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Plaintiff in Halliburton Case to Send Attorneys Packing
Court Watch |
2007/01/08 11:44
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This is an update concerning the Halliburton Securities Litigation. Truth in Corporate Justice LLC (“TCJâ€) is Special Counsel to the AMS Fund, Inc. on Securities Matters. It speaks only on behalf of itself or for its client, the Lead Plaintiff, when authorized. Oakland, CA (PRWeb) January 4, 2007 -- Truth in Corporate Justice LLC (“TCJâ€) (www.worldwidetree.org) issues this press release to advise shareholders and the concerned public that the Archdiocese of Milwaukee Supporting Fund, Inc. (“AMS Fundâ€), Lead Plaintiff in the Halliburton Securities Litigation matter, is seeking to substitute lead counsel. This case is entitled: Archdiocese of Milwaukee Supporting Fund, Inc., et al. v. Halliburton Company, et al. (Master Docket No. 3:02-CV-1152-M), a consolidated class action pending in the Northern District of Texas before U.S. District Judge Barbara M.G. Lynn. On December 27, 2006, AMS Fund filed its Reply Brief on its Motion to Substitute Counsel. The brief cites numerous reasons for AMS Fund’s request to remove the firms of Scott + Scott and Lerach, Coughlin, Stoia, Geller, Rudman & Robbins as lead counsel in this matter. Truth in Corporate Justice LLC’s founder, Neil Rothstein (a former Scott + Scott partner), Special Counsel to the AMS Fund, stated that this is an unfortunate but necessary change that was unexpected at the time Mr. Lerach’s firm first intervened in this case. Some of the most important reasons for the change in counsel request, as stated in the Reply Brief filed on December 27, 2006, are the failure of lead counsel to keep AMS Fund fully informed about the status of the case in violation of Pre-trial Order Number Two. Next, according to the Reply Brief, there exists a potentially negative impact on the litigation as a result of the proliferation of media attention surrounding William S. Lerach, which could possibly shift the focus from the merits of the case and turn it into a convoluted battle between Lerach and the government. The conflict: an attorney under federal investigation is representing a lead plaintiff who has brought a lawsuit against a sitting vice president’s former company where he was Chief Executive Officer. The Vice President is not a defendant in this action. The Reply Brief also states that the Department of Justice’s ongoing criminal investigation of Lerach and his former firm, Milberg, Weiss, Bershad, Hynes & Lerach, which has led to the indictment of two of Lerach’s former partners and his predecessor firm, has brought to light facts not disclosed to the Court or Lead Plaintiff. The AMS Fund is requesting the court to substitute the firm of Boies, Schiller & Flexner as lead counsel. The Court has not yet ruled on the motion. Neil Rothstein, founder of TCJ, says that it is unfortunate that another change in counsel is necessary at this time; however, the amount of information that the current lead counsel hid from the Lead Plaintiff clearly does not comport with what is in the best interest of the client or the class. “While the Lead Plaintiff sought to have this transition occur with the dignities of those involved remaining intact, the realities amount to far more than the loss of dignity,†stated Rothstein. “This is not about guilt or innocence; it is about the appearance of impropriety, conflicts of interest, and ethical behavior.†To read more about this situation, please visit www.halliburtonsecuritieslitigation.com |
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US Court of Appeals Uphold Voter ID Law
Court Watch |
2007/01/07 05:38
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The US Court of Appeals in Chicago has "elected" to uphold Indiana’s voter ID law, albeit in a split decision. The law that requires voters to show a photo ID at the polls was challenged as an undue burden on the right to vote. While the court writes that the law can be improved, the justices ruled that the regulation to show a photo ID was reasonable. One judge disagreed, writing in dissent, the law was called a thinly veiled attempt to discourage Election Day turnout. The justice pointed out that voter fraud is already a crime and that no one in Indiana had ever been charged with that crime. |
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Woman settles condoms arrest lawsuit
Court Watch |
2007/01/06 09:56
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A US college student imprisoned for three weeks for trying to take flour-filled condoms onto an airplane has settled her lawsuit against Philadelphia for $US180,000, a city spokesman said today. Janet Lee, 21, a student at Bryn Mawr College in Pennsylvania, was arrested at Philadelphia International Airport in 2003 after police and security officials thought the flour was an illegal drug. She was held in Philadelphia on drug-trafficking charges and released only when tests proved the substance in the three condoms was flour. The condoms, which are sometimes used to smuggle drugs, were a joke among the students, and Lee was taking them home to Los Angeles. Her civil rights case against Philadelphia, which had been set to go to trial on Thursday before it was settled, said Ted Qualli, spokesman for Philadelphia Mayor John Street.
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Supreme Court Hears Pivotal First Amendment Case
Court Watch |
2007/01/05 18:29
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The Supreme Court case, Washington v. Washington Education Association, to be heard on Wednesday, January 10, is a pivotal case in protecting teachers' First Amendment rights. The case addresses the 1992 Washington paycheck protection law that requires unions to gain permission from their non-members before their money is used for political purposes.
The Washington Supreme Court ruled that this law places an undue burden on the
union. The U.S. Supreme Court will answer the divisive question of whether the union's First Amendment rights trump the constitutional rights of teachers.
"No one has the right to take our money and spend it on causes we don't believe in," said Cindy Omlin, executive director of Northwest Professional Educators. "In a country that places such a high value on freedom, it is incredible that the constitutional rights of an individual can be so severely violated." |
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Appellate court upholds Indiana voter ID law
Court Watch |
2007/01/04 16:48
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The US Court of Appeals for the Seventh Circuit on Thursday upheld an Indiana law requiring voters to show photo identification before casting a ballot. In its ruling, the court upheld a lower court decision that the law does not put an undue burden on the right to vote and therefore does not violate the US Constitution. The Indiana Democratic Party and the American Civil Liberties Union of Indiana had appealed the district court's decision, but during oral arguments Judge Richard Posner, who wrote the appeals court ruling, was skeptical of the plaintiffs' contention that the law would prevent voters from casting ballots. The US Supreme Court issued a per curiam opinion last October ruling that Arizona could enforce its voter ID law, which requires voters to show government-issued ID cards at the polls. Similar voter ID laws have been upheld in Georgia and Pennsylvania, though the Missouri Supreme Court struck down a law last year requiring voters to show ID cards at the polls. A lawsuit over Ohio's voter ID legislation ended just before last November's mid-term election in a settlement requiring future Ohio absentee voters to show proof of ID when applying for absentee ballots, but allowing absentee ballots already obtained without ID to be counted. |
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Brazilian Court Orders Closure of YouTube
Court Watch |
2007/01/04 13:20
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According to wire reports, a Brazilian court has ordered YouTube to cease operations until it removes a celebrity sex video involving model Daniela Cicarelli, the ex-wife of soccer star Ronaldo. Cicarelli filed suit against the Google-owned content site over the video, in which she is said to be seen having sex with her boyfriend, Tato Malzoni, on the beach. According to reports, it quickly became the most viewed video in Brazil. Cicarelli ordered the site to remove the video and demanded $116,000 in damages for each day the video remains on the site. While YouTube did remove the clip, the site’s users have since reposted it. |
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US court ruling could widen steroid probe
Court Watch |
2006/12/31 17:00
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In a ruling that could boost federal efforts to prosecute athletes who used steroids, a US appeals court said yesterday that lower courts had wrongly blocked the US government from access to confidential Major League Baseball drug tests. At issue are subpoenas involving more than 100 baseball players in tests by two laboratories. Prosecutors continue to investigate whether players such as Barry Bonds, who holds the record for home runs in a single season, lied to a federal grand jury in San Francisco about steroid use. A three-judge panel of the 9th US Circuit Court of Appeals in San Francisco said a lower-court judge who had overseen cases involving Balco, a San Francisco-area lab that illegally distributed steroids to athletes, had abused her discretion. “The subpoenas were not unreasonable and did not constitute harassment,†Judge Diarmuid O’Scannlain wrote for the panel. The drug tests could provide key evidence in showing which players used steroids, drugs many observers see as behind an explosion of home runs in the late 1990s and early 2000s. Amid growing scrutiny in recent years, Major League Baseball started unannounced steroid testing of players in 2003. Michael Rains, criminal attorney for Bonds, said the tests did not incriminate his client, who could become the major leagues’ all-time home-run king next season. “If what the government saw and got in April of 2004 was harmful to Barry Bonds, you can darn well bet that would have been leaked by now,†he said in an interview. “There is nothing at all about those tests that is harmful to Barry Bonds.†“The government’s quest to get these — initially I’m sure just to target Barry — has been just another of a goose egg for them in their continuing efforts to both target, harass, indict and prosecute Barry Bonds.†US Attorney Kevin Ryan said in a statement, “We are pleased that the majority of the 9th Circuit panel found that the government’s seizures and use of grand jury subpoenas were reasonable.†“We will continue to review the ... opinion to determine what the next investigative step may be,†Ryan said. Investigators initially obtained a subpoena in 2003 to receive the anonymous drug testing results for 11 baseball players, and then sought to get the results from two firms that did the work, Quest Diagnostics in New Jersey and Comprehensive Diagnostic Testing, or CDT, in Long Beach, California. A legal fight ensued and federal agents in April 2004 searched CDT, finding positive drug test results for eight players, with possible positive results for 26 others, according to the court ruling. The government sought further records amid opposition from the labs and the Major League Baseball Players Association. A different judge in Nevada ordered the return of specimens and notes. That ruling was also wrong, the 9th Circuit said. In a partial dissent in the 115-page ruling, Judge Sidney Thomas expressed concern the ruling would ease the way for prosecutors to seize confidential medical records. “There is no question that the baseball players who participated in the random testing had a justified expectation of privacy in the test results,†Thomas wrote. “The scope of the majority’s new holding in the digital age could not be greater; it removes confidential electronic records from the protections of the Fourth Amendment.†A spokesman for Major League Baseball declined comment, saying lawyers had not yet reviewed the decision. |
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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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