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Mattel Recalls 9 Million Toys Made in China
Legal World News | 2007/08/14 14:51
Mattel Inc. recalled millions of its Chinese-made toys across Europe on Tuesday, including Barbie and Batman, due to safety concerns.

Millions of toys have also been recalled in the United States due to hazards from small, powerful magnets and lead paint. Shares in the largest U.S. toy company fell as much as 6 percent.

The European Commission, which oversees consumer safety across the European Union, said it had not been notified of any recalls under RAPEX, the bloc's rapid alert system under which countries must immediately report any cases of unsafe products.

A spokesman for Mattel in Belgium said the company had issued a "voluntary recall" of products across the 27-member bloc. He could not say how many products in total would have to be returned across the whole of the EU.

Mattel in Germany said it was recalling 1 million toys from the German market. Nearly 2 million toys sold in Britain and Ireland were being recalled due to concerns linked to small magnetic toys.

Recalls of thousands of toys were also confirmed in the Netherlands, Belgium and Luxembourg.

A total of 18.2 million toys around the world are being recalled, the company said.

In 2006, 48 percent of all products notified under RAPEX originated in China and Brussels warned Beijing last month that the 27-nation bloc would take measures and even ban Chinese products if the situation did not improve.

Earlier this month Mattel recalled 1.5 million of its toys worldwide sold through its Fisher-Price unit and made in China, including popular Sesame Street characters Elmo and Big Bird, over concerns their paint might contain too much lead.

Tuesday's recall concerned a number of Mattel products also sold through Fisher Price including Batman, Polly Pocket, Doggie Day Care, Dora and Pixar Sarge die-cast toy cars, also due to concerns over lead paint linked to health problems in children.

The U.S. Consumer Product Safety Commission said there had been reports of three children swallowing more than one magnet and suffering intestinal perforations that required surgery.

When more than one magnet is swallowed, the magnets can attract each other and cause intestinal perforation or blockage, which can be fatal.



Law Firm Petitions For Access To Bridge Site
Headline News | 2007/08/14 09:02

A law firm asked a federal court to grant its experts immediate access to the Interstate 35W bridge collapse site so they can begin their own investigation into what could lead to wrongful death and personal injury lawsuits. The petition was filed in U.S. District Court here Monday by the law firm of Schwebel, Goetz & Sieben, which specializes in personal injury cases.

In the petition, the firm said it's representing three people severely injured in the Aug. 1 collapse and the families of two people who died in the disaster. It did not identify the victims, and attorney James Schwebel declined to reveal them.

A hearing on the petition was scheduled for 2 p.m. Wednesday before U.S. District Judge Patrick J. Schiltz in St. Paul.

"We are in the very preliminary stage on this," Schwebel said. "We've been retained by several families. We've been contacted by many others. They're obviously wanting to make sure there is some accountability for whoever is culpable for this disaster, and we need to have experts to answer many of these questions for us."

Copies of the petition were served on the offices of the U.S. attorney for Minnesota, the Minneapolis city attorney and the state attorney general because federal, city and state and city agencies are involved in the collapse investigation. Spokespeople for those offices did not immediately return phone calls Tuesday.

The petition said the firm had hired two experts to help it pursue wrongful death and personal injury lawsuits on behalf of its clients, and that they had special training and experience that would "assist a jury in determining negligence and causation issues."

Time is of the essence because the impending dismantling of the wreckage "will forever make it impossible to perform an inspection on the site," the petition said.

Nine people were confirmed dead and four were still missing as of Tuesday, while about 100 people were injured in the collapse.

Wrongful death lawsuits must be filed in three years, but the deadline for negligence suits is longer, Schwebel said.

The state's liability is limited to $1 million, but any lawsuits could also target private contractors and their insurers.



Top political operative Karl Rove quits White House
Law & Politics | 2007/08/14 08:50

Mr Rove, nicknamed "Bush's brain", will step down as Mr Bush's deputy chief of staff at the end of the month to spend more time with his family in Texas.

He will remain covered by the executive privilege of the White House, protecting him from testifying before the Democrat-controlled Congress over a string of political controversies.

But Democrat Senator Charles Schumer said Mr Rove, arch-enemy of the Left for years, would still be required to answer questions over the alleged politically motivated firings of US prosecutors.

"He has every bit as much of a legal obligation to reveal the truth once he steps down as he does today," he said.

His voice faltering, Mr Rove - the most powerful unelected man in Washington - said he would remain unswervingly loyal to Mr Bush, his trusted friend of 34 years.

He said he would be "a fierce and committed advocate on the outside".

Their political partnership spans 14 years from Mr Bush's plan to run for Texas governor.

The surprise surrounding the resignation of the master political and policy tactician 18 months before the end of the presidency cannot be overstated.

It adds to the perception that the Bush Administration, suffering record low approval ratings on the back of the unpopular Iraq war, is running out of steam.

Mr Rove, 56, denied he was forced out.

His departure follows a string of high-profile resignations. The White House officials described it as a "big loss" and said he was "irreplaceable".

Mr Rove, a key architect of the Iraq war and the US response to the September 11, 2001, terror attacks, had widely been expected to stay on to help shape and protect the President's legacy.

The timing means he will be missing from the White House's expected showdown with Democrats in September, when a report on the progress of the war strategy is delivered.

He will still have Mr Bush's ear, and while he will not actively work for any 2008 Republican presidential candidates, he will offer advice.

Mr Bush calls him the "architect", "boy genius", and "turd blossom", a Texan term for a flower that grows in cow dung.

Mr Rove's reputation as a political mastermind was tarnished after the 2006 US midterm elections, when the Democrats won control of Congress.

Mr Rove escaped prosecution over the Valerie Plame-CIA leak case, but is being investigated over the firing of eight federal prosecutors, alleged misuse of White House email accounts, and alleged improper political briefings to government agencies.

An emotional Mr Rove, standing beside a grave-faced Mr Bush, said it was not an easy decision and he was grateful to have been a witness to history.

Mr Bush, who gave a farewell handshake and hug, applauded his service and sacrifice, adding:

"I will be on the road behind you here in a little bit."



Microsoft Pays A Mere $511M in Legal Fees
Lawyer Blog News | 2007/08/13 19:07
Legal payouts of $511 million in one year would be enough to sink many companies. But for Microsoft, it amounts to a small victory.

That's what the Redmond company paid in legal settlements and related expenses in its fiscal year 2007, ended June 30. It was Microsoft's lowest total in years -- down from about $2.3 billion in payouts two years earlier.


But with cases still pending, most notably in Europe, it's not clear if the trend will continue.

The $511 million total for the year included payments in antitrust and unfair-competition class actions, intellectual property claims and a payment to extend a patent agreement with Sun Microsystems, Microsoft said in an Aug. 3 filing with the Securities and Exchange Commission.

During the year, the company's highest-profile antitrust payout was the settlement of a consumer class-action suit in Iowa. Microsoft agreed to pay up to $180 million in that case.

In one sign of the change, legal subjects were barely mentioned during Microsoft's annual meeting with financial analysts in Redmond last month. In years past, antitrust issues weighed more heavily on the minds of analysts.


The Harris Law Firm Adds Family Law Specialist
Law Firm News | 2007/08/13 18:59
The Harris Law Firm announced attorney Carla A. Scarpone has joined the firm.

Prior to joining the firm, Ms. Scarpone worked as a paralegal for Lehman Brothers in New York City, the National Association of Counsel for Children, and the Rocky Mountain Children's Law Center. She also clerked for Denver District Court Judge Robbins.

During her second year of law school at the University of Denver's Sturm College of Law, Ms. Scarpone received the University of Michigan Child Welfare Law Bergstrom Fellowship, and was one of a group of students awarded the Julie A. Nice Award for Outstanding Writing and Research for her contribution to a handbook on domestic violence. In addition to her law degree, Scarpone also earned a Master's in Social Work (MSW) from the University of Denver. She is also a trained and certified Child and Family Investigator (CFI).

About The Harris Law Firm

Established in 1993 by attorney Richard A. Harris, The Harris Law Firm is one of Denver's largest family law firms, and employs a legal team of skilled attorneys, law clerks, and paralegals. In addition to divorce, legal separation, and child custody and support issues, the firm also handles cases that include marital agreements, maintenance, and step parent adoptions.

The Firm represents clients from counties throughout the Denver Metro Area.


Qantas May Face Big US Fines
Lawyer Blog News | 2007/08/13 18:32
QANTAS has admitted it may have to shell out far more than the $47 million set aside to pay potential fines and damages that could arise from a United States price-fixing investigation.

Managing director Geoff Dixon said yesterday that Qantas was not able to estimate the likelihood of fines in jurisdictions outside the US or what the outcome might be of third party class actions launched elsewhere.

Maurice Blackburn Cashman, a Melbourne legal firm of class action specialists, is suing Qantas, British Airways, Japan Airlines, Air New Zealand, Singapore Airlines and Lufthansa over allegations that fuel surcharges introduced in 2000 were artificially inflated.

The law firm alleges the airlines followed an index originally set up by Lufthansa and used it as a mechanism to inform each other how and when surcharges would be imposed.

Kim Parker, a principal of the law firm's major projects division, yesterday appealed to businesses that have shipped air freight over the past seven years to lodge a claim via her firm if they were unduly affected.

Earlier this month British Airways and Korean Airlines agreed to plead guilty in the US courts and pay separate fines of $US300 million ($355.6 million) after admitting their involvement in fixing fares and cargo charges.

At the same time, on the other side of the Atlantic, the UK Office of Fair Trading imposed an additional fine of pound stg. 121.5 million ($289.4 million).

Two other airlines, Lufthansa and Virgin Atlantic, escaped prosecution by admitting their involvement and giving evidence against other carriers to the US prosecutors.

In his official statement yesterday, Mr Dixon said Qantas had thoroughly investigated the matter and was co-operating with regulators in the US, Europe, Australia, New Zealand other jurisdictions.

"These investigations revealed the practice adopted by Qantas Freight and the cargo industry generally to fix and impose fuel surcharges was likely to have breached relevant competition laws," he admitted.

"To date, it has not been possible to quantify any direct or indirect liability associated with these matters.

"We are confident that the unacceptable conduct was limited to a small number of people," said Mr Dixon, adding that it was not appropriate to offer further comment.

Qantas yesterday continued to dismiss speculation it was selling its Frequent Flyer program to the Canadian company Aeroplan which also runs Air Canada's loyalty business.

The Australian carrier's corporate affairs department recycled late yesterday a statement issued on Friday denying that it was about to list the $3 billion-plus business and bring in Aeroplan as a partner.

Qantas fell 4 yesterday to $5.35.


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