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Investor sues SC armored vehicle maker
Class Action News | 2008/03/12 11:52
An investor in an armored vehicle maker has filed a lawsuit claiming several former top executives made millions selling stock while failing to warn shareholders about accounting problems.

The suit against South Carolina-based Force Protection on behalf of shareholder Allan Candelore seeks class-action status. The Post and Courier of Charleston reports the lawsuit claims top company officials did not warn investors about delays in delivering bomb-resistant vehicles to the U.S. military.

Force Protection shares plummeted earlier this month after the company announced it was reshuffling management and told shareholders it had major accounting problems.



Court Blocks Fines Against Reporter
Court Feed News | 2008/03/12 11:43
A federal appeals court on Tuesday blocked fines up to $5,000 that a former USA Today reporter was ordered to pay each day she refuses to reveal her confidential sources for stories about the criminal investigation of the 2001 anthrax attacks.

The appeals court granted the request of Toni Locy, who had been ordered by a federal judge to pay the fines out of her own pocket while she appeals an order finding her in contempt of court.

U.S. District Judge Reggie B. Walton is demanding that Locy provide the names of all dozen or so Justice Department and FBI sources who provided her information for stories on the probe into the anthrax attacks.

The order from the U.S. Court of Appeals for the District of Columbia means Locy will not have to pay the fines or face further sanctions including possibly being sent to jail while her lawyers fight Walton's contempt ruling.

Locy says she cannot recall which of her FBI and Justice Department sources provided her information for two stories about scientist Steven Hatfill. Hatfill has been under scrutiny in the probe and is suing the government for dragging his name into the investigation.

Starting at midnight Tuesday, Locy was to have paid out of her own funds $500 a day for seven days, $1,000 a day for seven days and $5,000 a day thereafter until she was to have appeared in court April 3. At that time, the judge could have ordered further fines or directed that she be sent to jail if she continued to defy him.

Locy says that enforcing the contempt order could have a chilling effect by calling into question the enforceability of reporters' secrecy agreements with public officials.

"I am relieved and thankful that the court of appeals has found that my legal arguments are worthy of consideration," said Locy, a former reporter with The Associated Press who wrote the anthrax stories while at USA Today. She now teaches journalism at West Virginia University.

Appeals court judges Douglas Ginsburg, Judith Rogers and Brett Kavanaugh granted the reporter's request. Ginsburg was appointed by President Reagan, Rogers by President Clinton and Kavanaugh by the current President Bush.

Hatfill's lawyers had asked the appeals court to allow the penalties against the reporter to start immediately.

"There was no whistle-blowing here, no use of an anonymity agreement by a reporter to allow a courageous federal official to expose wrongdoing without fear of retaliation," Hatfill's lawyers wrote.

"The 'leaks' at issue here are disclosures from investigative files about one innocent and uncharged man, designed to convey through cooperative members of the media the false story that the government had made progress in the anthrax investigation," the court filing by Hatfill's lawyers added.

Five people were killed and 17 sickened when anthrax was mailed to Capitol Hill lawmakers and members of the media just weeks after the Sept. 11, 2001, terrorist attacks.

Subsequently, Attorney General John Ashcroft called Hatfill "a person of interest" in the investigation and stories by various reporters including Locy followed. Hatfill had worked at the Army's infectious diseases laboratory from 1997 to 1999. The anthrax attacks remain unsolved.



White House Denies Friction With Fallon
U.S. Legal News | 2008/03/12 11:42
The White House on Wednesday rejected charges that it quashes dissenting views in the military, an accusation brought to light by the resignation of Navy Adm. William J. Fallon as commander of U.S. forces in the Middle East.

For Fallon, the perception of a disagreement with Bush's policies on Iran rather than an actual rift was enough reason to step down.

"Recent press reports suggesting a disconnect between my views and the president's policy objectives have become a distraction at a critical time and hamper efforts in the Centcom region," Fallon said in a statement Tuesday in which he announced his resignation as head of U.S. Central Command, arguably the most important in the U.S. military.

Democrats seized on Fallon's resignation as an opportunity to criticize Bush.

"Over the last seven Bush years, we've seen those who toe the company line get rewarded and those who speak inconvenient truths get retired," Sen. John Kerry, D-Mass., said in a written statement.



Thaksin Pleads Not Guilty in Thai Court
Legal World News | 2008/03/12 08:45
Ousted Thai Prime Minister Thaksin Shinawatra pleaded not guilty Wednesday before the Supreme Court in one of two criminal corruption cases against him.

More than 200 policemen with bomb detectors and five sniffer dogs were deployed around the court where some 400 of Thaksin's supporters waited, many holding portraits of the former leader over their heads.

"The defendant pleaded not guilty of the charges," chief judge Thongloh Chom-ngam told the court, which set the next hearing for April 29. It also excused Thaksin from having to appear at every hearing, as requested by his lawyer.

"We can prove our innocence," said Thaksin, who was ousted in a September 2006 military coup for alleged corruption and abuse of power.

When he emerged after the hearing, some of his supporters burst into tears while others cheered him, shouting "Thaksin, fight, fight."

"Never mind, everything will be OK," Thaksin told one female supporter who cried as she hugged him.

Thaksin's return has stirred the Thai political scene because of suspicions that he will seek a return to power and try to settle the score against those who deposed him.

He has insisted, though, that he has no interest in returning to politics and has said he plans to devote himself to charity work, sports and his family.



Court Reiterates $82.6M Award for Woman
Court Feed News | 2008/03/11 16:46
A California appeals court said a woman who was paralyzed after her Ford Explorer rolled over is entitled to $82.6 million in damages from the automaker. The 4th District Court of Appeal was asked by the U.S. Supreme Court to review the case after Ford Motor Co. appealed the award, arguing that it was being punished even though the design of the vehicle met federal safety standards.

Benetta Buell-Wilson was driving on an interstate east of San Diego in January 2002 when she swerved to avoid a metal object and lost control of her 1997 Explorer, which rolled 4 1/2 times. The mother of two was paralyzed from the waist down when the roof collapsed on her neck, severing her spine.

A jury initially awarded Buell-Wilson $369 million, including $246 million in punitive damages but courts twice cut the size of the award.

The $82.6 million approved by the appeals court Monday includes punitive damages of $55 million.

The Supreme Court wanted the appeals court to determine if its ruling was in line with an earlier Supreme Court decision overturning a $79.5 million punitive damages award in a tobacco case.



Ga. Court Shooting Trial Resumes in July
Court Feed News | 2008/03/11 14:44
The murder trial of accused courthouse shooter Brian Nichols will resume July 10, a judge decided Monday even as he considered hearing the three-year-old case at another courthouse.

The trial was suspended during jury selection in October because of problems funding Nichols' defense. Those problems have not been completely resolved, but Judge James Bodiford has sought to move the case along.

The case will resume with the same jury pool on a date roughly midway between what prosecutors and defense attorneys had sought. At the hearing Monday, prosecutors asked that the trial resume June 16 while the defense wanted a Sept. 8 date.

"This case needs a start date, a real start date," Bodiford said. Now, the question is where to hold the trial.

Up until now, the plan was to hold the trial in the Fulton County Courthouse complex, where the March 11, 2005, shooting spree began.

Defense lawyers had previously asked that the trial be moved to another location in the county, but that request was denied by the previous judge overseeing the case because no other courthouse was suitable or was willing to host the trial.



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