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Appeals court backs Chevron in Nigeria dispute
Court Feed News | 2010/09/11 20:36

A federal appeals court in San Francisco has upheld a jury verdict clearing the Chevron Corp. of alleged human rights abuses during a violent 1998 protest on a company oil platform in Nigeria.

The 9th Circuit U.S. Court of Appeals ruled Friday that the lower court judge conducted the 2008 trial that resulted in the verdict without error and instructed jurors properly.

Human rights activists had accused the Nigerian military of attacking protesters on orders from the oil company. The demonstration was over Chevron's alleged pollution of local fishing grounds and farms in the country's oil-rich Delta region.

Two demonstrators occupying the oil platform were killed. The company denied involvement.



Microsoft Scores Court Victory Against Waledac Botnet
Legal Career News | 2010/09/10 15:26

A federal judge has brought Microsoft one step closer to seizing control of 276 domains controlled by the Waledac botnet.

A magistrate judge in the U.S. District Court of Eastern Virginia decided Sept. 3 to recommend that a default judgment be granted in Microsoft's favor. The defendants in the case were given 14 days to object; if they do not, the judgment will be final.

“In this case, Microsoft presented evidence to the court that although the defendants did not come forward, they were aware of the case and actively tried to retaliate, attempting to launch a distributed denial of service (DDOS) attack against the law firm that filed the suit and even going so far as to threaten one of the researchers involved in the case,” according to Microsoft.

The legal action was the result of a joint investigation known as ‘Operation b49’ that also involved Symantec, Shadowserver Foundation, the University of Washington and others. Once capable of sending out more than 1.5 billion spam messages a day, the number of unique infected IP addresses has continued to decline, going from 64,000 during the week of July 23 to 58,000 as of Aug. 30.



Court won't order California to defend Prop 8
U.S. Legal News | 2010/09/10 09:17

California's highest court on Wednesday refused to order Gov. Arnold Schwarzenegger and the state's attorney general to appeal a federal ruling that overturned the state's gay marriage ban.

The state Supreme Court denied a conservative legal group's request to force the state officials to defend the voter-approved ban.

The court did not explain why it rejected the emergency petition filed by the Pacific Justice Institute. The institute had argued that the attorney general and governor were required to uphold all laws, including initiatives passed by voters.

Earlier Wednesday, lawyers for Attorney General Jerry Brown and Schwarzenegger filed letters with the court maintaining state officers have authority to choose which laws they challenge or defend in court.

"The governor, like any litigant, has complete discretion over his own litigation strategy, including whether or not to appeal an order," counsel Andrew Stroud wrote for Schwarzenegger. "Here, the governor exercised his discretion and decided not to file an appeal."

Both men have declined to appeal Chief U.S. District Judge Vaughn Walker's Aug. 4 ruling that found the ban, known as Proposition 8, violated gay Californians' civil rights.



Appeals court ends tattoo parlor ban in Calif city
Court Feed News | 2010/09/10 09:16

A federal appeals court struck down a city ban on tattoo parlors Thursday, ruling the artistic expression is entitled to free speech protection under the U.S. Constitution.

The U.S. 9th Circuit Court of Appeals ordered the Southern California city of Hermosa Beach to allow tattoo parlors to operate.

The city had argued the operations threaten public health and attract an unsavory clientele prone to crime.

Several state courts and federal trial courts have upheld similar bans in other cities across the country.

However, the ruling Thursday was the first by a federal appeals court, meaning such bans are now unconstitutional in the nine western states that must comply with 9th Circuit rulings.

Circuit Judge Jay Bybee, writing for the unanimous three-judge panel, called the city's ban "substantially broader than necessary to achieve the city's significant health and safety interests and because it entirely forecloses a unique and important method of expression."

The court said the ban was an unconstitutional overreaction to health concerns that can be addressed through regulations to ensure sanitation.



Court asked to keep stem cell money flowing
U.S. Legal News | 2010/09/09 14:24
The Obama administration is asking a federal appeals court to lift an order blocking federal funding for some stem cell research, a day after being turned down by the judge who issued the order.

The administration told a federal appeals court in Washington on Wednesday that the order by U.S. District Judge Royce Lamberth stops "funding for embryonic stem cell research in its tracks."

Lamberth rejected the administration's request to let funding continue while it pursues an appeal of his order.

Medical researchers value stem cells because they are master cells that can turn into any tissue of the body. Research eventually could lead to cures for spinal cord injuries, Parkinson's disease and other ailments.



Statman, Harris & Eyrich, LLC Announces Class Action
Class Action News | 2010/09/09 09:23

The law firm of Statman, Harris & Eyrich, LLC, which has significant experience in class actions, announced today that a class action has been filed against Almost Family Inc. ("Almost Family" or the "Company") for potential violations of state and federal law. The class action was filed on behalf of purchasers of stock during the period of November 4, 2009 -- June 30, 2010 (the "Class Period").

Almost Family, together with its subsidiaries, provides home health services in the United States, operating through two segments, Visiting Nurse and Personal Care.

The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company's operations and its business and financial results and outlook. Defendants misled investors by failing to disclose that: (i) the Company was deliberately increasing the number of unnecessary home therapy visits in order to receive increased Medicare reimbursements; and (ii) as a result of defendants' conduct, the Company's reported sales and earnings were materially inflated. As a direct result of defendants' false statements, Almost Family's common stock traded at artificially inflated prices during the Class Period, reaching a high of $43.96 per shares on April 29, 2010.

On April 26, 2010, the Wall Street Journal ("WSJ") reported that certain home health providers intentionally increased the number of in-home therapy visits to patients to coincide with higher reimbursement rates through Medicare. According to the WSJ article, the percentage of Almost Family patients receiving 10 visits dropped by 39% from 2007 to 2008, when the 10 visit reimbursement bonus was eliminated from Medicare in January 2008.

As a result of the WSJ article, the Company has come under intense scrutiny, including an inquiry by the United States Senate Finance Committee. On July 1, 2010, Almost Family announced that it had been notified that the Securities and Exchange Commission ("SEC") had launched a formal investigation of the Company. Almost Family also announced that it had received a subpoena from the SEC seeking documents related to the Company's "home health care services and operations, including reimbursements under the Medicare home health prospective payment system, since January 1, 2000." As a result of this negative news, Almost Family's common stock fell $3.88 per share or 11.11%, on July 1, 2010, on high volume.

If you purchased shares of Almost Family during the Class Period, you have until October 4, 2010 to ask the Court to appoint you as lead plaintiff for the class. If you would like more information about your shareholder rights, contact attorneys Melinda Nenning or Elizabeth Hutton for further information without any obligation or cost to you at (513) 345-8181, Ext. 3095, or by email at mnenning@statmanharris.com or ehutton@statmanharris.com.

Statman, Harris & Eyrich, LLC has offices in Chicago, Illinois; Cincinnati, Ohio; Dayton, Ohio; and Sarasota, Florida. www.statmanharris.com



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