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Class action lawsuit filed against Apple
Class Action News |
2007/05/18 18:15
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The law offices of Peter Polischuk and Robert Dreher have filed suit on behalf of a class of plaintiffs alleging that Apple made "false claims" about the superior display capabilities of the MacBook and MacBook Pro. Class participants purport that the following marketing claims were made by Apple: "a nuanced view simply unavailable on other portables; "TFT display with support for millions of colors;" Aperture as "the ultimate photographer's workstation" Those claims are, at least in part, constituent of deception and misrepresentation, according to the plaintiffs, who claim that instead of adhering to the aforementioned degree of refinement, MacBook and MacBook Pro displays have been prone to flaws like "grainy" or "sparkly" quality, banding in gradients, and distracting lines of distortion. The lawsuit even directly references a MacNN forum thread in which users note a distinct "grainy" quality of the MacBook Pro display that is extant regardless of booted operating system (Windows XP or Mac OS X) and non-extant on externally connected displays. The platform independence of this issue, as noted in the thread, is directly referenced as a key proponent of the lawsuit's claim. Posters to that thread also identified a small LCD test application that dramatically exhibits the "sparkle" effect when run on afflicted systems. Another poster to the thread took several pictures of the "grainy" effect. To showcase the defects, the lawsuit claims that Apple's mechanisms for dealing with users experiencing these issues was less than cordial, with class litigants complaining of Apple employees denying requests for exchange or refund on the basis that machines were "within spec" or that users were "imagining" the problems. In addition, the lawsuit claims that Apple routinely corralled discussion of the problems on its own message boards, deleting grievances voiced by users. |
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White House, senators strike immigration reform deal
Lawyer Blog News |
2007/05/18 17:33
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| Key US senators from both political parties and White House cabinet officers reached a tentative agreement on immigration reform on Thursday, after weeks of negotiations. The proposal, which President Bush calls "secure, productive, orderly, and fair", gives more weight to an immigrant's education level than his family connections in the US when awarding green cards. Additionally, illegal immigrants would be able to obtain a probationary card allowing them to live and work legally in the United Sates, but which would not place them on the road to permanent residency or citizenship. Once border security is improved and the high-tech worker identification program is implemented, however, such card-holders would be able to seek permanent residency status. Illegal immigrants would have to pay a $5000 fine plus fees in order to obtain a "Z visa," placing them on an eight- to thirteen-year track toward permanent immigrant status. A temporary guest worker program would also be implemented once the borders are declared secure, and the worker identification program is enacted. Finally, up to 1.5 million migrant farm-workers could obtain legal status through an "AgJobs" measure, supported by Senator Diana Feinstein (D-CA) and Senator Larry Craig (R-ID). AgJobs would be a five year pilot program that would grant legal status to those would have worked in US farms for at least 150 days in the last two years. |
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CA Supreme Court turns down stem cell research case
Legal Career News |
2007/05/18 17:10
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| The California Supreme Court denied review of a lower court ruling Wednesday, effectively allowing the continuation of a state-sponsored program for stem cell research operated by the California Institute for Regenerative Medicine. A California state appeals court upheld the validity of the program in February, writing that it "suffers from no constitutional or other legal infirmity." Commenting on the Supreme Court's action, California Governor Arnold Schwarzenegger said: Today's action by the California Supreme Court is a victory for our state because potentially life-saving science can continue without a shadow of legal doubt. This decision reaffirms voters' will to keep California on the forefront of embryonic stem cell research. California's leadership gives the best promise of finding a cure for deadly and debilitating diseases.
The research program, known as Proposition 71, was approved in a 2004 state referendum by a 59 percent margin. The lawsuit against the program was brought by the California Family Bioethics Council and two anti-tax organizations - the People's Advocate and the National Tax Limitation Foundation. The trial court determined that the stem cell program was being administered with sufficient state control and did not violate ballot initiative or conflicts of interest rules. |
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Men Accused of Killings Plead Not Guilty
Court Feed News |
2007/05/18 15:27
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| Two men accused of killing a couple and their three young sons and setting their home on fire pleaded not guilty Thursday to new charges in a 49-count indictment. Mark Serrano, 29, and Charles Gilleo Jr., 31, each pleaded not guilty in separate arraignments for the deaths of Manuel Morey, Tina Morey and their three young sons , ages 13, 10 and 6. Gilleo and Serrano now face 24 counts of first-degree murder, 11 counts of second-degree murder, two counts of arson, six counts of robbery, two counts of conspiracy to commit robbery, three counts of perjury and one count of conspiracy to commit perjury. The men were first indicted Feb. 9 on 20 counts of first-degree murder. Firefighters discovered the bodies inside the family's rented home after it was reported on fire Jan. 19.
Authorities have said Serrano and Gilleo were partners with Manuel Morey in a small drug dealing operation. Police said Serrano and Gilleo went to the family's home to attempt to steal illegal drugs, and during the robbery Tony Morey and his wife were shot and the three boys were stabbed. Attorneys for Serrano and Gilleo could not be reached late Thursday. The new murder charges include five counts of intentional murder and six counts of felony murder causing someone's death while committing another felony. Second-degree murder carries a maximum sentence of 25 years to life in prison. The first-degree murder charges are punishable by life in prison without the possibility of parole. Both men are being held without bail. |
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Former Wilton Mayor Pleads Guilty To Drug Charge
Criminal Law Updates |
2007/05/18 14:27
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The former mayor of the eastern Iowa town of Wilton has pleaded guilty to a federal charge of conspiracy to deliver marijuana. Dick Summy was charged last September with distributing and manufacturing about 100 marijuana plants. He entered his plea Tuesday in U.S. District Court in Davenport, but the judge said he'll take a few days to decide whether to accept the plea. At issue is a law that prohibits someone from being prosecuted for the same crime twice.
The prosecutor is concerned that because Summy pleaded guilty to conspiracy to deliver a controlled substance, he could not be tried for conspiracy to manufacture. Summy's attorney said Summy believes he conspired to distribute marijuana but did not conspire to manufacture the drug.
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Pittsfield man guilty of murdering wife
Criminal Law Updates |
2007/05/18 13:28
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A Pittsfield man who stabbed his wife 58 times has been sentenced to life in prison after being found guilty of first-degree murder. Seymour Townsend, 37, was convicted Thursday by a Berkshire Superior Court jury after 4½ hours of deliberations over two days. Townsend repeatedly stabbed Michelle Padgett Townsend, 27, in his Pittsfield apartment in the early hours of March 3, 2006, authorities said.
In a victim impact statement from Padgett Townsend’s mother, Donna Rinaldi, read by District Attorney David Capeless, the victim was described as a giving, loving woman who loved her four daughters. Townsend was the father of the youngest.
"There’s not a second that goes by that I don’t long for her," Rinaldi said. "She was my daughter, and she didn’t deserve to die like this, and I don’t deserve to live through my life like this.
Padgett Townsend’s sister, Brenda LeClair, said she remains bitter.
"Every day, I ask myself, ’Why didn’t he just walk away?’" she said. "I can never forgive him for this."
Padgett Townsend’s body was discovered three days after the stabbing covered in a white sheet and lying face down in the living room.
Pittsfield police and city firefighters had broken into the apartment after a Department of Social Services caseworker contacted them, worried because Padgett Townsend had missed a scheduled visit with her children that morning.
The state had removed the children from Padgett Townsend’s care. The couple was separated.
Townsend was apprehended in New York City three weeks after the slaying.
Defense attorney John Kaufman did not dispute that Townsend had killed his wife, but he claimed Townsend had "snapped" during an argument and was guilty of voluntary manslaughter. Townsend’s wife attacked him with a kitchen knife, and he killed her in the "heat of passion," Kaufman claimed in court. Voluntary manslaughter carries a 20-year sentence.
But the prosecution argued that the slaying was premeditated and done with extreme atrocity or cruelty. Padgett Townsend had likely been near death when her husband inflicted the last 11 stab wounds, Capeless said. |
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