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Ga.'s system to defend the poor still reeling
Law Center | 2010/03/11 08:32
Georgia's public defender system is still trying to recover its financial footing five years after a courthouse gunman racked up a $3 million taxpayer-funded defense tab on the way to his conviction.

The state's ailing system to defend the poor has struggled almost since its start in 2005, hamstrung not just by the costly Brian Nichols case but also because of the lukewarm support from legislators and a dismal economy.

The state now can't afford to pay to defend the accused in several capital punishment cases, leaving them waiting in jail for years before their trials start. Some, like Khan Dinh Phan, have appealed to the Georgia Supreme Court for help. They have asked that their cases be dismissed because the delays violated their right to a speedy trial.

Georgia has faced similar problems before. State legislators created the public defender system precisely because individual counties struggled to provide adequate legal defense for the poor. But prosecutors and defense attorneys say it may take drastic measures to recover from the Nichols' case, one of the statewide system's first high-profile tests.

Prosecutors said Nichols' defense should have cost about $500,000. But expenses ballooned with expert witnesses and attorneys fees. Nichols was spared death and sentenced to life in December 2008 for killing of a judge, a court reporter, a sheriff's deputy and a federal agent during the rampage.



Pratt & Whitney to move quickly on court appeal
Law Center | 2010/03/10 09:37
Pratt & Whitney said Tuesday a federal appeals court granted the jet engine maker's request for an expedited appeal of a lawsuit it lost as it tries to move 1,000 jobs out of Connecticut.

The subsidiary of United Technologies Corp. filed five proposed issues in its appeal to the 2nd U.S. Circuit Court of Appeals of a Feb. 5 decision halting its plans to move engine repair jobs to Columbus, Ga., Japan and Singapore.

U.S. District Court Judge Janet C. Hall in Bridgeport ruled in favor of the Machinists union, which sued Pratt & Whitney to halt efforts to shift the jobs. The union said the company violated its contract with the union that requires it to make every effort to preserve jobs in Connecticut.

Among the issues Pratt & Whitney said it may raise is its contention that Hall was wrong in how she interpreted the definition of "every reasonable effort" to preserve jobs. Pratt & Whitney said it is not required to save jobs if it results in lower profit.

The company also said Hall substituted her own judgment for Pratt & Whitney's business judgment in how it measures profit and financial performance.

In a request filed last week, Pratt & Whitney said a decision is needed soon to avoid financial harm because the company plans to shut two Connecticut plants immediately after its union contract expires in December.

The court said the two parties may file legal papers in April and May and an appeal may be heard as early as the week of May 31.

A lawyer for the union would not immediately comment. The union's chief negotiator did not immediately return a call seeking comment.



In DC, blacks were crucial to gay marriage debate
Law Center | 2010/03/02 08:54
Gay and lesbian couples will soon be able to marry in Washington, but the debate over same-sex marriage has sounded different here, with references to interracial marriage and Martin Luther King.

Over the past year, both sides have courted the support of Washington's black community, a majority of the city's 600,000 residents and one traditionally perceived as opposed to same-sex marriage.

"In D.C., outreach to African-Americans wasn't part of the campaign. It was the campaign," said Michael Crawford, the leader of a pro-same-sex union group, D.C. For Marriage.

Crawford, who is black, said other residents weren't ignored, but his group and others weighed the city's racial makeup in planning their message. That made the debate here different than in other places that have considered gay marriage — places like California, where about 7 percent of residents are black, or Maine, where 1 percent are. Voters in both states struck down gay marriage laws.

In Washington, gay couples are expected to be able to apply for marriage licenses beginning Wednesday — but opponents are still challenging it in court.



Oklahoma City hires private law firm for union talks
Law Center | 2010/02/24 10:41

Oklahoma City Council members hired a private law firm Tuesday to lead upcoming contract negotiations with the city’s police and firefighter unions.

The firm, McAfee and Taft, was hired in part because negotiations with the unions have gone poorly in recent years.

"It’s just broken,” Ward 4 Councilman Pete White said of recent negotiations with the public safety unions.

Two of the firm’s labor attorneys will be paid $225 an hour each to lead negotiations with the unions for the next fiscal year, according to a contract council members unanimously approved Tuesday.

City officials hope the arrangement helps improve a damaged relationship with the public safety unions.

"It’s just to put a new face on it,” White said. "The people that do the hardest jobs we have in this city are the police department and fire. For the relationship to be this acrimonious ... is not acceptable.”

City attorneys handled past negotiations and will assist with the upcoming negotiations.

The negotiations figure to be tense because the city will likely ask for concessions from its public safety unions in order to meet next year’s budget, which will be much smaller than this year’s.



Supreme Court won't hear Pimco market squeeze case
Law Center | 2010/02/22 09:40

The U.S. Supreme Court on Monday denied an appeal by Pacific Investment Management Co challenging class-action certification for a lawsuit alleging the world's largest bond fund manager tried to corner a market for U.S. Treasury note futures.

A U.S. appeals court in Chicago upheld a judge's ruling that certified as a class more than 1,000 investors who seek more than $600 million in damages.

Pimco, a Newport Beach, California-based unit of the German insurer Allianz SE appealed to the Supreme Court, but the justices turned down the appeal in a brief order without any comment.

The lawsuit accused Pimco of boosting its percentage stake in futures contracts on some 10-year Treasury notes to 42 percent from 12 percent over a two-week span in the spring of 2005. The relevant contracts traded on the Chicago Board of Trade.

In its appeal to the Supreme Court, Pimco argued that class-action status should not have been granted because some plaintiffs did not lose money and the class suffered from serious conflicts of interest that precluded certification.



US govt appeals court ban on cell-phone tracking
Law Center | 2010/02/16 08:49

The U.S. government argued on Friday that it should be allowed access to people's cell-phone records to help track suspected criminals.

A Justice Department attorney urged a federal appeals court in Philadelphia to overturn lower court rulings denying it the right to seek information from communications companies about the call activity of specific numbers that authorities believe are associated with criminal activity.

But civil rights lawyers argued that providing information such as dates, times and call duration, and which cell towers the calls used, would be an invasion of privacy and a violation of constitutional protections against unjustified arrest.



New legal issue: Payment for child porn victims
Law Center | 2010/02/08 08:51

It's been more than a decade since "Amy," as she's known in court papers, was first sexually abused by her uncle. The abuse ended long ago and he's in prison, but the pictures he made when she was 8 or 9 are among the most widely circulated child pornography images online.

Now the 20-year-old woman is taking aim at anyone who would view those images and asking for restitution in hundreds of criminal cases around the country.

Her requests and those filed by other victims of child pornography are forcing federal judges nationwide to grapple with tough legal questions: Is someone who possesses an abusive image responsible for the harm suffered by a particular child? And how much should that person have to pay?

"It is hard to describe what it feels like to know that at any moment, anywhere, someone is looking at pictures of me as a little girl being abused by my uncle and is getting some kind of sick enjoyment from it. It's like I am being abused over and over again," Amy wrote in court papers.



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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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