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NY AG Sues 35 Law Firms Over Collections
Headline News |
2009/07/24 16:03
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The Business Review reports that the Attorney General’s office has filed a lawsuit against 35 law firms and two debt collectors as the latest stage in an ongoing process of legal action. The lawsuit alleges that the firms did not properly notify people that they were defendants in a lawsuit. As a result, the complaint states, they were unable to appear in court on their own behalf, and the cases often resulted in default judgments against those identified as debtors. According to the suit, the listed firms and debt collectors hired a process server, American Legal Process, to provide notification to defendants. However, the lawsuit alleges that the server failed to do so — a tactic known as “sewer service.” Instead of serving the defendants, the complaint claims American Legal Process (ALP) falsified documents, certifying that the people had been notified. “ALP’s scheme undermined the foundation of this (legal) system and denied thousands of individuals their day in court,” New York Attorney General Andrew Cuomo said. The lawsuit is an attempt to throw out the default judgments made when defendants failed to show up in court, and to return the money lost by those defendants, Cuomo said. |
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Huge Corruption Sweep In New Jersey
Headline News |
2009/07/23 17:23
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According to Courthouse News, the mayors of Hoboken and Secaucus were arrested today, along with a state assemblyman and dozens of others in an FBI investigation of political corruption. Those arrested included the commissioner of the state's Department of Community Affairs and several rabbis, according to wire reports.
The US Attorney's Office in Newark said it would elucidate things at an afternoon press conference. Among those arrested, according to The New York Times, were Joseph Doria Jr.,commissioner of the New Jersey Department of Community Affairs and a former mayor of Bayonne; Hoboken Mayor Peter Cammarano III; Secaucus Mayor Dennis Elwell; Assemblyman Dan Van Pelt of Forked River; and rabbis from Deal and Elberon, N.J., and Brooklyn.
The investigation involves the Deal Yeshiva, a religious school, according to the Asbury Park Press. |
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NY, NJ Immigration Raids Violated Rights
Headline News |
2009/07/22 16:03
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The Associated Press is reporting that immigration agents raiding homes for suspected illegal immigrants violated the US Constitution by entering without proper consent and may have used racial profiling, a report analyzing arrest records found.
In the report, released Wednesday by the Immigration Justice Clinic at Yeshiva University's Benjamin N. Cardozo School of Law, said that since ICE agents use administrative warrants - instead of judicial warrants, which give law enforcement unfettered access - they must have a resident's consent to enter a home or else violate the constitutional right to protection against unreasonable searches.
On Long Island, 86 percent of arrest records from 100 raids between January 2006 and April 2008 showed no record of consent being given,the report found. In northern and central New Jersey, no record of consent being given was found for 24 percent of about 600 arrests in 2006 and 2007, it found.
In a statement, ICE said its agents uphold the country's laws. "We do so professionally, humanely and with an acute awareness regarding the impact enforcement has on the individuals we encounter," it said. |
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Enemies Unite Against Software Regulation
Headline News |
2009/07/21 16:58
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According to The Recorder, Microsoft and Linex have put their differences aside to come together against new rules against software contracts announced by The American Law Institute.
One of the most controversial parts of those rules is one stating that companies must guarantee consumers that there are no hidden flaws in their product. Some lawyers are saying this could lead to liability issues because most software is inherently flawed.
"It creates an unrealistic standard and a lot of litigation," said Mark Radcliffe, a DLA piper lawyer who's worked to oppose the rules proposed in mid-May. "Any project that has Microsoftand Linux on the same side, you know there's something wrong."
The Principles of Law of Software Contracts, as they are called, are not law, but do serve to guide judges who often cite them in decisions. |
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Anti-separatist Laws Promoted In China
Headline News |
2009/07/20 18:17
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The Associated Press is reporting that in response to China's worst unrest in months the country is promoting anti-separatist laws.
The chairman of the Standing Committee of the Xinjiang Regional People's Congress has blamed the July 5 riots on extremism, terrorism and separatism. Police allege women dressed in head scarves and long, black Islamic robes were instigators.
Nearly 200 people died in the riots in the western area of Xinjiang that were started because of increasing friction between Han Chinese and Muslim Uighurs. Uighurs have complained of restrictions on their religion, language and culture. Han Chinese want the Uighurs to be happy with Xinjiang's quick economic development. |
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Environment Groups Sue To Protect MT Monument
Headline News |
2009/07/17 16:25
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According to Courthouse News, four environmental groups have sued the Bureau of Land Management in Federal Court.
Friends of the Missouri Breaks Monument, The Wilderness Society and two others say a federal management plan for the Upper Missouri River Breaks National Monument permits recreation that will "destroy and degrade" the "solitude and splendor" of the monument.
The 377,000-acre site that includes 149 miles of the Upper Missouri River was declared a national landmark by President Bill Clinton in 2001. It has gone largely unchanged since 1805, when Lewis and Clark explored the monument. Habitat such as elk, prairie dogs and fish call it home.
The complaint states that two major issues are the bureau's approval of six airstrips that were never subject to official review and 43 oil and gas leases on the monument are set to remain open. The plan also sets no limits to where recreational boating can occur.
The environmental groups, represented by James Angell with Earthjustice, ask the court to set aside the 2008resource management plan and close primitive roads in the monument. |
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Goldman Sachs Backs Off Blogger
Legal News |
2009/07/16 18:17
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In an article for The American Lawyer, Brian Baxter reports that investment bank firm Goldman Sachs has cooled off on legal battles with Florida-based blogger Mike Morgan. The company quietly agreed to stipulations with Morgan last month.
Morgan agreed to a disclaimer on his page denying any affiliation with Goldman. In return, they will not interfere with his use of the name on the site.
A recent Rolling Stone article by Matt Taibbi has brought more attention to the controversial issues Morgan discusses on the website. In the article Taibbi calls the firm a "vampire squid wrapped around the face of humanity."
Goldman Sachs has responded by saying the article is full of conspiracy theories and, "We reject the assertion that we are inflators of bubbles and profiteers in busts, and we are painfully conscious of the importance of being a force of good."
The firm recently reported $3.4 billion in second quarter profits, exceeding all expectations. |
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