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1 spank isn't domestic violence, Fla. court says
Areas of Focus |
2011/09/16 05:16
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An appeals court says a single spank doesn't qualify as domestic violence.
A three-judge panel of the 1st District Court of Appeal on Friday quashed an injunction for protection against domestic violence.
It cited common law and a 2002 Florida Supreme Court ruling that says reasonable or non-excessive corporal punishment can be used as a defense against child abuse charges.
Circuit Judge Karen Gievers of Tallahassee had issued the injunction against a father identified in the ruling only as "G.C."
He had been accused by his former wife of spanking their 14-year-old daughter once on the buttocks with his hand.
The father said the teen had been disrespectful and defiant. The girl said she was only being sarcastic. |
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Class Action Filed Against Former, Current A&P Execs
Areas of Focus |
2011/09/14 05:16
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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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W.Va. lawyer nominated to federal appeals court
Legal Topics |
2011/09/09 15:39
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President Barack Obama has nominated Hamlin native Stephanie Dawn Thacker as a judge on the 4th U.S. Circuit Court of Appeals.
Thacker has been a partner in the Charleston law firm of Guthrie & Thomas since 2006.
Before that she spent seven years with the U.S. Department of Justice. Her work as a trial attorney there focused on prosecution and training in connection with child pornography and sexual exploitation, sex trafficking, obscenity and other offenses.
She also served as an assistant federal prosecutor and worked for the state attorney general's office.
The U.S. Senate must now consider Thacker's nomination to the Richmond, Va.-based court. The seat became vacant after the March death of Judge Blane Michael.
The 15-member court covers North Carolina, South Carolina, Maryland, Virginia and West Virginia. |
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Guilty plea for Va. man in $318K Social Security fraud
Headline Legal News |
2011/09/09 15:39
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A Bristol man has pleaded guilty to stealing Social Security benefits and making false statements in an attempt to hide the thefts.
Seventy-one-year-old David Ross entered the plea Thursday in federal court in Abingdon.
Ross faces a sentence of up to 65 years in prison on all counts.
Federal prosecutors say Ross admitted stealing more than $318,000 in benefits that had been intended for his mother, who died in 1971. He told the Social Security Administration that his mother died in December 2010. |
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Court: Samsung can't sell tablet in Germany
Areas of Focus |
2011/09/09 10:39
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A German court rules that Samsung Electronics's Galaxy Tab cannot be sold in Germany because it violated patents of rival Apple's iPad2.
A Duesseldorf state court said Friday it would not allow Samsung, based in Seoul, South Korea, to market its Galaxy Tab 10.1 in Germany because it too closely resembles the iPad2.
Already in August, the court had ruled in favor of Apple, based in Cupertino, California, forcing Samsung to withdraw its tablet from the market.
Samsung challenged the ban. The companies are involved in a series of legal disputes in countries around the world over allegations that each copies the other's technology. |
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Ga. high court ousts pot-smoking judge from bench
Areas of Focus |
2011/09/07 15:44
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A Georgia judge who pointed a gun at himself in the courtroom, berated his boss in a bizarre televised rant and admitted to regularly smoking marijuana was ousted from the bench for life by the state's top court Tuesday.
The Georgia Supreme Court's unanimous opinion also barred Catoosa County Magistrate Anthony Peters from ever holding another judicial office in Georgia, concluding he has done "nothing to show that he has any ability to live up to the high standard of conduct expected of members of the judiciary in Georgia."
Peters' home phone number was disconnected, and his attorney Chris Townley did not return calls and emails Tuesday seeking comment. But Peters said during an April hearing that the violations took place during a "rough patch" in his life, and his attorney blamed his behavior on prescription drug abuse after his client was involved in a devastating 2005 ATV accident.
Peters, who is not an attorney, was a detective for the county sheriff's office for 10 years before he was appointed as a magistrate judge in 1997. But his demeanor started changing after a difficult 2005, which began when his father committed suicide and grew worse after the ATV accident. The magistrate was taking heavy doses of pain medications by 2009 after surgeries didn't ease the pain, his lawyer said. |
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Ex-Pa. House speaker pleads guilty to corruption
Areas of Focus |
2011/09/07 15:44
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The onetime speaker of the Pennsylvania House of Representatives pleaded guilty Wednesday to eight criminal charges stemming from a public corruption investigation, making him the highest-ranking state politician to be convicted in the four-and-a-half-year inquiry.
Ex-Rep. John M. Perzel entered the plea to two counts of conflict of interest, two counts of theft and four counts of conspiracy. He left the courthouse without commenting, but apologized in an e-mailed statement and said he bore responsibility for improprieties in spending public funds he controlled.
"It was up to me to see that taxpayer funds were spent only for the betterment of the people of Pennsylvania, and not for my political benefit (or) that of my party," Perzel said in the news release.
Prosecutors have described Perzel, 61, as being at the center of a scheme to spend millions of taxpayer dollars on computer technology for the benefit of GOP political campaigns.
Also Wednesday, his nephew and co-defendant Eric S. Ruth, 36, pleaded guilty to conspiracy and conflict of interest. Ruth once worked in the House Republican technology office. |
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