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Family plans lawsuit in Wash. state ice fatality
Legal Watch |
2011/12/29 09:49
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A law firm has announced a lawsuit in the death of a Washington state girl killed by huge chunk of falling ice in July 2010 at the Big Four Ice Caves, a popular hiking destination in the Mount Baker-Snoqualmie National Forest.
The 11-year-old Marysville girl was on a family outing when a block of ice the size of a pickup truck broke loose and slid into where she was sitting with her mother, some distance from the caves.
The Daily Herald reports the family said it heeded warning signs and stayed off the ice at the caves, east of Granite Falls.
Mount Baker-Snoqualmie spokesman Kelly Sprute says the forest doesn't comment on ongoing litigation.
The lawsuit is being handled by the Tacoma law firm of Messina Bulzomi Christensen. The firm announced the suit at a news conference Tuesday. |
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Robbins Geller Rudman & Dowd LLP Files Class Action Suit
Legal News |
2011/12/28 18:36
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Robbins Geller Rudman & Dowd LLP today announced that a class action has been commenced in the United States District Court for the Southern District of New York on behalf of purchasers of Veolia Environnement S.A. American Depositary Shares during the period between April 27, 2007 and August 4, 2011.
If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff’s counsel, Samuel H. Rudman or David A. Rosenfeld of Robbins Geller at 800/449-4900 or 619/231-1058, or via e-mail at djr@rgrdlaw.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.rgrdlaw.com/cases/veolia/. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.
The complaint charges Veolia and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Veolia operates utility and public transportation businesses. The Company supplies drinking water, provides waste management services, manages and maintains heating and air conditioning systems, and operates rail and road passenger transportation systems.
The complaint alleges that, during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business and prospects. Specifically, defendants misrepresented and/or failed to disclose the following adverse facts: (a) that Veolia was materially overstating its financial results by engaging in improper accounting practices; (b) that the Company lacked adequate internal controls and was therefore unable to ascertain its true financial condition; (c) that Veolia failed to timely record an impairment charge for its Transport business in Morocco, Environmental Services businesses in Egypt, Marine Services business in the United States, and for Southern Europe; (d) that the Company’s revenues were being hampered by the renewal of some of its major concession contracts; and (e) that, as a result of the foregoing, defendants lacked a reasonable basis for their positive statements about the Company and its prospects.
Robbins Geller, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, D.C., Philadelphia and Atlanta, is active in major litigations pending in federal and state courts throughout the United States and has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of human rights violations.
http://www.rgrdlaw.com |
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Riders stuck on snow-trapped train sue NY agency
Top Legal News |
2011/12/27 18:36
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Subway riders stuck all night in a train trapped by snow after a blizzard sued a transportation agency on Tuesday, saying officials told them it was simply "an act of God."
In court papers describing last year's ordeal, they said they had no heat, food, water or bathroom facilities while the Metropolitan Transportation Authority kept promising help.
The city was all but paralyzed when the storm hit on Dec. 26, 2010, with 2 feet of snow piled around an A train on elevated tracks in Queens. Inside were about 500 passengers who spent eight hours there in freezing temperatures.
The conductor refused to allow passengers off the train, "resulting in a deplorable imprisonment," said 22 of them named in the suit, which was filed in Queens state Supreme Court.
They are seeking unspecified damages from the New York City Transit Authority, part of the MTA, which runs the nation's largest mass transit system. The subway alone has a daily ridership of more than 5 million.
Manhattan attorney Aymen Aboushi said the stranded passengers decided to sue after a year of meetings with transit officials convinced them that suing was the only way to get the MTA to pay attention. He said he's handling the case pro bono in hopes of forcing changes in the emergency response system to avert a similar nightmare. |
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Supreme Court rejects Hessler appeal
Legal News |
2011/12/27 00:36
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The Nebraska Supreme Court on Friday rejected a death-row inmate’s claim that his lawyer failed to properly represent the convicted kidnapper, rapist and murderer at his sentencing.
Jeffrey Hessler had argued that his trial-court lawyer should have demanded a competency hearing when Hessler moved to represent himself at his sentencing. The state Supreme Court rejected that argument, saying allowing someone to serve as their own attorney did not constitute ineffective counsel and Hessler failed to show he couldn’t adequately represent himself at sentencing.
Hessler was convicted of first-degree murder, kidnapping, first-degree sexual assault of a child and use of a firearm to commit a felony in December 2004. He was sentenced to die for the 2003 kidnapping, rape and shooting death of 15-year-old Heather Guerrero. She was delivering newspapers on her morning route just blocks from her home when Hessler grabbed her and forced her into his car.
A jury found that Hessler took her to an abandoned house at nearby Lake Minatare, raped her and then shot her in the head on Feb. 11, 2003. Guerrero’s body was found the next day at the house, about 12 miles from where she disappeared.
Hessler claimed in his appeal that his trial lawyer was ineffective and failed to tell the court that he suffered from mental health problems, including hallucinations.
Scotts Bluff County District Judge Randall Lippstreu dismissed that claim earlier this year, saying Hessler and his attorneys seemed to have had philosophical differences between the time of Hessler’s conviction and sentencing hearing. But, the judge said, that did not constitute ineffective counsel. |
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Disgraced ex-journalist fights for CA law license
Opinions |
2011/12/27 00:34
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A former journalist who became the subject of a Hollywood movie after he was caught fabricating articles in the late 1990s is fighting to become a lawyer in California over the objections of a state bar committee.
Stephen Glass, whose ethical missteps at The New Republic and other magazines were recounted in the film "Shattered Glass" and an autobiographical novel, has challenged the bar committee's decision to deny him a license to practice law, the San Francisco Chronicle reported Monday.
Glass attended law school at Georgetown University and passed California's bar exam in 2007. His application for an attorney's license was turned down by the state's Committee of Bar Examiners, which judged him morally unfit for his new profession.
But an independent state bar court ruled in Glass's favor in July and the California Supreme Court has since agreed to hear the committee's appeal. No date for oral arguments has been set.
The bar association's lawyers said in written filings that even though Glass' transgressions occurred when he was in his 20s, his attempts at atonement were inadequate and in some cases coincided with the publication of his novel. They faulted him for never compensating anyone who was hurt by his falsehoods. |
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Supreme Court says Manchester property tax data private
Top Legal News |
2011/12/26 00:36
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The Vermont Supreme Court says information used by towns to calculate adjustments to residents' property taxes should remain private.
In an entry order published Friday, the court reversed a Bennington County Superior Court ruling that said the town of Manchester should provide the tax information to someone who requested it.
The issue involves the amount Vermont property tax payers may have deducted from their bills based on their income, school property tax burden and if they to use a portion of their tax refund to reduce property taxes.
The state Department of Taxes calculates that amount and sends it to towns to reduce a property owner's taxes.
The Supreme Court says the law governing the deductions is covered by the state's privacy laws. Property tax bills are, however, public.
The court decision is posted on the town website, http://www.manchester-vt.gov |
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Lawyer: Portugal denies US appeal for fugitive
Top Legal News |
2011/12/25 00:34
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Portugal's Supreme Court has refused a request from the U.S. to extradite American fugitive George Wright, his lawyer said Thursday.
Wright's lawyer Manuel Luis Ferreira said the court rejected an appeal by the U.S. against a lower court's decision that denied extradition a month ago.
"The Supreme Court has denied the appeal," Ferreira told The Associated Press. "They notified me today."
The U.S. can now appeal to Portugal's Constitutional Court if it chooses to.
Ferreira said he did not have details of the ruling. In Portugal, extradition cases are conducted in secret. Ferreira said Wright intends to remain in Portugal.
A Lisbon judge decided against Wright's extradition in November, two months after he was captured in Portugal following four decades on the run.
The U.S. Justice Department filed an appeal less than two weeks later.
Supreme Court officials weren't available to comment after office hours Thursday, and the U.S. Justice Department did not immediately reply to an email seeking comment.
The lower court judge had ruled that Wright, 68, had become a Portuguese citizen and that the statute of limitations on his 15- to 30-year sentence for a robbery-murder in New Jersey had expired, according to Ferreira. |
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