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Not guilty plea entered for teen in NJ webcam case
Court Watch | 2011/05/23 08:58
A former Rutgers student accused of using a webcam to spy on his roommate's same-sex encounter pleaded not guilty Monday to 15 charges including bias intimidation, invasion of privacy and evidence tampering.

It was the first court appearance for 19-year-old Dharun Ravi, the main suspect in the crimes allegedly committed against Tyler Clementi, a fellow Rutgers freshman who killed himself days after the alleged spying. His death sparked a nationwide conversation about bullying against young gays.

Ravi, of Plainsboro, was silent throughout the court appearance, which lasted less than 10 minutes. Clementi's parents and brother sat in the back of the courtroom for the brief hearing.

Ravi wore a dark suit and appeared to bite his lower lip as a chorus of cameras clicked his photo.

Lawyer Steven Altman entered a not guilty plea for Ravi and waived having the indictment against him read in court.

Authorities say the case began in early August, when Ravi learned who he'd be rooming with in his first year at Rutgers.


Texas lawyer wants extra pollution controls nixed
Court Watch | 2011/05/23 08:57
A lawyer representing the energy industry has filed a petition with the Texas Commission on Environmental Quality seeking a relaxation of rules governing air-borne pollution that he says compel Texas businesses to pick up the tab for foreign polluters.

Attorney Jed Anderson said states should not be forced to make deeper cuts in smog-forming emissions to meet federal limits because of wind-borne pollution from places such as Mexico.

"It's important to push for cleaner air, but we need to do it in a way that is just and fair," said Anderson, of Houston.

He filed the petition last week, the Houston Chronicle reported Monday.

TCEQ has 60 days to respond to the petition. If the agency agrees with Anderson, it could ask the U.S. Environmental Protection Agency to revise the rules.

Federal law gives states the primary responsibility for assuring that the air is safe to breathe. The law allows an exception if foreign pollution is the only reason that an area does not comply with smog limits, but that is difficult to prove.



Ohio couple pleads guilty in terror funding case
Court Watch | 2011/05/21 08:59
An Ohio husband and wife pleaded guilty Monday to charges that they plotted to help finance a Mideast terrorist group under a deal that spares them from potential life sentences.

Hor and Amera Akl were arrested in June 2010 after authorities said an FBI informant provided them with cash that they were planning to hide in a vehicle to be shipped to Lebanon. They intended to conceal up to $1 million for Hezbollah, the Lebanese group the U.S. government lists as a terrorist organization and blames for numerous attacks on Israel, federal prosecutors said.

The Akls, dual citizens of the United States and Lebanon, had previously pleaded not guilty to several counts carrying the possibility of life prison terms, prosecutors said. They pleaded guilty before U.S. District Judge James Carr in Toledo to conspiracy to provide material support to a foreign terrorist organization.

Hor Akl now faces a sentence of a little more than seven years in prison, while his wife could receive up to four years. They remained free on bail after their pleas, and it was not immediately clear when they would be sentenced.

Prosecutors said Hor Akl traveled to Lebanon in March 2010 to arrange the delivery of money. He returned to the United States claiming that he had met with Hezbollah officials, the government's said.


Mack Trucks, Volvo to pay $525M to settle suit
Court Watch | 2011/05/19 09:11
Mack Trucks Inc. and its parent, AB Volvo, will pay $525 million to settle a class-action lawsuit filed by more than 9,300 retirees of the North Carolina truck maker after they challenged potential reductions to their lifetime health benefits.

The Legal Intelligencer reported Tuesday that Senior U.S. District Judge R. Barclay Surrick gave preliminary approval of the settlement. A hearing is Sept. 7 to decide if the settlement is fair and reasonable.

The suit was filed in Michigan after Mack sought a ruling that lifetime benefits of its retirees were not vested and could be modified or eliminated. Both cases were consolidated in the Eastern District of Pennsylvania.

Mack reached an agreement with the UAW in May of 2009 on a voluntary employees beneficiary association, or VEBA, that would have the union oversee retirees' health benefits. Mack and Volvo agreed to fund it with $525 million, paid in five annual installments.

Mack said it expects the final approval of the VEBA in September.

The company also reported that deliveries nearly doubled in April from a year earlier with 1,608 trucks delivered from the 810 it recorded in April 2010, an increase of 99 percent.



Court lets Minn. corporate disclosure law stand
Court Watch | 2011/05/17 08:47
A federal appeals court has affirmed a judge's decision to let stand Minnesota's law requiring the disclosure of corporate political donations, saying the state's rules are similar to laws upheld by the Supreme Court and the groups who want them blocked are unlikely to prevail.

In an opinion filed Monday, the 8th Circuit Court of Appeals disagreed with claims that Minnesota's disclosure requirements effectively prohibit corporate independent expenditures and impose burdensome regulations that ban free speech.

"The burden on corporations appears light, and the reporting requirement greatly facilitates the government's informational interest in monitoring corporate independent expenditures," the appeals court found. The judges wrote that rather than banning contributions, the law provides a way to disclose certain information.

Minnesota law requires that in election years, businesses and independent groups must submit five reports and disclose large donations within 24 hours for the three weeks leading up to the primary and the last two weeks before the general election. In off years, one report is required. The registration requirement is triggered when businesses or independent funds spend more than $100. Penalties for violations can be up to $25,000.

One member of the three-judge panel disagreed with the majority in part, saying the state's reporting requirements chill political speech.



AT&T wage lawsuit cannot proceed as class-action
Court Watch | 2011/05/13 08:44
AT&T Inc won a ruling from a Manhattan federal judge to decertify a class-action lawsuit by more than 4,100 workers who complained its mobile unit failed to properly pay wages and overtime.

The ruling, by U.S. District Judge Jed Rakoff in favor of AT&T Mobility LLC, came two weeks after the U.S. Supreme Court, by a 5-4 vote, upheld the company's ability to require customers to waive their right to class-based arbitrations to resolve disputes, even over small sums.

In the wage case, Gamze Zivali, a Brooklyn, New York resident and assistant store manager, accused AT&T Mobility of requiring her to spend 10 to 15 unpaid hours per week answering e-mails, texts and phone calls, and performing other work.

Rakoff in July 2009 granted "conditional" permission for other AT&T Mobility workers to join the case, and allege they were victims of a "common policy or plan" that violated federal labor laws. More than 4,100 workers joined the case.

But in a decision made public late Thursday, Rakoff said there was "an extremely wide variety of factual and employment settings" among the workers, their managers and retail stores.



Together, Phoebe and Tyler alerted us to a crisis
Court Watch | 2011/05/09 07:10
Phoebe Prince was a recently arrived Irish immigrant, 15 and emotionally fragile, when high school bullying over two boys she dated apparently drove her to hang herself with a scarf in her Massachusetts home.

Tyler Clementi was an 18-year-old violinist with a bright future. He jumped off the George Washington Bridge into the Hudson River after his roommate at Rutgers University allegedly used a webcam to spy on his same-sex liaison.

They never met each other, but together their ordeals put a spotlight on the harm caused by bullying and helped strengthen laws to crack down on what had until then been treated as a rite of adolescence.

"This prosecution has also shattered the myths that bullying is just part of growing up, that it affects only a small number of kids, and that kids can work it out themselves," said David Sullivan, a prosecutor in the Prince case. "The era of turning a blind eye to bullying and harassment is over."

Last week, five teenagers charged in the Prince case admitted in court that they participated in her bullying. In plea deals with prosecutors, they received probation and were ordered to perform community service. If they successfully complete their probation, the charges will be dropped. A statutory rape charge against a sixth teenager was dropped.




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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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