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McLaren to pay court costs to Ferrari after spying
Legal World News | 2008/07/11 09:36
The McLaren team settled its legal dispute with Ferrari on Friday, agreeing to pay the Italian team's court costs from the Formula One spying scandal.

McLaren apologized last December after Ferrari data and documents were found at its chief designer's home, resulting in a $100 million fine for McLaren and disqualification from the 2007 constructors championship.

McLaren said Friday that both sides had agred to bring the dispute to a final conclusion. The exact terms of the deal were not released, but Ferrari said it would donate the payment from McLaren to charity.

The Italian team said it would continue to pursue its case against former Ferrari mechanic Nigel Stepney. Stepney was head of performance development at Ferrari in July 2007 when the scandal broke after a 780-page technical dossier on Ferrari cars was found at the home of McLaren chief designer Mike Coughlan.

Stepney and Coughlan were later fired by their teams.



Wisconsin law bans sex with dead bodies
Criminal Law Updates | 2008/07/10 16:18
Wisconsin law bans sex with dead bodies, the state Supreme Court ruled Wednesday in reinstating charges against three men accused of digging up a corpse so one of them could have sex with it. The court waded into the grisly case after lower court judges ruled nothing in state law banned necrophilia. Those decisions prompted public outrage and a push by a state lawmaker to make sex with a corpse a crime. In Wednesday's 5-2 decision, the high court said Wisconsin law makes sex acts with dead people illegal because they are unable to give consent.

The ruling reinstates the attempted sexual assault charges against twin brothers Nicholas and Alexander Grunke and Dustin Radke, all 22. The charges carry a punishment of up to 10 years in prison.

Justice Patience Roggensack, writing a majority opinion with three other justices, said state law bans sexual intercourse with anyone who does not give consent "whether a victim is dead or alive at the time."

"A reasonably well-informed person would understand the statute to prohibit sexual intercourse with a dead person," she wrote.

Jefren Olsen, an attorney who represented Radke, said the decision was flawed because the law was never intended to punish necrophilia.

"Obviously, the facts are rather notorious and not the easiest to deal with," he said. "I assume that had some impact."

Police say the three men, carrying shovels, a crowbar and a box of condoms, went to a cemetery in southwestern Wisconsin in 2006 to dig up the body of Laura Tennessen, 20, who had been killed the week before in a motorcycle crash.

Nicholas Grunke had seen an obituary photo of her and asked the others for help digging up her corpse so he could have sexual intercourse with it, prosecutors say.

Authorities say the men used shovels to reach her grave but were unable to pry open the vault. They fled when a car drove into the cemetery and were eventually arrested.

The men were charged with attempted third-degree sexual assault and misdemeanor attempted theft charges. The case has been on hold as prosecutors appealed the dismissal of the assault charges.

Suzanne Edwards, a lawyer representing Nicholas Grunke, said she was disappointed in the decision. She said the men will be arraigned on the charges and have a chance to plead not guilty.

Attorney General J.B. Van Hollen, whose office represented prosecutors in the appeal, praised the decision.

"Words matter and the Legislature chose its words carefully to extend the sexual assault law to those heinous circumstances where a dead person is sexually assaulted, whether or not the defendant killed the victim," he said. "Necrophilia is criminal in Wisconsin."

The decision brings Wisconsin into line with more than 20 other states that prohibit necrophilia or the abuse of a corpse, according to the National Conference of State Legislatures.



Obama targets women's issues with Clinton at hand
Law & Politics | 2008/07/10 12:18
Going after the women's vote, Democrat Barack Obama chastised Republican John McCain on Thursday over his opposition to an equal-pay Senate bill, his support for conservative-leaning Supreme Court justices and his abortion-rights objections.

"I will never back down in defending a woman's right to choose," the likely Democratic nominee said, drawing a sharp contrast with his GOP rival.

"That's what's at stake," Obama added as he campaigned with his half-sister and Hillary Rodham Clinton, the pioneering former first lady he toppled during the Democratic presidential primary, at a "Women for Obama" breakfast fundraiser.

Obama packed his day with female-focused events in New York and Virginia, a reminder of his need to win over women who include some still smarting from Clinton's loss. She had tried to become the first woman to win the White House, and women were her base voters. They took her defeat hard, so much so that even a few are promising to vote for McCain.

Thus, to underscore his differences with McCain on women's issues, Obama cited Senate legislation from the spring that sought to counteract a Supreme Court decision limiting how long workers can wait before suing for pay discrimination.



Dutch court rules in Srebrenica civil suit
Legal World News | 2008/07/10 09:10
A Dutch court ruled Thursday that it has no jurisdiction in a civil suit against the United Nations by survivors of the 1995 Srebrenica massacre in Bosnia, affirming U.N. immunity from prosecution, even when genocide is involved.

A group called the Mothers of Srebrenica was seeking compensation for the failure of Dutch United Nations troops to prevent the slaughter by Serb forces of more than 8,000 Bosnian Muslim males in the U.N.-declared safe zone.

The Hague District Court said the U.N.'s immunity — which is written into its founding charter — means it cannot be held liable in any country's national court.

"The court's inquiry into a possible conflict between the absolute immunity valid in international law of the U.N. and other standards of international law does not lead to an exception to this immunity," the judges wrote in their ruling.

A ruling lifting the U.N.'s immunity could have had far-reaching implications for the way the world body carries out its peacekeeping operations around the world.

At a hearing last month, Dutch government lawyer Bert Jan Houtzagers said that if a Dutch court decided it had jurisdiction in the case, "any court in any country could do so and that would thwart the viability of the United Nations."

Axel Hagedorn, a lawyer for the victims, said he would appeal Thursday's decision. The case could go to the European Court of Human Rights.



Report shows law firm mergers are up
Law Firm News | 2008/07/09 15:48

The second quarter of this year saw the pace of law firm mergers rise sharply in the U.S., according to a new report from legal consultancy Altman Weil Inc.

There were 26 new law firm mergers and acquisitions reported in April, May and June, compared to 18 during the first quarter of the year, according to Newtown Square, Pa.-based Altman Weil.

The largest of the latest law firm combinations was between K&L Gates, a 1,500-attorney firm, and Kennedy Convington Lobdell & Hickman, a 175-lawyer firm.

In Memphis there were no significant mergers reported for the quarter. However, in the previous quarter St. Louis-based Husch & Eppenberger LLC and Kansas City, Mo.,-based Blackwell Sanders LLP finalized their merger, which was first announced last September. Of the two, only Husch & Eppenberger had an office in Memphis.

In July 2007, Memphis-based Baker, Donelson, Bearman, Caldwell & Berkowitz PC merged Atlanta-based Gambrell & Stolz LLP into the firm, adding 36 attorneys.

"Even in a deteriorating economy, law firms continue to pursue a growth strategy via merger and acquisition," said Altman Weil principal Tom Clay in a statement. "And based on our conversations with law firm leaders, we think the pace is unlikely to slow."



GOAA member's firm target of lawsuit
Headline News | 2008/07/09 15:46

A class-action lawsuit filed June 26 in U.S. District Court in Miami accuses an Orlando law firm founded by a member of the Greater Orlando Aviation Authority of racketeering by sending threatening letters that demand money from alleged shoplifters.

According to the complaint, letters from Palmer Reifler & Associates PA say the recipients must pay large fines under state laws or face possible legal action or a "visit from a sheriff."

James Palmer, the senior partner and founder of the firm, was named to the airport board May 23 to a four-year term succeeding Robert Theisen.

The complaint alleges the law firm:

- Sent millions of threatening form letters intended to "harass, intimidate and coerce" people into paying large fines. The suit charges the firm with abusing laws passed in all 50 states as a way for retailers to recover massive losses from retail theft. Under the laws, retailers can seek civil damages and penalties from thieves.
However, a nationally published report contends retailers are supplying the names of those only suspected of shoplifting, even when there is no conviction or solid evidence to indicate guilt.

- Received tens of millions of dollars during the past 20 years at consumers' expense, plus a percentage from the retailers, ranging from 18 percent to 30 percent of the income generated from the letters.
The plaintiffs want to recover their money and stop the alleged harassment by mail and phone, via a jury trial expected later this summer.

It's not the first time Palmer Reifler & Associates have been sued over these types of letters, says Alison Harke, with Harke & Clasby LLP of Miami, one of two firms representing the plaintiffs. However, in previous attempts, the suit either was settled or dismissed. The current approach is to file the lawsuit in federal court under anti-racketeering laws.

Harke says the retailers -- 50 large clients that include Wal-Mart Stores Inc. and J.C. Penney -- may be sued later. Wal-Mart referred requests for comment to its legal department, but no response was received by press time. A spokeswoman at J.C. Penney says her company doesn't comment on pending litigation.

"This is a frivolous lawsuit," says Natt Reifler, a partner and attorney who oversees the recovery law activities of the Palmer firm. It seems to challenge the statutes themselves and the right to send "demand" letters, he says, adding that the process a way to resolve differences without resorting to the courts.

The recovery effort is a legitimate procedure under the law, which doesn't allow for the collection of debt, but for damages and civil penalties, says the lawyer.

Thanks to his firm's actions, retailers have recovered a substantial amount of money over the years, Reifler says. He declines to say how much, but adds that the actions "helps keep prices down," which is a boon for consumers.

"This is an economically viable way for retailers to recover their losses," agrees Daniel C. Johnson, a lawyer specializing in commercial law with the Carlton Fields law firm Orlando office, who is not involved in the case.

"I have not heard of anything I would call an abuse" of the particular laws, adds John Rogers, senior vice president and general counsel for the Florida Retail Federation. He notes that he lobbied on behalf of passage of the recovery laws in Florida.

The law benefits retailers not only by recouping money, but also by reducing the time employees must devote to pursuing cases against shoplifters and in monitoring stores, says Rogers.



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