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Ohio Court Ruling Could Change Dog Bite Lawsuits
Court Watch | 2010/01/07 04:22

In a case from northeast Ohio's Summit County, the court ruled 5-2 Wednesday that owners may be sued both under the state's dog bite law and for more general negligence.

The decision is a victory for the family of a 12-year-old girl who was mauled by a dog and was hurt on the head.

A trial judge had allowed the girl's mother to sue the owners only under the dog bite statute, limiting the money award in the case. The jury awarded compensatory damages of $5,000 for the girl's medical bills and other costs.

The Supreme Court says the mother should also have been allowed to pursue a negligence claim and possible punitive damages.



Fla. lawyer to plead guilty in $1 bln Ponzi case
Court Watch | 2010/01/06 09:51
Accused Florida Ponzi mastermind Scott Rothstein has decided to plead guilty to charges he ran an investment scheme that bilked clients out of more than $1 billion, authorities said on Wednesday.

Marc Nurik, an attorney for Rothstein, announced the jailed and disbarred lawyer intends to plead guilty during a brief morning appearance with his client in federal court in Fort Lauderdale, Florida.

A Jan. 27 date was set for a formal hearing when Rothstein, who faces up to 100 years in prison if convicted on all counts, will change his initial plea of not guilty to racketeering and fraud conspiracy charges.

Rothstein, who fled to Morocco in late October but returned to Florida in early November, has been held without bond since he surrendered to the FBI last month.


Truckers Seek Summary Judgment in Clean-Truck Case
Court Watch | 2010/01/06 04:48

The American Trucking Associations filed its final response brief with the U.S. District Court in Los Angeles seeking a summary judgment in its challenge to certain aspects of the Port of Los Angeles clean-truck concession requirements.

ATA charges that certain aspects of the port’s concession requirements violate the federal pre-emption provision that bars state and local entities from regulating motor carrier rates, routes and services.

The Port of Los Angeles is attempting to use its concession requirements to revoke a motor carrier’s authority to provide drayage service in the harbor, ATA stated. ATA also noted that the neighboring Port of Long Beach resolved this issue by replacing its clean-truck plan’s concession requirements with a registration agreement.

The U.S. District Court is scheduled to hear the ATA motion and the port’s cross motion for summary judgment on Jan. 11, with a decision expected shortly thereafter. A trial is scheduled for mid-March.



Polanski sex case back in court
Court Watch | 2010/01/05 02:01

Roman Polanski will be returning to the courtroom for an overdue hearing for his criminal case later this week. The case could be resolved quickly, the appeals court has suggested, if Roman’s attorneys agree to sentencing in absentia — without Roman physically in court — or Roman drops his opposition to being extradited to the United States. Superior Court spokesman Allan Parachini said Judge Peter Espinoza will hold a hearing for Roman’s case on Wednesday, the Associated Press reports.

Roman is currently under house arrest at his Swiss chalet after he was arrested in late September on a fugitive warrant.

He was accused of raping a 13-year-old girl during a 1977 modeling shoot and was indicted on six felony counts and pleaded guilty to the lesser charge of unlawful sexual intercourse. Roman fled to France the day before his sentencing in 1978 after spending 42 days in a California prison for psychiatric evaluation.



Supreme Court to weigh NFL and antitrust laws
Court Watch | 2010/01/04 07:47

The NFL players, like football fans everywhere, will be focused on the playoffs this month and the fierce competition for a spot in the Super Bowl. Their lawyers, however, will be keeping an eye on the Supreme Court.

On Jan. 13, the pro football owners will be asking the high court to rule for the first time that the NFL is shielded from antitrust laws because, while its teams compete on the playing field, they function in business as a "single entity."

If the justices were to agree, the ramifications could be significant, not just for football but all pro sports leagues, say experts in sports law. Freed from the antitrust laws, owners could get together to restrict salaries for players and coaches and raise prices for everything from tickets to stocking caps.

"For the NFL, this case is like buying a lottery ticket. If they win, it's a huge victory, with the potential to be incredibly significant," said Gabe Feldman, who teaches sports law at Tulane University. "If not, they don't lose much."

Sports leagues have long confounded antitrust law because they involve both competition and collaboration. The National Football League is made up of 32 independently owned teams that not only compete on the field, but also compete off the field for players, coaches and the loyalty of fans.



CA grocer free after guilty plea on minor count
Court Watch | 2009/12/30 10:33

The founder of a Southern California grocery chain who was once convicted on racketeering and other felonies is free after pleading guilty to a lesser count.

George Torres admitted Monday to one count of failing to collect payroll taxes from employees at his Numero Uno markets. He received credit for time served while awaiting prosecution and faces no further jail time.

Torres faced as much as life in prison in April after a federal jury found him guilty of 55 counts, including charges that he ordered the killing of rivals and bribed public officials.

A judge later threw out the most serious charges after prosecutors discovered evidence that may have exonerated him.

Torres' attorney says he's grateful for the court's work that led to his client's freedom.



Maverick Tube Corp. Wins $6.5 Million Case
Court Watch | 2009/12/29 11:18

Attorneys Alan S. Breckenridge and Jennifer A. Bierman of Gallop, Johnson & Neuman L.C. served as co-counsel in a successful legal action that will benefit client Maverick Tube Corporation by more than $6.5 million.

The U.S. Court of Appeals for the Fifth Circuit ruled in favor of Maverick Tube on December 10, 2009 by overturning the district court rulings in favor of Westchester Surplus Lines Insurance Company. District courts in both Texas and Missouri had heard the case arising from Westchester's refusal to provide insurance coverage to Maverick Tube for claims of property damage and breach of warranty with respect to oil well piping that Maverick had sold to a customer.  

“This case has a long history, including a lawsuit filed by Westchester in Texas and a lawsuit filed by Maverick Tube here in Missouri."  Breckenridge said. “We are very pleased that the U.S. Court of Appeals for the Fifth Circuit understood our arguments, based on Missouri law, and reversed the lower courts’ rulings and remanded the case to the district court for a determination of damages, which we expect will be at least $6.5 million for Maverick Tube,” Breckenridge added. 

Breckenridge chairs the Insurance Practice Group at Gallop, Johnson & Neuman, and is past chair of the Litigation Department. Bierman is a litigator who concentrates her practice in insurance and risk management. Gallop, Johnson & Neuman served as co-counsel with Baker Botts, LLP after the lawsuits were consolidated in Houston, Texas.  

Gallop, Johnson & Neuman, L.C., a full service law firm of 80 attorneys, has provided legal services to clients in diverse industries since its founding in 1976 and is one of the largest law firms in St. Louis. The firm serves public corporations; privately-held companies; entrepreneurs and start-up enterprises; individuals and families; trustees and trust beneficiaries; charities; and non-profit entities.  

For more information, contact Lois A. LaDriere, Director of Marketing, at 314.615.6000 or see the website www.gjn.com.

Media relations contact: Jeff Dunlap at 314.993.6925.



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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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