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NFL star Vick's guilty plea exposes brutal hobby
Lawyer Blog News |
2007/08/21 15:32
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STAR gridiron quarterback Michael Vick looks set to trade in his career for jail, after agreeing to plead guilty to running an illegal dog-fighting ring. The Atlanta Falcons player has been accused by his co-defendants of helping to drown or hang at least eight pitbull terriers that under-performed in dog fights. The case against Vick, which alleges that dogs that lost fights were electrocuted, shot, drowned or hanged, has been met with widespread disgust and outrage across America. Vick has reportedly pocketed more than $US60 million from his dazzling six-season career in the National Football League, which began when he was the league's No. 1 pick in 2001. He is expected to be sentenced next week and faces up to five years' jail and $US250,000 in fines. He is tipped to spend about a year behind bars. Vick's lawyer, Billy Martin, said the player had accepted a plea deal after consulting his family. Mr Martin said Vick would accept full responsibility for the mistakes he has made. "Michael wishes to apologise again to everyone who has been hurt by this matter," he said. Vick's decision to accept a plea deal from federal prosecutors came as a Grand Jury was hearing evidence against him. The hearing could have decided to lay harsher charges against the player, including racketeering and gambling. Vick's career, endorsements and reputation are now in tatters. NFL Commissioner Roger Goodell has already banned Vick from Falcons training. He faces a lifetime ban from football under the league's personal conduct policy. The dynamic player, who was the No. 1 NFL pick in 2001, has already suffered a backlash from sponsors, with Nike suspending the release of a new Michael Vick shoe and Reebok withdrawing his jerseys from sale. Three co-defendants of Vick had already agreed to plea deals that required them to provide statements against Vick, who initially denied having any involvement. Vick is accused of bankrolling the "Bad Newz Kennels" operation on Vick's Virginia property. The investigation into his alleged dog fighting activities began in April when dozens of pitbull dogs and dog-fighting equipment was found on the property. The court documents say the search found about 54 American pitbull terriers, some of which had scars and injuries appearing to be related to dog fighting. |
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Man pleads guilty to killing co-worker rival
Lawyer Blog News |
2007/08/21 11:44
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A suburban Buffalo man has pleaded guilty to charges stemming from the shooting death of a co-worker who was involved in a lovers' triangle via the Internet. Forty-eighty-year-old Thomas Montgomery of Cheektowaga pleaded guilty today to first-degree manslaughter in the killing of 22-year-old Brian Barrett of Lockport. Barrett's body was found in his vehicle in the parking lot of the suburban Clarence company where both men worked. Montgomery admitted to shooting Barrett three times last September. He and Barrett had been involved in an Internet relationship with a middle-aged West Virginia woman who was using her daughter's Web page information to pose as an 18-year-old. Montgomery -- who was charged with murder in late November -- faces sentencing at the end of October. |
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Comcast Wins Legal Battle With Direct T.V.
Lawyer Blog News |
2007/08/20 17:05
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A legal battle between Comcast Corp. and the DirecTV Group in Los Angeles ended in DirecTV having to stop attacking Comcast in its ads.
The two companies charged each other with false advertising, but Comcast won out last week when U.S. District Judge John Grady told DirecTV it can't cite false studies claiming its High definition product is better than Comcast's, said The Hollywood Reporter Sunday.
DirecTV was using "favorable results" from a TNS survey in recent ads, though the judge said the survey compared a DirecTV digital signal to an analog signal from Comcast.
Another ad cited a survey from Alliance Consulting Group of professional home-theater installers that claimed they preferred the picture quality of DirecTV over cable, though the judge deemed that one unfair, as well.
Grady's ruling said DirecTV must "immediately cease and refrain in any territory in which Comcast provides cable television" advertising any claims stemming from the TNS or Alliance Consulting Group surveys. |
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NSA spying programme argued at court hearing
Lawyer Blog News |
2007/08/17 15:21
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A US appeals court has agreed to weigh a government motion to dismiss a lawsuit alleging that the National Security Agency (NSA) monitored phone lines and emails without a warrant, but judges asked a government lawyer tough questions over the issue. The Electronic Frontier Foundation (EFF) filed a class action lawsuit against AT&T claiming the company violated the privacy rights of its customers when it cooperated with an NSA programme of monitoring AT&T customer phone calls and e-mail traffic without warrants. Deputy Solicitor General Gregory Garre, representing the government, argued that letting the case go to trial, "would reveal the sources, methods and operational details" of government intelligence activities. The alleged monitoring is part of more rigorous surveillance practices put in motion after the terrorist attacks of 11 September, 2001. After a two-and-a-half hour hearing, the US Court of Appeals for the 9th District, in San Francisco, said it will consider the dismissal motion as well as a one in a second lawsuit also challenging the NSA programme. But Appeals Court judges Michael Daly Hawkins, Margaret McKeown and Harry Pregerson, peppered Garre with questions, challenging his argument that the state secrets privilege trumps the right of the plaintiffs to have their case heard. Pregerson asked Garre how a court is to decide whether something the executive branch claims is a state secret is a secret, if the executive branch won't reveal what it claims is a secret. "Who decides what's a state secret? Are we just a rubber stamp? We're just supposed to take the word of the executive?" Pregerson asked.
Garre responded that the court should give "the utmost deference" to the executive branch's claim that something is a state secret, but acknowledged that it is not an "absolute deference".
The EFF says that AT&T, at one of its offices in San Francisco, diverted internet traffic, including emails and Voice over IP (VoIP) phone calls, to a separate room in which NSA-authorised people monitored the network traffic. Robert Fram the attorney for EFF, said that just the act of diverting that traffic into a room controlled by the NSA proved their case against AT&T and that they would not have to try to risk violating the state secrets privilege by trying to disclose what was done with the information. But Garre, in rebuttal, argued that if the surveillance done in that room was approved by a warrant, then there is no violation by the government or AT&T in diverting internet traffic to that surveillance room. The second case is that of the Al-Haramain Islamic Foundation versus President George W. Bush, which claims the government engaged in warrantless surveillance of their organisation, in violation of its constitutional rights. The appeals judges gave no indication when they might rule on the motion to dismiss. Lee Tien, an EFF staff attorney, said given the notoriety of the case, the judges could render a decision soon, but at the same time, given the gravity of the issues, they might take more time. |
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White House backs banks in Supreme Court case
Lawyer Blog News |
2007/08/16 14:55
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The brief by the U.S. solicitor general contradicts a brief filed by the Securities and Exchange Commission, which argued for shareholders' rights to sue those third parties. "Allowing liability for a primary violation under the circumstances presented here would constitute a sweeping expansion of the judicially inferred private right of action" under securities law, wrote Solicitor General Paul Clement.
Such a move could expose customers, vendors and others to "billions of dollars in liability when issuers of securities make misstatements to the market," he wrote. Clement wrote that allowing third parties to be sued would "vastly expand liability in unpredictable ways."
The case, Stoneridge Investment Partners v. Scientific-Atlanta, Inc., has attracted considerable interest from lawmakers and industry associations. On Tuesday, Senate Banking Committee Chairman Christopher Dodd, D-Conn., asked President Bush to back the SEC's position.
Meanwhile, Securities Industry and Financial Markets Association President Marc Lackritz said allowing third parties to be held liable would result in skyrocketing litigation costs for companies.
"Investors already receive substantial protections under the law, and the Securities and Exchange Commission and other securities regulators are already armed with all the necessary regulatory tools to recoup lost money for investors," Lackritz said.
Similarly, the U.S. Chamber of Commerce, a business trade group, had urged the court to reject the expanded liability, known in legal terms as "scheme liability."
"Congress authorized the SEC to enforce securities laws against third parties and disburse funds to harmed investors," said Robin Conrad, executive vice president of the National Chamber Litigation Center.
"The Supreme Court should not upset that legislative decision by allowing class action lawyers to increase litigation risk and further hamper the competitiveness of American markets," Conrad said.
The Supreme Court is scheduled to hear the case in its fall term.
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Brodsky & Smith, LLC Announces Settlement of Class Action
Lawyer Blog News |
2007/08/16 12:05
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Brodsky & Smith, LLC announces that a Court has preliminarily approved a class action settlement in TDH Partners v. The Ryland Group, Inc., et. al. involving all persons who purchased or otherwise acquired common stock of the Ryland Group, Inc. (NYSE: RYL) ("RYLAND"), between October 3, 2003 and January 7, 2004, inclusive, ("the Settlement Class"). This case is pending in the United States District Court for the Northern District of Texas. Pursuant to a Court Order, a hearing will be held in this case (the "Action") on December 11, 2007 at 10:00 A.M. before United States District Judge Jane Boyle, at the United States Courthouse, 1100 Commerce Street, Dallas, Texas 75242, to determine: (1) whether the settlement of claims asserted in this Action in return for payment of One Million, Two Hundred Thousand Dollars ($1,200,000.00) in cash plus accrued interest (the "Settlement Fund"), from which all administrative expenses, taxes owed and Court-awarded attorneys' fees and expenses will be paid, should be approved by the Court as fair, reasonable and adequate to the members of the Settlement Class; (2) whether the proposed plan of allocation for the Settlement Fund after payment of all administrative expenses, taxes owed and Court-awarded attorneys' fees and expenses (the "Plan of Allocation") is fair, reasonable and adequate to the members of the Settlement Class; (3) whether and in what amount to approve an incentive award to the Lead Plaintiff and whether to approve the application of the Class' Lead Counsel for an award of attorneys' fees not in excess of 33% and expenses not in excess of $150,000.00 should be approved; and (4) whether the Action should be dismissed with prejudice as set forth in the Settlement Agreement dated as of March 15, 2007 and filed with the Court. Persons who purchased or otherwise acquired the common stock of RYLAND during the period from October 3, 2003 through January 7, 2004, inclusive (the "Settlement Class Period"), may be affected by the settlement of this Action, including the release and extinguishment of claims they may possess relating to the purchase or other acquisition of the common stock of RYLAND during the Settlement Class Period. To share in the distribution of the Settlement Fund, eligible shareholders must establish their rights by mailing a Proof of Claim Form on or before November 15, 2007. Shareholders who desire to be excluded from the Settlement Class must file a request for exclusion by November 15, 2007, in the manner and form explained in the detailed Notice of Pendency and Proposed Settlement of Class Action. All members of the Settlement Class who have not requested exclusion from the Settlement Class will be bound by any judgment entered in the Action. |
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