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Calif. Court Rules Against Car Seizures
Legal Business | 2007/07/27 06:10
A sharply divided state Supreme Court ruled that California cities can no longer seize vehicles whose drivers are arrested for allegedly buying drugs or soliciting prostitutes. The ruling Thursday overturns the laws of more than two dozen cities from Oakland to Los Angeles that allowed police to seize a vehicle immediately after its driver's arrest.

Even drivers suspected of buying a small amount of marijuana, a low-level crime punishable by a $100 fine, faced seizures in many of the cities with the ordinances.

The 4-3 ruling said only state law can mete out punishment for drug and prostitution offenses and without authorization from the Legislature, cities can't pass seizure ordinances that are harsher than state and federal laws.

Many urban city councils said they enacted the seizure laws as a way to combat drug sales and prostitution and clean up some of their most blighted neighborhoods.

The ruling didn't address newer city laws that allow police to seize cars allegedly participating in illegal street races and "sideshows."



Law firm urges fire victims to sue agency
Legal Business | 2007/07/26 11:33
A California law firm is running television ads in the Reno-Lake Tahoe area seeking potential plaintiffs who want to file lawsuits over the loss of their homes in a big wildfire last month. The ad tells viewers that if they lost a home on a lot with pine needles, shrubs or trees, they might be entitled to compensation. The fire destroyed 254 homes and 75 other structures in late June near the city of South Lake Tahoe. Fliers posted on trees in the burned area also urge residents to mount a lawsuit against the Tahoe Regional Planning Agency, which enforces environmental regulations in the Lake Tahoe Basin.

Some Tahoe residents have blamed the agency for the fire, saying the agency's regulations aimed at preserving the clarity of the lake made it difficult to clear pine needles, trim brush and cut trees around properties to create defensible space.

In the subdivision damaged in the Angora fire, an assessment found that 19 percent to 34 percent of the homes had created defensible space.

Larry Parker, the personal injury lawyer cited in the television ads, did not return a telephone call by the Associated Press to his Long Beach office Tuesday seeking comment.

The Reno Gazette-Journal reported that the firm sent the newspaper an e-mail Monday that said the firm "has represented over 100,000 injury victims during the past 30 years and recovered over $750,000,000 for its clients."

Tahoe Regional Planning Agency officials said they've seen the ads and the fliers but haven't received any notification of legal action. The agency says it relaxed tree-cutting policies in recent years and can't be blamed for the blaze.

"We've tried to convey clearly that most defensible-space work is possible under existing rules," said Julie Regan, agency spokeswoman.

"If you look at the work that's been done in Incline Village, it's been done under the same rules as the South Shore," she told the newspaper.

"It's unfortunate that some businesses and attorneys are trying to take advantage of this community by using scare tactics."

Agency regulations say: "Leave the 'duff' layer of pine needles in your yard -- do not rake them all up. The 'duff' layer is the dark area at the ground level where the pine needles are decomposing. This matter does not burn easily."

Other residents said they didn't want agency inspectors on their property because they fear they will be cited for violations of the agency's erosion-control measures.

That fear creates a "paralysis" among homeowners who want to make changes on their property, residents and fire experts said last month.

Agency officials say the regulations weren't responsible for the blaze but are open to changes.

"We have been open to amending policies and ordinances in an effort to better address fire safety at Lake Tahoe," John Singlaub, the agency's executive director, said. "Following the Angora fire, a robust community debate is in order to help prevent such a catastrophic event from occurring in the future."



Law firm urges fire victims to sue agency
Legal Business | 2007/07/25 08:01
A California law firm is running television ads in the Reno-Lake Tahoe area seeking potential plaintiffs who want to file lawsuits over the loss of their homes in a big wildfire last month. The ad tells viewers that if they lost a home on a lot with pine needles, shrubs or trees, they might be entitled to compensation. The fire destroyed 254 homes and 75 other structures in late June near the city of South Lake Tahoe.

Fliers posted on trees in the burned area also urge residents to mount a lawsuit against the Tahoe Regional Planning Agency, which enforces environmental regulations in the Lake Tahoe Basin.

Some Tahoe residents have blamed the agency for the fire, saying the agency's regulations aimed at preserving the clarity of the lake made it difficult to clear pine needles, trim brush and cut trees around properties to create defensible space.

In the subdivision damaged in the Angora fire, an assessment found that 19 percent to 34 percent of the homes had created defensible space.

Larry Parker, the personal injury lawyer cited in the television ads, did not return a telephone call by the Associated Press to his Long Beach office Tuesday seeking comment.

The Reno Gazette-Journal reported that the firm sent the newspaper an e-mail Monday that said the firm "has represented over 100,000 injury victims during the past 30 years and recovered over $750,000,000 for its clients."

Tahoe Regional Planning Agency officials said they've seen the ads and the fliers but haven't received any notification of legal action. The agency says it relaxed tree-cutting policies in recent years and can't be blamed for the blaze.

"We've tried to convey clearly that most defensible-space work is possible under existing rules," said Julie Regan, agency spokeswoman.

"If you look at the work that's been done in Incline Village, it's been done under the same rules as the South Shore," she told the newspaper.

"It's unfortunate that some businesses and attorneys are trying to take advantage of this community by using scare tactics."

Agency regulations say: "Leave the 'duff' layer of pine needles in your yard -- do not rake them all up. The 'duff' layer is the dark area at the ground level where the pine needles are decomposing. This matter does not burn easily."

Other residents said they didn't want agency inspectors on their property because they fear they will be cited for violations of the agency's erosion-control measures.

That fear creates a "paralysis" among homeowners who want to make changes on their property, residents and fire experts said last month.

Agency officials say the regulations weren't responsible for the blaze but are open to changes.

"We have been open to amending policies and ordinances in an effort to better address fire safety at Lake Tahoe," John Singlaub, the agency's executive director, said. "Following the Angora fire, a robust community debate is in order to help prevent such a catastrophic event from occurring in the future."



Bromwell pleads guilty in corruption case
Legal Business | 2007/07/24 06:47
Once one of the leading Democrats in the General Assembly, former state Sen. Thomas L. Bromwell Sr. pleaded guilty this morning to accepting bribes from a Baltimore construction company executive in return for the ex-politician's help in winning contracts. Federal prosecutors charged Bromwell, who represented Baltimore County for more than two decades, and his wife, Mary Patricia, in October 2005 with using his political power to help Baltimore-based Poole and Kent in exchange for more than $200,000 in cash, bogus salary and discounted home-improvement materials.

As part of the plea deal his lawyer negotiated with prosecutors, Bromwell, 58, admitted assisting Poole and Kent and its president, W. David Stoffregen, win a multimillion-dollar contract over a competitor with a lower bid for work at the University of Maryland Medical System's Weinberg Building in Baltimore.

Mary Patricia Bromwell, 44, signed a separate plea agreement to a single fraud count for accepting an $80,000-a-year salary for a no-show job from a contractor controlled by Poole and Kent.

If U.S. District Judge J. Frederick Motz follows recommended guidelines, Bromwell will receive a prison term of 6 1/2 years to about eight years for a guilty plea to racketeering conspiracy and tax evasion. His wife could receive up to 2 1/2 years in prison, but her attorneys are more likely to argue for some combination of home detention and probation permitted under the guidelines.

The plea agreement is the climax so far of the largest public corruption investigation in recent Maryland history. Seven other defendants in the case earlier pleaded guilty.

The agreement holds the former senator at least partly responsible for $2.1 million in illegal profits and kickbacks from the scheme with Stoffregen, attorneys said.

In the end, defense lawyers said, the Bromwells agreed to hand over the house where Poole and Kent did construction work valued at more than $85,000. The labor and materials were provided by Stoffregen free or at a reduced cost, according to his guilty-plea agreement.

Bromwell began his political career as a state delegate at age 28. He eventually became chairman of the Senate Finance Committee and one of the state's most powerful politicians. He even kept a large measure of his political clout after he tried, but failed, to overthrow his one-time ally, Senate President Thomas V. Mike Miller.

Resigning from public office in May 2002, Bromwell accepted a top post with the Injured Workers' Insurance Fund, a quasi-public agency that is Maryland's largest insurance fund for injured employees.


Judge criticizes fees in Sears case
Legal Business | 2007/07/23 10:57

A North Carolina judge has harshly criticized the settlement of a class-action lawsuit in which a Wilmington lawyer and colleagues received $950,000 in fees while consumers who Sears overcharged across the country were reimbursed a total of $2,402. Superior Court Judge Ben Tennille decried the excessive fees and the lack of effort made to reach customers who had paid too much for wheel alignments at Sears automotive centers. Tennille, who specializes in complex business cases, criticized Sears and the lawyers for trying to hide the settlement results from him.

"Their efforts to keep the results secret are understandable," Tennille wrote in his May decision. "The shocking incongruity between class benefit and the fees ... leave the appearance of collusion and cannot help but to tarnish the public perception of the legal profession."

Sears is appealing Tennille's decision and declined to discuss the case.

Gary Shipman, a Wilmington lawyer who led the class action lawsuit, attacked Tennille's order as wrong on the law and filled with factual errors. Shipman complained that Tennille issued his ruling out of the blue, two years after the last hearing in the case. And Shipman said the judge did not have jurisdiction and therefore did not have the power to make decisions in the case.

"Do you think Judge Tennille's word is the Gospel?" Shipman asked. "There is so much in that order that is wrong."

But a top consumer advocate said Tennille's objections had merit.

"Good for the judge," said Ira Rheingold, the executive director of the National Association of Consumer Advocates, which advises and lobbies for lawyers who bring class action lawsuits.

"Cases like this make it look like a get-rich scheme for attorneys," Rheingold said. "The attorneys collect all the fees, and the consumers get no benefits."

Inflated charges

In 2002, Shipman filed one lawsuit in Wilmington and another lawsuit in Chicago, where Sears has its headquarters.

The lawsuits alleged that Sears charged clients for pricier four-wheel alignments on cars which can only be serviced with less expensive two-wheel alignments. Although the inflated charge is a few dollars for each customer, Sears stood to make millions of dollars from the alleged scheme, given the retail giant's nationwide presence.

Shipman said his lawsuit was inspired by one filed in New Jersey. In that case, the New Jersey attorney general combed through Sears records and identified 12,544 New Jersey residents who had paid too much for alignments. Sears agreed to give $10 cash to each person and to give $500,000 to the Attorney General's Office for consumer protection and expenses.

No notices posted

Tennille criticized the method Shipman used to locate the estimated 1.5 million customers who had been overcharged. Tennille faulted Shipman and his fellow lawyers for not insisting that Sears post notices and place claim forms on the counters of Sears' 843 automotive centers around the country. Sears' billing records were not used, nor were lists of Sears credit card holders.

Rather, Sears advertised in newspapers, which courts have recognized as the least effective way of finding class members -- "an essentially futile gesture," the judge wrote. Sears put notices in newspapers in 25 of the country's largest wheel alignment markets and in Parade magazine and USA Weekend, which are inserted in weekend newspapers across the country.

The newspaper notice produced 317 valid claims nationwide.

"Doing the math in this case is easy," the judge wrote. "For each class member who received a $10 check or $4 coupon, plaintiffs' counsel received just shy of $3,000."

According to Shipman, an expert witness estimated that the newspaper advertisements reached 79.24 percent of the claimants in Sears' top 25 markets for alignment sales.

"We certainly believed more people would take advantage of a 100 percent refund," he said. "We don't know if they found out about it. Many times people just don't want to fill out a claim form."

Defending the fees

Shipman said the legal fees were not excessive because they were based on how much time he and his colleagues from six other law firms had spent on the case.

"Sears had paid their attorneys more than what we had been paid," Shipman said.

Shipman said he never hid results from Tennille. He said that the judge in the Chicago lawsuit had jurisdiction in the case and that Tennille had no authority to issue orders. Shipman said he would have given an accounting of the lawsuit had Tennille asked, and did supply the figures in May 2005.

Though Tennille's order was strongly worded, the judge conceded he cannot undo the settlement approved by the Illinois court in 2005.

Shipman and his fellow lawyers have "been more than adequately compensated by the Illinois court," Tennille wrote. "There is nothing this court can do about that."



EMU's law firm bill to total almost $450,000
Legal Business | 2007/07/21 05:59

The total bill for an independent investigation into a campus cover-up of a student's murder at Eastern Michigan University is nearly $450,000, the lead investigator confirmed Thursday. The financial fallout of the botched handling of information in the dorm room rape and slaying of 22-year-old Laura Dickinson could hit nearly $1.5 million when the costs of the independent probe, severance agreements and anticipated federal fines are totaled.

EMU officials have not said how the those costs could affect the university's budget. But Regent Jim Stapleton said Thursday that the cost of the law firm's report was justified.

"I really don't know how you can put a pricetag on the safety of students," Stapleton said. "The report has shown where we need to improve and how we can go about the business of making our campus safer."

The Board of Regents commissioned the Butzel Long law firm to investigate what occurred in the wake of student Laura Dickinson's death last December. In a nearly 600-page report, Butzel Long laid blame on several administrators for failing to warn the public about the suspicious nature of Dickinson's death, despite significant evidence that pointed to homicide.

That report, and a U.S. Department of Education investigation, led to the firing this week of EMU President John Fallon and the forced retirements of Vice President for Student Affairs Jim Vick and Public Safety Director Cindy Hall. EMU has agreed to pay out about $542,000 in severance and contract agreements with Fallon, Vick and Hall.

The Department of Education cited EMU for seven Clery Act violations - which one expert said could lead to as much as $412,500 in fines - but a decision on the penalties isn't expected for nearly 60 days.

Rich Hewlett, a partner in Detroit-based Butzel Long, said the probe involved 1,831 total hours work, amounting to about $430,000 in attorney fees and $19,000 in administrative and clerical costs.

The law firm's report, released June 8, faulted EMU for a variety of systemic administrative failures - including lax reporting of crime statistics, inadequate disclosure of campus security policies and failure to update its daily crime log.
Despite the probe's findings, Butzel Long said it could not conclude that EMU officials were acting out a desire to protect the university's reputation.

The firm's team of four lawyers conducted 80 interviews and reviewed more than 1,000 pages of documents, Hewlett said.

Butzel Long investigators also worked on EMU's behalf during the Department of Education probe, Hewlett said.

Hewlett would not say if it was the largest probe the firm had done, but said the public nature of the case and the level of detail in the report were noteworthy.
Stapleton said EMU interviewed three law firms before selecting Butzel Long for the job.

Stapleton said the law firm will help EMU analyze new policies as they are developed, and will also review the university's response to the government's report, which is due by Aug. 3.



Blagojevich campaign fund pays $1.1 million to law firm
Legal Business | 2007/07/21 05:58
A Chicago law firm has received more than $1.1 million in legal fees from Governor Rod Blagojevich's (bluh-GOY'-uh-vitchz) campaign fund since 2006.

So far this year, the governor's campaign has paid Winston and Strawn more than $163,000.

The campaign reported raising 374,000 & $352 in the first six months of this year, while spending $767,000 & $551. That left 283,000 & $782 in cash.

Blagojevich campaign spokesman Doug Scofield declined to release details about the legal work performed by Winston and Strawn but said the campaign uses the firm for all its legal work.

The campaign has paid legal fees to Winston and Strawn since 2003.

The amounts increased significantly after a federal investigation was launched into administration hiring practices.



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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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