NJ high court to rule in case of retired judge
Legal Topics | 2011/08/01 15:49
New Jersey's Supreme Court has upheld the censure of a retired Superior Court judge.

Steven Perskie was disciplined in March for not recusing himself in a timely fashion from a case involving his former campaign treasurer. A state Supreme Court committee also found Perskie was not forthcoming in his remarks to a Senate committee about the incident when he was facing re-appointment.

Today's ruling found Perskie shouldn't have rejected a request during a 2006 case that he recuse himself. He later recused himself for different reasons.

The court also found that Perskie didn't intentionally mislead the Senate committee when he answered questions about the incident.

Perskie served on the Superior Court in Atlantic County and retired in January 2010. He also served as a state legislator.


Calif county drafting solar-ag compatibility law
Legal Topics | 2011/07/25 15:19
A California county is drafting a solar power law designed to protect agriculture.
The Yolo County ordinance would require solar project applicants to prove there is no available non-prime farmland nearby and would require developers to set aside land for farming and wildlife.

The Sacramento Bee says a vote on the ordinance could come as early as September.

Big solar projects are blossoming in California because of a new state law requiring utilities to obtain 33 percent of their power from renewable sources. The deadline for hitting the 33 percent mark is 2020.

Plans for a solar law come as developers Angelo Tsakopoulos and Phil Angelides propose rows of metal and concrete solar panels on 688 acres of rice-growing land in Yolo County near Interstate 80 and the Yolo Causeway.


Judge wants agency to investigate Meijer lawyer
Legal Topics | 2011/07/25 15:18
A judge believes a lawyer committed perjury when he denied knowing anything about the role of Meijer Inc. in a 2007 recall election of township officials in northern Michigan's Grand Traverse County.

Judge Philip Rodgers said he has referred the matter involving Timothy Stoepker to the Michigan Attorney Grievance Commission, a watchdog agency.

"I believe it occurred, and I have an ethical responsibility to report it," Rodgers told the Traverse City Record-Eagle.

Stoepker, an attorney at the firm Dickinson Wright in Grand Rapids, represented Meijer during a dispute over a new store in Acme Township. Voters rejected the store in 2005, and township officials were targeted for recall in 2007.

Meijer, a major Midwestern retailer, later acknowledged illegally financing the recall effort and subsequently paid a $190,000 fine.

During a deposition in a civil lawsuit by a township official, Stoepker was asked what he knew about Meijer's role. "I have no knowledge of that at all," he replied.


Defendant in 4 Calif. killings now wants lawyer
Legal Topics | 2011/07/06 16:56
The man charged with killing four Northern California women with matching first and last initials has asked for a court-appointed attorney to help him defend himself.

Seventy-seven-year-old Joseph Naso is currently acting as his own attorney. But he told a judge Wednesday his incarceration at the Marin County Jail has limited his ability to conduct legal research and has scared away attorneys who could help him.

He asked Judge Andrew Sweet to appoint an attorney to his case. Sweet is expected to continue hearing arguments about the request Thursday.

District Attorney Ed Berberian says Naso has enough money to hire his own attorney and doesn't need one appointed by the court.

Naso is accused of murdering four prostitutes in the 1970s and 1990s throughout Northern California. He has pleaded not guilty.


Mich. man sues, wants Chevron stock at '04 price
Legal Topics | 2011/07/04 07:03
A former lawyer intrigued by the global demand for energy says he chose to invest $100,000 in oil giant Chevron Corp. back in 2004, a smart stock bet that now would have doubled seven years later.

But Perry Christy has a big problem: He says Chevron's stock agent never deducted money from his bank account. As a result, he has no records to show he actually owns a certain number of shares.

So Christy, 69, is suing Chevron and Mellon Investor Services and seeking an extraordinary remedy. He wants a federal judge to declare that he should be credited with buying the stock at a June 2004 price, plus any additional shares that would have piled up by reinvesting dividends. Then he'll pay $100,000.

Based on the terrific rise in San Ramon, Calif.-based Chevron's stock, it would be like winning the lottery—and then buying a ticket.

"There was some kind of mix-up on the day I placed the order," Christy insisted in an interview at his home in the Detroit suburb of Northville. "Whether mechanical or electronic, I don't think we'll ever know. But it's their screw-up. When you deal with any large bureaucracy, people are focused on their own narrow niche."

After more than a year in court, Chevron and Mellon smell a scam and want the case dismissed, even suggesting that Christy's story of a genuine yet botched investment simply is a lie.


Toyota class action suit to start with Utah case
Legal Topics | 2011/06/25 05:21
The first lawsuit to go to trial in a massive class action against Toyota Motor Corp. over acceleration problems that led the company to recall 14 million cars will involve a crash that killed two people in western Utah, a federal judge said Friday.

U.S. District Judge James Selna told attorneys the case of 38-year-old Charlene Jones Lloyd and 66-year-old Paul Van Alfen, whose Toyota Camry slammed into a wall in Utah in 2010, is scheduled to go to trial in February 2013.

The case - Van Alfen v. Toyota Motor Sales, U.S.A., Inc. - will be the first of several bellwether lawsuits, intended to determine how the rest of the litigation will proceed.

Selna wrote in a tentative order that he hoped the selection would "markedly advance these proceedings."

"The Court believes that selection of a personal injury/wrongful death case is most likely the type of case to meet that goal," Selna said.

Toyota said it welcomes the Utah case as the first suit to reach court.

"We are pleased that the initial bellwether will address plaintiffs' central allegation of an unnamed, unproven defect in Toyota vehicles, as every claim in the multi-district litigation rests upon this pivotal technical issue," the company said in a statement.

Toyota has previously argued the plaintiffs have been unable to prove that a design defect in its electronic throttle control system is responsible for vehicles surging unexpectedly. It has instead blamed driver error, faulty floor mats and sticky accelerator pedals.


Strauss-Kahn said he had diplomatic immunity
Legal Topics | 2011/06/17 17:12

Dominique Strauss-Kahn declared he had diplomatic immunity and complained that his handcuffs were too tight after he was taken into custody on allegations he tried to rape a Manhattan hotel maid, court documents show.

The documents filed Thursday by prosecutors provide a chronology of statements leading to the arrest of the former leader of the International Monetary Fund, who was taken into custody by Port Authority police at John F. Kennedy International Airport on May 14 as he tried to leave on a Paris-bound flight.

One of his attorneys, Benjamin Brafman, said Thursday he had no comment.

Strauss-Kahn, who is free on $1 million bail under house arrest at a luxury townhouse, maintains he did not attack the maid at Sofitel hotel.

The new court documents describe Strauss-Kahn seemingly confused as he is taken into custody.

"I have diplomatic immunity," Strauss-Kahn told officers, according to the documents. "... Can I speak with someone from the French consulate? What is this about?"

He asked detectives whether he needs an attorney, responded to questions about whether he is hungry (at one point saying he would "like some eggs") and complained about his handcuffs, the documents say.

"Manhattan detectives need to speak with you about an incident in a hotel room," responded one detective as they go from the airport to the Manhattan Special Victims Squad on May 14 at about 5:15 p.m., the documents say.




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