United Airlines Takes on Pilots Union
Legal Topics | 2008/07/31 16:18
United Airlines wants to put an end to a pilot union's campaign to pressure the airline into reopening union negotiations by urging pilots to refuse voluntary flight assignments and to participate in an organized "sick-out," which forced United to cancel 329 flights between July 19 and July 27.

"United simply cannot afford a repeat of the summer of 2000 and its impact on the Company's customers and employees," the airline claims in Federal Court, referring to a widely publicized slowdown in 2000 that inconvenienced customers and took a toll on United's reputation.

United seeks an injunction barring the Air Line Pilots Association International and its members "from advocating or engaging in any form of job action designed to put economic pressure on United or disrupt its operations."


Bush Approves Military Death Sentence
Legal Topics | 2008/07/30 16:15
President Bush approved the death sentence of Pvt. Ronald Gray, thefirst execution by the military since 1961. The former Army cook wasconvicted by court-martial of two murders and an attempted murder,among other offenses, while serving at Fort Bragg, N.C., in themid-1980s.
    Gray had been charged with four counts of murderand eight counts of rape, and pleaded guilty to two murders and fiverapes in North Carolina state court.
    In a separateproceeding, a court-martial panel convicted him of two counts ofmurder, one count of attempted murder and a slew of other charges,including rape, forcible sodomy and robbery.
    An appeals courtfor the Armed Services rejected Gray's appeal in 1999, and Bushapproved his death sentence on Monday under the Uniform Code ofMilitary Justice.
    "While approving a sentence of death for amember of our armed forces is a serious and difficult decision for acommander-in-chief, the president believes the facts of this case leaveno doubt that the sentence is just and warranted," White House PressSecretary Dana Perino said in a statement.
    The last militaryexecution was ordered by President Dwight Eisenhower in 1957, and wascarried out by hanging in 1961. The U.S. Supreme Court upheld themilitary's use of the death penalty in 1996, but no one in the servicehas been executed since the Eisenhower administration. President JohnF. Kennedy chose to commute a death sentence to life in prison in 1962.
    Currently, six people sit on military's death row at FortLeavenworth, Kan. The president has the final say whether they live ordie.


Actor's Pet Food Co. Sues over Contamination
Legal Topics | 2008/07/29 16:11
Actor and self-professed animal lover Dick Van Patten, owner of Nature Balance Pet Foods, joined the fray of litigants suing over the massive 2007 pet-food recalls spurred by tainted wheat gluten and rice protein from China.

Wilbur-Ellis Co. continued to process contaminated shipments, which Nature Balance unwittingly distributed, the pet-food company claims in Superior Court.

The lawsuit invokes the words of Sir Walter Scott: "Recollect that the Almighty, who gave the dog to be companion of our pleasures and our toils, hath invested him with a nature noble and incapable of deceit." In the next sentence, Nature Balance points out that Wilbur-Ellis "displayed just the opposite nature and as a result pets across the country died and were sickened."

Nature Balance demands actual and punitive damages for its economic losses and severe damage to its reputation.

Van Patten starred in "Spaceballs," "High Anxiety" and numerous television shows.


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.


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."


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.



Bank Of America Seeks Protection
Legal Topics | 2008/07/09 15:50
Bank of America claims members of a "radical anti-tax group" filed bogus papers in court and attempted to "seize" and "foreclose" upon two BofA branch banks. Members of The United Cities Group wore false badges from the "Treasury Department" during their bogus "seizure," which they recorded and posted on YouTube, and they threaten to do again, BofA says.

BofA says the defendant filed a bogus "Notice of Lodgment" and "Notice and Demand" in Miami-Dade County, and tried to execute its claim for a bogus $12.5 billion debt.

"TUC representatives, including Mr. Angel Cruz, when appearing at the branches notified bank employees that they were with the 'Treasury Department' and entered the branched and recorded images of both the interior and exterior of the branches," BofA claims in Federal Court. "Shortly thereafter, TUC posted a press release on its Web site with a link to a YouTube video of the day's events and its plans to 'foreclose' and 'seize' the two Bank of America branches."

The bizarre federal complaint continues: "After 5 p.m. on July 7, 2008, the United States Service notified Bank of America and undersigned counsel that TUC contacted the Secret Service and informed it of TUC's plans to carry out its 'seizure' of the Bank of America branches with TUC's own armed private security officers at 7:30 a.m. on Tuesday, July 8, 2008."

The "purported basis" for these "seizures," according to the complaint, is that TUC has created its own banking system, called the TUC Private Currency Office. "TUC created 'drafts' drawn on its own 'bank.' TUC then attempted to deposit the drafts into an account with Bank of America held by TUC's member organizations, Orlando Escrow Services, Inc., and Miami Nights Corp." BofA says it rejected the fraudulent drafts.

It says the Comptroller of the Currency and the Federal Reserve have issued "Worthless Instrument alerts and fraud alerts regarding checks allegedly drawn on TUC's Private Currency Office."

After BofA rejected the bogus "drafts," it says, TUC sent its members to the Miami branches, with false Treasury Department badges, and video cameras.

"In its video posted on YouTube, TUC professes that it will be 'seizing' the Bank's property located at several bank branches to secure their claim, which totals $15,250,000,000. ...

"TUC's threatened seizures would post a serious and irreversible breach of the security of Bank of America's employees and its customers. Bank of America is in need of this Court's authority to prevent the illegal seizure of its property and to ensure the safety of its employees and customers."

BofA demands a restraining order. Its 8-page complaint is accompanied by 46 pages of exhibits, including TUC's "Notice and Demand," its bank "drafts," and correspondence. Bank of America is represented by Mary Leslie Smith with Foley & Lardner.


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