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Philip Morris Takes Case to Supreme Court
Lawyer Blog News | 2010/02/19 17:59

Cigarette maker Philip Morris, a unit of Altria Group Inc., asked the U.S. Supreme Court to overturn a landmark ruling that found the tobacco industry violated federal racketeering laws for deceiving the public about the dangers of smoking.

The U.S. Court of Appeals for the District of Columbia Circuit last year affirmed most remedies that a trial judge imposed against tobacco companies in 2006, which included restrictions on tobacco marketing and a requirement that the industry make corrective public statements about the health effects and addictiveness of smoking.

The appeals court ruled unanimously that there was ample evidence to conclude that the tobacco industry intended to deceive the public about the dangers of smoking. The court also said the government had adequately proved that the tobacco industry was likely to commit future violations of the Racketeer Influenced and Corrupt Organizations Act, or RICO, unless restrictions were imposed.

Philip Morris, whose top brand is Marlboro, said the government is perverting the understanding of the racketeering law.

"Absent further review, the government will henceforth be free to pervert RICO into a device for evading the legislative process, penalizing and chilling public debate on scientific matters, and constraining constitutionally protected speech through vague and sweeping injunctions," Philip Morris said in its appeal.

Other companies targeted by the government include Camel-cigarette maker R.J. Reynolds, a unit of Reynolds American Inc., and Lorillard Inc. They are expected to file appeals to the Supreme Court.



Class-Action Suit Filed Against Google, and Buzz
Class Action News | 2010/02/19 11:15

Law firms in San Francisco and Washington, D.C., Wednesday filed a class-action complaint in San Jose, Calif., federal court against Google, and its Buzz technology, on behalf of Eva Hibnick, a 24-year-old Harvard Law School student.

The suit, reported by ABC News, is the first reported suit filed against Google about Buzz, which unexpectedly exposed relationships users had with others when Google turned on the technology. Google has since offered two methods to turn off Buzz.



Hawaii county sues Merrill Lynch in federal court
Lawyer Blog News | 2010/02/18 22:50

Maui County is suing Merrill Lynch, Pierce, Fenner & Smith Inc. in federal court over access to $32 million invested in student-loan auction-rate securities, county officials announced Wednesday.

The county purchased securities from Merrill Lynch with the understanding they were safe, short-term, liquid investments, the officials said.

"The County of Maui was told that the investments could be easily accessed, just like cash," said Maui Mayor Charmaine Tavares. "Assurances by Merrill Lynch at the time of the investment turned out to be false, and we are seeking justice for the taxpayers of Maui County."

Merrill Lynch spokesman Bill Halldin defended the company.

"We acted appropriately, made relevant disclosures to the county concerning auction rate securities, and intend to vigorously defend ourselves," he said.

County officials said about $44 million in student-loan auction-rate securities (SLARS) were purchased through Merrill Lynch between Aug. 16, 2007, and Jan. 16, 2008, and today, the county owns $32 million of the securities that are not liquid.

"Maui County seeks to recover its money," said Joachim Cox of Goodsill Anderson Quinn & Stifel LLP, special counsel for the county.



Judge Praises Chris Brown's Probation Progress
Court Feed News | 2010/02/18 22:49

A judge is praising Chris Brown's progress on his probation for the beating of ex-girlfriend Rihanna.

Los Angeles Superior Court Judge Patricia Schnegg says Brown hasn't missed a session of domestic-violence counseling and has done 32 days of hard labor in his home state of Virginia.

She also cleared the 20-year-old R&B star to travel out of the United States in May and June for concerts. The exact locations weren't disclosed.

The judge's comments came during a Thursday hearing during which she reviewed Brown's progress with the terms of his probation. Brown was sentenced last year to five years of probation and six months of community labor for the February 2008 attack on Rihanna.



Valrico man arrested for damaging law firm's computers
Criminal Law Updates | 2010/02/18 12:51

The FBI today arrested a Valrico man accused of damaging computers at a Tampa law office.

Edwin Vega Jr., 41, initially ignored agents who went to his house around 9 a.m., according to FBI spokesman David Couvertier. Agents believed Vega was inside his house, along with his wife and possibly one of his three children.

Agents tried telephoning Vega without success, and then brought a hostage negotiator to the home at 1833 Winn Arthur Drive, Couvertier said. The hostage negotiator also could not make contact with Vega, and so a SWAT team was called to the scene.

As the SWAT team was setting up a perimeter, the negotiator tried one more time to contact Vega, who responded and came out of the house, Couvertier said. He was placed under arrest.

Vega was charged in an indictment last week with transmitting a program, information, code and command to computers belonging to the law office of Daniel C. Consuegra, causing at least $5,000 in damages. The offense happened between Aug. 20 and Aug. 30, according to the indictment.



Freedom asks court to OK sale of Ariz. newspapers
Lawyer Blog News | 2010/02/17 17:22

Freedom Communications asked a bankruptcy judge on Tuesday to approve the sale of the East Valley Tribune and several other Phoenix-area publications for about $2 million.

Irvine, Calif.-based Freedom Communications Holdings Inc. put the Tribune up for sale shortly after it filed for bankruptcy protection in September. The company said it planned to close the paper Dec. 31 if no buyer emerged and estimated that shutting it down would cost $1.5 million.

Thirteenth Street Media, a Boulder, Colo.-based company owned by Randy Miller, made an offer for the Tribune in November. Miller expanded his bid in January to include the Daily News-Sun in Sun City, the Ahwatukee Foothills News, Glendale/Peoria Today, Surprise Today, and the Clipper direct-mail coupon magazine.

Because Freedom is under bankruptcy protection, a judge must approve the sale, which is contingent on no better offers being made. The motion filed in U.S. Bankruptcy Court in Delaware said Freedom would accept offers until March 5.

Freedom will continue to publish the papers pending court approval of the sale. Freedom will remain the owner of its other paper in Arizona, The Sun in Yuma.



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