The Supreme Court appeared divided Monday in two cases in which businesses are trying to make it harder for customers or investors to band together to sue them.
The justices heard arguments in appeals from biotech company Amgen Inc. and cable provider Comcast Corp. that seek to shut down class-action lawsuits against the businesses.
Amgen is fighting securities fraud claims that misstatements about two of its drugs used to treat anemia artificially inflated its stock price. Comcast is facing a lawsuit from customers who say the company's monopoly in parts of the Philadelphia area allowed it to raise prices unfairly.
Last year, the Supreme Court raised the bar for some class-action suits when it sided with Wal-Mart against up to 1.6 million of its female employees who complained of sex discrimination. In the Wal-Mart case, the court said there were too many women in too many jobs at the nation's largest private employer to wrap into one lawsuit.
Class actions increase pressure on businesses to settle suits because of the cost of defending them and the potential for very large judgments.
Connecticut pension funds that sued Amgen said lower courts correctly ruled that the case could move forward as a class action. The issue at the Supreme Court is whether the pension funds have to show at an early stage of the lawsuit that Amgen's claims about the safety and effectiveness of the drugs Aranesp and Epogen affected the stock price.
Several justices indicated they had no problem with the idea that, unlike in the Wal-Mart case, all the Amgen investors were in the same boat and could clear an early hurdle that tripped up the Wal-Mart employees.
Thursday, November 8, 2012
Tuesday, August 7, 2012
New DC drunken driving law to take effect
A new law that toughens penalties for drunken driving in the nation's capital takes effect Wednesday, but the city's police department still is not using breath tests on suspected drunken drivers more than a year after the tests were suspended.
The new law, which was approved by the D.C. Council and signed by Mayor Vincent Gray earlier this summer. It doubles mandatory minimum jail terms for people with blood-alcohol concentrations of .20 percent or higher and establishes a blood-alcohol limit of .04 percent for commercial drivers, including taxi drivers.
The law also establishes new oversight for the district's breath-testing program. But there's still no timetable to the resumption of breath tests, which D.C. police stopped using in February 2011 in the wake of revelations that their breath-testing devices had produced inaccurate results. Police have been using urine and blood tests instead.
A year earlier, District of Columbia officials had notified defense lawyers about nearly 400 drunken-driving convictions that relied, at least party, on inaccurately calibrated blood-alcohol tests.
More than two dozen people sued the district over convictions based on those flawed tests, and the district Attorney General's office said Tuesday that all the outstanding lawsuits had been settled. The district paid a total of $136,000 to 17 plaintiffs, with individuals receiving between $2,000 and $42,000, said Jeffrey Rhodes, a lawyer for the plaintiffs.
The new law, which was approved by the D.C. Council and signed by Mayor Vincent Gray earlier this summer. It doubles mandatory minimum jail terms for people with blood-alcohol concentrations of .20 percent or higher and establishes a blood-alcohol limit of .04 percent for commercial drivers, including taxi drivers.
The law also establishes new oversight for the district's breath-testing program. But there's still no timetable to the resumption of breath tests, which D.C. police stopped using in February 2011 in the wake of revelations that their breath-testing devices had produced inaccurate results. Police have been using urine and blood tests instead.
A year earlier, District of Columbia officials had notified defense lawyers about nearly 400 drunken-driving convictions that relied, at least party, on inaccurately calibrated blood-alcohol tests.
More than two dozen people sued the district over convictions based on those flawed tests, and the district Attorney General's office said Tuesday that all the outstanding lawsuits had been settled. The district paid a total of $136,000 to 17 plaintiffs, with individuals receiving between $2,000 and $42,000, said Jeffrey Rhodes, a lawyer for the plaintiffs.
Wednesday, June 13, 2012
Miss Universe pageant fights back on rigging claim
The Miss Universe Organization says a former contestant should be made to pay for her "defamatory" claims that this year's Miss USA pageant was a sham.
The New York-based organization made a filing with a dispute resolution company over the former Miss Pennsylvania USA's assertion that another contestant spotted the list of finalists on a planning sheet hours before the event was even held Sunday, its lawyer Scott Balber said Friday.
A statement from the organization said it was seeking compensation for her "ongoing defamatory statements," but Balber wouldn't say how much money the Miss Universe Organization was seeking.
The pageant also released a statement from Miss Florida USA — the contestant Sheena Monnin claims saw the list — in which she disputes Miss Pennsylvania's version of the events that prompted her to step down.
Monnin gave up her crown Monday, claiming in a Facebook post that the pageant had been rigged, with the top five finishers selected before the show was broadcast Sunday night from Las Vegas. Pageant organizers immediately denied Monnin's allegation and claimed she had actually stepped down because she disagreed with the pageant's decision to allow transgender contestants.
The New York-based organization made a filing with a dispute resolution company over the former Miss Pennsylvania USA's assertion that another contestant spotted the list of finalists on a planning sheet hours before the event was even held Sunday, its lawyer Scott Balber said Friday.
A statement from the organization said it was seeking compensation for her "ongoing defamatory statements," but Balber wouldn't say how much money the Miss Universe Organization was seeking.
The pageant also released a statement from Miss Florida USA — the contestant Sheena Monnin claims saw the list — in which she disputes Miss Pennsylvania's version of the events that prompted her to step down.
Monnin gave up her crown Monday, claiming in a Facebook post that the pageant had been rigged, with the top five finishers selected before the show was broadcast Sunday night from Las Vegas. Pageant organizers immediately denied Monnin's allegation and claimed she had actually stepped down because she disagreed with the pageant's decision to allow transgender contestants.
Friday, May 25, 2012
Supreme Court ratings down in Pew poll
A new survey finds the Supreme Court's popularity is at a 25-year low, though still much higher than that of Congress.
The Pew Research Center says 52 percent of Americans have a favorable opinion of the court, the lowest rating since the group started asking Americans their view of the high court in 1987.
Even at 52 percent, the court ranks well ahead of Congress. In a January poll, just 23 percent of Americans said they view Congress favorably.
The court's highest rating was in July 1994, when 80 percent of Americans reported holding a favorable view of it.
The poll on the court was conducted April 4-15 among a random national sample of 1,514 adults and has a margin of sampling error of plus or minus 2.9 percentage points.
The Pew Research Center says 52 percent of Americans have a favorable opinion of the court, the lowest rating since the group started asking Americans their view of the high court in 1987.
Even at 52 percent, the court ranks well ahead of Congress. In a January poll, just 23 percent of Americans said they view Congress favorably.
The court's highest rating was in July 1994, when 80 percent of Americans reported holding a favorable view of it.
The poll on the court was conducted April 4-15 among a random national sample of 1,514 adults and has a margin of sampling error of plus or minus 2.9 percentage points.
Tuesday, April 10, 2012
San Francisco Chapter 7 Bankruptcy
The Law Offices of Dennis R. Wheeler
Chapter 7 Bankruptcy is more commonly known as "straight bankruptcy" or "liquidation bankruptcy". This type of bankruptcy is the most popular type of proceeding for individuals. The main concept behind this type of bankruptcy is that assigned trustee given by the bankruptcy court will sell all the person's belongings and use the proceeds to pay debts. However, in real practice, the individuals who are filing for a Chapter 7 Bankruptcy petition get to keep all their belongings due to the availability of exemptions that protect those belongings. To qualified for Chapter 7 Bankruptcy, the person must have received a credit counseling briefing before filing for bankruptcy by an approved agency.
What I've heard is that The Law Offices of Dennis R. Wheeler is committed to providing their client's with aggressive advocacy and knowledgeable support they need to get back on their feet. Their principal attorney Dennis Wheeler has expertise in both Chapter 7 & 13 Bankruptcy matters and his accomplishments are recognized by his satisfied customers. Based in San Francisco, he has covered client's around the counties throughout the Bay Area. Check them out!
Chapter 7 Bankruptcy is more commonly known as "straight bankruptcy" or "liquidation bankruptcy". This type of bankruptcy is the most popular type of proceeding for individuals. The main concept behind this type of bankruptcy is that assigned trustee given by the bankruptcy court will sell all the person's belongings and use the proceeds to pay debts. However, in real practice, the individuals who are filing for a Chapter 7 Bankruptcy petition get to keep all their belongings due to the availability of exemptions that protect those belongings. To qualified for Chapter 7 Bankruptcy, the person must have received a credit counseling briefing before filing for bankruptcy by an approved agency.
What I've heard is that The Law Offices of Dennis R. Wheeler is committed to providing their client's with aggressive advocacy and knowledgeable support they need to get back on their feet. Their principal attorney Dennis Wheeler has expertise in both Chapter 7 & 13 Bankruptcy matters and his accomplishments are recognized by his satisfied customers. Based in San Francisco, he has covered client's around the counties throughout the Bay Area. Check them out!
Tuesday, March 13, 2012
Supreme Court 101 in session at high court
George Mason University law student Matthew Long still has three months
of schoolwork before graduation, but this week he and two classmates had
a case before the Supreme Court.
The group of students is part of a new class dedicated to Supreme Court work at the Fairfax, Va., school. Nationwide, more than a half dozen law schools offer similar courses.
The students don't get to argue the cases. They aren't even lawyers yet. But students participating in the so-called Supreme Court clinics get to do everything else: research issues, draft briefs and consult with the lawyer actually presenting the case to the high court.
"We're all very much aware that you can go your entire legal career without ever being on a case before this court, and it's unbelievable that we'd have this experience as law students," Long, 26, said as he stood outside the Supreme Court after Monday's arguments in a case about a man in prison for murder in Colorado and time limits involved in his case.
Stanford University started the first Supreme Court clinic for students in 2004 and is still involved in the most cases. But schools with clinics now include Harvard University, Yale University, the University of Virginia and the University of Texas. In the past three years, clinics report that students have been involved in about 1 out of every 6 cases argued before the court. This week, students are participating in two of the court's cases.
The group of students is part of a new class dedicated to Supreme Court work at the Fairfax, Va., school. Nationwide, more than a half dozen law schools offer similar courses.
The students don't get to argue the cases. They aren't even lawyers yet. But students participating in the so-called Supreme Court clinics get to do everything else: research issues, draft briefs and consult with the lawyer actually presenting the case to the high court.
"We're all very much aware that you can go your entire legal career without ever being on a case before this court, and it's unbelievable that we'd have this experience as law students," Long, 26, said as he stood outside the Supreme Court after Monday's arguments in a case about a man in prison for murder in Colorado and time limits involved in his case.
Stanford University started the first Supreme Court clinic for students in 2004 and is still involved in the most cases. But schools with clinics now include Harvard University, Yale University, the University of Virginia and the University of Texas. In the past three years, clinics report that students have been involved in about 1 out of every 6 cases argued before the court. This week, students are participating in two of the court's cases.
Driver acquitted in deadly Megabus crash in NY
A bus driver was acquitted Tuesday of homicide charges in the deaths of
four passengers killed when his double-decker crashed into an overpass
in upstate New York.
A judge announced the verdict after a non-jury trial for 60-year-old John Tomaszewski of Yardville, N.J. Tomaszewski would have faced up to four years in state prison on each of four counts of criminally negligent homicide. He sat with his head bowed and showed no reaction as Onondaga County Court Judge Anthony Aloi read the verdict.
"It was a tragic accident and four people lost their lives," Tomaszewski said as he left court. "It's something I'll have to deal with the rest of my life."
There were 29 passengers on the Megabus when the top of the bus hit the railroad bridge in Salina, just outside Syracuse, early on the morning of Sept. 11, 2010.
Tomaszewski was driving from Philadelphia to Toronto with a planned stop at the Regional Transportation Center in Syracuse when he missed an exit from Interstate 81 and ended up on the parkway instead.
Assistant District Attorney Chris Bednarksi said during the trial that Tomaszewski was using a personal GPS device as he tried to find his way to the bus station and passed 13 low-bridge warning signs, some with flashing yellow lights, before the wreck.
A judge announced the verdict after a non-jury trial for 60-year-old John Tomaszewski of Yardville, N.J. Tomaszewski would have faced up to four years in state prison on each of four counts of criminally negligent homicide. He sat with his head bowed and showed no reaction as Onondaga County Court Judge Anthony Aloi read the verdict.
"It was a tragic accident and four people lost their lives," Tomaszewski said as he left court. "It's something I'll have to deal with the rest of my life."
There were 29 passengers on the Megabus when the top of the bus hit the railroad bridge in Salina, just outside Syracuse, early on the morning of Sept. 11, 2010.
Tomaszewski was driving from Philadelphia to Toronto with a planned stop at the Regional Transportation Center in Syracuse when he missed an exit from Interstate 81 and ended up on the parkway instead.
Assistant District Attorney Chris Bednarksi said during the trial that Tomaszewski was using a personal GPS device as he tried to find his way to the bus station and passed 13 low-bridge warning signs, some with flashing yellow lights, before the wreck.
Tuesday, March 6, 2012
French court rules genocide law unconstitutional
France's Constitutional Council ruled Tuesday that a French law concerning the mass killings of Armenians a century ago violates the country's constitution.
French President Nicolas Sarkozy, who had personally backed the law, immediately said he would ask the government to prepare a new bill taking into account the council's ruling.
The law passed by France's parliament in December makes it a crime to deny that the killings of some 1.5 million Armenians by Ottoman Turks in 1915 constituted genocide. The council ruled the law would violate freedom of expression and speech, which are guaranteed by the French constitution.
Turkey, which says there was no systematic campaign against Armenians, has strongly opposed the French law.
The head of a French Armenian organization, meanwhile, sharply criticized the ruling, saying it was the result of Turkish lobbying.
Relations between France and Turkey have suffered since the law's passage, with Turkey suspending its military and economic cooperation with France after the lower house approval of the measure in December. The French Senate gave the law the green light in late January.
French President Nicolas Sarkozy, who had personally backed the law, immediately said he would ask the government to prepare a new bill taking into account the council's ruling.
The law passed by France's parliament in December makes it a crime to deny that the killings of some 1.5 million Armenians by Ottoman Turks in 1915 constituted genocide. The council ruled the law would violate freedom of expression and speech, which are guaranteed by the French constitution.
Turkey, which says there was no systematic campaign against Armenians, has strongly opposed the French law.
The head of a French Armenian organization, meanwhile, sharply criticized the ruling, saying it was the result of Turkish lobbying.
Relations between France and Turkey have suffered since the law's passage, with Turkey suspending its military and economic cooperation with France after the lower house approval of the measure in December. The French Senate gave the law the green light in late January.
Sidley Austin LLP Expands Project Finance Practice
Sidley Austin LLP is pleased to announce that Timothy J. Moran will join the firm as a partner in the project finance practice in Washington, D.C. Mr. Moran's practice focuses on infrastructure project development and finance, where he represents lenders, project sponsors and developers in the development, financing, acquisition and sale of infrastructure projects located in North America, Central and South America, Europe, the Middle East and Africa. Mr. Moran's projects include alternative energy (wind, solar and biomass), coal and natural gas-fired facilities, natural gas storage facilities, LNG projects and natural gas pipelines.
"Tim's level of experience in project finance will be instrumental as we continue to expand the firm's ability to represent clients on what are certainly going to be important undertakings in the global economy," said Carter G. Phillips, Managing Partner of the Washington, D.C. office of Sidley, and a member of the firm's Management Committee. "He has a highly respected and very dynamic project finance practice that fits perfectly with the firm's significant expansion of its energy practice, as well as our enhancement of project finance capabilities. Tim's practice will be a wonderful complement to our newly established Houston office."
"Sidley provides an ideal opportunity for me to grow my practice on an international platform that is already successful but very well equipped for new opportunities," said Mr. Moran. "I look forward to working with the project finance team in Washington, New York, Houston and Los Angeles, as well as Sidley's highly regarded energy and environmental lawyers in Washington and Houston."
Mr. Moran represents lenders in construction and term financings and equity investors in private placements and tax-based equity investments. Mr. Moran is currently representing both developers and lenders in the structuring and financing of wind, solar and mid-stream oil and gas projects, to be located in the U.S., Latin America and Canada.
With respect to developers, Mr. Moran has represented both large and small sponsors in the development and financing of infrastructure projects throughout North America, Central America, South America, China and numerous countries in Europe and Africa. He has also represented developers in connection with bids on more than 90 major power facilities, acquisitions of individual and portfolios of power facilities, and of gas storage facilities and pipelines. Mr. Moran has also represented developers and lenders in asset sales, as well as whole and partial sales of interests in energy-related companies.
www.rubenstein.com
"Tim's level of experience in project finance will be instrumental as we continue to expand the firm's ability to represent clients on what are certainly going to be important undertakings in the global economy," said Carter G. Phillips, Managing Partner of the Washington, D.C. office of Sidley, and a member of the firm's Management Committee. "He has a highly respected and very dynamic project finance practice that fits perfectly with the firm's significant expansion of its energy practice, as well as our enhancement of project finance capabilities. Tim's practice will be a wonderful complement to our newly established Houston office."
"Sidley provides an ideal opportunity for me to grow my practice on an international platform that is already successful but very well equipped for new opportunities," said Mr. Moran. "I look forward to working with the project finance team in Washington, New York, Houston and Los Angeles, as well as Sidley's highly regarded energy and environmental lawyers in Washington and Houston."
Mr. Moran represents lenders in construction and term financings and equity investors in private placements and tax-based equity investments. Mr. Moran is currently representing both developers and lenders in the structuring and financing of wind, solar and mid-stream oil and gas projects, to be located in the U.S., Latin America and Canada.
With respect to developers, Mr. Moran has represented both large and small sponsors in the development and financing of infrastructure projects throughout North America, Central America, South America, China and numerous countries in Europe and Africa. He has also represented developers in connection with bids on more than 90 major power facilities, acquisitions of individual and portfolios of power facilities, and of gas storage facilities and pipelines. Mr. Moran has also represented developers and lenders in asset sales, as well as whole and partial sales of interests in energy-related companies.
www.rubenstein.com
House acts against high court on eminent domain
The House sought Tuesday to undercut a 2005 Supreme Court ruling that gives state and local governments eminent domain authority to seize private property for economic development projects.
Sponsors of the bill, which passed by a voice vote, said it was needed because the 5-4 high court ruling skewed constitutional intentions that eminent domain apply only to land for public use projects.
That ruling, said bill cosponsor Rep. James Sensenbrenner, R-Wis., justified "the government's taking of private property and giving it to a private business for use in the interest of creating a more lucrative tax base." As a result, he said, the "government's power of eminent domain has become almost limitless, providing citizens with few means to protect their property."
His legislation would withhold for two years all federal development aid to states or locales that take private property for economic development. It also bars the federal government from using eminent domain for economic development purposes and gives private property owners the right to take legal action if provisions of the legislation are violated.
Sponsors of the bill, which passed by a voice vote, said it was needed because the 5-4 high court ruling skewed constitutional intentions that eminent domain apply only to land for public use projects.
That ruling, said bill cosponsor Rep. James Sensenbrenner, R-Wis., justified "the government's taking of private property and giving it to a private business for use in the interest of creating a more lucrative tax base." As a result, he said, the "government's power of eminent domain has become almost limitless, providing citizens with few means to protect their property."
His legislation would withhold for two years all federal development aid to states or locales that take private property for economic development. It also bars the federal government from using eminent domain for economic development purposes and gives private property owners the right to take legal action if provisions of the legislation are violated.
Back Pay Award Reduced Based on Laches in Class Action
The Indiana Supreme Court recently decided what could prove to be a landmark decision on the doctrine of laches in Richmond State Hospital v. Brattain, Cause No. 49S02-1106-CV-327. If you are dealing with a case involving laches, this decision is a must read.
In this class action, employees who worked in "state institutions" claimed that the State had breached its contractual duty to provide equal pay for equal work by requiring that they work 40 hours per week for the same pay as employees in "state offices" who were only required to work 37.5 hours per week. The trial court found in favor of the employees and awarded 20 years of back pay, amounting to $42,422,788. The Court of Appeals reduced that award substantially by limiting back pay to a few months for merit employees but for non-merit employees, affirmed a recovery for 20 years of damages or about $18.7 million.
The Indiana Supreme Court granted transfer and then failed to reach a majority on numerous issues, dividing 2-2. Justice Sullivan did not participate, presumably because he served as State Budget Director during the period in dispute. As a result of the 2-2 split, the Supreme Court summarily affirmed the Court of Appeals on the merit employees' claims. As to the non-merit employees, the Supreme Court was able to reach a consensus, largely in favor of the State's laches defense.
In this class action, employees who worked in "state institutions" claimed that the State had breached its contractual duty to provide equal pay for equal work by requiring that they work 40 hours per week for the same pay as employees in "state offices" who were only required to work 37.5 hours per week. The trial court found in favor of the employees and awarded 20 years of back pay, amounting to $42,422,788. The Court of Appeals reduced that award substantially by limiting back pay to a few months for merit employees but for non-merit employees, affirmed a recovery for 20 years of damages or about $18.7 million.
The Indiana Supreme Court granted transfer and then failed to reach a majority on numerous issues, dividing 2-2. Justice Sullivan did not participate, presumably because he served as State Budget Director during the period in dispute. As a result of the 2-2 split, the Supreme Court summarily affirmed the Court of Appeals on the merit employees' claims. As to the non-merit employees, the Supreme Court was able to reach a consensus, largely in favor of the State's laches defense.
Sudan's defense minister sought by int'l court
The International Criminal Court issued an arrest warrant Thursday for Sudan's defense minister, the third senior regime official sought by the court for alleged involvement in atrocities in Darfur.
The court announced it wants Abdelrahim Mohamed Hussein arrested on a warrant containing seven counts of crimes against humanity and six war crimes including murder, persecution, rape and torture. The charges cover 41 different incidents, the court said.
Prosecutor Luis Moreno-Ocampo asked judges for the warrant in December, saying Hussein is among those who "bear greatest criminal responsibility" for atrocities in Sudan's Darfur region from August 2003 to March 2004.
Sudan does not recognize the court and refuses to hand over suspects including President Omar al-Bashir, who is accused of genocide in Darfur. His government denounced Moreno-Ocampo's request for an arrest warrant for Hussein in December.
At the time covered by the charges, Hussein was interior minister and the Sudan government's special representative in Darfur.
The court announced it wants Abdelrahim Mohamed Hussein arrested on a warrant containing seven counts of crimes against humanity and six war crimes including murder, persecution, rape and torture. The charges cover 41 different incidents, the court said.
Prosecutor Luis Moreno-Ocampo asked judges for the warrant in December, saying Hussein is among those who "bear greatest criminal responsibility" for atrocities in Sudan's Darfur region from August 2003 to March 2004.
Sudan does not recognize the court and refuses to hand over suspects including President Omar al-Bashir, who is accused of genocide in Darfur. His government denounced Moreno-Ocampo's request for an arrest warrant for Hussein in December.
At the time covered by the charges, Hussein was interior minister and the Sudan government's special representative in Darfur.
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