portions of the property because the agency was overseeing the cleanup of a landfill under the federal Superfund law. The owners of the 158-acre site in Metamora Township, Mich., had used part of the property for a landfill for tens of thousands of drums of toxic industrial waste. The dispute is among several recent cases regarding whether filing deadlines under various laws prohibit courts from hearing a case or merely lay down rules on how and when to file a claim. At issue in the current case is the power of the U.S. Court of Federal Claims under the Tucker Act. The act allows lawsuits against the government for claims involving federal contracts and the taking of private property without fair compensation. In the suit involving John R. Sand & Gravel Co., the U.S. Court of Appeals for the Federal Circuit said it had no jurisdiction to hear the lawsuit because of the six-year deadline. |
|
|
|
|
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. |
Law Firm Directory
|
|