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.




Fed proposes expanding capital reviews to 35 banks
Legal Topics | 2011/06/11 06:43
The Federal Reserve wants a broader group of banks to provide details each year about their finances, part of an effort to ensure banks can meet their capital requirements and avoid another financial crisis.

The Fed currently requires the nation's 19 largest banks to submit capital plans annually. The proposal unveiled Friday would expand the list to the 35 largest banks by requiring firms with assets of $50 billion or more to submit annual plans.

Capital is the amount of reserves that a bank holds as a cushion against losses. If the Fed determines a bank doesn't have adequate capital, it can order it to stop paying dividends to stockholders. The central bank is taking comments on the proposal through August and has plans to implement it by January.

The financial overhaul law passed last year directed federal regulators to do a better job monitoring the level of capital that banks keep on hand. Banks have been fighting many of the more stringent controls being imposed under last year's legislation. They contend the tighter rules are not necessary and will restrict their ability to make loans.


Lawyer: Baseline Killer suspect a 'ravenous wolf'
Legal Topics | 2011/06/07 16:16
Graphic images of dead people flashed across courtroom televisions as the victims' families looked on, weeping and consoling one another. Some had to leave to collect themselves.

For the first time since the nine victims were killed in 2005 and 2006, the man accused of the crimes is on trial for murder. The prosecution and defense delivered their dramatic opening statements Monday in the trial against Mark Goudeau, who is accused of being the so-called Baseline Killer.

Goudeau, 46, is also accused of dozens of other crimes, including rape and child molestation. His trial is expected to last nine months, with testimony resuming Tuesday.

Goudeau has pleaded not guilty. If convicted of murder, he could face the death penalty.

Prosecutor Suzanne Cohen told jurors that Goudeau was driven by a hunger to rape, and the victims who didn't cooperate were shot point-blank in the head.

"Beware of the predator that comes to you wrapped in sheep's clothing because he is a ravenous wolf," Cohen said. "Mark Goudeau is that ravenous wolf, and you shall know him by his deeds."

Cohen said "the only thing that matched his hunger to rape was his determination to not get caught and not be sitting in this chair."

"Those innocents did nothing wrong but cross his path while he was hunting," she said.

In his opening statement, defense attorney Randall Craig said there was a serious lack of DNA evidence in the case, and he questioned the integrity of the investigation.


Senate confirms Obama lawyer as solicitor general
Legal Topics | 2011/06/07 16:16
The Senate has confirmed White House lawyer Donald Verrilli Jr. to succeed Justice Elena Kagan as U.S. solicitor general.

With the 72-16 vote, Verrilli will fill a post that has been vacant since the Senate voted Kagan to her Supreme Court seat last August. The solicitor general represents the executive branch of government before the Supreme Court.

President Barack Obama named Verrilli as Kagan's successor last January. A month ago, the Senate Judiciary Committee approved the nominee by a 17-1 vote.

Verilli has most recently served as a deputy counsel to Obama. He previously worked at the Justice Department as an associate deputy attorney general.


NJ mom accused of starving child pleads not guilty
Legal Topics | 2011/06/02 15:53
Two women pleaded not guilty Wednesday to charges of child endangerment a week after an 8-year-old was found dead in their apartment from severe malnutrition and an untreated broken leg and her injured and emaciated siblings were removed alive.

The children's 30-year-old mother, Venette Ovilde, stared blankly and answered a judge's questions in a barely audible whisper as she entered her plea through a court-appointed attorney. She remains held on $500,000 bail on aggravated manslaughter and child endangerment charges.

Her 23-year-old roommate, Myriam Janvier, also pleaded not guilty through a court-appointed attorney to child endangerment charges. Her bail was continued at $100,000.

Christiana Glenn died May 22 from severe malnutrition and a fractured femur that authorities said had never been treated. Her 7-year-old sister and 6-year-old brother remained hospitalized for treatment of malnutrition and other injuries after being removed from Ovilde's Irvington apartment.

The children were discovered after the police were called to the home on a report of a child not breathing.

The women, who were both born in Haiti but came to the U.S. at a young age, radically altered their lifestyles about two years ago when they came under the sway of a man they described as their religious leader, according to friends and acquaintances.


Head of Delaware Business Court Joining Law Firm
Legal Topics | 2011/05/21 15:52
The head of Delaware's Court of Chancery, a key venue for matters of corporate law, is taking a job with a California-based law firm.

Chancellor William Chandler III will join Palo Alto-based Wilson Sonsini Goodrich & Rosati on June 18. He had announced in April that he was retiring from the bench. In a statement released by the firm Thursday, Chandler said Wilson Sonsini has an outstanding legal practice and one of the most enviable client bases in the nation.

Chandler has served on the chancery court since 1989 and was appointed to the top post of chancellor in 1997.

He has presided over many high-profile cases, involving companies such as Walt Disney Co., Yahoo Inc., Microsoft Corp., News Corp., eBay Inc., Citigroup Inc., Hewlett-Packard Co. and Dow Chemical Co.


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