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Judge delays case involving FBI's GPS tracking
Legal Career News |
2011/09/13 13:32
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A federal judge is delaying a college student's lawsuit against the FBI for putting a GPS tracking device on his car without a warrant.
The student, Yasir Afifi of San Jose, Calif., asked for the delay until the Supreme Court decides a related case. The high court plans to hear arguments in the next term over the case of Washington nightclub owner Antoine Jones, convicted of operating a cocaine distribution ring. An appeals court threw out Jones' life sentence because police tracked his Jeep for a month by GPS without a warrant.
Other courts have upheld the use of warrantless GPS tracking.
The FBI admits it put the GPS on Afifi's car, but won't publicly reveal why. The Egyptian-American student says he never did anything to attract the FBI's attention. |
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Former Ukraine PM's trial halted for 2 weeks
Lawyer Blog News |
2011/09/13 09:32
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The judge presiding over former Ukrainian Prime Minister Yulia Tymoshenko's trial unexpectedly postponed hearings Monday for a two-week period, following renewed pressure from the United States and the European Union.
Tymoshenko, 50, the former Soviet nation's top opposition figure, stands accused of abuse of office when signing a natural gas import contract with Russia in 2009. Prosecutors say she violated legal procedures when the deal was signed.
Judge Rodion Kireyev's decision to suspend hearings marks a contrast with how the trial has been rushed over the past two months, drawing complaints from Tymoshenko.
Tymoshenko, who was jailed during the trial early last month on charges of contempt of court, maintains her innocence. She says the trial has been orchestrated by President Viktor Yanukovych to keep her out of political life.
Although a deeply divisive figure in Ukraine, Tymoshenko retains a substantial following and was only narrowly defeated by Yanukovych in last year's presidential election.
The United States and the European Union have criticized the trial as politically motivated.
U.S. Secretary of State Hillary Clinton together with EU foreign policy chief Catherine Ashton sent Yanukovych a letter regarding the Tymoshenko trial Friday, according to an EU official, who spoke on condition of anonymity because of the sensitivity of the issue. He would not discuss the content of the letter and Yanukovych's office declined to comment. |
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Class Action Filed Against Former, Current A&P Execs
Class Action News |
2011/09/12 15:51
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A class action has been filed in the U.S. District Court for the District of New Jersey on behalf of purchasers of the securities of the Great Atlantic & Pacific Tea Co. Inc. (A&P) for the period between July 23, 2009, and Dec. 10, 2010. The complaint, filed Sept. 9 by Robbins Geller Rudman & Dowd LLP, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, Philadelphia and Atlanta, claims that some former and current A&P executives violated the Securities Exchange Act of 1934. A&P itself wasn’t named as a defendant in the action because it filed for bankruptcy protection in December 2010.
Those named in the action are former Executive Chairman and CEO Christian Haub, former CEO and President Eric Claus, former CFO and Treasurer Brenda Galgano, Vice Chairman and Chief Strategy Officer Andreas Guldin, former CEO and President Ron Marshall, and current CEO and President Sam Martin.
The complaint alleges that during the period mentioned above, the defendants failed to disclose material adverse facts about the company’s true financial condition, business and prospects. Specifically, the class action alleges that the executives failed to reveal that A&P was facing increased low-cost competition from retailers such as Walmart and Target, which negatively affected its business and financial condition; that the Pathmark acquisition was a “complete disaster” for the company, as Pathmark’s operations were in far worse condition than had been represented to investors; that A&P wasn’t operating according to internal expectations and couldn’t achieve the guidance endorsed by the defendants; and that, as a result of these factors, the defendants lacked a reasonable basis for their positive statements about the company, its operations and prospects.
The class action seeks to recover damages on behalf of all purchasers of A&P securities during the period noted above. Those who are member of this class can view a copy of the complaint or join the class action online at www.rgrdlaw.com/cases/aandp |
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Pa high court to meet in historic chamber
Lawyer Blog News |
2011/09/12 15:48
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Pennsylvania's highest court plans to convene in a historic chamber in Philadelphia for the first time in more than two centuries.
Tuesday's oral arguments session in the Supreme Court Chamber in Old City Hall will be the first time the justices have used the room since 1802.
The session also will be the first to be videotaped under a court policy announced last month. The Pennsylvania Cable Network plans to record the event and air it Tuesday evening.
Cases to be heard include one involving the state's use of an $800 million surplus from a fund that helps doctors pay medical malpractice premiums to balance the state budget in 2009.
The court is using the historic courtroom as part of a commemoration of Constitution Week, which runs through Saturday. |
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Iowa hiring lawsuit begins Monday
Class Action News |
2011/09/12 14:48
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Trial in a class-action lawsuit alleging racial discrimination against blacks is set to begin in a Polk County District courtroom.
Earlier this month, a judge rejected the state's request to throw out the lawsuit against the state.
Judge Robert Blink disagreed with the state's argument that the case was too broad be legally viable. He said the state agreed years ago to certify the case for class action.
The trial is expected to last three weeks.
The lawsuit was filed in 2007 by 14 people who claim they were denied state positions because they are black. It's grown to cover an estimated 6,000 blacks who sought employment or promotions with the state since 2003. |
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Ex-Mormon bishop pleads guilty to child sex abuse
Criminal Law Updates |
2011/09/12 14:46
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A former Mormon bishop and co-founder of a nonprofit group that helps women and children in Third World villages faces sentencing in November for sexually abusing children.
Lon Harvey Kennard, 69, from Heber City, Utah, pleaded guilty this week to three counts of aggravated sexual abuse of a child. Each count involves a different victim, and carries a sentence of 5 years to life.
The victims were among six children the man and his wife adopted from Ethiopia, where the couple helped establish an orphanage.
The Associated Press isn't naming the man to protect the identity of the victims.
The couple's nonprofit organization provided services to destitute villages in Mexico, Central America, Africa and the Caribbean.
Kennard was initially charged with 43 counts stemming from abuse that began in 1995, around the time the defendant was bishop of his Latter-day Saints ward and one year after he and his wife started the nonprofit agency. |
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