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Appeals court rejects "Roe vs. Wade for Men" case
Lawyer Blog News | 2007/11/06 13:02

A federal appeals court has upheld a lower court's decision to dismiss a lawsuit filed by a men's rights group on behalf of a man who said he shouldn't have to pay child support for his ex-girlfriend's daughter. The 6th Circuit U.S. Court of Appeals, in a decision released Tuesday, agreed with U.S. District Judge David Lawson in Bay City that Matthew Dubay's suit was frivolous and ordered him to pay attorney fees to the state. However, the three-member appeals court panel declined to award the state attorney fees for the appeal.

Dubay, a 25-year-old from Saginaw Township, had said his ex-girlfriend, Lauren Wells, knew he didn't want to have a child and she assured him repeatedly she couldn't get pregnant because of a medical condition.

He argued that if a pregnant woman can choose among abortion, adoption or raising a child, a man involved in an unintended pregnancy should have the choice of declining the financial responsibilities of fatherhood.

But Lawson disagreed and rejected Dubay's argument that Michigan's paternity law violates the U.S. Constitution's equal protection clause.

The National Center for Men in Old Bethpage, N.Y. -- which prepared the suit -- nicknamed it "Roe v. Wade for Men" because it involves the issue of male reproductive rights. The nickname drew objections from women's rights organizations.

Dubay sued the Saginaw County prosecutor and Wells in March, contesting an order to pay $500 a month in child support for a girl born to Wells in 2005. Michigan Attorney General Mike Cox later intervened in the case and argued for its dismissal.
Dubay previously had acknowledged the suit was a long shot.



Expeditors International Hires Law Firm
Lawyer Blog News | 2007/11/06 12:11
The head of Expeditors International of Washington Inc. said Tuesday the freight forwarding company has hired a "noted law firm" to help it deal with an ongoing probe of the air cargo business, but no proof of wrongdoing has been found. In a brief statement included with the company's third-quarter earnings, Chairman and Chief Executive Peter J. Rose also said the company is "taking this whole issue very seriously" and continues to cooperate with Department of Justice investigators. The law firm is helping the company conduct "a very rigorous self-review," he said.

"As part of this process, we have met with and continue to cooperate with the DOJ. There has been no determination made at this stage that any anticompetitive behavior occurred," Rose said. "We are doing our utmost to conduct 'business as usual.' It is our intention not to disrupt our employees' routine or their ability to meet the needs of our customers."

Last month, Expeditors International said it received a subpoena from the Justice Department to hand over information and documents related to the investigation. It did not comment further at the time.

Bear Stearns analyst Edward Wolfe said then that the department's antitrust division is working with the European Union and other foreign officials to investigate "possible anticompetitive practices in the international freight industry."



WaMu sued over home appraisals - law firm
Lawyer Blog News | 2007/11/05 17:13

A law firm said on Monday it had filed an investor lawsuit against Washington Mutual Inc, alleging it pressured a unit of First American Corp to inflate the appraisal value of homes.

The lawsuit comes after New York Attorney General Andrew Cuomo sued First American and its unit eAppraiseIT last week for allegedly colluding with Washington Mutual to inflate the appraisal values of homes. Cuomo did not name Washington Mutual as a defendant in his case.

The latest suit, which seeks to represent investors who bought Washington Mutual shares between July 19, 2006 and Oct. 31, 2007, also names certain officers and directors of the largest U.S. savings and loan, the law firm, Wolf Popper LLP, said in a statement.

Washington Mutual spokeswoman Libby Hutchinson said the company doesn't comment on the specifics of litigation.

But she added, "The integrity of our appraisal process is very important to us, and we work hard to make sure that it operates properly."

The suit, which was filed in U.S. District Court in New York, alleges claims for securities fraud, the law firm said.

The complaint alleges that inflated appraisals led to Washington Mutual's financial results to be misstated, it said.



IRobot wins injunction against competitor
Lawyer Blog News | 2007/11/05 16:10

A federal judge in Boston has issued an injunction against a Chicago-area robot maker accused of stealing trade secrets from iRobot Corp. of Burlington.In August, iRobot sued Robotic FX Inc. of Alsip, Ill., a company founded by former iRobot engineer Jameel Ahed. IRobot claimed that Ahed had used iRobot trade secrets in the building of a robot called the Negotiator, which beat out iRobot's PackBot for a $280 million military contract. After the suit was filed, detectives hired by iRobot witnessed Ahed trying to discard iRobot-related materials. Ahed also acknowledged shredding data CDs and erasing hard drives. Ahed said he was not destroying evidence, but US District Judge Nancy Gertner said his behavior "gives rise to a strong inference of consciousness of guilt" and "profoundly undermines Ahed's credibility as a witness."

During closed court hearings, iRobot discussed three areas in which it claimed the company's trade secrets had been stolen by Robotic FX. Gertner refused to issue an injunction covering two of the areas, saying iRobot had revealed some of the information in a patent filing, thus undermining its status as a trade secret. But Gertner said there was good evidence that Robotic FX may have misappropriated iRobot technology used to make the rubber tracks that propel its robots. "While Ahed claims that he developed the track independently, this court will not credit his testimony," Gertner wrote. Because the tracks are vital to the operation of the Negotiator robots, the injunction is a major barrier to continued manufacturing operations at Robotic FX - at least until a trial is held in April.

Officials at Robotic FX did not return calls seeking comment.

The injunction is the second major setback in the past 10 days for Robotic FX. Last week, the Army said it was freezing its contract with the company, pending an investigation of whether Robotic FX, with only about 10 employees, could supply up to 3,000 robots over the next five years.



Alabama Supreme Court schedules two executions
Lawyer Blog News | 2007/11/01 13:08
The Alabama Supreme Court has scheduled executions for death row inmates Thomas Douglas Arthur on Dec. 6 and James Harvey Callahan on Jan. 31, but a case before the U.S. Supreme Court could delay them. The state's highest court set the dates Wednesday after the attorney general's office sought schedules for the inmates to die. The executions would be the first in Alabama since the state Department of Corrections revised its lethal injection procedures. Bryan Stevenson, director of the Equal Justice Initiative of Alabama, said he was surprised by the execution orders because the U.S. Supreme Court stopped a Mississippi execution Tuesday night and gave its strongest indication yet that executions shouldn't proceed until the court hears a challenge to lethal injection procedures from Kentucky.

Stevenson, who represents Callahan, said he expects both Alabama execution dates to be called off.

"There is every indication these will be stayed. The question is by whom and when?" he said.

The U.S. Supreme Court has allowed only one execution to be carried out since it agreed to hear the Kentucky case. That execution occurred in Texas on Sept. 25, the same day the court agreed to take the Kentucky case.

Assistant Attorney General Clay Crenshaw said the U.S. Supreme Court has not ordered a halt to all executions.

"Hopefully the Supreme Court will allow these to go forward. You are talking about cases that have been litigated over 20 years," Crenshaw said.

Arthur had been scheduled to die Sept. 27, but Gov. Bob Riley delayed the execution temporarily to allow the state Department of Corrections to change its execution procedures. The new procedures provide more checks to make sure an inmate is unconscious before receiving drugs to stop the lungs and heart.

Arthur, 65, who has maintained his innocence, was sentenced to death for the Feb. 1, 1982 killing of Troy Wicker, 35, of Muscle Shoals. The victim's wife, Judy Wicker, testified she had sex with Arthur and paid him $10,000 to kill her husband, who was shot in the face as he lay in bed.

At the time of his arrest for the Wicker killing, Arthur was serving a sentence at a prison work release center for an earlier slaying.

Callahan, 60, was was convicted of the abduction and asphyxiation of Jacksonville State University student Rebecca Suzanne Howell, who disappeared from a Calhoun County washateria on Feb. 4, 1982.

Callahan and death row inmate Willie McNair have filed court suits challenging Alabama's legal injection procedures as unconstitutionally cruel. U.S. District Judge Keith Watkins has combined the two cases and tentatively scheduled them for trial the last week of November.



Court: Former Ill. Gov Must Go to Jail
Lawyer Blog News | 2007/11/01 11:10
Saying it is time for former Gov. George Ryan to start his prison sentence, a federal appeals court denied his request Wednesday to remain free while he challenges his conviction on corruption charges. Ryan and co-defendant Larry Warner, who have been free on bond since being convicted in April 2006, were ordered to start serving their federal prison sentences Nov. 7. "Although they undoubtedly would like to postpone the day of reckoning as long as they can, they have come to the end of the line as far as this court is concerned," Judge Diane P. Wood wrote in a five-page opinion from the 7th U.S. Circuit Court of Appeals.

Later Wednesday, Ryan's lawyers took his fading hopes to the U.S. Supreme Court, where they asked Justice John Paul Stevens to keep Ryan out of prison while he asks the full court to step in.

"No jury trial is perfect — to be sure. But perhaps no federal trial has ever been as deeply and fundamentally flawed as this one," Ryan's attorneys wrote, saying his corruption conviction stemmed from chaotic and unfair jury deliberations.

Ryan's chief defense counsel, former Gov. James R. Thompson, acknowledged that getting the Supreme Court to set bond would be unusual.

Ryan, 73, has been free on bail since he was convicted in 2006 of steering state contracts to friends, using tax dollars to run his campaigns and covering up drivers license bribery.

The verdict capped one of Illinois' biggest political scandals, bringing with it nine years of investigations and trials that wrecked Ryan's career and sent dozens of others to jail.

"The voluminous record here demonstrates that the appellants were guilty of the crimes with which they were charged," Wood wrote.

Ryan and Warner had sought a new trial based on chaotic jury deliberations at the end of the trial. Two jurors were dismissed and replaced with alternates after the jury had deliberated for eight days. One juror brought an outside legal document into the jury room as a persuasive tool in defiance of the trial judge's instructions.

The appeals court said Ryan and Warner had shown no "reasonable probability" that the U.S. Supreme Court would take their case or reverse their convictions.

Ryan's wife, Lura Lynn, said when reached by phone at the couple's Kankakee home that her husband was not available. "We had not heard this," she said. "I have no comment."

Warner's attorney, Edward Genson, was not immediately available for comment, his office said.

Ryan has been assigned to the federal correctional institution at Duluth, Minn., a minimum security camp. But he is trying to get his assignment switched to the correctional center at Oxford, Wis.

Warner has been assigned to a federal prison in Colorado.



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