Icahn Plans More Legal Action Against Motorola
Areas of Focus | 2008/03/24 20:07

Carl Icahn and his affiliates on Monday said it is filing a lawsuit in the Court of Chancery of the State of Delaware seeking a court order requiring Motorola to make certain materials demanded by Icahn from Motorola available for inspection.

The materials that Icahn is seeking include are any board and committee minutes and documents relating to the service and selection of Motorola's senior officers, the prospects or strategy of Motorola's Mobile Devices business and the realignment of its business regarding Mobile Devices, including the potential spinoff of the Mobile Devices business.

Icahn also seeks to include documents, if any, provided to Motorola's Board of Directors regarding matters disclosed in certain of Motorola's press releases and conference calls concerning the performance of Motorola and documents showing the use of Motorola's aircraft and other property by members of senior management, the board of directors and their families.

In addition, Carl Icahn and his affiliates released a letter to stockholders of Motorola, Inc., requesting stockholders to elect Frank Biondi, William Hambrecht, Lionel Kimerling and Keith Meister as directors of Motorola at the 2008 annual meeting of stockholders of Motorola.



2 Held in Millionaire Developer's Death
Areas of Focus | 2008/03/23 22:27
A chauffeur and his cousin are being charged in the 2006 stabbing death of a millionaire developer accused of real estate fraud, police said Saturday.

Andrew Kissel, 46, was found tied up and stabbed to death in his Greenwich mansion just days before he was to plead guilty in a multimillion-dollar fraud case.

Carlos Trujillo, who was Kissel's driver, and his cousin, Leonard Trujillo, have been arrested in connection with the developer's death, Greenwich Police Chief David Ridberg said Saturday.

"There is still a lot of information to be gathered and facts to be discerned," Ridberg said in a written statement announcing the arrests.

The arrest warrants are sealed. The chief said more information would be released Monday.

Leonard Trujillo, 21, is charged with murder and conspiracy to commit murder, police said. Carlos Trujillo, 47, is charged with conspiracy to commit murder.

Attorney Lindy Urso, who represented Carlos Trujillo shortly after Kissel's death could not be reached late Saturday. Information was not immediately available on whether Leonard Trujillo had an attorney.



Doubt Arises over Breathalyzer Source Code
Areas of Focus | 2008/03/21 20:22
An attorney for a Minnesota man accused of drunken driving says he doesn't think the manufacturer of a breathalyzer will meet a court-imposed deadline of August 17 to turn over its source code. If that happens, his client could go free.

The Minnesota Supreme Court ruled late last month that source code for the Intoxilyzer 5000EN, made by a Kentucky-based company called CMI, must be handed to defense attorneys for use in a case involving charges of third-degree DUI against a man named Dale Lee Underdahl.

In this case, the high court concluded that language in the contract between CMI and the state indicates the source code belongs by extension to Minnesota, rejecting the state public safety commissioner's earlier argument that the state was not entitled to the code because of its confidential, copyrighted and proprietary nature. The decision effectively means it's now up to the state to do what it takes to enforce that contract--including suing the company, if necessary.

But as for when the code would be turned over, "I guess the answer is probably never," attorney Jeffrey Sheridan said in a telephone interview Friday. That's because state officials, he added, "haven't given me any indication that the manufacturer has changed its mind."

It remains unclear what steps Minnesota officials plan to take, as representatives did not immediately respond to requests for comment. CMI also did not return calls for comment on Friday.



Settlement talks fail between al-Kidd, feds
Areas of Focus | 2008/03/20 18:03
Court-ordered settlement talks between a man detained in a federal case and the government have failed.

Attorneys on both sides told a U.S. District judge this week that no settlement was reached. That means the lawsuit brought by Abdullah al-Kidd against the United States, former U.S. Attorney General Alberto Gonzales and others will likely go to trial.

Al-Kidd filed the lawsuit in 2005, claiming his civil rights were violated when the government improperly used material witness laws to detain him for two weeks.

The government has maintained it did nothing wrong.

Al-Kidd worked on behalf of the Islamic Assembly of North America, a Michigan-based charitable group federal investigators allege funneled money to activities supporting terrorism.



Legal battle rages over whether ankles exist
Areas of Focus | 2008/03/19 18:04
For every foot, there's an ankle. Or not.

In Texas, that all depends on a legal battle between medical doctors and podiatrists, who both claim the ankle as their turf. The debate has raged to the point that the two sides disagree in court on whether the ankle actually exists.

A state appeals court recently sided with medical doctors when it determined that the state board that licenses podiatrists exceeded its authority in defining the ankle as part of the foot.

"You don't have an ankle," said Mark Hanna, a lawyer for the Texas Podiatric Medical Association. "The foot actually includes the ankle. If you took the foot off the leg, there is nothing lying there that's the ankle."

Not so, said Dr. David Teuscher, an orthopedic surgeon in Beaumont who said treating the ankle is complicated enough to require medical school training.

"If they say the ankle doesn't exist, why do they want to operate on it?" asked Teuscher, immediate past president of the Texas Orthopaedic Association. "Everyone knows what an ankle is."

The Texas State Board of Podiatric Medical Examiners bypassed the Legislature to create its ankle-is-part-of-the-foot definition in 2001. Podiatrists say they've been treating ankles for decades and accuse medical doctors of trying to limit competition. The Texas Medical Association argues podiatrists should stick to corns, calluses and diabetic foot care.

The physicians group interprets last Friday's ruling as saying the ankle and foot are separate. The podiatrists group says the ruling doesn't go that far and plans to appeal. About 900 podiatrists await the outcome.



Judges Bar Law on Violent Video Games
Areas of Focus | 2008/03/18 18:05
A federal appeals court has upheld an injunction against a Minnesota law that would have kept children under 17 from renting or buying violent video games.

A three-judge panel of the 8th Circuit U.S. Court of Appeals said Minnesota has a compelling interest in the psychological health of children.

But the judges wrote that the state didn't have enough proof that violent video games cause psychological harm and agreed with a lower-court judge that Minnesota went too far when it passed the law two years ago.

Under the law, kids under 17 would have faced a $25 fine if they rented or bought a video game rated "M" for mature or "AO" for adults only. The law also would have required stores to put up signs warning of the fines.



Heather loses court judgment appeal
Areas of Focus | 2008/03/18 08:07

Heather Mills has failed to stop publication of a divorce judgment highly critical of her as a witness and her financial claims against Sir Paul McCartney.

Mr Justice Bennett said her evidence was "not just inconsistent and inaccurate but also less than candid".

And he ended his ruling with a word of advice for anyone who puts forward "an excessive, indeed exorbitant, claim". They have only themselves to blame if the court awards much less than what they expected, he said.

Former model Miss Mills sought an award of almost £125 million but the judge decided she should leave her marriage to the former Beatle with a total of £24.3 million.

Mr Justice Bennett had released the financial details of his ruling on Monday but gave Miss Mills a chance to appeal his decision to release the full judgment.

Two appeal judges refused her request for permission to appeal and the judgment on her private divorce battle with Sir Paul became public.

The husband's evidence, said the judge, was balanced. "He expressed himself moderately though at times with justifiable irritation, if not anger. He was consistent, accurate and honest."

The judge continued: "But I regret to have to say I cannot say the same about the wife's evidence.

"Having watched and listened to her give evidence... I am driven to the conclusion that much of her evidence, both written and oral, was not just inconsistent and inaccurate but also less than candid. Overall she was a less than impressive witness."

Mr Justice Bennett said Miss Mills, who lost part of her leg in a road accident, was a "strong-willed and determined personality" who had shown great fortitude in overcoming her disability. He added that she was a "kindly person" who is devoted to her charitable causes.



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