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Court Rejects Wireless Carriers' Appeal
Court Feed News | 2008/01/22 13:43
In a loss for wireless communications providers, the Supreme Court on Tuesday let stand a lower court ruling preventing the industry from listing taxes and other government fees as separate line items on consumers' bills.

Sprint Nextel Corp. and T-Mobile USA Inc., which is owned by Deutsche Telecom, asked the justices to overturn the ruling. They said in court papers that state and local governments try to "hide" taxes and fees by barring carriers from listing them as separate items, requiring the companies instead to fold them in with the rest of their charges.

Consumer advocates, who support the lower court's ruling, responded that wireless companies frequently add a confusing array of charges that are not always the result of government taxes. Such complaints led the Federal Communications Commission to extend "truth in billing" rules to cell phones in 2005.

The legal question in dispute is whether the FCC was correct when it ruled in 2005 that federal law prohibits the states from barring separate line items. Federal communications law bars state regulation of rates but allows states to regulate "other terms and conditions" of service.

The 11th U.S. Circuit Court of Appeals overturned the FCC in 2006, ruling that line items on bills were "other terms and conditions" that states could prohibit. The justices' decision Tuesday allows that ruling to stand.

The issue is not completely settled, however. The Justice Department's Solicitor General, the Bush administration's lawyer, urged the court to turn down the case, even though the Solicitor General disagreed with the appeals court's ruling.

That's because the appeals court sent the case back to the FCC, and the agency is considering additional grounds for preempting state regulation of the wireless industry, the Solicitor General said. As a result, the issue is not yet ripe for Supreme Court review, the Solictor General said.



De Beers Settles Class Action Suit
Class Action News | 2008/01/22 12:46

De Beers, the world's largest diamond importer, settled a class action lawsuit Monday worth $297 million, which would be divided roughly in half between consumers and diamond merchants and resellers.

The lawsuit charged that De Beers and its subsidiaries violated antitrust, unfair competition and consumer-protection laws by monopolizing diamond supplies, and conspired to control the diamond prices by fixing and raising them as per their discretion.

The South African company, which controls 40 percent of the world's diamond trade. was also charged with false advertising.

Under the settlement, De Beers would pay $22.5 million to the "direct purchaser class members and $272.5 million to "indirect purchaser class members."

Consumers who purchased diamonds from De Beers directly or indirectly between 1994 and 2006 will be eligible to receive a rebate. The rebate amount will be determined based on the quality of the diamond.

The case is being heard in the US District Court for the District of New Jersey. The next hearing in the case is set for April 14.



Kentucky Elk Importation Law Challenged
Legal Career News | 2008/01/22 09:47
A Tennessee elk and bison ranch and a national deer farmers' group are challenging Kentucky's law banning deer or elk from being transported into the state.

Two Feathers Elk and Bison Ranch in McMinville, Tenn., and the North American Deer Farmers Association are asking a federal judge to declare Kentucky's law unconstitutional, arguing that it illegally restricts interstate commerce.

"We don't believe they are interpreting the law properly," said Shawn Schafer, executive director of the deer farmers association, an 800-member group based in Lake City, Minn.

The farm and the group have sued Jonathan Gassett, the commissioner of the Kentucky Department of Fish and Wildlife Resources, and Karen J. Alexy, division director of wildlife for the department, on Friday in U.S. District Court in Lexington.

Phone calls to Gassett and Alexy after 5 p.m. Friday were not immediately returned.

But Morgain Sprague, general counsel for the fish and wildlife department, has sent the attorney for Two Feathers ranch a letter warning that any animals confiscated in Kentucky would be destroyed. He said the law is Constitutional and is being interpreted correctly.

"Your clients are free to use the interstates surrounding the Commonwealth of Kentucky to import cervids into Tennessee," Sprague wrote.

Kentucky state law bans the importation of elk and deer to protect the state's elk and white-tailed deer herds from chronic wasting disease. State officials have enforced the law to prohibit anyone from bringing deer or elk across state lines, even if the animals are destined for another state.

Violating the law is a felony, punishable by up to $10,000 in fines and five years in prison.

That has posed problems for Two Feathers ranch, which wants to ship animals to and from Kansas and pass through Kentucky on the interstate, Schafer said. The ranch applied to Kentucky for permits to transport the animals across state lines but was refused, Schafer said.

But Schafer said he believes the ban violates the Commerce Clause of the Constitution. The Kentucky law is also discriminatory because it allows deer and elk farmers in the state to move their animals around, he said.

Schafer said Kentucky is the only state his group knows of that interprets the law to ban deer and elk from even crossing state lines.

"When I take a load of horses down to Florida, I don't have to call ahead and check with all the states in between to make sure it's OK to drive through," Schafer said.

In September, Wildlife and Fisheries agents arrested Timothy Cory Looper of Livingston, Tenn., as he passed west of Paducah with a load of elk and deer. The animals were destined for a hunting lodge in Tennessee, but the state destroyed the animals.

Looper was charged with six felony counts of illegally importing elk and deer into Kentucky. His case is pending.



Holme Roberts & Owen LLP opens London office
Law Firm News | 2008/01/21 15:58



Denver-based law firm Holme Roberts & Owen LLP said Friday it is opening a London office in partnership with two British attorneys. HRO said that the London firm Grant Dawe LLP -- formed in 2006 by Tony Grant and Jonathan Dawe -- and HRO attorney Paul Thompson will form a London-based partnership as HRO Grant Dawe LLP.

The Denver firm has often worked with Grant and Dawe in the past.

The partnership "will combine Grant Dawe's successful niche corporate practice in the UK with a major U.S. law firm with a significant presence in the United States and a strong international emphasis," HRO said Friday in a statement. HRO already has an office in Munich.

HRO, founded in 1898, is one of Denver's oldest and largest law firms, with about 150 lawyers locally and 250 worldwide.

Besides Denver, London and Munich, the firm has offices in Boulder, Colorado Springs, Los Angeles, Salt Lake City and San Francisco.

http://www.hro.com



Obama Fights Back Against Bill Clinton
Law & Politics | 2008/01/21 15:38

Presidential candidate Barack Obama accused former President Bill Clinton of distorting his words as the Democratic race in South Carolina heated up on Monday.

Meanwhile, Republican presidential hopefuls kept their focus on economics as they began campaigning for the Jan. 29 primary in Florida.

Obama, who was edged out by the ex-president's wife Hillary Rodham Clinton in the Saturday caucuses in Nevada, had harsh words for Bill Clinton, who is beloved in many Democratic circles _ including among many blacks, who could be key to a win in South Carolina's weekend primary.

The former president "has taken his advocacy on behalf of his wife to a level that I think is pretty troubling" by making statement that are not supported by facts, Obama said in an interview broadcast Monday on ABC's "Good Morning America."

The Clinton campaign has suggested it would continue pointing out inconsistencies in Obama's record.

Republicans are preparing for delegate-rich Florida, where the race remains wide open despite John McCain's recent wins in South Carolina and New Hampshire. A win in Florida would afford the candidate a whopping 57 delegates and a huge jolt of energy in the run-up to Feb. 5, when 22 states hold nominating contests.

Clinton and Obama have been locked in a fierce battle for the party's nomination in a history-making campaign that pits a black man and a woman. Obama won the Jan. 3 Iowa caucuses and Clinton emerged triumphant in New Hampshire, five days later.

Their campaign has vacillated between congenial exchanges, a dispute on race and, before Nevada's contest Saturday, charges of dirty politics. So far, no clear front-runner has emerged, making the Jan. 26 contest in South Carolina, where blacks make up about 50 percent of the Democratic electorate, particularly important going into the Feb. 5 de facto national primary.

Trailing candidate John Edwards is looking to make the Democratic contest a three-way race with a strong showing in South Carolina, which neighbors his home state of North Carolina.

Edwards got 4 percent of support in Nevada, compared with Clinton's 51 percent and Obama's 45 percent.

On Sunday, Obama took to the pulpit at Martin Luther King Jr.'s Ebenezer Baptist Church in Atlanta on the eve of the federal holiday marking the civil rights hero's birth 79 years ago. He based his speech on King's quote that "Unity is the great need of the hour."

Obama is counting on blacks to stick with him in South Carolina to halt his losing streak in the last two state races, and his campaign has worked to overcome concerns among black voters that he would not be able to win an election in white America. He lost Nevada despite winning 83 percent of blacks, who made up 15 percent of the total vote.



Lawyer Explains Xbox Class Action Suit
Class Action News | 2008/01/21 14:54
According to lawyer Jason Gibson, the class-action lawsuit filed against Microsoft as a result of Xbox Live's service problems isn't some kind of get-rich-quick scheme, it's an action meant to draw attention to a "serious issue."

Gibson filed the suit on behalf of Keith Kay, Orlando Perez and Shannon Smith, who became incensed when Xbox Live's service was plagued with connectivity issues over the holidays. Smith contacted Microsoft in December in an attempt to determine the cause of the outage, but got in touch with Gibson when he received no response.

As Gibson explained to MTV, the class action suit is a valid way for disgruntled Live subscribers to be heard: "When you have one person who is mad and they can't get a response, and they can't get their complaints addressed by a company like Microsoft, the only way to get their attention is in numbers." According to Gibson, more than 50 people have joined Kay, Perez, and Smith in the suit.

Microsoft has already acknowledged the issues with Live and vowed to recompense subscribers for the outage with a free Xbox Live Arcade game, but Gibson says that the company should have seen these problems coming.

"If they had not anticipated the sales, then they would not have put out that many units of the Xbox to begin with," says Gibson. "They take the money for the subscriptions, but they don't make sure that the service is going to be there."

Though many have suggested that the suit is just an attempt to pick Microsoft's deep pockets, Gibson says he doesn't expect the plaintiffs "to get a windfall or anything like that." What they really want is for Microsoft to "fix the problem. They'd like to be reimbursed for the money they spent when they haven't received the service, and hopefully it will make Microsoft do the right thing in the future."

I agree that Microsoft owes me, and every other Live subscriber, for the amount of time I was paying for Live but unable to access it, but why is this suit continuing forward? Microsoft has already publicly admitted that Live is having problems and promised to make good with subscribers-- a move they made before the suit was filed --so if Gibson is being sincere about his clients' motivations, the suit would seem to serve no further purpose.



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