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Ariz. court rules in favor of Taser
Lawyer Blog News |
2007/12/31 18:52
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A former sheriff's deputy who suffered a career-ending back injury when shocked by a Taser stun gun during training has lost an attempt to revive his product liability lawsuit. The Arizona Court of Appeals on Monday upheld a Maricopa County Superior Court jury's verdict for Scottsdale-based Taser International Inc. in a lawsuit filed by Samuel Powers, a former county sheriff's deputy. A three-judge Court of Appeals panel ruled unanimously that a trial judge was correct to rule that Powers wasn't entitled to have jurors instructed they could hold Taser liable for dangers that the company didn't learn of until Powers' injury. Arizona has not adopted a so-called "hindsight" test for strict liability product claims involving allegations of failing of defects, the Court of Appeals said. Employing the hindsight test in warning defect cases "would be tantamount to imposing a duty on manufacturers to warn of unknowable dangers," Judge Daniel A. Baker wrote for the panel. Powers, a 16-year veteran of the Maricopa County Sheriff's Office, was shocked July 16, 2002, while participating in an MCSO training and certification course on Taser's M-26 stun gun. According to court papers, he suffered a compression fracture of a spinal disc and, during treatment, was discovered to have severe osteoporosis, a condition that weakens bones. His doctor ordered him restricted to light duty, and Powers resigned as a deputy on June 2003. Powers' suit alleged that Taser's M-26 stun gun was unreasonably dangerous and defective because it lacked adequate instructions and warnings, but Taser argued that it did not know that the muscle contractions produced by the weapon were strong enough to cause a fracture. The ruling also upheld the trial court's order that Powers reimburse Taser for its expert witness fees and costs because Powers had rejected a pretrial settlement offer that would have been more favorable to him than the eventual outcome of the case. Powers argued that the payment order was improper because the settlement offer was conditioned on its terms being kept confidential, but the Court of Appeals said that requirement didn't violate state court rules. Thomas C. Wilmer, one of Powers' attorney, said he hadn't seen the Court of Appeals ruling but that it was likely that Powers would ask the Arizona Supreme Court to review it. |
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Travelers Cos. settles class action suit
Class Action News |
2007/12/31 13:55
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Property-casualty insurer Travelers Cos. Inc. said Monday it settled a class action lawsuit for an undisclosed amount, according to a filing with the Securities and Exchange Commission. The lawsuit, brought by certain shareholders of the company, alleged violations of federal securities laws, saying the company failed to disclose its practice of paying brokers commissions on a contingent basis, among other things. Additionally, the St. Paul, Minn.-based company reached an agreement with the attorneys general of Florida, Hawaii, Maryland, Michigan, Oregon, Texas, West Virginia, Massachusetts, Pennsylvania and the District of Columbia -- as well as the chief financial officer of Florida and the Office of Insurance Regulation of Florida -- settling their industrywide investigations into insurance placement practices. Both settlements are subject to court approval. Travelers said the settlements will not affect its financial results. Details of the agreements were not released. |
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Lawyers try to catch up in tech world
Attorney Blogs |
2007/12/30 23:56
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Technology was late to come to the world of lawyers and law firms, long known for quill pens and steno pads. But now that it has arrived, it is spreading briskly. Modern-day law firms, especially megafirms with offices around the world, rely heavily on a vast array of specialized software that helps them run nearly every aspect of their operations. From docketing cases to tracking hours to managing litigation to calculating bills, most legal practices depend on technological solutions. "Within the past five years, technology in law firms has really, really advanced," said Randi Mayes, executive director of the International Legal Technology Association, an Austin, Texas, group that represents 1,700 US law firms and legal departments. A primary driver of this evolution is the need for law firms to keep pace with the technology used by their corporate clients. The explosion of electronic discovery has also forced law firms to become more tech-savvy. And new federal statutes that require extensive financial reporting and electronic record-keeping, such as the Sarbanes-Oxley Act, have forced the rapid adoption of technology in the legal profession. Technology has become critical to most industries, of course. But the legal profession resisted the age of technology much longer than many others. "When I became a lawyer in 1990, the legal profession was a paper-and-pen business, and almost everything was done by typewriter and forms," said Alan Klevan, a Wellesley lawyer who chairs the Massachusetts Bar Association's law practice management section, which helps law firms use technology to enhance the practice of law. Last month, the association hosted a legal technology expo in Needham that attracted several dozen technology firms that pitched their products to lawyers. Now, however, the management of cases can be so complicated and time-consuming that technological assistance is critical. Software programs used by law firms handle receipts, billings, expenses, negotiating leases and insurance, personnel issues, time keeping, word processing, cost recovery, conflict checking, marketing, scanning, docketing, and data storage. Special tax-reporting software exists for trusts and estates departments, and financial software aids bankruptcy groups. During electronic discovery, countless documents, files, phone records, and electronic correspondence are mined in civil litigation. Software can be used to comb through e-mail systems and identify key information, sparing lawyers or legal assistants the task of reading through hundreds or even thousands of e-mails in search of important data. "Before, we'd get boxes of paper, and paralegals would go box by box by box, coding and figuring out what was important on each page," said Henry Chace, chief information officer at the Boston law firm Burns & Levinson, whose 125 lawyers collectively use about 70 software applications. "Now we just scan those documents and use algorithms to determine what's important or not." As law firms increasingly become global operations, their multiple offices worldwide must also have time-and-billing software that works with multiple currencies. At large firms, conflict checking, to ensure that the firm does not represent a client whose interests clash with the interests of another potential client, is also done electronically. "If you're opening a matter in San Francisco, you have to find out if you have any conflicts with the Tokyo, New York, Singapore, and London offices, and you can't start billing till you know," said Chace, a former president of the International Legal Technology Association. Without software that runs such checks, the process would be unmanageable, he said. Litigators tend to be at the cutting edge of technological advances because they rely on high-tech software to manage their cases and impress juries during trials. But other types of lawyers remain well behind the curve. Many real estate lawyers, for example, still make in-person visits to courthouses and registries of deeds to file paper documents. But that, too, is changing. "Real estate lawyers used to have to trudge to the registry with a check and documents in hand," said Paul Roth, regional sales director for Simplifile, a system that enables real estate documents to be filed electronically. "Now they just have to sign on [to a computer] and send them in." Simplifile sells its product in 20 states, but in Massachusetts the only registries of deeds that allow electronic filing so far are in Lowell, Springfield, and Plymouth, Roth said. Despite these technological advances, "I still drag a lot of solo practitioners kicking and screaming into the technological age," Roth said. "Most of them say they're fine the way they are, and they really want to leave it to the next generation to change." |
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Rabbi, 5 Others Plead Not Guilty To Tax Fraud
Lawyer News |
2007/12/30 23:55
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The leader of an Orthodox Jewish sect and five other men accused of tax fraud and money laundering pleaded not guilty Monday in U.S. District Court in downtown Los Angeles.
Brooklyn, N.Y., resident Naftali Tzi Weisz, the 59-year-old Grand Rabbi of Spinka, was indicted by a federal grand jury Dec. 18 for allegedly taking part in a scheme that cheated the Internal Revenue Service out of at least $33 million in donations to Spinka charities.
Spinka is the name of a Hasidic sect within Orthodox Judaism. The group is named for the European town along the border of Romania and Hungary where it originated.
The six men were accompanied in court by their attorneys and about five supporters at this morning's hearing before U.S. Magistrate Judge Alicia Rosenberg.
Their trial is scheduled for Feb. 12.
According to the indictment, donors to Spinka charities were paid illegal kickbacks, refunding up to 95 percent of the donations, which were laundered through the Israel-based Mizrahi Bank and businesses in downtown Los Angeles' jewelry district.
The donors then claimed a tax deduction on the full amount, prosecutors said.
Weisz is currently free on $2 million bond.
Other named defendants are Gabbai Moshe Zigelman, 60, also of Brooklyn, N.Y.; Joseph Roth, 66, of Tel Aviv, Israel; Yaacov Zeivald, 43, of Valley Village; Los Angeles residents Alan Jay Friedman, 43, and Yosef Nachum Naiman, 55; as well as five Spinka charities.
All six men face lengthy terms in federal prison if convicted on all charges.
Zigelman and the other defendants are free on bond except for Roth, an assistant manager at Mizrahi Bank, who remains in custody. On Friday, U.S. Magistrate Judge Stephen Tillman granted Roth $1.9 million bond, but stayed his decision so prosecutors could appeal it to another judge. |
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Ohio Supreme Court Upholds Damages Law
Lawyer Blog News |
2007/12/29 19:59
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The Ohio Supreme Court upheld a state law Thursday that limits how much a person injured by a defective product can collect in pain-and-suffering damages, reversing its stance on a closely watched issue. Attorneys representing injured people and companies that support the concept of caps have followed the lawsuit filed by Melisa Arbino, a Cincinnati property manager, over the Ortho Evra Birth Control Patch made by New Brunswick, N.J.-based Johnson & Johnson. She contended the product caused her permanent physical damage and threatened her ability to have children, and her lawyer argued that limits on damages were unconstitutional. The majority opinion in the 5-2 ruling, written by Chief Justice Thomas J. Moyer, said the Ohio law revised did not violate the constitutional rights of injured parties to trial by jury, to a remedy for their injuries or to due process and equal protection. "The decision in this case affirms the General Assembly's efforts over the last several decades to enact meaningful tort reforms," Moyer wrote. In one of its challenged provisions, the law caps awards at $250,000 or three times the amount of economic damages, whichever is greater, up to an absolute limit of $350,000. The exception is when a plaintiff suffers permanent disability or loss of a limb or bodily organ system. In another, the law prohibits awards for punitive damages exceeding two times the amount of the compensatory damages awarded the same defendant. The court threw out a similar law in 1999 in a decision that prompted businesses to criticize Democratic justices who voted against the legislation. Since then, the court has become an all-Republican bench. In the 1999 vote, two Republicans joined the court's two Democrats in striking down the law, which was revised in 2004. The U.S. Chamber of Commerce, National Association of Manufacturers and the National Federation of Independent Business Legal Foundation had joined in urging the court to uphold the law. Groups urging the court to overturn it included the Ohio Academy of Trial Lawyers, the Ohio Conference of the National Association for the Advancement of Colored People and Mothers Against Drunk Driving. |
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Nevada judge abused authority, court rules
Legal Career News |
2007/12/29 19:42
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The Nevada Supreme Court has ruled that Justice Nancy M. Saitta abused her authority when, as a Clark County District Court judge, she issued a gag order and sealed child-support proceedings involving a former judicial colleague.
Saitta did not meet requirements in state law when she sealed court records in 2006 involving former Clark County Family Court Judge Robert Lueck, the court said in the ruling issued Thursday. Lueck at the time was seeking to return to the bench.
The unanimous 13-page ruling, written by Justice Michael Douglas, calls Saitta's decision to seal the case without a written request and without findings or public notice "a manifest abuse of discretion."
The ruling found only that the action was improper and directed the Clark County District Court to open the case to the public. It did not address any motivation by Saitta for sealing the case.
Saitta, who was elected to the Supreme Court in 2006, did not participate in the decision. Senior Justice Deborah Agosti served in her place. Through an aide, Saitta declined to comment Friday.
Saitta was one of the subjects of a Los Angeles Times investigation of Las Vegas judges published in 2006. She was among several judges who were found to have routinely ruled in cases involving business associates or friends.
In one instance, the Times investigation found that Saitta awarded $1 million in fees for a certified public accountant and his attorneys, two of whom held a campaign fundraiser for her while the case was pending.
Lueck, a Las Vegas attorney, said he intended to seek a rehearing by the Supreme Court. He said Saitta properly used her judicial authority under Nevada rules of civil procedure to prevent his ex-wife, Jane Johanson, from using the courts to harass and embarrass him.
"This was a small, private matter that had been resolved months before," Lueck said of the child-support dispute between himself and Johanson. "This was done to hurt my campaign."
Johanson asked the Supreme Court through her attorney, Bruce Shapiro, to nullify the gag order and unseal the records of her child-support case involving Lueck. Shapiro did not immediately respond Friday to a message seeking comment.
Shapiro filed a petition last year accusing Saitta of issuing the gag order and sealing the court records to prevent voters from learning that Lueck failed to pay child support.
Lueck, who served on the Family Court bench from 1999 to 2004, lost his bid in 2006 to return to that court. At a July 11, 2006, hearing, Saitta found that Lueck was behind in his $750-a-month child-support payments. But she sealed the case, citing the potential use of the child-support information for negative campaigning.
Saitta was running against incumbent Justice Nancy Becker for the Supreme Court. She acknowledged in October 2006 that she made the statements about negative campaigns, but she denied any favoritism toward Lueck and said she ordered the gag order and sealed the records to protect the child.
State law allows a court to seal certain documents in a divorce case, but only upon written request of one of the parties. The gag order prohibited public discussion of the case by those involved. The court characterized the gag order as unconstitutionally vague and said it violated Johanson's free-speech rights.
The court said such orders could be entered only when there was a clear and present danger or a serious and imminent threat, and when no less restrictive alternatives were available. |
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