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Supreme Court to hear Wal-Mart appeal in sex-bias suit
Lawyer Blog News |
2010/12/06 18:08
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The Supreme Court on Monday agreed to hear an appeal in the biggest employment discrimination case in the nation’s history, one claiming that Wal-Mart discriminated against hundreds of thousands of women in pay and promotion. The lawsuit seeks back pay that could amount to billions of dollars. The question before the court is not whether there was discrimination but rather whether the claims by the individual employees may be combined as a class action. The court’s decision on that issue will almost certainly affect all sorts of class- action suits, including ones asserting antitrust, securities and, products liability and other claims. If nothing else, many pending class actions will slow or stop while litigants and courts await the decision in the case. “We are pleased that the Supreme Court has granted review in this important case,” Wal-Mart said in a statement. “The current confusion in class-action law is harmful for everyone — employers, employees, businesses of all types and sizes and the civil justice system. These are exceedingly important issues that reach far beyond this particular case.” Brad Seligman, the main lawyer for the plaintiffs, said in a telephone interview after the court decision: “Wal-Mart has thrown up an extraordinarily broad number of issues, many of which, if the court seriously entertained, could very severely undermine many civil rights class actions. We welcome the court’s review of this limited issue, and we’re confident that the core of our action will go forward.”
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French court: Continental guilty in Concorde crash
Legal Career News |
2010/12/06 16:08
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A French court today convicted Continental Airlines and one of its mechanics for on involuntary manslaughter charges related to the 2000 crash of an Air France Concorde jet, The Associated Press reports. The court ordered Continental to pay Air France $1.43 million for damages to Air France's reputation and an additional fine of $265,000. CNN says "mechanic John Taylor received a fine of 2,000 euros ($2,656) and a 15-month suspended prison sentence for involuntary manslaughter." The crash of the Air France Concorde killed all 109 people on board and four on the ground. AP writes "the presiding judge confirmed investigators' long-held belief that titanium debris dropped by a Continental DC-10 onto the runway at Charles de Gaulle airport before the supersonic jet took off on July 25, 2000, was to blame." The New York Times says "a 2002 report by French air accident investigators concluded that a small strip of metal had fallen off a Continental DC-10 that took off minutes earlier and that the piece punctured a tire of the Concorde as it accelerated down the runway on July 25, 2000. The tire disintegrated in seconds, investigators said, sending shards of rubber into the fuel tanks and causing a catastrophic fire." |
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Prop 8 fight reaches next judicial rung
U.S. Legal News |
2010/12/06 15:10
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A federal appeals court is set to hear arguments on whether California's same-sex marriage ban is constitutional in a hearing to be televised nationally. The three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco will hear arguments Monday on Proposition 8. A trial court judge overturned the voter-approved ban as a violation of gay Californians' civil rights in August. The panel will first consider if the group that put the measure on the ballot is eligible to appeal since its members aren't responsible for enforcing marriage laws. Outgoing Gov. Arnold Schwarzenegger and Attorney General Jerry Brown refused to challenge the ruling. The panel will then hear arguments on the proposition's constitutionality. |
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Madoff trustee sues HSBC for $9 billion
Headline News |
2010/12/06 12:10
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The court-appointed trustee liquidating Bernard Madoff's former investment firm has filed a lawsuit against HSBC for $9 billion for allegedly aiding the most massive Ponzi scheme in history. The trustee, Irving Picard, alleged that London-based HSBC Holdings PLC (HBC) enabled Madoff's fraud "through the creation, marketing and support of an international network of a dozen feeder funds based in Europe, the Caribbean, and Central America," in a statement released Sunday. He claimed that HSBC and the feeder funds funneled more than $8.9 billion to Madoff's fraudulent investment advisory business, and earned hundreds of billions of dollars despite being "well aware" of the fraud after accounting firm KPMG twice notified the bank of "serious risks." "Had HSBC and the defendants reacted appropriately to such warnings and other obvious badges of fraud outlined in the complaint, the Madoff Ponzi scheme would have collapsed years, billions of dollars, and countless victims sooner," Picard said in the statement. David Sheehan, counsel for the trustee, said HSBC and the feeder funds' "financial sophistication" gave them insight to Madoff's scheme "long before his confession and arrest," but "each possessed a strong financial incentive to participate in, perpetuate and stay silent about Madoff's fraudulent scheme." |
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Indians question Colo. firm's motives in vote case
Court Feed News |
2010/12/06 09:11
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The Mountain States Legal Foundation has built a reputation as an influential behind-the-scenes player over the years on conservative legal causes. It has waged battles against affirmative action and protections for endangered species while being bankrolled by some of the most powerful families in the West. The group is now fighting a protracted legal battle with American Indians who believe the organization is trampling on their voting rights in a rural Wyoming county. At issue is a local dispute over the election of county commissioners in Fremont County. Mountain States Legal Foundation has been representing the county pro bono for the last five years in a fight against American Indians who want greater representation on the commission. That Mountain States has waded into such a local dispute further demonstrates the clout it seeks to wield in Western legal disputes, in this case arguing first that the Voting Rights Act of 1965 didn't apply to Indians in Fremont CountyFailing at that, it's now arguing on appeal that a federal judge can't order the county to create separate commission districts. Federal tax records show that the organization's supporters in recent years have included foundations controlled by the Coors brewing family in Colorado and Philip F. Anschutz, a reclusive Denver billionaire with extensive holdings in railroads, energy and communications. |
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Woman admits to perjury in law firm probe
Law Firm News |
2010/12/06 09:11
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A Martinsburg woman has admitted lying to a federal grand jury during an investigation of a law firm where she worked as the office manager. U.S. Attorney William Ihlenfeld II said Wednesday that 52-year-old Nancy Burkhart pleaded guilty Monday to one perjury count. Burkhart admitted giving false testimony to the grand jury in 2006 during a federal and state investigation of billings submitted by the firm to the state Public Defenders Service. Burkhart testified that she didn't know anything about a missing computer server, which she had helped a lawyer remove from the office. |
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