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CA same-sex marriage ban gets another day in court
Headline Legal News |
2011/12/09 21:14
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The sponsors of California's gay marriage ban renewed their effort Thursday to disqualify a federal judge because of his same-sex relationship, but they met a skeptical audience in an appeals court panel.
It's the first time an American jurist's sexual orientation has been cited as grounds for overturning a court decision.
Lawyers for a coalition of religious conservative groups told a three-judge panel of the 9th U.S. Circuit Court of Appeals that Chief U.S. District Judge Vaughn Walker should have revealed he had a long-term male partner before he presided over a trial on the measure's constitutionality. He also should have stated whether he had any interest in getting married, the lawyers said.
Because he did not, Walker's impartiality stands in doubt and the decision he ultimately made to strike down Proposition 8 as a violation of Californians' civil rights must be reversed, said Charles Cooper, an attorney for the ban's backers. |
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Appeals court blocks cement plant pollution rule
Headline Legal News |
2011/12/09 21:14
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A federal appeals court is blocking an Environmental Protection Agency rule designed to reduce pollution at cement plants.
A three-judge panel of the U.S. Court of Appeals in Washington agreed with cement makers that the EPA did not properly draft the rule governing storage of material used in the manufacturing process. The judges ordered the agency to rewrite the 2010 regulation and urged them to do so quickly.
Other rules affecting pollutants in the cement making process were left in place by the judges.
Congress also had been considering a challenge to the rule. More than 100 lawmakers with plants in their districts pushed the House to pass a bill Oct. 6 that would have forced the EPA to rewrite the measure and give manufacturers years to comply. |
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Political aide to former Md. governor found guilty
Headline Legal News |
2011/12/07 17:17
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A political aide to former Maryland Gov. Robert Ehrlich was convicted Tuesday of conspiring to use election-day robocalls in an effort to suppress black voter turnout during the 2010 gubernatorial election.
Paul Schurick was found guilty of all four counts he faced, including conspiracy to influence or attempt to influence a voter's decision whether to go to the polls through the use of fraud and conspiracy to publish campaign material without an authority line. A stoic Schurick comforted his wife in the courtroom after the Baltimore jury's verdict was read, but declined to comment.
His attorney, A. Dwight Pettit, said they will appeal.
Prosecutors argued the calls that went out on the evening of Election Day to about 110,000 voters in Baltimore city and Prince George's County — two jurisdictions with high percentages of black voters — were an effort by the Republican campaign to reduce the number of black Democrats voting in heavily Democratic Maryland. |
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CARRIER iQ, Inc. Sued in Class Action
Headline Legal News |
2011/12/05 18:13
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New York City based Horwitz, Horwitz & Paradis, Attorneys at Law and Los Angeles based Kiesel Boucher & Larson LLP announced this morning that they have filed a nationwide class action lawsuit against Mountain View, California based CARRIER iQ, Inc. on behalf of a class comprised of all persons and entities who own an electronic device, including but not limited to, smartphones, feature phones, tablets, and electronic-readers (collectively, the "Electronic Devices"), in which CiQ's Mobile Intelligence software application is installed.
The class action complaint, which was filed in the United States District Court for the Northern District of California, alleges that CiQ manufactures a software application that, unbeknownst to Class members, was embedded into a wide variety of Electronic Devices, including but not limited to, smartphones, feature phones, tablets, and electronic-readers, purchased by Class members over the past six years. Plaintiff further alleges that CiQ utilized its software application to illegally intercept, collect, and share the data and communications sent or received by Class members over their Electronic Devices in which CiQ's software application has been secretly installed for approximately six years.
More specifically, Plaintiff alleges that CiQ's software application enabled CiQ to illegally intercept and monitor all communications that are sent to, and received by, an Electronic Device in which CiQ's software is installed. CiQ's software does so by: (i) intercepting and recording all keystrokes depressed on the Electronic Devices; (ii) intercepting, reading and displaying the actual text of all text messages sent from, or received by, the Electronic Devices; and (iii) intercepting, reading and displaying all Internet browser searches conducted on private Wi-Fi networks
In commenting on the allegations of the Class Action Complaint, Plaintiff's attorney Paul O. Paradis remarked, "The vast nature of CiQ's illegal interception activities and the fact that the Company's illegal activities were able to be conducted without detection for nearly 6 years is frightening. In the digital age in which we live, the revelation of CiQ's illegal electronic interception activities is a watershed moment for privacy advocates around the world and serves as an alarming wake up call to all of us who are concerned about protecting the privacy of confidential communications of any type." Attorney Paul Kiesel added, "At this juncture of the litigation, it appears that in excess of 140 million class members were victimized by CiQ's illegal interception activities. That fact, in and of itself, is stunning."
Plaintiff alleges that CiQ's illegal interception and data collection and sharing activities violated both the federal Electronic Communications Privacy Act and California's Invasion of Privacy Act, as well as other laws intended to protect Class member's privacy and property interests. Plaintiff seeks statutory damages, restitution, punitive damages on behalf of himself and all Class members, as well as an injunction enjoining Defendant from continuing the illegal practices complained of in the Complaint.
If you have any information concerning practices complained of in the Class Action Complaint or would like further information regarding this nationwide class action, please contact Paul O. Paradis at 212-986-4500 or e-mail at pparadis@hhplawny.com or Paul Kiesel at 310-854-4444 or email at kiesel@kbla.com.
Horwitz, Horwitz & Paradis, Attorneys at Law, and Kiesel Boucher & Larson, LLP have been retained as two of the law firms to represent the Class. The attorneys at Horwitz, Horwitz & Paradis, Attorneys at Law, and Kiesel Boucher & Larson, LLP have extensive experience in prosecuting class action cases, and have been appointed as Lead Counsel in numerous major class actions by federal and state courts across the United States and have obtained major recoveries on behalf of injured parties. |
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Court reviews Ga. firing of transgender woman
Headline Legal News |
2011/12/01 18:06
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A federal appeals court is considering whether a former Georgia state legislative aide who was fired amid her sex change was the target of sexual discrimination.
The 11th U.S. Circuit Court of Appeals on Thursday heard the case of Vandy Beth Glenn, who said in a 2008 lawsuit that legislative counsel Sewell Brumby fired her after she told him she would come to work dressed as a woman as she transitioned from man to woman.
Glenn, formerly known as Glenn Morrison, said she was told she was fired because her gender transition would be seen as "immoral" by Georgia lawmakers.
State attorneys contend they broke no law and said federal laws that guarantee the rights of some minorities don't extend to transgender employees. |
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Court to look at overtime pay for drug sales reps
Headline Legal News |
2011/11/28 17:22
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The Supreme Court has agreed to consider whether pharmaceutical sales representatives can bill their employers for overtime, a case that could affect the pay of tens of thousands of people.
The court said Monday that it will review a federal appeals court ruling that held the sales reps do not qualify for overtime under federal labor law. Other appeals courts have ruled differently and the pharmaceutical industry joined in the call for Supreme Court review.
The sales reps meet with physicians in the hope that doctors will prescribe one company's medicine over another's. Two salesmen who once worked for drug maker GlaxoSmithKline filed a class-action lawsuit claiming that they were not paid for the 10 to 20 hours they worked each week on average outside the normal business day. |
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Defendant in $670M scam enters guilty plea in Va.
Headline Legal News |
2011/11/22 17:49
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A man who cooked the books for a $670 million insurance industry scam pleaded guilty Monday to charges he helped mislead thousands of investors worldwide.
Jorge Luis Castillo, 56, Hackettstown, N.J., entered pleas in U.S. District Court to conspiring to commit mail and wire fraud in U.S. District Court. He is scheduled for sentencing May 22 and could receive up to 20 years in prison and fined up to $250,000.
Castillo, who originally was scheduled for trial in 2012, will assist the government's prosecution of Minor Vargas Calvo, 60, the president and majority owner of Provident Capital Indemnity Ltd., a Costa Rican company. He is scheduled for trial in February. He has pleaded not guilty to similar charges.
The government called Castillo a "gatekeeper" for Provident. As a certified public accountant, he cast himself as an "outside auditor" and falsely reported a rosy financial picture for the company, which had a global client base.
"This is truly an international fraud in scope," U.S. Attorney Neil H. MacBride said in a conference call after Castillo entered his plea. "As a result of Mr. Castillo's crimes, a lot of people lost life savings to life settlement companies because of the worthless guarantees that Mr. Castillo helped create. |
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