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CA court to mull expiration date for clergy abuse
Lawyer Blog News |
2012/01/05 17:09
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California's highest court is hearing a precedent-setting case that could expose California's Roman Catholic dioceses to another round of clergy abuse lawsuits.
The case being argued Thursday before the California Supreme Court involves six brothers in their 40s and 50s who allege they were molested by an Oakland priest during the 1970s. The priest, Donald Broderson, was forced to retire amid abuse allegations in 1993.
The Oakland Diocese maintains the men are barred from suing because they did not do so during the one-year window the state Legislature opened in 2003 for such complaints to be filed.
The brothers' lawyers contend the time limit does not apply to them because they did not make the link between their psychological problems as adults and what happened to them as children until 2006. |
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Court papers: NYC officer shooting suspect sorry
Criminal Law Updates |
2012/01/05 15:09
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The man charged with murder in the shooting death of a police officer during a botched break-in apologized and said he didn't mean to fire the gun, according to court papers released Wednesday.
Lamont Pride, 27, and four others have pleaded not guilty in the death of Officer Peter Figoski, who was shot once in the face Dec. 12 as he tried to enter the basement apartment, the scene of a reported burglary. While Pride was being driven in a police car to central booking, he told police he was sorry, according to the papers.
"I didn't mean for this to happen," he said. "I didn't want to kill a cop. It went wrong and I'm sorry. I can't take it back," he said, according to the papers.
Through the stack of messy, hand-written statements gleaned from investigators, the plot emerges as a badly-conceived attempt to rob a drug dealer. Authorities said Pride and the others hatched the plot the day before to rob the apartment. Michael Velez, 21, stayed in the getaway car as the four others went in to the dingy, barely finished apartment at 25 Pine St. Ariel Tejada, 22, and Nelson Morales, 27, pistol-whipped the tenant and beat him while they ransacked the place, authorities charged. |
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US Supreme Court asked to ponder drug dog's sniff
Legal Career News |
2012/01/04 11:23
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Franky the drug dog's supersensitive nose is at the heart of a question being put to the U.S. Supreme Court: Does a police dog's sniff outside a house give officers the right to get a search warrant for illegal drugs, or is the sniff an unconstitutional search?
Florida's highest state court has said Franky's ability to detect marijuana growing inside a Miami-area house from outside a closed front door crossed the constitutional line. The state's attorney general wants the Supreme Court to reverse that ruling.
The justices could decide this month whether to take the case, the latest dispute about whether the use of dogs to find drugs, explosives and other illegal or dangerous substances violates the Fourth Amendment protection against illegal search and seizure.
Many court watchers expect the justices will take up the case.
"The Florida Supreme Court adopted a very broad reading of the Fourth Amendment that is different from that applied by other courts. It's an interpretation that a majority of the U.S. Supreme Court will question," said Tom Goldstein, who publishes the widely read SCOTUSblog website and teaches at the Harvard and Stanford law schools.
The case, Florida v. Jardines, is being closely monitored by law enforcement agencies nationwide, which depend on dogs for a wide range of law enforcement duties. |
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Izard Nobel LLP Announces Class Action Lawsuit
Class Action News |
2012/01/04 07:23
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The law firm of Izard Nobel LLP, which has significant experience representing investors in prosecuting claims of securities fraud, announces that a lawsuit seeking class action status has been filed in the United States District Court for the Southern District of New York on behalf of purchasers of the American Depositary Shares of Veolia Environnement S.A. between April 27, 2007 and August 4, 2011, inclusive.
The Complaint charges Veolia and certain of its officers and directors violated the federal securities laws. Specifically, defendants failed to disclose the following adverse facts: (i) that Veolia was materially overstating its financial results by engaging in improper accounting practices; (ii) Veolia lacked adequate internal controls; and (iii) Veolia failed to timely record an impairment charge for its Transport business in Morocco, Environmental Services businesses in Egypt, Marine Services business in the U.S., and for Southern Europe.
On August 4, 2011, Veolia announced its half year results, for the period ended June 30, 2011. The Company reported consolidated revenue of EUR 16,286.7 million and operating income of EUR 252.2 million, compared to EUR 1100.7 million in the prior year period, due to "non-recurring write-downs amounting to EUR 686M." Veolia stated that it would exit certain businesses and certain geographies, including its Transport business in Morocco, Environmental Services businesses in Egypt, Marine Services business in the U.S. and in Southern Europe. On this news, Veolia ADSs fell $4.66 per share.
If you are a member of the class, you may, no later than February 27, 2012, request that the Court appoint you as lead plaintiff of the class. A lead plaintiff is a class member that acts on behalf of other class members in directing the litigation. Although your ability to share in any recovery is not affected by the decision whether or not to seek appointment as a lead plaintiff, lead plaintiffs make important decisions which could affect the overall recovery for class members.
While Izard Nobel LLP has not filed a lawsuit against the defendants, to view a copy of the Complaint initiating the class action or for more information about the case, and your rights, visit: www.izardnobel.com/veolia |
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US judge tosses $322M asbestos lawsuit verdict
Headline News |
2012/01/04 04:24
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A Mississippi judge has thrown out a $322 million lawsuit verdict that had been hailed as the largest asbestos award for a single plaintiff in U.S. history.
The case began to unravel last year after defense lawyers asked the Mississippi Supreme Court to remove the presiding judge because he allegedly neglected to disclose that his parents had been involved in similar asbestos litigation against one of the same companies. A specially appointed judge, William Coleman, issued an order vacating the verdict and award on Dec. 27.
The case from Smith County, Mississippi, involved a lawsuit filed by Thomas Brown, who claimed he had inhaled asbestos dust while mixing drilling mud sold and manufactured by Chevron Phillips Chemical Co. and Union Carbide Corporation. |
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LA arson suspect cursed US days before fires
Criminal Law Updates |
2012/01/03 21:23
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Harry Burkhart watched as his mother was arrested last week on fraud charges from their native Germany, and a day later he exploded in an expletive-laced rant against the U.S. at her court hearing.
That's when, authorities believe, Burkhart, angry over his mother's legal troubles, went on a nighttime rampage of arson attacks starting Friday that terrorized Los Angeles and caused $3 million in damage.
Court documents unsealed Tuesday said Dorothee Burkhart, who is in her 50s, was charged with 19 counts of fraud in Frankfurt, including failing to pay for a 2004 breast-augmentation surgery and pilfering security deposits from renters.
In a brief court appearance, she appeared perplexed, wondering aloud if her son had disappeared or was dead. At one point, she said, he is mentally ill and questioned whether Nazis knew where she and her son lived. |
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