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Arkansas court ends school-funding suit
Court Watch | 2007/06/01 06:31

State lawmakers are adequately funding public schools, the Arkansas Supreme Court ruled Thursday in ending a long-running lawsuit. The court singled out the Legislature‘s continuing review of its education efforts. A report last month by two court-appointed special masters concluded the framework for an improved education system existed, but constant review was needed.

"Anybody who thinks we‘re through has missed the point. This is an ever-changing and evolving target that requires constant vigilance," the governor said.

Late last year, four school districts asked the court to maintain oversight, arguing that while the Legislature had appropriated extra money, it hadn‘t adequately addressed buildings, programs for non-English speakers and money for rapidly growing districts.

"I think we‘ve made tremendous progress as a result of this case and I think the few remaining concerns we have about education are relatively small compared to what‘s been accomplished," Heller said.

"The court has said yes, it‘s about spending more money and showing your commitment to education, but what‘s more important is how you spend it," McDaniel said.



NJ Court Certifies Wal-Mart Class-Action
Court Watch | 2007/05/31 08:51

The New Jersey Supreme Court on Thursday certified a class-action lawsuit against Wal-Mart Stores Inc. by employees who claim that the nation's largest retailer denied them meal and rest breaks, and forced them to work off-the-clock. The 5-1 ruling by New Jersey's highest court revives the workers' lawsuit, which had been denied class-action status by a trial judge and an appellate panel.

Plaintiff attorney Judith L. Spanier, who said the class would contain about 80,000 current and former Wal-Mart employees, said similar cases were pending in other states.A spokesman for Bentonville, Ark.-based Wal-Mart had no immediate comment on the ruling.

The Supreme Court found that the class should be certified because common questions of law outweigh individual issues, and that the class-action lawsuit is the better method to handle the dispute.



Explorer class action may hit Ford hard
Court Watch | 2007/05/30 06:37

A lawsuit set for trial next month in Sacramento, Calif., claims Ford Motor Co. deceived consumers about the safety of its Explorer sport-utility vehicles and threatens more than $2 billion in profits Ford earned from Explorers built in the 1990s and sold in California. The class action, brought on behalf of more than 414,000 Explorer buyers, is so large that it puts the automaker at risk of collapse, a Ford defense lawyer said last week after a final pretrial hearing.

The trial is scheduled to start Monday before Superior Court Judge David DeAlba, who will decide the case without a jury.

Ford lost $12.7 billion last year, said Malcolm Wheeler, a Denver attorney who heads Ford's trial team. "This is a company that has had to lay off thousands of employees, a company struggling with a $3.5-billion negative net worth," Wheeler said.

Tab Turner - a Little Rock, Ark., lawyer who pioneered SUV rollover lawsuits - will be the plaintiffs' lead trial counsel in the Sacramento case. "This vehicle is one of the most dangerous vehicles ever produced in this country," said Turner, who first brought SUV rollover lawsuits involving the Ford Bronco II and Explorers.

Marketed as a replacement for family station wagons, the Explorers built in the 1990s have a tendency to flip over during evasive maneuvers at speeds over 40 mph, he said. Ford knew of the Explorer's problems but decided it was more profitable to produce the vehicle without changing its design, he said.

The class of plaintiffs includes California residents who bought, owned or leased a 1991-2001 model-year Ford Explorer, new or used, between 1990 and Aug. 9, 2000.

The plaintiffs' attorneys claim Ford's deception cost the state's car buyers about $500million because the value of their vehicles fell once the alleged defects became widely known. In addition, the plaintiffs are seeking a return of profits Ford earned from its alleged wrongdoing. According to the plaintiffs' lawyers, Ford reaped profits of $2.135 billion on sales in California from 1990 to 2000.

Ford lawyer Wheeler said it was the tires, not the Explorers, that were the problem and plaintiffs' lawyers were simply trying to extract millions more from Ford. He said the Explorer had been deemed safe by Consumer Reports magazine and the National Highway Traffic Safety Administration. Out of 32 Explorer product-liability cases that had gone to trial, Ford had won 26 of them, he said.



Court limits gender pay discrimination lawsuits
Court Watch | 2007/05/29 11:13

The US Supreme Court ruled Tuesday that an employee cannot bring a lawsuit for pay discrimination under Title VII of the Civil Rights Act of 1964 for allegedly discriminatory actions that occurred outside the statutory limitations period even when a paycheck is received during the statutory limitations period. In Ledbetter v. Goodyear Tire & Rubber Co., Lilly Ledbetter, who worked at Goodyear for 19 years, alleged that she received less pay than male counterparts because of sex discrimination. The district court awarded Ledbetter $360,000 in damages but the US Court of Appeals for the Eleventh Circuit reversed, holding that the district court should have granted Goodyear's motion for judgment as a matter of law because the statute required Ledbetter to file her complaint with the Equal Employment Opportunity Commission (EEOC) within six months of the alleged illegal employment practice.

The Supreme Court affirmed the federal appeals court, rejecting Ledbetter's argument that each paycheck issued violated Title VII, triggering a new six-month EEOC filing period. The Court held that "a pay-setting decision is a discrete act that occurs at a particular point in time" and that the statutory period for filing an EEOC claim begins when that discrete act occurs. Read the Court's 5-4 opinion per Justice Alito, along with a dissent from Justice Ginsburg.



Ga. Judge: Keep Potter Books in School
Court Watch | 2007/05/29 10:16

The adventures of boy wizard Harry Potter can stay in Gwinnett County school libraries, despite a mother's objections, a judge ruled Tuesday. Laura Mallory, who argued the popular fiction series is an attempt to indoctrinate children in witchcraft, said she still wants the best-selling books removed and may take her case to federal court. "I maybe need a whole new case from the ground up," said Mallory, who was not represented by an attorney at the hearing. Superior Court Judge Ronnie Batchelor's ruling upheld a decision by the Georgia Board of Education, which had supported local school officials.

County school board members have said the books are good tools to encourage children to read and to spark creativity and imagination.

J.K. Rowling's Harry Potter books, published by London-based Bloomsbury Publishing PLC (other-otc: BLOOMSBURY.PK - news - people ), tell stories of children with magic powers. They have been challenged numerous times since 2000, making them the most challenged texts of the 21st century, according to the American Library Association.

At Tuesday's hearing, Mallory argued in part that witchcraft is a religion practiced by some people and, therefore, the books should be banned because reading them in school violates the constitutional separation of church and state.

"I have a dream that God will be welcomed back in our schools again," Mallory said. "I think we need him."



Ex-youth league official pleads guilty
Court Watch | 2007/05/26 12:48

A former Casper Youth Baseball official has pleaded guilty to one count of embezzling money from the organization.

As part of a plea agreement, four other embezzlement charges against Keith Hood were dropped, Assistant Natrona County District Attorney Dan Itzen said Friday.

Hood was accused of writing $6,600 worth of checks to himself from the organization's bank account.

He faces a two- to three-year prison sentence that will be suspended, provided he completes three years of supervised probation and makes restitution, Itzen said.

Hood said in Natrona County District Court on Friday that he has already paid back $4,500 to the league, which serves about 700 children. pervised probation and makes restitution, Itzen said.



Appeals Court Upholds Adelphia Fraud Convictions
Court Watch | 2007/05/25 11:03

A U.S. appeals court Thursday upheld the criminal convictions of Adelphia Communications Corp. founder John J. Rigas and his son Timothy, who both face lengthy prison terms for concealing loans and stealing millions from the cable operator. The court affirmed the bulk of the pair's July 2004 convictions on 18 counts of fraud, including securities fraud and conspiracy. One count of bank fraud was dismissed, however, and the appeals court said the two men should be resentenced.

John Rigas, 82, was sentenced in June 2005 to 15 years in prison, and Timothy Rigas, 51, the company's former finance chief, was sentenced to 20 years. Both men have remained free on bail while they pursued their appeals.

At the time, U.S. District Judge Leonard Sand in Manhattan admonished the elder Rigas for his lack of remorse and said he would have imposed a lengthier prison term if not for Rigas' age and ill health.

The Adelphia case was one of the biggest corporate fraud prosecutions in recent years. The father and son were accused of looting the company to pay for personal land deals and vacation homes.

In its decision Thursday, a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit said the defendants needed to show substantial errors by the district court for a reversal of the jury verdict.

"Given the weight of evidence supporting the jury's verdict on each charge, we conclude that they have not done so," the judges said.

Attorneys for the Rigases had no immediate comment on the ruling, nor did the U.S. attorney's office in New York, which prosecuted the case.

Adelphia filed for bankruptcy protection in June 2002. Its cable assets have been sold to Comcast Corp. and Time Warner Inc.



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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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