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.


Pa. appeals court upholds $188M Wal-Mart verdict
Headline Legal News | 2011/06/24 19:21
A $188 million class-action verdict against Wal-Mart Stores Inc. and Sam's Club over payment to employees for rest breaks and off-the-clock work was upheld Friday by a Pennsylvania appeals court.

A three-judge Superior Court panel said there was sufficient evidence at trial to conclude there had been a breach of contract, unjust enrichment and violations of state labor laws.

The judges also ruled in a 211-page opinion that the presiding Philadelphia judge erred in determining some of the plaintiffs' legal fees, and sent that part of the case back for recalculation.

The 2006 trial, which lasted 32 days, resulted in a finding that Wal-Mart did not pay employees for all the work they performed and did not let them take their paid, mandatory rest breaks, the judges wrote. The court awarded $46 million in attorneys' fees.

Wal-Mart spokesman Greg Rossiter said the retail giant believes the court decision was wrong in a number of respects and looks forward to additional review in the courts.


Va suit settled over coalbed methane rights
Headline Legal News | 2011/06/24 18:21
Southwest Virginia landowners have reached a $3.4 million tentative settlement in a class-action lawsuit over coalbed methane rights.

The Bristol Herald Courier reports Wednesday's settlement would be split among 1,850 landowners.

The federal lawsuit alleged that Chesapeake Energy Corp. subsidiary Chesapeake Appalachia underpaid royalties to landowners for decades.

The settlement will be made final at a hearing Oct. 4.

Other similar class-action lawsuits are pending in federal court in southwest Virginia involving CNX Gas Co. and EQT Production Co.


Casino owner cited in complaint against Ala. judge
Headline Legal News | 2011/06/23 05:21
A casino owner accused of buying votes in Alabama for pro-gambling legislation is cited in a judicial complaint against a former state judge, who's accused of letting a gambling lobbyist bankroll her re-election campaign while she was handling a custody dispute involving the casino owner's grandchildren.

An attorney for VictoryLand casino owner Milton McGregor said Tuesday that he did nothing wrong and the complaint filed against former District Judge Patricia Warner of Montgomery is based on errors.

"It's reckless and somebody is going to have to answer for that," defense attorney Joe Espy said Tuesday outside the federal courthouse.

The 72-year-old McGregor is in the third week of a trial where he and eight others are accused of buying and selling legislators' votes for pro-gambling legislation with campaign contributions. The legislation was designed to keep McGregor's now-closed VictoryLand casino in Shorter operating.

Late Monday afternoon, the state's Judicial Inquiry Commission filed a complaint against Warner, a Democrat who resigned unexpectedly last week less than six months into her second term. The 74-count complaint accuses Warner of judicial misconduct in several cases, including the one involving an effort by McGregor's former son-in-law to regain visitation rights with McGregor's grandchildren.

The complaint will be heard by the Alabama Court of Judiciary, which can sanction her if it finds her guilty of misconduct and impose financial penalties. A spokesman for the state pension system said Warner qualifies for state retirement benefits. The amount was not immediately available.


Ex-Delaware pediatrician guilty of child sex abuse
Areas of Focus | 2011/06/22 05:22
A former Delaware pediatrician who decorated his office with Disney characters and miniature amusement park rides was found guilty Thursday of sexually abusing scores of his young patients.

Earl Bradley, 58, recorded homemade videos of the abuse, said prosecutors, who presented the judge with more than 13 hours of videos showing sex crimes against more than 80 victims, most of whom were toddlers.

Superior Court Judge William Carpenter Jr. announced the verdict in business-like fashion, avoiding any personal remarks about Bradley. An indictment against Bradley initially contained 470 counts, but attorneys agreed before the trial to consolidate them into 24 counts.

Bradley was found guilty on 14 counts of first-degree rape and five counts each of second-degree assault and sexual exploitation of a child.

Bradley, who will be sentenced on Aug. 26, faces up to life in prison on each rape charge.

He showed no reaction when the verdict was announced, but some of the spectators cried.

Carpenter presided over a one-day trial in which prosecutors called two witnesses and presented the judge with an external hard drive containing the videos, recorded from December 1998 to Dec. 13, 2009. Bradley was arrested after a 2-year-old girl told her mother the doctor hurt her after an office visit, an accusation that came just days before the last video was recorded.

In a footnote to his verdict, the judge wrote that he was unable to discern the video activity for one alleged victim and there was no video for another.


Navy subcontractor pleads guilty in bribe case
Areas of Focus | 2011/06/20 13:12

A Navy subcontractor pleaded guilty Friday in Rhode Island for his part in what federal prosecutors say was a kickback scheme that cost the Navy millions of dollars.

Russell Spencer's plea was part of an agreement with prosecutors in which he promised to cooperate with authorities as he has been since investigators approached him in June 2010.

Spencer, 56, pleaded guilty to conspiring to commit bribery in helping funnel money, through his businesses, from a Navy contractor to a civilian Navy employee who prosecutors say then bumped up funding to the contractor. Prosecutors say the scheme cost the Navy between $7 million and $20 million.

The case prompted an internal Navy investigation that resulted in military officials in Washington suspending the contracting authority of Newport's Naval Undersea Warfare Center. The Navy said a host of contracting problems at the facility enabled the scheme.

According to the government, Ralph M. Mariano of Arlington, Va., who worked at the warfare center, initiated the scheme by threatening to use his position to reduce funding for contracts held by Advanced Solutions for Tomorrow if company owner Anjan Dutta-Gupta didn't kick back money to Mariano.

Dutta-Gupta, of Roswell, Ga., has pleaded guilty to paying $8 million in bribes over more than a decade. Mariano has been charged, but not indicted. He has declined to comment on the allegations, and remains free on bond.




Court says age must be considered in interrogation
Headline Legal News | 2011/06/20 11:13

A divided Supreme Court said Thursday that police and courts must consider a child's age when examining whether a boy or girl is in custody, a move the court's liberals called "common sense" but the conservatives called an "extreme makeover" of Miranda rights.

The 5-4 decision came in a case in which police obtained a confession from a seventh-grade special education student while questioning him at school about a rash of break-ins in Chapel Hill, N.C., without reading him his Miranda rights, telling him he could leave or call his relatives.

Justice Sonia Sotomayor, a former prosecutor who wrote the opinion, said police have to consider the child's age before talking to him or her about a crime. Courts also have to take the child's age into consideration when deciding whether that confession can be used in court, she said.

"It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave," Sotomayor said, adding there was no reason for "police officers or courts to blind themselves to that commonsense reality."

But Justice Samuel Alito, also a former prosecutor, said the point of Miranda was that police would have clear, objective guidelines to follow. Opening the door to considering age likely will mean that other characteristics could soon be added to the list, such as educational level, I.Q. and cultural background, he said.

"Safeguarding the constitutional rights of minors does not require the extreme makeover of Miranda that today's decision may portend," Alito said in the dissent.

The special education student, known as JDB in court papers, was 13 in 2005 when he confessed while interviewed by police and school officials in a closed room at his school.




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