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Court unlikely to allow private prison to be sued
Legal News |
2011/11/02 15:45
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The Supreme Court seemed unlikely on Tuesday to allow employees at a privately run federal prison to be sued by an inmate in federal court, despite his complaint that their neglect left him with two permanently damaged arms.
Justices heard appeals from lawyers representing employees of the GEO Group, formerly known as Wackenhut Corrections Corp, who work at the privately run Taft Correctional Institution in Taft, Calif. The 9th U.S. Circuit Court of Appeals had ruled inmate Richard Lee Pollard could sue GEO officials for his treatment after he fell and fractured both of his elbows.
Pollard said GEO officials put him in a metal restraint that caused him pain, and refused to provide him with a splint, making his injuries worse and causing permanent impairment. He sued in federal court for money, claiming GEO officials had violated the Eighth Amendment prohibition on cruel and unusual punishment.
The federal appeals court allowed his lawsuit against the GEO officials to move forward. Courts normally don't allow government employees to be sued in those types of lawsuits, but the high court has authorized some if constitutionally protected rights have been violated by the federal employee and there is no state court remedy. |
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Greenberg Traurig Receives 2 International M&A Advisor Awards
Legal News |
2011/10/17 17:09
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The international law firm Greenberg Traurig, LLP won two awards in the Major Transaction category for Corporate/Strategic Acquisition of the Year and for Financing Deal of the Year at The M&A Advisor 3rd Annual International M&A Awards. The awards were presented for Greenberg Traurig's role in the business combination of Liberty Acquisition Holdings Corp. and Promotora de Informaciones, a transaction that involved more than 100 firm attorneys. The firm was also a finalist for M&A Deal of the Year and Turnaround Deal of the Year in the Major Transaction category and for Media, Entertainment and Telecom in the Sector Transaction category.
Leading the Liberty deal team at Greenberg Traurig were, from the Fort Lauderdale office, shareholders Donn Beloff, Bruce March and Brian Gavsie, and associate Bernie Grondin; from the Miami office, shareholders Patricia Menendez-Cambó, Chair of the firm’s Global Practice Group, Randy Bullard, and Mark Lopez, and associate Enrique Conde; from the New York office, shareholders Alan Annex and Ken Gerasimovich; from the Tysons Corner office, shareholder Jason Simon; from the Chicago office, shareholder Peter Lieberman; and from the Wilmington office, shareholder Kelly Terribile. The winners were announced at the 3rd Annual International M&A Awards Gala on Tuesday, October 11, 2011, at The Cornell Club in New York City.
Comprised of more than 350 lawyers in more than 30 offices, Greenberg Traurig’s Corporate and Securities/M&A Practice provides advice and services to companies and entrepreneurs throughout the Americas, Europe and Asia. Greenberg Traurig’s practice groups and attorneys have been recognized as No. 1 in their respective geographic regions by The National Law Journal, Chambers & Partners, Corporate Board Member magazine, Latin Lawyer magazine and numerous regional and local professional publications.
Most recently, Greenberg Traurig ranked 5th among all law firms representing investment banks in U.S. mergers and acquisitions transactions, with 12 announced transactions, in the 2011 Six-Month Banker Representations listing published by Corporate Control Alert. Firms were ranked by the total number of deals having a value of $100 million or more during the period from January 1, 2011 to June 30, 2011. According to league table reports published by Bloomberg, mergermarket and Thomson Reuters, during the first half of 2011, Greenberg Traurig had 50 M&A deals announced globally, with a value of approximately $60 billion, up from 30 announced deals valued at approximately $16 billion in the first half of 2010. The firm's advance was propelled by its role in several high-profile transactions. Greenberg Traurig ranked in the top 15 law firms nationally and top 20 law firms globally in eight rankings in the reports, which highlight deal activity at top law firms across a broad array of deal types, regions, and industry sectors.
For additional information, please visit www.gtlaw.com. |
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Alberto Gonzales joins Nashville law firm
Legal News |
2011/10/06 16:39
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Former U.S. Attorney General Alberto Gonzales, the first Hispanic attorney general in U.S. history, has joined one of Nashville’s largest law firms and will play a role in mentoring younger lawyers.
Gonzales, 56, will focus on government relations, government investigations and white-collar defense for Waller Lansden Dortch & Davis LLP, the firm said Wednesday.
He also will be involved in the firm’s diversity initiatives, which include a mentoring program.
“It is a great honor for me to join Waller Lansden, a firm that I greatly admire,” Gonzales said in a statement. “Waller Lansden has a reputation for providing incisive legal representation while caring deeply for its clients. The firm’s breakthrough initiatives to encourage diversity in the workplace are admirable.”
Gonzales became the first Hispanic attorney general in U.S. history when President George W. Bush appointed him in 2005.
But he left the post in 2007 under a cloud of controversy stemming from allegations that, under his watch, the U.S. Justice Department improperly hired and fired several U.S. attorneys for political reasons. |
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Class Action Filed Against Former, Current A&P Execs
Legal News |
2011/09/19 15:54
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A class action has been filed in the U.S. District Court for the District of New Jersey on behalf of purchasers of the securities of the Great Atlantic & Pacific Tea Co. Inc. (A&P) for the period between July 23, 2009, and Dec. 10, 2010. The complaint, filed Sept. 9 by Robbins Geller Rudman & Dowd LLP, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, Philadelphia and Atlanta, claims that some former and current A&P executives violated the Securities Exchange Act of 1934. A&P itself wasn’t named as a defendant in the action because it filed for bankruptcy protection in December 2010.
Those named in the action are former Executive Chairman and CEO Christian Haub, former CEO and President Eric Claus, former CFO and Treasurer Brenda Galgano, Vice Chairman and Chief Strategy Officer Andreas Guldin, former CEO and President Ron Marshall, and current CEO and President Sam Martin.
The complaint alleges that during the period mentioned above, the defendants failed to disclose material adverse facts about the company’s true financial condition, business and prospects. Specifically, the class action alleges that the executives failed to reveal that A&P was facing increased low-cost competition from retailers such as Walmart and Target, which negatively affected its business and financial condition; that the Pathmark acquisition was a “complete disaster” for the company, as Pathmark’s operations were in far worse condition than had been represented to investors; that A&P wasn’t operating according to internal expectations and couldn’t achieve the guidance endorsed by the defendants; and that, as a result of these factors, the defendants lacked a reasonable basis for their positive statements about the company, its operations and prospects.
The class action seeks to recover damages on behalf of all purchasers of A&P securities during the period noted above. Those who are member of this class can view a copy of the complaint or join the class action online at www.rgrdlaw.com/cases/aandp |
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Ga. court upholds Open Meetings fines
Legal News |
2011/09/14 15:55
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Georgia's top court is requiring the city of Statesboro to pay the legal costs of residents who sued it for violating the state's Open Meetings Act.
The unanimous opinion released Monday upholds a Bulloch County judge's ruling that requires the city pay $4,250 in legal fees after it found the Statesboro mayor and city council met outside the Statesboro City Hall chambers to discuss the city's 2011 budget.
A group of residents sued the city, mayor and five council members and sought an injunction barring any more "secret" meetings, and the city appealed after a judge ruled against it in September 2010.
The opinion written by Justice Harold Melton says "the Open Records Act explicitly authorizes the assessment of attorney fees." |
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Wal-Mart Uses Class Action Against Netflix
Legal News |
2011/09/09 07:35
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Wal-Mart is using its failed class action lawsuit with Netflix to attract new users to its video streaming service, Vudu.
A federal court in California agreed late last week to allow Wal-Mart to pay $27.5 million to 40 million Netflix subscribers. The kicker? They can make the payment in the form of gift cards for Walmart.com. As a result, this also gives Wal-Mart access to Netflix's customer database.
The class action suit came in response to a dinner meeting in 2005, where the CEOs of Netflix and Wal-Mart allegedly agreed to share the DVD market. According to consumer advocates, under the pact, Wal-Mart agreed not to rent DVDs if Netflix promised not to sell them. Class action suits were filed against both companies in 2009, claiming that this agreement violated antitrust laws.
While Wal-Mart decided to settle the case, Netflix is still fighting the allegations, claiming the suit "has no merit."
Wal-Mart's settlement, which still has to be finalized in February 2012, comes as the discount giant is in the process of aggressively promoting its Vudu service, which it acquired in February 2010. At the same time, Netflix is in dire need of an image cleanup, following several unfriendly consumer moves, including a recent price hike and the falling out of its Liberty Starz deal. |
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Court upholds conviction in Iowa coach's death
Legal News |
2011/09/07 07:34
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An appeals court has upheld the first-degree murder conviction of a mentally ill man who shot his former football coach in the school's weight room.
Mark Becker had argued that he was legally insane when he shot Aplington-Parkersburg High School Coach Ed Thomas in June 2009. A jury found Becker guilty and rejected his insanity defense.
Doctors testified at the trial that Becker is a paranoid schizophrenic but they disagreed over whether he knew right from wrong when he shot Thomas.
Becker's lawyers argued that jurors were given incorrect instructions about the legal definition of insanity.
The Iowa Court of Appeals on Thursday agreed one instruction was incorrect but said jurors were given another instruction that correctly defined insanity. Taken together, the court says jurors were properly instructed. |
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