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LA sheriff under fire after report slams jails
Lawyer Blog News | 2011/09/29 17:35
Los Angeles County's longtime sheriff is facing one of the toughest attacks of his 13-year term, after a civil rights group demanded his resignation and claimed he looked the other way while his sprawling jail network became co-opted by violent and corrupt deputies who routinely abuse inmates.

Sheriff Lee Baca, whose deputies oversee about 15,000 inmates in the nation's busiest jail system, said he welcomed the criticism but disputed the claims made Wednesday by the American Civil Liberties Union. He said he had no intention of stepping down.

The ACLU demanded the four-term sheriff's resignation, saying he and his top commanders are willfully indifferent to claims made by inmates and civilian jail visitors that deputies routinely viciously assault inmates.

In one case, an inmate at the downtown Men's Central Jail said deputies accused him of stealing mail then punched him, breaking an eye socket, and marched him naked to a cell occupied by two gang members.

Deputies repeatedly ignored the man's cries for help as the gang members raped him while another inmate flushed his head down a toilet to muffle his screams, the man, who had been jailed for making criminal threats, said in a sworn declaration.


Ex-workers at Fla. foreclose firm get class action
Legal Career News | 2011/09/28 17:32
Hundreds of former employees at a shuttered South Florida foreclosure law firm have been permitted by a judge to pursue a class action lawsuit involving labor law violations.

A Miami federal judge this week approved class action status for the case against attorney David J. Stern. Stern's firm was one of the biggest handling foreclosures in Florida, but it collapsed amid investigations into so-called "robo-signing" of documents and other alleged irregularities.

Hundreds of Stern's employees were laid off. The lawsuit contends the firm did not follow federal labor laws when it began mass firings.

The case involves at least 700 of Stern's former workers. They are seeking back pay, benefit reimbursements and other damages.

Stern's lawyers say the layoffs were done properly because of unforeseen circumstances.


Law Offices of Howard G. Smith Announces Class Action Lawsuit
Law Firm News | 2011/09/28 17:32
Law Offices of Howard G. Smith announces that a class action lawsuit has been filed on behalf of purchasers of the common stock of Omnicare, Inc. (“Omnicare” or the “Company”) between January 10, 2007 and August 5, 2010, inclusive (the “Class Period”), seeking to pursue remedies under the Securities Exchange Act of 1934. The class action lawsuit was filed in the United States District Court for the Eastern District of Kentucky.

Omnicare provides pharmaceuticals, and related pharmacy and ancillary services to long-term healthcare institutions. The Complaint alleges that during the Class Period Omnicare and certain of its executive officers misrepresented or failed to disclose material adverse information concerning Omnicare’s business and financial condition. Specifically, the Complaint alleges that the Company submitted claims for reimbursement to the federal Medicare program, and to several state Medicaid programs, for services that did not conform with Medicare and Medicaid regulations, while repeatedly representing that Omnicare was operating in compliance with all applicable laws and regulations. The Complaint further alleges that Omnicare’s reported net sales and accounts receivable throughout the Class Period were artificially inflated as they included the proceeds of the nonconforming Medicare and Medicaid claims.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Omnicare common stock between January 10, 2007 and August 5, 2010, you have certain rights, and have until October 24, 2011, to move for lead plaintiff status. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice. If you wish to discuss this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact Howard G. Smith, Esquire, of Law Offices of Howard G. Smith, 3070 Bristol Pike, Suite 112, Bensalem, Pennsylvania 19020 by telephone at (215) 638-4847, Toll Free at (888) 638-4847, or by email to howardsmith@howardsmithlaw.com, or visit our website at http://www.howardsmithlaw.com.


Texas mom to plead guilty in death of son in NH
Court Feed News | 2011/09/28 16:31
A Texas woman accused of killing her 6-year-old son in New Hampshire and disposing of his body in rural Maine will plead guilty to killing him, court officials said.

Forty-two-year-old Julianne McCrery will plead guilty to second-degree murder in the death of her son, Camden Hughes.

Her lawyers did not immediately return messages left by The Associated Press. McCrery pleaded not guilty in May and has since waived all other court appearances.

A Rockingham Superior Court clerk confirmed McCrery has filed a notice of intent to plead guilty and will be sentenced to 45 years to life in prison. No date has been set for her to formally enter her plea.

The discovery of Camden's body under a blanket on a dirt road in South Berwick, Maine, on May 14 launched a nationwide effort to identify him. Even as that effort was under way, McCrery called his Irving, Texas, elementary school daily to report him absent.

Camden died of asphyxiation, according to a medical examiner. He and his mother had stayed in a New Hampshire motel the weekend before his body was discovered.


Rentech Announces Final Court Approvals of Settlements
Class Action News | 2011/09/28 11:32
Rentech, Inc. announced today that it has received final court approvals for the settlements of the securities class action and shareholder derivative lawsuits against the Company and a number of its current and former directors and officers. The lawsuits related to the Company’s restatement in December 2009 of certain of its financial statements for fiscal year 2008 and the first three quarters of fiscal year 2009. The Company believed that it was in the best interests of its stockholders to settle the matters at a reasonable cost to avoid potentially protracted and expensive litigation. The Company and the individual defendants have denied any liability or wrongdoing in connection with the allegations contained in these lawsuits.

The settlement for the consolidated class action lawsuits in United States District Court for the Central District of California (In re Rentech Securities Litigation, Lead Case No. 2:09-cv-09495-GHK-PJW) provides for a settlement fund of $1.8 million, from which plaintiffs' counsel will receive an award of attorneys fees and expenses. The settlements for the consolidated shareholder derivative lawsuits in United States District Court for the Central District of California (In re Rentech Derivative Litigation, Lead Case No. 2:10-cv-0485-GHK-PJW) and the Superior Court of the State of California for the County of Los Angeles (Andrew L. Tarr v. Dennis L. Yakobson, et al., LASC Master File No. BC430553) provide that the Company adopt certain governance practices, and pay (or cause its insurance carrier to pay) plaintiffs' attorneys fees and expenses of $300,000. Over 90% of the aggregate securities class action and shareholder derivative settlement payments are covered by Rentech’s insurance carriers.


High court to decide lawyer immunity question
Legal Career News | 2011/09/27 15:42
The Supreme Court will decide whether private lawyers hired as outside counsels for governments can be sued.

The high court on Tuesday agreed to hear lawyer Steve Filarsky's appeal. He was hired by the city of Rialto, Calif., to investigate the possible misuse of sick leave.

Nicholas B. Delia, a firefighter suspected of working on his house while on sick leave, sued Filarsky after the investigation. Delia had said he had bought material to work on his house but never opened it. The fire chief then ordered Delia to bring the unopened material out of his house for inspection or face disciplinary action.

Delia said that order was an unconstitutional warrantless search and sued the city, the fire department and Filarsky.

A federal judge threw it all of Delia's lawsuits out, including the one against Filarsky. The judge ruled that Filarsky had the same immunity as the city's employees.

But the 9th U.S. Circuit Court of Appeals disagreed, saying its rulings had never extended to a nongovernment worker the same immunity government workers enjoy. A separate appeals court — the 6th U.S. Circuit Court of Appeals — has extended immunity to nongovernment employees.


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