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AP sues Supreme Court administrator over FOIA
Lawyer Blog News |
2008/05/01 17:25
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The Associated Press has filed a lawsuit over a Freedom of Information Act request against the administrative director of the West Virginia Supreme Court, seeking the phone records and visitor logs of one of the justices.
AP filed the suit April 30 in Kanawha Circuit Court against Steve Canterbury. The AP is seeking all communications from Jan. 1, 2006, to the present between Justice Spike Maynard to any employee of Massey Energy Co., including Don Blankenship and Brenda Magann.
The suit was filed against Canterbury as he has possession and control over the records requested by the AP, which include all e-mails and phone records, including cell phone calls.
The AP also requested visitor logs pertaining to Maynard.
Canterbury has refused requests from AP reporter Lawrence Messina, who first asked for the records Jan. 16, 2008, and two times after.
In a letter to Canterbury, state Supreme Court general counsel J. Kirk Brandfass said in reference to the FOIA, West Virginia Code uses the term "public body" to include "judicial departments," but claims the term refers to the administrative functions of the Supreme Court, not the Justices themselves.
In a statement released by Canterbury, he says releasing the information will set a bad precedent and have long-term ramifications.
"While is it abundantly clear what is at the heart of this particular request, any demand for the disclosure of communications or information of West Virginia Supreme Court Justices has effects well beyond any singular request," Canterbury said. "The disclosure of the requested information sets a bad precedent, is likely unconstitutional, and has long-range ramifications."
Canterbury said the results of this case could affect not only Supreme Court Justices, but also Circuit Judges, Family Court Judges, Juvenile Court Judges, Magistrates and Mental Hygiene Commissioners.
Also in the statement, Canterbury said the judiciary is an independent branch of state government, entitled to conduct its business under rules put in order by the Supreme Court. He said the legislative branch, through the FOIA statue, cannot require the judicial branch of government to disclose the communications of its members.
"The idea that all judicial records are subject to a FOIA request by any person or entity for any reason is clearly contrary to the sound administration of our system of justice," Canterbury said.
However, the AP claims the refusal to disclose the records is unlawful. It seeks injunctive relief seeking the records.
Attorneys Rudolph DiTrapano and Sean P. McGinley are representing the AP. Robert P. Fitzsimmons and Robert J. Fitzsimmons, Daniel J. Guida, Bill Wilmouth and Ancil Ramey are representing Canterbury. |
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Obama, Clinton court working families
U.S. Legal News |
2008/05/01 16:26
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Barack Obama teamed up with wife Michelle on Wednesday to court working families with a little kitchen table conversation about tax cuts. Rival Hillary Rodham Clinton hitched a ride in a pickup truck to a gas pump to illustrate the pain inflicted on ordinary families by skyrocketing prices. Clinton was underscoring her call for a summer-long hiatus on collecting the federal gas tax by pulling into an Indianapolis gas station with sheet metal worker Jason Wilfing, 33, who pumped regular unleaded. "Sixty-three dollars for just about half a tank," exclaimed Clinton. Wilfing told Clinton that the high price of gas means his family won't be able to take an annual summer trip to Lake Michigan. The Obamas headed to suburban Beech Grove, where they had lunch and chatted with Mike and Cheryl Fischer, hearing their stories of struggle. He's a machinist at a local Amtrak facility where 77 jobs are threatened this summer. "They say it's not personal," Fischer said. "Yes, it is very personal." Their tactics were different, but the goal for both Democratic presidential candidates was to connect with blue-collar workers who will play a key role in primaries Tuesday in Indiana and North Carolina. In addition to a frenetic campaign schedule, Obama is running about $2.8 million in ads in Indiana and about $2.5 million in North Carolina, oupacing Clinton's spending by about 2-to-1 in each state. Clinton began airing new ads in the states this week. One that is running in both states points out that she has called for a freeze in foreclosures and a summer-long suspension of the gasoline tax and that Obama has opposed both steps. She also is airing an ad in North Carolina featuring noted poet Maya Angelou and one in Indiana that invokes the memory of her parents and growing up in Illinois. Obama on Wednesday responded to Clinton's housing and gasoline price ad with a 60-second spot airing in both states. In the ad, Obama likens the benefits of a gas tax suspension to "half a tank of gas." Another ad in North Carolina focuses on education and urges parents to turn off the television set and read to their children. |
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Another record number of warrants for secret spy court
Legal Career News |
2008/05/01 15:25
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The nation's spy court approved a record number of requests to search or eavesdrop on suspected terrorists and spies last year, the Justice Department said Wednesday. The Foreign Intelligence Surveillance Court approved 2,370 warrants last year targeting people in the United States believed to be linked to international terror organizations. That figure represents a 9 percent increase over 2006. The number of warrants has more than doubled since the terrorist attacks of 2001. The secret intelligence court was established in 1978 to oversee government requests to conduct surveillance on suspected spies inside the U.S. The court denied three warrant applications in full and partially denied one, the Justice Department said. Eighty-six times judges sent requests back to the government for changes before approving them. Those oversight numbers also represent an increase over last year, when the court partially denied only one application and required changes to 73 applications. Because the workings of the court are secret, however, it's impossible to know whether that increase was due to more court oversight, more aggressive government efforts or simply the nuances of individual cases. |
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Coughlin Stoia Files Class Action Suit against Arbitron
Class Action News |
2008/05/01 10:28
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Coughlin Stoia Geller Rudman & Robbins LLP (“Coughlin Stoia”) today announced that a class action has been commenced on behalf of an institutional investor in the United States District Court for the Southern District of New York on behalf of purchasers of Arbitron, Inc. (“Arbitron” or the “Company”) (NYSE:ARB) common stock during the period between July 19, 2007 and November 26, 2007 (the “Class Period”). If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff’s counsel, Samuel H. Rudman or David A. Rosenfeld of Coughlin Stoia at 800/449-4900 or 619/231-1058, or via e-mail at djr@csgrr.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.csgrr.com/cases/arbitron/. Any member of the purported class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member. The complaint charges Arbitron and certain of its officers and directors with violations of the Securities Exchange Act of 1934. The Company, through its subsidiaries, provides media and marketing information services in the United States and internationally. The Company's Portable People Meter ratings service is purportedly capable of measuring radio, broadcast television, cable television, Internet broadcasts, satellite radio and television audiences, and retail store video and audio broadcasts. The complaint alleges that, during the Class Period, defendants issued materially false and misleading statements that misrepresented and failed to disclose: (i) that the Company's scheduled implementation of its Portable People Meter ratings service in certain major markets was not performing according to internal expectations and the Company was experiencing significant difficulties such that it would have to delay its implementation; and (ii) as a result, defendants lacked a reasonable basis for their positive statements about the timing of the implementation of Arbitron’s Portable People Meter ratings service and the Company's prospects and future earnings. On November 26, 2007, Arbitron announced that "it [would] delay the commercialization of its Portable People Meter (PPM) radio ratings service in nine markets" and that the Company would be revising its financial guidance for 2007 and its outlook for 2008. In response to this announcement, the price of Arbitron common stock declined $7.21 per share, or over 14.74%, to close at $41.70 per share, on unusually high trading volume. Plaintiff seeks to recover damages on behalf of all purchasers of Arbitron common stock during the Class Period (the “Class”). The plaintiff is represented by Coughlin Stoia, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud. Coughlin Stoia, a 190-lawyer firm with offices in San Diego, San Francisco, Los Angeles, New York, Boca Raton, Washington, D.C., Philadelphia and Atlanta, is active in major litigations pending in federal and state courts throughout the United States and has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of human rights violations. The Coughlin Stoia Web site (http://www.csgrr.com) has more information about the firm. |
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Court tosses out NYC lawsuit against gun industry
Lawyer Blog News |
2008/04/30 15:37
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A federal appeals court has thrown out New York City's lawsuit claiming the gun industry sells firearms with the knowledge that they can be diverted into illegal markets. It is one of several suits that cities have filed against gun makers. The 2nd U.S. Circuit Court of Appeals ruled Wednesday that federal law provides the gun industry with broad immunity from lawsuits brought by crime victims and violence-plagued cities. The lawsuit said the industry violated public nuisance law by allowing widespread access to illegal firearms. |
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Answers to tax rebate questions
Lawyer News |
2008/04/30 13:47
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Q: When do I get my economic stimulus payment (aka tax rebate)?
A: Some people may actually see their money as early as today. Here's the schedule, if you filed your federal tax return by the April 15 deadline and the IRS processed it by then. If you filed jointly, the Social Security number listed first will determine when you'll get your rebate. If you sign up for direct deposit on your tax return, find the last two digits of your Social Security number to determine when the tax rebate will be deposited into your account:
00 - 20, May 2
21 - 75, May 9
76 - 99, May 16 If you didn't sign up for direct deposit, expect a paper check in the mail during these dates, according to the last two digits of your Social Security number:
00 - 09, May 16
10 - 18, May 23
19 - 25, May 30
26 - 38, June 6
39 - 51, June 13
52 - 63, June 20
64 - 75, June 27
76 - 87, July 4
88 – 99, July 11 Q: Why did I get less than my friends and neighbors?
A: The economic stimulus payment is based on your 2007 income tax return. Most taxpayers qualify for the maximum payment of $600 for singles or $1,200 for married couples. Many parents also get $300 for each qualifying child, born after Dec. 31, 1990. Here are some reasons the IRS may send you less than the maximum: You are single and your net income tax liability is less than $600. (On Form 1040, your net income tax liability is Line 57, plus the amount on Line 52.) You are married and your net income tax liability is less than $1,200. You are single and your adjusted gross income (AGI) is more than $75,000. (On Form 1040, this is Line 37.) You are married filing a joint return and your AGI is more than $150,000. You owe back taxes. You have federal debts such as unpaid student loans or child-support obligations. Q: I filed my return on time, but still haven't gotten my rebate. The schedule says I should have gotten it by now.
A. The IRS says the payment schedule (listed above) only applies if your return was received and the IRS finished processing your return before April 15. If you filed your return on time, but close to the April 15 deadline, the IRS may not have finished processing it before April 15. If you're expecting a regular tax refund, the IRS will send that to you first. The tax rebate will follow about a week or two later. If you're not expecting a regular tax refund, your stimulus payment should arrive a minimum of six weeks after you filed your return. Q: I filed after April 15, and the payment date for my Social Security number has passed. When will I get my rebate?
A. A minimum of six weeks after you file your return. Q: To which address is the rebate mailed?
A: The rebate will be sent to the last known address the IRS has on file, if you did not elect direct deposit. Q: How do I know if I won't get a rebate?
A: You won't get a rebate in 2008 if any of the following apply: You don't file a 2007 tax return. Your net income tax liability is zero and your qualifying income is less than $3,000. To determine your qualifying income, add together your wages, net self-employment income, nontaxable combat pay, Social Security benefits, certain Railroad Retirement benefits and certain veterans' payments. You can be claimed as a dependent on someone else's return (whether or not you actually are claimed as a dependent on someone else's return). This would include a child or student who can be claimed on a parent's return. You don't have a valid Social Security number. You are a nonresident alien. You file Form 1040NR or Form 1040NR-EZ, Form 1040PR or Form 1040SS for 2007. Q. What happens if I provided the wrong direct deposit information on my return?
A. You can call to notify the IRS, but because of the timing of the refund, it may be difficult to stop the payment. If your rebate is returned by the bank, the IRS will send you a paper check. Q: I used Direct Deposit to split my refund between several accounts when I filed my tax return. Where will the rebate be deposited?
A: If you split your refund between several accounts, you will not get your rebate by direct deposit. The IRS will send you a paper check. Q: What happens to my rebate if I requested a Refund Anticipation Loan (RAL) from my preparer?
A: If you use RALs or enter into any other loan or financial agreement with your tax professional, you won't get your rebate direct deposited. The IRS will send you a paper check. |
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