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Today's Date: U.S. Attorney News Feed
Union to take NSPS case to Supreme Court
Lawyer Blog News | 2007/08/14 18:59
Officials of the American Federation of Government Employees (AFGE) said today they would file an appeal with the U.S. Supreme Court to stop the Defense Department from implementing portions of the National Security Personnel System (NSPS). The officials announced their plans after the U.S. Court of Appeals denied on  Aug. 10 a motion by AFGE and the United Department of Defense Workers Coalition for an en banc, or full court, review of the court's earlier decision upholding NSPS regulations and overturning a lower-court ruling.

AFGE expects this week to file a motion to stay the issuance of the appeals court’s mandate in the case and within 90 days proceed with a petition to ask the Supreme Court to take the case, officials said.

“AFGE has been presented with the opportunity to bring this issue to the honorable justices of the U.S. Supreme Court and will face this head on,” John Gage, AFGE national president, said in a statement. “The [Bush] administration and DOD need to be taken to task on this issue. It’s time to stop the bullying and abuse this administration is directing toward DOD employees.”

Gage added that if NSPS were to be fully implemented, DOD workers “would be subjected to an arbitrary, dishonest and unfair working atmosphere.”

A series of court decisions on NSPS began in February 2006, when a ruling by U.S. District Court Judge Emmet Sullivan gutted NSPS provisions that related to labor relations, collective bargaining, independent third-party review, adverse actions and DOD’s proposed internal labor relations panel. However, on May 18, the Court of Appeals upheld the regulations in a 2-1 decision.


Class Action Lawsuit Filed Against KAL
Class Action News | 2007/08/14 17:59
Korean Air Lines (KAL) was hit with a $300 million fine for price fixing on passenger flights by the U.S. Justice Department and faces a class action lawsuit by American consumers seeking damages, according to reports yesterday. The Seattle-based law firm Hagens Berman Sobol and Shapiro (HBSS) filed a class action lawsuit with the Seattle Federal District Court against KAL on August 8, 2007 on behalf of passengers claiming the airline illegally conspired with competitors to fix pricing for passenger and cargo flights.

The named plaintiff, James Van Horn, filed the suit on behalf of himself and all others who purchased a ticket on Korean Air from January 1, 2000 until at least July 16, 2006, said HBBS.

HBSS managing partner Steve Berman said that the Korean Air’s collusive activities could have affected numerous passengers in both Korea and the U.S., and that HBSS wants those customers to be rightfully reimbursed.

KAL conceded that the airline company is facing a class action suit brought by American consumers and hinted that it will seek a legal response.



Kronick, Moskovitz, Tiedemann & Girard seeks to expand
Law Firm News | 2007/08/14 15:03



The Bakersfield offices of Sacramento-based law firm Kronick, Moskovitz, Tiedemann & Girard are negotiating to add attorneys to its team of five, company executives said Monday.

The firm, which provides legal counsel to a variety of public and private entities in Kern, would not identify the attorneys or firms it hopes to acquire.

A merger with an existing small firm is a possibility, said Chairman Bruce Scheidt.

"The firm's plan is to grow at a controlled rate to meet the needs of our clients," said Brett Price, managing attorney in Bakersfield.

Clients include the Kern County Water Agency, the city of Bakersfield and Kern County.

The firm runs a broad practice, including water law, tax law, real estate development and land use law.

The company also works with public agencies and education districts.

The Bakersfield offices opened in 2000 to serve a growing clientele in the Central Valley, a company news release said.

Much of the firm's increased business stems from the public agency, real estate development and land use portions of the practices, Price said.

"The outlook for Bakersfield is for, hopefully, ongoing growth -- particularly in the commercial real estate area," he said.

The company also opened a San Luis Obispo office on Aug. 1 to work cooperatively with the Bakersfield attorneys.

"We find that a lot of the clients we have -- as well as prospective clients -- have interests both in the San Joaquin Valley and on the Central Coast," Price said.

http://www.kmtg.com



Mattel Recalls 9 Million Toys Made in China
Legal World News | 2007/08/14 14:51
Mattel Inc. recalled millions of its Chinese-made toys across Europe on Tuesday, including Barbie and Batman, due to safety concerns.

Millions of toys have also been recalled in the United States due to hazards from small, powerful magnets and lead paint. Shares in the largest U.S. toy company fell as much as 6 percent.

The European Commission, which oversees consumer safety across the European Union, said it had not been notified of any recalls under RAPEX, the bloc's rapid alert system under which countries must immediately report any cases of unsafe products.

A spokesman for Mattel in Belgium said the company had issued a "voluntary recall" of products across the 27-member bloc. He could not say how many products in total would have to be returned across the whole of the EU.

Mattel in Germany said it was recalling 1 million toys from the German market. Nearly 2 million toys sold in Britain and Ireland were being recalled due to concerns linked to small magnetic toys.

Recalls of thousands of toys were also confirmed in the Netherlands, Belgium and Luxembourg.

A total of 18.2 million toys around the world are being recalled, the company said.

In 2006, 48 percent of all products notified under RAPEX originated in China and Brussels warned Beijing last month that the 27-nation bloc would take measures and even ban Chinese products if the situation did not improve.

Earlier this month Mattel recalled 1.5 million of its toys worldwide sold through its Fisher-Price unit and made in China, including popular Sesame Street characters Elmo and Big Bird, over concerns their paint might contain too much lead.

Tuesday's recall concerned a number of Mattel products also sold through Fisher Price including Batman, Polly Pocket, Doggie Day Care, Dora and Pixar Sarge die-cast toy cars, also due to concerns over lead paint linked to health problems in children.

The U.S. Consumer Product Safety Commission said there had been reports of three children swallowing more than one magnet and suffering intestinal perforations that required surgery.

When more than one magnet is swallowed, the magnets can attract each other and cause intestinal perforation or blockage, which can be fatal.



Law Firm Petitions For Access To Bridge Site
Headline News | 2007/08/14 09:02

A law firm asked a federal court to grant its experts immediate access to the Interstate 35W bridge collapse site so they can begin their own investigation into what could lead to wrongful death and personal injury lawsuits. The petition was filed in U.S. District Court here Monday by the law firm of Schwebel, Goetz & Sieben, which specializes in personal injury cases.

In the petition, the firm said it's representing three people severely injured in the Aug. 1 collapse and the families of two people who died in the disaster. It did not identify the victims, and attorney James Schwebel declined to reveal them.

A hearing on the petition was scheduled for 2 p.m. Wednesday before U.S. District Judge Patrick J. Schiltz in St. Paul.

"We are in the very preliminary stage on this," Schwebel said. "We've been retained by several families. We've been contacted by many others. They're obviously wanting to make sure there is some accountability for whoever is culpable for this disaster, and we need to have experts to answer many of these questions for us."

Copies of the petition were served on the offices of the U.S. attorney for Minnesota, the Minneapolis city attorney and the state attorney general because federal, city and state and city agencies are involved in the collapse investigation. Spokespeople for those offices did not immediately return phone calls Tuesday.

The petition said the firm had hired two experts to help it pursue wrongful death and personal injury lawsuits on behalf of its clients, and that they had special training and experience that would "assist a jury in determining negligence and causation issues."

Time is of the essence because the impending dismantling of the wreckage "will forever make it impossible to perform an inspection on the site," the petition said.

Nine people were confirmed dead and four were still missing as of Tuesday, while about 100 people were injured in the collapse.

Wrongful death lawsuits must be filed in three years, but the deadline for negligence suits is longer, Schwebel said.

The state's liability is limited to $1 million, but any lawsuits could also target private contractors and their insurers.



Top political operative Karl Rove quits White House
Law & Politics | 2007/08/14 08:50

Mr Rove, nicknamed "Bush's brain", will step down as Mr Bush's deputy chief of staff at the end of the month to spend more time with his family in Texas.

He will remain covered by the executive privilege of the White House, protecting him from testifying before the Democrat-controlled Congress over a string of political controversies.

But Democrat Senator Charles Schumer said Mr Rove, arch-enemy of the Left for years, would still be required to answer questions over the alleged politically motivated firings of US prosecutors.

"He has every bit as much of a legal obligation to reveal the truth once he steps down as he does today," he said.

His voice faltering, Mr Rove - the most powerful unelected man in Washington - said he would remain unswervingly loyal to Mr Bush, his trusted friend of 34 years.

He said he would be "a fierce and committed advocate on the outside".

Their political partnership spans 14 years from Mr Bush's plan to run for Texas governor.

The surprise surrounding the resignation of the master political and policy tactician 18 months before the end of the presidency cannot be overstated.

It adds to the perception that the Bush Administration, suffering record low approval ratings on the back of the unpopular Iraq war, is running out of steam.

Mr Rove, 56, denied he was forced out.

His departure follows a string of high-profile resignations. The White House officials described it as a "big loss" and said he was "irreplaceable".

Mr Rove, a key architect of the Iraq war and the US response to the September 11, 2001, terror attacks, had widely been expected to stay on to help shape and protect the President's legacy.

The timing means he will be missing from the White House's expected showdown with Democrats in September, when a report on the progress of the war strategy is delivered.

He will still have Mr Bush's ear, and while he will not actively work for any 2008 Republican presidential candidates, he will offer advice.

Mr Bush calls him the "architect", "boy genius", and "turd blossom", a Texan term for a flower that grows in cow dung.

Mr Rove's reputation as a political mastermind was tarnished after the 2006 US midterm elections, when the Democrats won control of Congress.

Mr Rove escaped prosecution over the Valerie Plame-CIA leak case, but is being investigated over the firing of eight federal prosecutors, alleged misuse of White House email accounts, and alleged improper political briefings to government agencies.

An emotional Mr Rove, standing beside a grave-faced Mr Bush, said it was not an easy decision and he was grateful to have been a witness to history.

Mr Bush, who gave a farewell handshake and hug, applauded his service and sacrifice, adding:

"I will be on the road behind you here in a little bit."



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