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Class action suit accuses law firm of swindling property owners
Lawyer Blog News | 2007/08/10 10:25
In the eyes of some home owners there seems to be a collection force worse than the IRS: lawyers hired by burdened cities to gather delinquent property taxes.
Representing Pete Gotcher, and all others similarly situated in the U.S., attorney Gilbert T. Adams filed a class-action lawsuit against the Linebarger, Goggan Blair & Sampson law firm, claiming the attorneys suspect collection methods violate the Texas Tax Code.

The suit was filed on Aug. 7 in the Jefferson County District Court.

For more than 30 years Linebarger Goggan has solely focused on collections.

"The early decision to concentrate our energy and resources on delinquent tax collections in Texas led to successes that have elevated Linebarger Goggan from a 'Texas firm' to the national stage," the firm's Web site said. "The firm is now a major player in the collection industry with over 2,800 clients, serving both the public and private sectors from offices in Arizona, California, Colorado, Delaware, Florida, Illinois, Maryland, Missouri, Ohio, Pennsylvania, Tennessee, Texas and Virginia."

According to the plaintiffs' original petition, Linebarger Goggan has been charging and collecting fees from delinquent Texans that are not "expressly provided for in the state's Tax Code."

"Despite the explicit provisions of the Tax Code and defendant's own contracts which define the total compensation due, these defendants wrongfully and deceitfully demand and extract payments from taxpayers in amounts exceeding those permitted by law for abstract or title search fees," the suit said.

The suit says that in some instances the firm and its lawyers benefit directly as "undisclosed principals" while in all instances the "defendants benefit by passing on their overhead expenses to the taxpayers," and in no instances are the fees a "liability of or payable by the taxing entities."

This is not the first suit of its kind. On behalf of Camella O'Brien, plaintiffs' lawyer Adams first filed a lawsuit against Linebarger Goggan back in 2005.

O'Brien's suit also alleged the firm was "deceitfully scheming" money from taxpayers in "amounts exceeding those permitted by law."

In essence, Adams and his clients argue Linebarger Goggan operate an "illegal and deceptive practice," and maximize the firm's partners' profits by extracting money, "which is in addition to statutorily authorized fees to attorneys," from Texas property owners as "fees" not permitted by the Tax Code.

On the other hand, Linebarger Goggan says the firm places honesty and integrity at the center of its professional duty, the firm's Web site stated.

"The firm has made an uncompromising commitment to the highest ethical standards in the collection industry and the practice of law, reflected in the following actions: the retention of an outside ethics advisor who is a former president of the Texas State Bar; and the establishment of an in-house general counsel who developed, implemented and oversees compliance with the firm's current code of ethics."

The four-count suit faults the firm with fraud, negligent misrepresentation, unjust enrichment and civil conspiracy.

"Linebarger Goggan has developed a scheme, plan or system for the extortion of these monies and concealed their misdeeds," the suit said.

The plaintiffs seek a return of the monies allegedly "illegally obtained," common law and statutory damages, exemplary damages, "and to achieve a formal declaration that such fees are not authorized," the suit said.

Judge Gary Sanderson, 60th Judicial District, has been assigned to the case.


Bush Against Raising Gas Tax
Law & Politics | 2007/08/09 15:53
President Bush dismissed Thursday raising the federal gasoline tax to repair the nation's bridges at least until Congress changes the way it spends highway money. "The way it seems to have worked is that each member on that (Transportation) committee gets to set his or her own priorities first," Bush said. "That's not the right way to prioritize the people's money. Before we raise taxes, which could affect economic growth, I would strongly urge the Congress to examine how they set priorities."

About $24 billion, or 8 percent of the last $286 billion highway bill, was devoted to highway and bridge projects singled out by lawmakers. The balance is sent in the form of grants to states, which then decide how it will be spent. Federal money accounts for about 45 percent of all infrastructure spending.

The Democratic chairman of the House Transportation Committee proposed a 5-cent increase in the 18.3 cents-a-gallon federal gasoline tax to establish a new trust fund for repairing or replacing structurally deficient highway bridges.

On terrorism, Bush said he is confident in the ability of Pakistani President Pervez Musharraf to crack down on militants at the Afghan border and cooperate with the U.S.

He said he expected Musharraf to take "swift action if there is actionable intelligence inside his country." Bush refused to address whether the U.S. troops would go into Pakistan without permission from leaders there.

"We spend a lot of time with the leadership in Pakistan talking about what we will do with actionable intelligence," Bush said. "Am I confident they (terrorists) will be brought to justice? My answer is, `Yes I am.' "

Musharraf, a key ally in Washington's fight against terrorism, is under growing U.S. pressure. But the Pakistani leader is under considerable pressure at home too.

He has seen dwindling popular support amid a failed bid to oust the country's chief justice, Iftikhar Mohammed Chaudhry _ an independent-minded judge likely to rule on expected legal challenges to Musharraf's bid for re-election to another five-year term. Musharraf also has been beset by rising violence in the country, particularly following an army raid to end the takeover of the Red Mosque in Islamabad, an operation that left more than 100 people dead.

Speculation that an emergency could be imminent grew after Musharraf on Wednesday abruptly pulled out of a meeting in Kabul with more than 600 Pakistani and Afghan tribal leaders, phoning Afghan President Hamid Karzai to say he couldn't attend because of "engagements" in Islamabad.

At home, Bush ruled out any bailout of homeowners hit with foreclosures in the form of direct assistance. But he said "enormous empathy" is in order for such people and indicated he was open to some federal help for people to refinance and keep their homes.

"The word bailout _ I'm not exactly sure what you mean. If you mean direct grants to homeowners, the answer would be no," the president said.

The delinquency rate on home loans was almost 5 percent in the first three months of the year.

On the controversy of former NFL player Pat Tillman's friendly fire death while serving in the U.S. military in Afghanistan, Bush said "the best way to honor that commitment of his is to find the truth."

He said he expects the military "to get to the bottom" of why Tillman's death was initially explained as the result of enemy fire.

The president described Iran as "a destabilizing influence in the Middle East."

Noting that Iraqi Prime Minister Nouri al-Maliki was in Iran Thursday, Bush said he hoped his message would be the same as the United States' _ that Tehran should halt the export of sophisticed explosive devices into Iraq or "there will be consequences."

He did not say what those consequences would be.

On the U.S. prison at Guantanamo Bay, Cuba, the president pointed the finger at other nations. The U.S. cannot close the controversial facility until other countries agree to take the more than 350 people still there, he said.

"A lot of people don't want killers in their midst," Bush said.

The United States is determined to make sure the worst of them are tried for their alleged crimes, the president said.



Court leaves status of Miss. executions in limbo
Court Feed News | 2007/08/09 14:55
A federal appeals court has refused to consider whether Missouri’s lethal injection method of capital punishment is constitutional, leaving it unclear whether executions will resume in the state. The 8th U.S. Circuit Court of Appeals on Tuesday denied a request by condemned inmate Michael Taylor to consider the question. The inmate’s attorney vowed to appeal to the U.S. Supreme Court.

Taylor had appealed to the full appeals court after a three-judge panel ruled in June that Missouri’s execution procedure is not cruel and unusual punishment. That ruling had overturned another judge’s decision to ban executions until the lethal injection process was reformed.

Taylor’s attorney said Wednesday that she will ask the U.S. Supreme Court to review the case. And while the high court accepts only a small percentage of the thousands of cases it is asked to review each year, “this has a better shot than most,” attorney Ginger Anders said. “It’s an extremely important issue, one that is going on in a lot of states.”

A Kansas City federal judge’s order last year to suspend executions could be lifted within a week, freeing the Missouri Supreme Court to set execution dates.

But if Taylor asks, and the appeals court agrees, the moratorium could continue while the U.S. Supreme Court decides whether to consider his case.

'Step toward resolution'
Brian Hauswirth, a state Corrections Department spokesman, called the ruling “another step toward resolution of the legal challenges to lethal injection.”

Taylor’s case had prompted a federal judge last year to place a moratorium on executions in Missouri. U.S. District Judge Fernando Gaitan Jr. said he wanted to be sure that the three-drug injection method did not cause risk of pain and suffering.

Gaitan wanted the state to involve a doctor specializing in anesthesia, but the state has been unable to find such a doctor willing to participate in the executions.

The three-judge appeals panel on June 4 reversed Gaitan’s ruling, saying the state’s execution protocol “is designed to ensure a quick, indeed a painless, death.”

But Taylor argued the panel focused too narrowly on the protocol rather than how it is implemented, or any accidents or mistakes by staff that may result.

Days after the June 4 ruling opened the way for restarting executions in Missouri, Attorney General Jay Nixon asked the state Supreme Court to set execution dates for 10 condemned inmates — more than one-fifth of the state’s 44 death row inmates.

Drugs contested

The debate centers on the three drugs used in executions. The argument is that if the initial anesthetic does not take hold, a third drug that stops the heart can be excruciatingly painful. But the inmate would not be able to communicate the pain because of a second drug that paralyzes him.

Missouri is among at least nine states that had put executions on hold as they consider whether lethal injection is inhumane.

Taylor was convicted of killing a 15-year-old girl in Kansas City in 1989 after kidnapping her from a school bus stop. He was hours away from being executed in February 2006 when the procedure was halted.

Missouri hasn’t executed an inmate since convicted killer Marlin Gray was put to death in October 2005.



Lawmaker seeks bridge trust fund
Headline News | 2007/08/09 14:53
One weary week after the Interstate 35W bridge collapse, a senior federal lawmaker from Minnesota proposed sweeping legislation to establish a trust fund dedicated to repairing the nation's aging, deficient bridges. The proposal by Rep. Jim Oberstar (D-Minn.), chairman of the House Transportation Committee, would be aimed at repairing 73,784 bridges from coast to coast rated "structurally deficient" -- with a price tag that could be as much as $188 billion by one estimate. House Speaker Nancy Pelosi (D-Calif.) pledged to support the plan.

It could cost Americans dearly: the proposal includes raising federal gas taxes 5 cents from 18.4 to 23.4 cents, at a time when drivers are already reeling from high gas prices. President Bush and several prominent lawmakers have previously opposed gas tax hikes.

"If you're not prepared to invest another 5 cents in bridge reconstruction and road reconstruction, then God help you," Oberstar said, after touring the site of the collapse by helicopter.

Meanwhile, federal investigators seeking a cause for the accident zeroed inon two key factors that could not only explain the collapse but may also have implications for bridge safety nationwide.

One focus of the investigation now centers on how much concrete was on the bridge at the time of the accident and whether the bridge could sustain a load of new concrete as it was being resurfaced. Investigators also identified possible design flaws in "gusset plates" that connected the steel beams in a pattern on the bridge structure.

The concrete on the bridge surface had been poured during the 48 hours before the accident in ongoing summertime resurfacing, although none was poured on the day of the accident, according to National Transportation Safety Board sources.

The uncured concrete that was poured added weight to the bridge deck but because it had not yet set, it added no structural support, they said.

Investigators "obtained core samples of the bridge deck material to get a better picture of the deck thickness to help make an assessment about the amount of concrete on the bridge at the time of the accident," the NTSB said in a statement Wednesday.

As for the gusset plates, a weakness in the design when the bridge was built in the 1960s may have caused the bridge to fall under its load, investigators theorize.

"Safety Board investigators are in the process of verifying the loads and stresses on the gusset plates at these locations, as well as the materials used in constructing the gusset plates," the NTSB said.

Emotions remain high now with bodies still missing in the Mississippi River and a major investigation under way. But with Congress in recess, the ultimate fate of the legislation must await its return. It faces a balancing act with other priorities for spending, including costly wars in Iraq and Afghanistan.

"Last week, the country received a wake-up call with the collapse of the bridge in Minnesota. Our sadness must at least be met with a commitment to address our infrastructure shortcomings," Pelosi said in a prepared address to the National Conference of State Legislatures.

While Pelosi's spokesman, Brendan Daly, said the bill would "come to the floor quickly," its chances of passage are unclear.

Oberstar's chairmanship of the Transportation Committee, along with Pelosi's early endorsement of his efforts, boosts its odds of passing. With the tragedy fresh in their minds, lawmakers have made numerous comments about the need to tackle America's failing infrastructure.

But the measure faces serious hurdles, Congress-watchers say.

In a written statement, Minority Leader John Mica, (R-Fla.) called the legislation "a knee jerk reaction to the critical problem facing our transportation and infrastructure systems."

Thomas Mann, a senior fellow at the Brookings Institution in Washington, D.C., said the packed schedule the House is expected to face in September, combined with the proposed taxes, make it unlikely that Oberstar's legislation will succeed.

"Bush is utterly committed to vetoing any tax increases of any kind and Republicans in general remain opposed to this," he said. "This would probably require a Democratic president."

Estimates vary as to the cost of repairing all 73,784 structurally deficient bridges, but The Associated Press reported that the American Society of Civil Engineers estimates it would require spending at least $9.4 billion a year for 20 years, or $188 billion.

As the political debate swirled, searchers and federal divers worked nearly round-the clock and in painstaking detail to find at least eight people who remain missing. Authorities have mapped 88 vehicles in the river but did not say what was in them. Five people were confirmed dead in the last week and more than 80 injured.


‘Pant Lawsuit’ Judge May Not Be Reappointed
Headline News | 2007/08/09 13:59
The D.C. judge who sued his ethnic Korean dry cleaners for $54 million over a pair of pants will probably have to begin looking for a new job.

A city commission has voted to formally notify Administrative Law Judge Roy Pearson that he may not be reappointed to the 10-year bench, Washington Post quoted a government source as saying Wednesday.

In a letter sent to Pearson Tuesday, the Commission on Selection and Tenure of Administrative Law Judges cited not only Pearson's infamous failed lawsuit against Custom Cleaners, but his work as a judge the past two years, the Post said in its Website.

“Pearson is not out of work yet. The letter is a key step, though, alerting him that his reappointment is in jeopardy. He has 15 days to file a rebuttal and could push for reappointment by appearing before the commission at its next meeting in September,” the Post said.

Pearson has not responded to recent efforts to reach him for comment, including e-mail and telephone messages this week, according to the newspaper.

The commission has been reviewing applications from several administrative law judges seeking reappointment. In a statement, the chairman, D.C Superior Court Judge Robert R. Rigsby, said it has considered all of the applications "thoroughly and thoughtfully," the Website said.


Aguirre files suits against law firm
Lawyer Blog News | 2007/08/09 13:01
City Attorney Michael Aguirre picked a new legal fight for San Diego this week, filing two malpractice suits against a New York law firm that probed the city's financial failures and prepared a report on them a year ago. The lawsuits, which target a high-powered law firm that has handled billion-dollar deals for business clients, were filed without City Council approval. As a result, they will test not only Aguirre's legal strategies, but also new council limits on his ability to file lawsuits without authorization.

Aguirre alleges that Willkie Farr & Gallagher overbilled the city and essentially failed to follow terms of a contract to assist the risk-management firm Kroll Inc. with a project that became an 18-month, $20 million effort.

The suit alleges that the law firm duplicated much of Kroll's work, submitted inadequate bills to disguise that, and went beyond the scope of its agreement, in part by billing the city for “lobbying” meetings with The San Diego Union-Tribune editorial board and the San Diego Regional Chamber of Commerce.

Partner Benito Romano, who led the New York law firm's engagement in San Diego, stood by the firm's work yesterday but declined further comment about the complaint because he hadn't seen it.

In a letter that spelled out its arrangement as “counsel and assistance” to Kroll, the law firm's duties are broadly said to include “other matters that . . . may require inquiry or investigation.”

The two complaints were filed in San Diego Superior Court and could be consolidated. One suit was filed on behalf of the city of San Diego and the other on behalf of California residents, although both basically seek the same results. Aguirre is demanding $29.2 million, a total that is triple the $9.7 million the city paid Willkie Farr & Gallagher.

Outside attorney Bryan Vess, who will work on a contingency basis, filed the lawsuits for Aguirre on Tuesday after Mayor Jerry Sanders and most City Council members had begun vacations timed with a monthlong August recess. Aguirre's office made them public yesterday in response to inquiries.

Councilwoman Toni Atkins was surprised by the filing and looked forward to hearing more about it in a briefing next month.

“I think the council would like to be part of the discussion,” Atkins said. “Which is not to say that we wouldn't agree with him, but we weren't given the chance.”

San Diego's legal bills began piling up after Aguirre was elected in 2004 on a vow to root out corruption at City Hall. Increasingly, the council has argued that it should authorize all of Aguirre's lawsuits because it controls spending, but Aguirre says as the lawyer for San Diego he can file suits as necessary.



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