Fundamentalist Mormon Leader Indicted
Legal Topics | 2008/07/23 16:06
Six men in the fundamentalist Mormon "Yearning for Zion" compound were indicted Tuesday on charges of sexual assault and bigamy, including the group's leader, Warren Jeffs. Jeffs, who is in an Arizona jail on separate charges, is charged with first-degree felony sexual assault of a child, said Texas Attorney General Greg Abbott.

The other as-yet unnamed suspects also were charged with felony sexual assault of minor girls. The indictments were issued by a Schleicher County grand jury.

One suspect faces an additional three counts of failure to report child abuse, Abbott said.

Arrest warrants are still under review, Abbott says, in refusing to provide further information.


Tommy Tune Sues Manager, Marvin Shulman
Areas of Focus | 2008/07/22 16:41
Tommy Tune claims his manager Marvin Shulman took him for a long, expensive ride, overcharging for commissions, taking a commission even on the sale of Tune's home and his capital gains, and outsourcing management duties to third parties, using Tune's money to pay for services for which Tune already had paid Shulman.

Tune, of New York, a singer, actor, dancer, choreographer and director, says he has won nine Tony Awards and a plethora of other accolades. Shulman operates his co-defendant business, Marvin Shulman Management, out of Miami.

Here is an excerpt from the federal complaint: "(A)fter unlawfully persuading Mr. Tune to pay them a business management commission far in excess of industry norms through misrepresentation and breaches of fiduciary duty, defendants assessed commission charges against Mr. Tune in excess of even that inflated amount and, in derogation of the parties' agreement and governing securities regulations, paid themselves commissions on Mr. Tune's capital gains, including the proceeds realized on the sale of his residents. Defendants also improperly 'outsourced' to certain third parties a number of the central business management functions that Mr. Tune engaged defendants to perform, and then wrote checks from Mr. Tune's funds to pay for the fees charged by these third parties for the very services that Mr. Tune was already paying defendants."

Tune demands an accounting and damages for breach of contract, breach of fiduciary duty and unjust enrichment. The complaint does not estimate the damages, other than to say they exceed $75,000. Tune is represented by John Rosenberg with Rosenberg & Geiger.


Citizenship Harder To Prove Through Fathers
Areas of Focus | 2008/07/21 16:31
An immigration law that extends citizenship to children whose mothers are naturalized does not violate due process by not following the same rule for fathers, the 2nd Circuit ruled.

Otis Grant, a Jamaican citizen, was convicted in 1996 of second-degree murder. He challenged the Board of Immigration Appeals' ruling that he should be deported, arguing that his father was naturalized before Grant's 18th birthday and that he should have derivative citizenship. The immigration judge disagreed, stating that Grant was not entitled to citizenship because his father did not have legal custody of him.

A three-judge panel decided not to focus on the custody issue. Instead, it ruled that in order for a father to confer citizenship on his child, the father must legitimize him, acknowledge him or prove paternity.

"A mother's parental status is verifiable from the birth itself," the court ruled. "There is no such obvious or compelling proof of a father's status."

Using that reasoning, the court ruled that Grant's rights to equal protection and due process were not violated. The court denied Grant's petition to review his deportation.


Class Action Challenges Mandatory Electronic Filing
Areas of Focus | 2008/07/18 16:22
Questions regarding whether LexisNexis Courtlink is licensed to do business in Georgia and the location of its registered agent prompted attorney Steven J. Newton to amend his complaint against the company and Fulton County State and Superior Court officials. Newton filed the federal class-action in June, claiming LexisNexis Courtlink and the court officials are running an illegal, mandatory, electronic filing system.

Newton contends that filings in Fulton County State and Superior Courts, filed through the LexisNexis File & Serve system, can cost up to $11 per filing in cases for which electronic filing is mandated by orders from Fulton County State and Superior Courts, and authorized by the Fulton County Board of Commissioners.

Shortly after filing the complaint in June, Newton said he realized the location of the registered agent of LexisNexis Courtlink had changed since he filed the original lawsuit in December 2007.
   
Newton withdrew his original lawsuit in March. He said that defendants' attorneys told him that LexisNexis Courtlink no longer existed in Georgia. After checking the Secretary of State Web site, Newton said, he saw that LexisNexis Courtlink had filed a certificate of withdrawal on Jan. 15, and was no longer licensed to do business in Georgia.

But Newton said the company continues to do business in Georgia, as he still receives invoices from it, and the company recently conducted training sessions in Atlanta. So, Newton said, he amended the first complaint to state that LexisNexis Courtlink can be served at the Atlanta address where it held training, or in Newton, Mass.

Attorneys for the defendants have requested more time to respond to the amended complaint. Newton said no additional time should be granted.

"It's pretty much the same complaint I filed (months ago,)" he said. 
 


LA's 'Black Widows' Get Life In Prison For Murders
Legal Topics | 2008/07/17 15:52
Two elderly women dubbed the "Black Widows" of Los Angeles were sentenced to life in prison without parole for killing two homeless men whom they housed for two years before murdering them in hit-and-run crashes in order to collect $2.8 million in life insurance money.

Helen Golay, 77, and Olga Rutterschmidt, 75, were convicted in April of first-degree murder and conspiracy to murder for financial gain in the deaths of Kenneth McDavid, 50, and Paul Vados, 73.

Golay and Rutterschmidt claimed to be aunts, fiancées or cousins of the men on insurance applications, taking out 16 policies for McDavid and three for Vados, for which they acted as beneficiaries. The women had taken out the policies two years before the plotted deaths, purportedly because California law makes life insurance fraud more difficult to contest when a policy has been active for two years.

After running down Vados in a Hollywood alley in 1999, the women collected $600,000 in insurance claims. Authorities grew suspicious when the same two women amassed claims after McDavid was killed in an apparent hit-and-run accident in 2005 and had upper body injuries similar to Vados. Golay used her auto club membership to request the towing of a 1999 Mercury Sable station wagon an hour before McDavid's death. McDavid's DNA was found on the vehicle.

The duo was first arrested in 2006 for insurance fraud. On a secretly recorded videotape made the day of their arrest, Rutterschmidt called Golay "greedy" for taking out so many insurance policies and drawing media attention.

Superior Court Judge David Wesley told the women, "(T)hese unfortunate men were sacrificed on your altar of greed."


Man Says Eminem Sucker-Punched Him
Areas of Focus | 2008/07/15 15:43
Eminem sucker-punched a man as he used the urinal in a Detroit nightclub, the man claims in Oakland County Court. Miad Jarbou demands more than $100,000 from the rapper, whose real name is Marshall Mathers.

Jarbou says he was using a urinal at Cheetah's "exotic dancing bar" in the early morning hours of July 13, 2006, when Mathers entered, with a large bodyguard, who stood at the door. Jarbou says a friend who accompanied him to the club entered the john and said, "Hey Eminem, what's up man?"

The complaint continues: "The individual who had accompanied Mathers into the restroom, who was still standing at the door, spoke words to Jarbou's friend to the effect, 'Shut the fuck up man! Don't say another word!'

"Jarbou, still standing at the urinal, spoke words to the effect, 'Hey man, my friend ain't starting trouble, it's just cool to see Eminem.'

"Mathers then stepped back from the urinal and without warning or provocation, as Jarbou continued to urinate, drove his fist in a violent punching manner into the side of Jarbou's face, knocking him to the ground. ...

"The conduct of Defendant as described herein, in 'sucker punching' in a vicious, violent and completely unprovoked manner, the Plaintiff as he was in the extremely vulnerable position of standing at a public urinal and urinating, is the very definition of extreme and outrageous conduct."

Jarbou is represented by Leon Weiss of West Bloomfield.


Hotel Chain Wouldn't Rent To Black Family, Man Says
Legal Topics | 2008/07/14 15:59

The Clarion Hotel in Scranton refused to rent rooms to a black family though it had 52 vacant rooms, and its desk clerk admitted that she would not rent to them because they are black, the family claims in Federal Court.

Eric Davis and his family also sued Choice Hotels International, the world's second-largest hotel franchisor, which owns the Clarion, and also owns Comfort Suites, Econo Lodge, Rodeway Inns, Quality and other inns and hotels.

Davis claims the Clarion Hotel's front desk clerk, Lisa Pierce, told him there were no rooms available when he asked for one on the night of July 12, 2006. He says Pierce sent him to the Comfort Suites in Moosic.

There, Davis says, the clerk told him that hotel was full, but there were rooms available at the Clarion. Davis says the clerk called the Clarion and confirmed that there were 52 rooms available.

Davis says he drove back to the Clarion, where a different clerk told him there were rooms available. He says he saw the Clarion rent a room to three white men. He says Lisa Pierce then appeared from a back room, and he asked her, "Why did you tell me there was no room?"

Pierce told him, "There was a cancellation," according to the complaint.

The complaint continues: "Mr. Davis replied, 'You had 52 cancellations?' to which Lisa Pierce replied, 'I don't have to explain anything to you. Get out of my hotel.' Mr. Davis then asked, 'Did you say there were suddenly no rooms available because I was black?' to which Lisa Pierce replied, 'Yes.'"

Davis says two witnesses outside his family saw this. He names them in the complaint. He demands punitive damages. He is represented by Craig Kalinoski.



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