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U.S. court rejects Kerkorian appeal - Daimler
Court Watch |
2007/09/19 08:12
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A U.S. federal court has upheld a lower court ruling that investor Kirk Kerkorian is not entitled to damages over the merger of Daimler-Benz and Chrysler nine years ago, DaimlerChrysler said on Wednesday. "DaimlerChrysler is pleased to announce that the Court of Appeals for the Third Circuit has unanimously affirmed the trial court's judgment dismissing Tracinda's complaint relating to the 1998 merger of Daimler-Benz and Chrysler," the company said. Kerkorian's Tracinda investment vehicle was not immediately available for comment. The lower court ruled in 2005 that Kerkorian had not been misled into believing the $36 billion deal was a merger of equals as the two partners had claimed. A DaimlerChrysler spokesman said the verdict would not have any financial consequences because the company had not set aside any money in case it lost the case. It had, however, made reserves for its legal fees and court costs, he added. DaimlerChrysler shares rose 1.4 percent to 66.79 euros by 0941 GMT, lagging a 2.1 percent gain in the DJ Stoxx European car sector index. The transatlantic linkup between Daimler-Benz and Chrysler was one of the biggest deals in automotive history, but never lived up to its potential and was unwound this year when Chrysler was sold to buyout firm Cerberus Capital Management. Kerkorian was Chrysler's leading shareholder when it signed the deal that former Chief Executive Juergen Schrempp boasted would form the world's first truly global carmaker. Kerkorian, who had demanded more than $1 billion in damages, contended that Schrempp only billed the deal as a merger of equals to lower the transaction price and avoid paying shareholders a "control premium".
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Mexican drug lord pleads guilty in US court
Court Watch |
2007/09/19 04:16
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A notorious Mexican drug lord faces life in prison after admitting to running the feared Tijuana cartel in a US court on Monday, justice officials said. Francisco Javier Arellano-Felix, 39, will be sentenced to life without parole on November 5 after pleading guilty to running a criminal enterprise and conspiracy to launder money, officials said after a hearing in San Diego. Arellano-Felix, nicknamed "El Tigrillo" (Little Tiger), was arrested by the US Coast Guard in August last year while fishing in international waters off Mexico's coast. US authorities alleged he was the head of the Tijuana drug cartel, which has been blamed for the murder and torture of police officers, informants and rivals and is one of the main smugglers of cocaine into the United States. According to Mexican authorities, Arellano-Felix was also involved in the 1993 assassination of Roman Catholic cardinal Juan Jesus Posadas Ocampo at Guadalajara airport. The Tijuana cartel distributes illegal drugs, much of it cocaine from Colombia, to the US state of California. Authorities say the group has diversified to include amphetamines and marijuana. A US indictment for 11 top members of the group unveiled in July 2003 charged them with racketeering, conspiracy to import and distribute cocaine and marijuana, and with money laundering. The 2003 indictment said the Tijuana operation received multi-tonne shipments of cocaine by sea and air from other traffickers, including Colombia's rebel Revolutionary Armed Forces of Colombia (FARC), and then arranged to smuggle the drugs into the United States. It also said the group "recruited, trained and armed groups of bodyguards and assassins responsible for protecting the leaders of the organization and for conducting assassinations of rival drug traffickers." Arellano-Felix pleaded guilty on Monday in a deal brokered with justice officials after they indicated they would not seek the death penalty. The narcotics kingpin also agreed to forfeit 50 million dollars he made from his drugs empire as well as a 43-foot yacht called the Dock Holiday as part of the plea agreement. A co-defendant, Manuel Arturo Villareal-Heredia, 31 -- a senior lieutenant within the cartel -- also pleaded guilty to racketeering and conspiracy to invest and reinvest illicit drug profits. Villareal-Heredia agreed to forfeit five million. He faces up to 30 years in prison when he is sentenced on January 7. |
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Ex-Navy Clerk Pleads Guilty in Gun Case
Court Watch |
2007/09/19 04:15
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A former Navy supply officer pleaded guilty Tuesday to illegally possessing 60 unregistered machine guns that were found at his rural home. David Carmel told U.S. District Judge John C. Shabaz he is being treated for a mental illness, but is in control of his "faculties." Assistant U.S. Attorney Laura Przybylinski Finn said prosecutors still aren't sure where Carmel got the machine guns. Carmel faces up to 10 years in prison and a $250,000 fine when he is sentenced Nov. 27, although the prosecutor said he could get a lighter sentence in exchange for his guilty plea under federal sentencing guidelines. Carmel, 32, of Gilman, also is charged in federal court in New York state with trying to sell rifle sights he allegedly stole from the military. That complaint says that when he served as a supply officer on the minesweeper USS Shrike, he obtained hundreds of laser sights, machine gun parts and night vision goggles although the vessel didn't require the equipment. Carmel, a lieutenant, was relieved of his supply duties for misappropriating government property and misusing his authority. He left the Navy in 2005. The complaint in Wisconsin said Carmel became the target of an investigation into theft and sale of stolen military supplies, including weapons. Federal investigators discovered a cache of weapons on the 40 acres Carmel shares with his parents in Chippewa County, including machine guns, a rocket launcher, artillery shells and dozens of grenades. Carmel's attorney, Chris Kelly, said nothing in court besides agreeing with the judge. He didn't immediately return a call seeking comment. No hearings have been scheduled on the charges in New York. |
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TGIP Gets $156 Million Verdict In AT&T Patent Suit
Court Watch |
2007/09/18 09:37
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Top U.S .phone company AT&T Inc said on Monday that it was ordered to pay $156 million after losing a jury verdict in a patent infringement case brought by TGIP Inc. Separately, Verizon Communications said it reached a settlement with TGIP, a Dallas-based company that holds patents related to telephone calling cards, but details were not given. AT&T said it would appeal the case, which was tried in the Beaumont division of the United States District Court for the Eastern District of Texas. The case centered on two patents related to activating calling cards. "We are disappointed by this result which is contrary to the law and evidence in this case. We will seek to have it corrected by the trial court or on appeal," AT&T spokesman Michael Coe said in an e-mailed statement. Verizon confirmed the settlement but declined to comment on details. The financial award against AT&T could increase to $468 million, or three times the original verdict, McKool Smith P.C., the law firm representing Dallas-based TGIP, said in a statement. The law firm cited the jury's finding of willful infringement against AT&T. McKool Smith said other defendants besides Verizon had reached settlements before the trial but it did not give details. The lawsuit was filed against AT&T Corp. in March 2006 before the company merged with SBC to form AT&T Inc. |
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Top N.J. Court Reverses Abortion Ruling
Court Watch |
2007/09/13 02:53
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A doctor has no duty to tell a woman considering an abortion that her embryo is an "existing human being," a unanimous New Jersey Supreme Court ruled Wednesday, averting a trial over when human life begins. The decision, citing past rulings, said the court "will not place a duty on doctors when there is no consensus in the medical community or among the public" on when life begins. The 5-0 Supreme Court ruling reversed a unanimous ruling by a three-judge appeals panel and dismissed the lawsuit of a woman who had an abortion. Abortion cases pending in Illinois and South Dakota have raised the same issue. "On the profound issue of when life begins, this court cannot drive public policy in one particular direction by the engine of the common law when the opposing sides, which represent so many of our citizens, are arrayed along a deep societal and philosophical divide," New Jersey Justice Barry T. Albin wrote for the court. The ruling came in a lawsuit filed by a woman who accused a doctor of failing to give her enough information before she signed a consent form for him to perform an abortion. Rose Acuna questioned whether Dr. Sheldon C. Turkish misled her in 1996 about the development of the pregnancy, then in the sixth or seventh week. She was 29 at the time and had two daughters following a miscarriage when she consulted Turkish, who had delivered her second child. "According to Acuna, Turkish told her that she 'needed an abortion because (y)our kidneys are messing you up,'" court papers said. "Acuna asked Turkish whether 'the baby was already there.' According to Acuna, Turkish replied, 'Don't be stupid, it's only blood.'" Acuna signed a consent form, and Turkish did the abortion. Bleeding continued, however, and seven weeks later Acuna went to a hospital. She was diagnosed with an incomplete abortion and had another procedure. "According to her, one of the nurses caring for her explained that the procedure was necessary because Turkish 'had left parts of the baby inside of (her).' Thus, Acuna concluded based on the reference to 'the baby' that she had given consent to an abortion based on erroneous information," the appellate panel wrote last year. Acuna, now 40, says she suffered emotional distress for the death of an unborn child. Acuna's lawyer, Harold J. Cassidy, said he was considering an appeal to the U.S. Supreme Court. "Millions of women across the nation have made the same complaint as Mrs. Acuna," said Cassidy, an anti-abortion lawyer based in Monmouth County who is also involved in the South Dakota case. "They have lost something of great value, which is dismissed as mere tissue," added Cassidy, who is also known for successfully arguing against surrogate parenting contracts in the 1987 "Baby M" case. The doctor's lawyer, John Zen Jackson, said "the court properly recognized there are limits to a physician's duty in obtaining a patient's consent." In South Dakota, Planned Parenthood is challenging a 2005 law that requires abortion doctors to tell women several things, including that an abortion ends human life. It has never been enforced, however, having been put on hold by a federal judge. The lawsuit challenging its constitutionality is pending. The American Civil Liberties Union said a class-action medical malpractice lawsuit with similar claims as those raised by Acuna was recently brought in Illinois. Marie Tasy, executive director of the anti-abortion group New Jersey Right to Life, decried the ruling. "My reaction is that once again the court relies on an outdated schizophrenic mentality to the detriment of women and indulges in semantic gymnastics to avoid the indisputable fact that a child in the womb is a human being," she said. The ACLU praised the decision, saying it "sends a message that New Jersey will not tolerate backdoor efforts to curtail reproductive rights or free speech," said Ed Barocas, legal director of the state's ACLU chapter. |
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Judge rejects bonus for NWA law firm
Court Watch |
2007/09/12 07:09
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A bankruptcy court judge on Tuesday approved $124.2 million in fees and expenses for the lawyers and advisers who helped Northwest Airlines Corp. through Chapter 11 bankruptcy. But he held off on awarding another $4.2 million in possible bonuses. U.S. Bankruptcy Judge Allan Gropper, who presided over the Eagan-based carrier's bankruptcy case, denied a petition for a $3.5 million bonus for Northwest's lead law firm, Cadwalader, Wickersham & Taft and a $700,000 bonus for creditor law firm Otterbourg, Steindler, Houston & Rosen, according to the Associated Press. To be eligible for those payments, their work should have produced a "remarkable result" that wouldn't have been the result of ordinary performance. The Association of Flight Attendants, the U.S. trustee on the case and a former creditor had opposed the bonuses. Cadwalader earned $35.4 million in fees and $2.2 million in expenses. Otterrbourg earned $7 million in fees and $210,231 in expenses. They were among 24 law firms and advisers that were part of Northwest's bankruptcy team. The group included Minneapolis-based Dorsey & Whitney, which had applied for final fees of $3.2 million and expenses of $171,753, according to legal filings.
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Knicks' Thomas in Court As Jury Selection Begins
Court Watch |
2007/09/11 10:00
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New York Knicks Coach Isiah Thomas and a former team executive who claims he subjected her to unwanted sexual advances appeared in federal court yesterday as jury selection began in her $10 million sexual harassment lawsuit. Thomas and his accuser, Anucha Browne Sanders, sat stoically within a few feet of each other, both flanked by teams of lawyers. Thomas, also the Knicks' president and considered one of the best players in NBA history, stood and smiled as the judge introduced him to the scores of potential jurors sitting in the gallery. The jury pool was asked to fill out a lengthy questionnaire. One of the questions: "Do you regularly follow professional basketball or consider yourself a fan?" U.S. District Judge Gerard Lynch also read aloud a list of names of possible witnesses, including Knicks players Stephon Marbury and Malik Rose. During individual questioning, the judge dismissed one prospective juror, a coffee trader, after the man revealed his anguish over being fired from a job based on a co-worker's claim of inappropriate touching. A maintenance man and Knicks fan was kept in the pool despite suggesting that game tickets were overpriced and that Thomas's track record as coach was poor. "I can speak freely? The team's not doing too well," he said as Thomas listened nearby. Eight jurors were to be picked for a trial expected to last three weeks, meaning a verdict could come just before the Knicks open training camp. Browne Sanders, a former Northwestern basketball star and married mother of three, wants reinstatement to her job as senior vice president of marketing and business operations. She's also seeking hefty damages after spending five years with the storied franchise. The plaintiff contends she was fired in January 2006 "for telling the truth" while going through internal channels to stop the harassment by Thomas. Madison Square Garden, which owns the team, insisted her dismissal was because she "failed to fulfill professional responsibilities." |
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