Judge strikes down NYC's gruesome tobacco ads
Areas of Focus | 2011/01/05 17:08

The city's campaign to scare smokers with grotesque images of decaying teeth or a diseased lung wherever tobacco products are sold was struck down Wednesday by a federal judge who concluded that only the federal government can dictate warnings that must accompany the promotion of cigarettes.

U.S. District Judge Jed S. Rakoff handed a victory to the nation's three largest tobacco manufacturers and the retailers who sell their products when he ruled on the legality of a 2009 city Board of Health code change requiring the display of smoking cessation signs where tobacco products are sold.

"Even merchants of morbidity are entitled to the full protection of the law, for our sake as well as theirs," Rakoff said. He released the written decision just days before an agreement among the parties to delay enforcement of the rule was to expire on Saturday.

He said the federal Labeling Act, first enacted in 1965, sought to balance public and commercial interests with a comprehensive federal program to deal with cigarette labeling and advertising. He said it was created in part to prevent "diverse, nonuniform and confusing cigarette labeling and advertising regulations." Part of the law dictated that no state law could impose a requirement or prohibition with respect to advertising or promotion of cigarettes, he noted.



Iowa Supreme Court upholds taxation of KFC
Areas of Focus | 2011/01/04 17:08

The Iowa Supreme Court has upheld a decision to levy corporate income taxes against fried chicken giant KFC.

At question is whether the state can impose income tax on revenue received by a company that doesn't have a presence in Iowa. KFC doesn't own any restaurants or have employees in Iowa. All KFC's in the state are owned by independent franchisers.

The Iowa Department of Revenue and Finance assessed KFC more than $248,000 for unpaid corporate income taxes in 2001.

Mark Schuling, the agency's director, says any corporation that collects revenue in Iowa should pay taxes.

KFC Corp., whose parent company is Louisville, Ky.-based Yum Brands Inc., challenged the assessment saying under Iowa law it was not subject to taxes because it didn't have property in the state.



Florida AG urges spill victims to get lawyers
Areas of Focus | 2010/12/19 19:30

Attorneys general in four Gulf Coast states are urging oil spill victims to check with lawyers before settling claims against BP PLC.

They issued consumer advisories Friday in Florida, Alabama, Louisiana and Texas. Earlier this week Claims Administrator Kenneth Feinberg completed his plan to give claimants three payment options — interim, final and quick.

Those opting for final or quick payments must sign away their right to sue BP for additional damages. The attorneys general said they should consult with a lawyer first.

BP's Deepwater Horizon rig exploded in April, spilling oil into the water for three months. In Florida only a few beaches were fouled, but the spill scared away tourists and businesses across the state had financial losses.



SD attorney on trial on child porn charges
Areas of Focus | 2010/12/16 07:24

The lawyer for a Sioux Falls defense attorney being tried on child pornography charges told a federal court jury that Leo Flynn sought out the material so he could give legal advice to clients.

The 62-year-old Flynn is facing charges including possession and distribution of child porn. South Dakota law gives immunity to lawyers and some others who work on such cases, but federal law doesn't. Defense attorney Rory Durkin says the state law should apply in Flynn's case.

Prosecutors say they found hundreds of pornographic files on Flynn's computer. On Tuesday, they played audio of an interview with investigators in which Flynn said he searched for child porn about once a week.

The Argus Leader reports that Flynn's trial is expected to last late into the week.



Lawsuit seeks to keep 3 Iowa justices on bench
Areas of Focus | 2010/12/16 07:23

The retention vote in which three Iowa Supreme Court justices were ousted was illegal, according to a lawsuit seeking to keep the three justices from being tossed from the bench.

The lawsuit claims the vote violated the Iowa Constitution, which requires judicial retention votes to be held on a separate ballot.

Chief Justice Marsha Ternus and justices Michael Streit and David Baker were voted off following a campaign by groups opposed to the court's unanimous decision to legalize same-sex marriage in Iowa.

The Des Moines Register reported that the lawsuit, filed by attorneys Thomas W. George, John P. Roehrick and Carlton Salmons, asks for a temporary judicial order that would prohibit the judges from leaving the court when their terms expire at the end of December.



Class action lawsuit against United Water could cost millions
Areas of Focus | 2010/11/27 05:16

Several Union City residents have filed a class action lawsuit against United Water on allegations that the company cheated customers by selling them useless warranties that do not cover repairs.

The warranties, which cost about $150 a year, are supposed to cover the repair of broken water pipes, sewer pipes and other items, the attorneys for three 18th Street plaintiffs, said. Although the application says "Guaranteed Acceptance" in large print, there are actually many exclusions, the attorneys said.

Multi-unit dwellings are actually excluded from the warranty, but that has not stopped United Water from marketing and selling the policies to the owners of multi-unit buildings, the lawsuit says.

The suit was recently filed in Bergen County Superior Court in Hackensack, where United Water is based.


Attorneys Carl Mayer and Bruce Afran held a press conference Tuesday at the courthouse. Afran estimated that if all New Jersey residents in a situation similar to the plaintiffs were to join the suit, and the suit was successful, it could cost United Water as much as $50 million.



Court won't hear appeal from Adelphia founders
Areas of Focus | 2010/10/04 16:29

The Supreme Court won't hear an appeal from a father and son who built Adelphia Communications into a cable television powerhouse and were convicted of fraud after it collapsed into bankruptcy.

The high court refused on Monday to hear an appeal from John and Timothy Rigas.

The Rigases were sent to prison after Adelphia collapsed in 2002. At the time, it was the country's fifth-largest cable TV company.

Prosecutors said John Rigas used it like a personal piggy bank, paying for expenses as small as massages and withdrawing $100,000 from the company whenever he wished.

The Rigases say the government should have turned over to them notes taken during prosecutorial interviews with some witnesses. They also say their prison sentences were too long.



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