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Lawyer defends Nevada truck firm in Amtrak crash
Court Feed News |
2011/07/11 08:47
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A lawyer for the Nevada trucking company whose tractor-trailer slammed into an Amtrak train, killing six people, defended the company’s safety record Thursday and said it was not at fault in two previous accidents cited in state safety records.
John Davis Trucking Co. has been cooperating with local, state and federal investigators and is as anxious as anyone to learn why the driver who died in the June 24 crash ignored flashing lights and crossing gates before skidding the length of a football field into the side of the train, Steven Jaffe of Las Vegas said.
But he said four negligence lawsuits filed against the Battle Mountain company — combined with the ongoing investigation by the National Transportation Safety Board — has kept the brothers who own the family-run business from sharing information that would help shed more light on the tragedy.
“There’s a lot more than meets the eye,” Jaffe told The Associated Press. “I think when it all comes down to it, the public is going to see a very different John Davis Trucking than was originally put out there.
“I believe the evidence will show their conduct was defensible in all of this,” he said. “I have a great deal of trust in the legal system, and if some day we go in front of a jury, I’m confident it will give us the chance to say that we did everything right.”
Federal records reviewed by the AP show the state Department of Public Safety cited the company for 16 vehicle maintenance violations over the past two years and noted it had been involved in two crashes during that period, including one in February 2010 that injured a person in Washoe County. |
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Ex-law firm office manager sentenced for theft
Criminal Law Updates |
2011/07/11 07:47
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The former office manager of a northern New Jersey law firm has been sentenced to seven years in prison for stealing more than $400,000 from her employers.
The firm's owners say the thefts Beth Friedland committed between 2003 and January 2010 caused serious financial problems and forced them to lay off staff and associates. The Roxbury Township resident pleaded guilty in March to theft by unlawful taking, admitting she stole $448,721 from the Chatham-based firm of Maloof, Lebowitz, Connahan &Oleske.
The firm, though, claims Friedland took $1.1 million overall and has sued her to regain those funds.
Friedland must serve about 17 months of the sentence imposed Friday before becoming eligible for parole. Her husband, Alex Cruz, who pleaded guilty to conspiracy, was sentenced Friday to three years probation. |
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Ohio appeals court rules in against Browns in Bentley suit
Court Feed News |
2011/07/10 07:47
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An Ohio appeals court has ruled in favor of former Cleveland Browns center LeCharles Bentley, saying the team can't force NFL arbitration to halt a lawsuit on the career-ending staph infection he says he contracted at the team's training facility.
The Ohio 8th District Court of Appeals in Cleveland on Thursday upheld a Cuyahoga County judge's ruling, saying the issue is not related to the collective bargaining agreement and can be handled in county court.
Bentley's attorney has said he nearly died from the infection he contracted while rehabbing from a knee injury at the team's suburban Berea facility. The team is accused of persuading Bentley to rehab at the training site and failing to tell him about unsanitary conditions and other players who had contracted staph.
The team had argued that state and federal laws support arbitration over litigation.
Bentley never played a game for the Browns after signing a six-year, $36 million contract as a free agent. He tore his left patellar tendon in training camp in 2006, and his career never recovered after the infection.
In 2007, Bentley told The Associated Press that he had undergone four operations since getting hurt, the final two to clean out the staph infection, which ate away at his tendon. |
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Arizona court vacates $75 million cash-only bond
Lawyer Blog News |
2011/07/10 07:46
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An Arizona appeals court has vacated what was perhaps one of the highest bail amounts on record in U.S. history that had been set for a father accused of sexually abusing his children.
The brief order issued last week sends the case back to Yavapai County Superior Court Judge Tina Ainley to reset the $75 million cash-only bond for the longtime Sedona resident. She has scheduled a Monday status conference.
The defendant's attorney, Bruce Griffen, sought relief from the appellate court after he tried unsuccessfully to have the case assigned to another trial court judge.
Griffen accused Ainley of abusing her discretion, and exhibiting bias and prejudice.
Prosecutors say those accusations were not proven. They contend the defendant has significant family ties in Brazil and is a flight risk.
The appellate court said Ainley cannot set a bail amount greater than what is necessary to ensure the defendant appears at trial, and can set other release conditions. The court is expected to elaborate on its decision but had not done so as of Friday. |
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Pa. family's fight for rare coins reaches court
Legal Career News |
2011/07/08 15:33
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A federal jury in Pennsylvania began hearing a tale Thursday that has long fascinated coin collectors: how a Philadelphia family ended up with a stash of exquisitely rare $20 gold coins from 1933 that the U.S. Mint never circulated. The 10 coins could bring $80 million or more at auction. But it's not clear that day will ever come. Federal attorneys told the jury in opening statements that the coins belong to the United States because they were never legally released by the U.S. Mint in the 1930s. But descendants of the late Philadelphia jeweler Israel Switt say the government can't prove they were stolen. Switt, who dealt in scrap gold, might have legally traded for them in his regular dealings with the Mint, their lawyers said. U.S. District Judge Legrome Davis promised jurors selected for the trial that the case would be more fascinating than anything they see on TV, a case replete with history about the gold standard, the Depression, and decades of sleuthing over the rare 1933 Saint-Gaudens "double eagles." The trial is expected to last two to three weeks. "The government must prove that these coins were stolen three-quarters of a century ago," lawyer Barry Berke, who represents Switt's daughter and grandsons, told the jury. |
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Court: Firing worker who took hot dogs unjustified
Court Feed News |
2011/07/08 14:29
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The Indiana Court of Appeals says a department store wasn't justified in firing a worker who took two leftover hot dogs from a company picnic, so it must pay him unemployment benefits. The court ruled Thursday in the case of Nolan Koewler, who was fired from a Dillard's store in Evansville a year ago. Dillard's hosted a Fourth of July cookout for employees. Afterward, a manager ordered the leftovers stored in a break room freezer until Labor Day. The next day, Koewler took two hot dogs and ate them, an act caught on surveillance video. He claimed he never heard the instruction to save the hot dogs, and the three-judge panel sided unanimously with him. The opinion didn't reveal the amount of unemployment benefits at stake. |
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