|
|
|
Roche wins U.S. motion in Ventana bid battle
Business Law Info |
2007/08/23 13:21
|
| A U.S. court has granted Roche Holding AG's motion for a preliminary injunction to prevent Ventana Medical Systems Inc. from applying an Arizona anti-takeover law to defend itself against Roche's $3 billion hostile takeover bid. The motion was granted by the United States District Court for the District of Arizona, Swiss drugmaker Roche said on Wednesday. Roche is seeking to acquire Tucson, Arizona-based Ventana, which makes diagnostic tests, for $75 a share. Ventana had wanted to apply an Arizona law that makes it harder for companies to be bought, but the judge ruled that it could not use that law, Roche said. In a separate case, Roche is also contesting a so-called poison pill defense by Ventana, which would give Ventana shareholders rights to buy new shares at half price if Roche acquires 20 percent of the company. Roche said on Tuesday it extended by four weeks the expiry of its tender offer to September 20 from August 23. |
|
|
|
|
|
|
Delphi Corp. Class Action Plaintiffs: Agreement Reached
Class Action News |
2007/08/23 11:27
|
Plaintiffs in a class action against Delphi Corp. (DPHIQ) said they reached an agreement with the Troy, Mich., auto parts maker, which is currently in bankruptcy protection under Chapter 11. A law firm for the plaintiffs said the terms of the proposed agreement include a comprehensive settlement with Delphi's insurers. The firm said the terms of the settlement are currently confidential. The agreement is still pending approval by the bankruptcy court. A spokesman for Delphi could not be reached immediately for comment. |
|
|
|
|
|
|
Ryan hopes to pick his prison
Headline News |
2007/08/23 11:22
|
At the same time that former Gov. George Ryan wages a last-ditch battle to overturn his federal fraud conviction, he is wrangling for his choice of federal prisons should the appeal fail. Prison officials assigned Ryan to the Federal Prison Camp in Duluth, Minn. But Ryan has asked officials to reassign him to a similar facility in Oxford, Wis., Ryan's attorney, former Gov. James Thompson, said Wednesday.
The conditions would be comparable, but the Wisconsin facility is closer to family, Thompson said.
"His wife is elderly, and it will not be easy for her to make a trip in any event," said Thompson, speaking after a hearing Wednesday in federal court in Chicago.
"If there is some rule that prohibits him from going to Oxford, then I suppose they would have to make the trip to Duluth, which is twice as far," Thompson said.
On Tuesday, a three-judge panel of the 7th U.S. Circuit Court of Appeals rejected Ryan's appeal in a 2-1 vote, but it allowed him to remain free on bail while the full court -- made up of 11 judges -- decides whether to review the decision.
At the hearing Wednesday, U.S. District Judge Rebecca Pallmeyer ruled that if the full court declines to hear the appeal, Ryan and co-defendant Lawrence Warner must report to prison within four business days after the appellate court issues its official order.
That official order probably would come within seven days after the full court's decision was announced, lawyers said.
Ryan was convicted in April 2006 on charges that as secretary of state and governor, he doled out sweetheart deals to Warner and other friends and used state resources and employees for political gain.
Ryan was sentenced to 6 1/2 years in prison, while Warner, who also was convicted, was sentenced to almost 3 1/2 years.
The Federal Bureau of Prisons considers requests to place a criminal defendant in a particular prison but doesn't comment publicly on pending requests, spokesman Michael Truman said Wednesday.
Prison officials, he said, decide placement by looking at the space available and factors such as an inmate's age, security designation, length of sentence, history of violence or need for substance-abuse treatment.
Federal prison camps have dormitory-style housing and limited or no fencing, Truman said. Warner, a businessman and Ryan confidant, has been assigned to a federal facility in Colorado, his lawyers said in court. In papers filed Tuesday before the court allowed him to remain free on bail, Warner sought to delay his surrender because of upcoming cataract surgery.
At the hearing on Wednesday, Thompson argued that if Ryan's latest appeal failed, he would need time to put his affairs in order.
But Assistant U.S. Atty. Joel Levin said 72 hours should be enough and that no further court hearings would be needed.
"It seems to me that now is the time the arrangements need to be made," Levin told the judge. "We shouldn't be back in front of you."
Ryan's hopes for a hearing by the full court were buoyed by a blistering dissent by Judge Michael Kanne, who said juror controversies marred the historic six-month trial and deprived Ryan and Warner of a fair trial.
The full appellate court probably will decide whether to hear Ryan's appeal within six to eight weeks. If they decide to take the case, they may take several more months to read the briefs, hold an oral argument and render a decision.
If the appeal fails, Ryan could ask the U.S. Supreme Court to take his case and grant him bail while the matter is pending, Thompson said. But the nation's highest court agrees to hear very few cases.
Thompson didn't rule out seeking a presidential pardon if the Supreme Court refused to take the case, though he said that option hasn't been given any consideration at this point. |
|
|
|
|
|
|
PETA's call in wake of Vick plea plan has merit
Attorney Blogs |
2007/08/23 08:24
|
No matter how you feel about Michael Vick or the folks at People for the Ethical Treatment of Animals (PETA), only a drooling, spiral-eyed sadist would insist that drowning, hanging or electrocuting innocent dogs should be an unpunishable offense, let alone allowing them to rip each other to shreds for fun and profit. Guilty dogs should be included in that statement, too. Now that Vick will cop a guilty plea in a federal dogfighting case loaded with allegations of such hideous, heartless behavior, PETA is calling for the public's assistance in demanding that the NFL add cruelty to animals "in all its forms" to the list of offenses in the league's code of personal conduct. The organization's Web site cites three prior cases -- Falcon tackle Jonathan Babineaux accused in February of beating his girlfriend's pit bull, which later died; ex-Packers/Cardinals/Giants running back LeShon Johnson found guilty in 2004 of involvement in a dogfighting ring; and former Eagles running back Thomas Hamner charged in 2001 with beating his dog. If there's any cosmic justice for all of those poor pooches, Commissioner Roger Goodell will listen to PETA's minions. Of course, if he acts according to PETA's standards, he'll have to suspend a big chunk of the league. PETA is steadfastly against using animals for food, clothing, experimentation, entertainment or "any other purpose" and the NFL is home to more than a few players who avidly "enjoy" hunting. Yep, hunting. Don't think that widely-accepted recreational activity is cruel? That deer or rabbit that just had a shell or arrow put into it and crawled off to bleed to death in the brush will beg to differ, as will the buffalo, boar, elk and more that are sitting ducks in enclosed areas on so-called "canned hunt" farms. And if you go by PETA's standards, fishing is a no-go, too. Think that bass enjoys that hook in the roof of its mouth while it's hauled gasping out of the drink? I know. Get a grip, Rolfe. Personally, I've never understood what's so enjoyable about killing things. The chance to spend time in the great outdoors? Take a hike, son. For food and clothing? Unless you live in the wild, God invented supermarkets, falafel stands and fabrics just for you, Jack. Before we go any further, I plead guilty to sitting at the groaning board each night, belching contentedly as I toss bones over my shoulder. I know that the animals I consume are raised and killed in hellish conditions. It's amazing what a little barbecue sauce can do to a man's conscience. I pass a sheep farm every day and when I think about chasing one of those cute, wooly critters around with a big ol' fork, I realize I'm just a goldplated candy ass who would be slaughtering and butchering fruits and vegetables -- exclusively -- if I had to slaughter and butcher my own meat. I've heard the arguments that hunting helps control certain populations, such as deer, that would otherwise take a big nasty hit from disease and starvation. But whether it comes at the hands of Mother Nature or mankind, cruelty is cruelty. Is cruelty merely defined by the manner and circumstance in which pain and death are inflicted on animals? You bet. So, the NFL's avid hunters and fishers can rest easy, not that the league would ever bow to PETA's standards. After all, this is the ultimate meat-eater league in a sport where tales of coaches strangling a bulldog (Harvard's Percy Haughton in 1908) or having a bull castrated in front of players (Mississippi State's Jackie Sherrill in 1992) to inspire their ferocity are legendary if not always true, as in the case of Haughton. But, in the wake of the Vick case, PETA's plea deserves a sincere nod in the form of stern warnings and penalties from the NFL. The general legal definition of cruelty used by the Humane Society and state chapters of the Society For Prevention of Cruelty to Animals is a reasonable place to start: "Any act of violence or neglect against an animal, causing unnecessary and extreme pain or suffering and death." At the very least, exactly what those acts are should be food for thought. |
|
|
|
|
|
|
Law firm retained despite 'illegal' meeting
Headline News |
2007/08/22 15:27
|
Although its actions were called illegal and one of its members walked out in agreement with that charge, the Common Council voted Tuesday night to retain a law firm to represent the council in arbitration over the police contracts. The council also voted to recommend to the mayor that Vincent Leffredo and Gerald Daley, members of the council, serve as witnesses during the arbitration.
The language of both resolutions was softened from the original after questions of legality under collective bargaining laws and the city charter were raised. Instead of "appointing" council members as witnesses for the arbitration, they were "recommended" to the mayor. And instead of representing the city, the lawyer approved to be retained by the council will simply advise the council members that were recommended to serve as witnesses.
As soon as the night's special council meeting was called to order, it was declared illegal by Deputy Mayor Joseph Bibisi. Bibisi was acting as chairman of the meeting because Mayor Sebastian N. Giuliano was absent in protest.
On Monday, Giuliano declared that everything on the agenda of the meeting was improper. The council does not have the power to appoint witnesses to the arbitration or retain a lawyer, Giuliano said.
Bibisi tried to block the meeting from going forward, citing that the mayor was not properly given notice, or served, making the meeting illegal.
If the meeting was illegal, anything decided in the meeting could be challenged by any member or the public or the police union, said Corporation Counsel William Howard.
Majority Leader Thomas Serra vehemently objected to this assertion and said the mayor had full knowledge of the meeting - that he, in fact, had told Giuliano of the meeting in person. Serra also cited an e-mail from the mayor's office to members of the council, about the meeting, sent on Aug. 10.
That Giuliano knew about that meeting wasn't enough to make it legal, Howard said.
"Notice has to be proper to make the meeting legal," Howard said. "This notice does not conform. The first thing anyone attacks is if the meeting was held legally."
Declaring the meeting illegal was called "pure and utter nonsense to circumvent the political process" by Councilman Vincent Loffredo. Thomas Serra called the actions of Giuliano and Bibisi attempts to shut the council out from negotiations and take away their fiduciary powers.
Despite Republican's protests, the meeting was declared legal by a vote and proceeded, although Councilman David Bauer, agreeing the meeting was illegal, walked out.
The proposed police contracts were voted down by the council in June in a 9-3 vote. The council called this meeting because its members wanted to have the voice of the nine that voted it down heard at the arbitration table, Serra said. |
|
|
|
|
|
|
Ex-Gov. Ryan will remain free during second appeal
Legal Career News |
2007/08/22 15:22
|
Former Gov. George Ryan will remain free while he pursues a second appeal of his sweeping fraud and corruption convictions, the 7th U.S. Circuit Court of Appeals ruled late this afternoon. In a crushing legal blow to the former governor earlier today, a three-judge panel from the appeals court denied Ryan's initial appeal 2-1. The judges found that Ryan received a fair trial last year despite a series of juror controversies.
Though Ryan had been allowed to remain free pending that appeal, the court had warned that Ryan and co-defendant Lawrence Warner would have to report to prison within 72 hours if they lost it. Ryan faces a 6 1/2 -year prison sentence.
This afternoon, however, the court stayed that order, finding that Ryan could remain free while a second appeal plays out. Under this afternoon's ruling, Ryan will remain free until the full 7th Circuit—a group of 11 judges—refuses to hear his case or until the full court hears his case and makes a ruling.
A decision on whether the full court would hear Ryan's case could take about six to eight weeks, and a ruling on the case could take until December or January, according to Joel Bertocchi, an attorney who specializes in appellate law.
In pledging to appeal the three-judge panel's decision, Former Gov. James Thompson, a Ryan attorney, noted this afternoon that Judge Michael Kanne issued "a powerful dissent" in which he concluded that the convictions should be overturned and a new trial held.
"No court anywhere has ever deprived a defendant of his life and liberty under these circumstances," Thompson said, alleging that the verdict was unfair because two jurors were replaced during deliberations.
"We believe they reached the wrong result," Thompson said. Ryan, he said, would appeal to the U.S. Supreme Court if necessary.
In its decision this morning, the three-judge panel found that U.S. District Judge Rebecca Pallmeyer acted within her authority when she replaced the jurors after the Tribune revealed they had failed to disclose information about their criminal backgrounds.
"We conclude that the district court handled most problems that arose in an acceptable manner, and that whatever error remained was harmless," Judge Diane Wood wrote for the panel. "We therefore affirm the convictions."
Ryan was convicted in April 2006 on charges that as secretary of state and governor, he doled out sweetheart deals to co-defendant Warner and other friends and used state resources and employees for political gain.
Warner's conviction also was affirmed today. He was sentenced to almost 3 1/2 years in prison.
Thompson said Ryan was disappointed by the three-judge panel's decision but said he is a "strong guy."
"He's been through a lot," Thompson said. "I worry about him and Mrs. Ryan. But he has faith in the judicial system. He's always had that. He has a very supportive family. . . . He'll take it as it comes day by day."
At the Kankakee home of Ryan and his wife, Lura Lynn, their son Homer Ryan answered the door only to say that the family would not discuss the day's events.
Marie Spalding, 69, who has been Ryan's neighbor for 37 years, said the former governor has "always been there for anybody who ever needed help."
"It's the saddest thing that ever could have happened," she said of the appellate court's decision. "He's a wonderful, wonderful man. He's helped out people in this whole neighborhood."
Another neighbor, Denyell Finch, 27, who lives just a few blocks north of Ryan, said she didn't think he should go to jail. "I don't think it's all his fault," she said. |
|
|
|
|
|
|
Recent Lawyer News Updates |
|
|
Lawyer News RSS
