Archives

Categories

Registration

Resources

Archive for January, 2012

Conviction and sentence upheld in Palin email case

Monday, January 30th, 2012

By Breaking Legal News, Breaking Legal News.

A federal appeals court panel has upheld the conviction and sentence of a University of Tennessee student in the hacking of Sarah Palin's email in 2008.

The three judge panel in a Monday decision affirmed the conviction of 24-year-old David Kernell. A Knoxville jury last April convicted Kernell of unauthorized access to a protected computer and destroying records to impede a federal investigation.

Kernell's attorney, Wade Davies, contended at trial that Kernell had no criminal intent and that guessing his way into the email account was a prank. Palin was governor of Alaska and John McCain's GOP running mate at the time.

Kernell was released in November after serving less than 11 months.

Davies said he will seek a review by the full U.S. 6th Circuit Court of Appeals.


Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Dentist who used paper clips gets year in jail

Monday, January 30th, 2012

By Breaking Legal News, Breaking Legal News.

A former Massachusetts dentist was sentenced to one year in jail Monday for using paper clips instead of stainless steel posts in root canals.

Dr. Michael Clair pleaded guilty earlier this month to a list of charges, including assault and battery, defrauding Medicaid of $130,000, illegally prescribing medications and witness intimidation.

Prosecutors said Clair sometimes used sections of paper clips when performing root canals in an effort to save money. Some of his patients reported infections and other problems.

Brenda Almeida said her teenage son's tooth turned black and had to be removed after Clair performed a root canal on him in 2005. She said Clair also performed shoddy dental work on her other two children.

Almeida, who watched Clair get sentenced in Fall River Superior Court Monday, said she was angry about what she considers to be a light sentence.

"He put my kids in pain for months ... I hope he rots there," she said after Judge Richard Moses sentenced Clair to a year in the Bristol County House of Correction.

Prosecutors, who asked for a sentence of five to seven years, declined to comment immediately after the sentence was imposed.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Judge can’t block $18B Chevron judgment

Friday, January 27th, 2012

By Breaking Legal News, Breaking Legal News.

A judge overstepped his authority when he tried to ban enforcement around the world of an $18 billion judgment against Chevron Inc. for environmental damage in Ecuador, a federal appeals court said Thursday.

The three-judge panel of the 2nd U.S. Circuit Court of Appeals explained why it lifted the ban last year and blocked a judge from staging a trial to decide if the judgment was obtained fairly.

It said the judge has authority to block collection if Ecuadorean plaintiffs move against Chevron in New York, but law does not give him authority "to dictate to the entire world which judgments are entitled to respect and which countries' courts are to be treated as international pariahs."

The judgment came last February after nearly two decades of litigation that stemmed from the poisoning of land in the Ecuadorean rainforest while the oil company Texaco was operating an oil consortium from 1972 to 1990 in the Amazon. Texaco became a wholly owned subsidiary of Chevron in 2001.

Chevron obtained an order from U.S. District Judge Lewis A. Kaplan in March blocking Ecuadorean plaintiffs from trying to collect the $18 billion until he could stage a trial to determine whether the judgment was fraudulently obtained.

The Ecuadorean plaintiffs appealed Kaplan's ruling to the 2nd Circuit. The appeals court heard oral arguments and then issued an order in September lifting Kaplan's block on collection efforts. On Thursday, it went a step further, tossing out the portion of Chevron's challenge to the judgment that sought to block its enforcement anywhere in the world.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

US Supreme Court won’t review Venezuela suit

Friday, January 27th, 2012

By Breaking Legal News, Breaking Legal News.

An Ohio investment group's lawsuit seeking to collect $100 million on three-decade-old Venezuelan promissory notes is headed back to a federal judge for further deliberations.

The decision by the U.S. Supreme Court not to hear the case was a setback for Venezuela, which argued that federal law protects it from U.S. lawsuits because it is a foreign state.

The high court declined on Monday to accept Venezuela's appeal of a 2010 federal appeals court decision that said the suit filed by Skye Ventures of Columbus could go forward in the U.S.

The 6th U.S. Circuit Court of Appeals also said a lower court must determine whether the case should be tried in Venezuela, which will be the next step.

Skye seeks payment on the notes from a defunct government-sponsored bank.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

‘Barefoot Bandit’ to be sentenced in federal court

Friday, January 27th, 2012

By Breaking Legal News, Breaking Legal News.

"Barefoot Bandit" Colton Harris-Moore is scheduled to be sentenced Friday in a Seattle federal courtroom for his two-year international crime spree of break-ins and boat and plane thefts.

The 20-year-old pleaded guilty last month to his state crimes and was sentenced to seven years.

Federal prosecutors have asked for six-and-a-half years to be served while he serves the state time. Harris-Moore's attorneys want less than six years.

Authorities say he flew a plane stolen in Washington to the San Juan Islands; stole a pistol in British Columbia and took a plane from Idaho to Washington; stole a boat in southwestern Washington to go to Oregon; and took a plane in Indiana and flew to the Bahamas, where was arrested in 2010.

He committed several of the crimes without wearing shoes.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Court denies new trial in Wis. mill worker death

Friday, January 27th, 2012

By Breaking Legal News, Breaking Legal News.

A Wisconsin appeals court on Thursday denied the request for a new trial made by a man convicted in the grisly 1992 killing of a Green Bay paper mill worker.

Rey Moore, 65, was one of six men convicted of killing their co-worker Tom Monfils. His body was found in a pulp vat at the then-James River Corp. plant in Green Bay with a weight tied around his neck.

Moore's attorney, Byron Lichstein, of the Wisconsin Innocence Project, argued that the conviction should be overturned because of questionable testimony by prison inmate James Gilliam.

He had testified in 1995 that Moore told him he participated in a group beating of Monfils at the mill. But Gilliam later recanted and said Moore told him he actually tried to prevent the beating.

That change in Gilliam's testimony was not allowed at the trial. Lichstein argued that Moore deserved a new trial because that testimony would exonerate him.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Defamation suit filed against pen-named Utah mayor

Thursday, January 26th, 2012

By Breaking Legal News, Breaking Legal News.

A Utah mayor who wrote news stories under a false identify is being sued for defamation.

In court papers, Chris Hogan alleges an article by West Valley City Mayor Mike Winder falsely claimed he was accused of extortion and fired from UTOPIA, a fiber-optic network formed by 16 Utah cities.

The lawsuit filed Wednesday in U.S. District Court in Salt Lake City seeks a trial, compensation for lost wages and punitive damages.

Among the lawsuit's 14 defendants is Deseret Digital Media, which published Winder's stories under the alias Richard Burwash.

The company's CEO Clark Gilbert has said company officials "deeply regret" the mayor misrepresented himself.

Winder promoted his city and even quoted himself in stories he wrote.

Winder said on Thursday he disputes Hogan's claims and will defend the lawsuit.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Man gets car ban after 4 children found in trunk

Thursday, January 26th, 2012

By Breaking Legal News, Breaking Legal News.

A British court has banned a man from driving for a year after he was caught traveling with four children in the trunk of his car.

Britain's Press Association news agency said Thursday that police found a total of 11 people in Zoltan Lakatos' Audi A4 when they stopped him in the English city of Leicester last year.

One passenger was in the driver's seat, three adults and two children were squeezed into the back, and officers discovered four more children in the trunk.

The news agency says Lakatos was convicted of endangering his passengers and of driving without insurance earlier this week at Leicester Magistrates' Court. He also was fined 1,325 pounds (about $2,080).

The agency said the 38-year-old was not in court for the ruling.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

NY court: Judge can’t block $18B Ecuador judgment

Thursday, January 26th, 2012

By Breaking Legal News, Breaking Legal News.

A judge overstepped his authority when he tried to ban enforcement around the world of an $18 billion judgment against Chevron Inc. for environmental damage in Ecuador, a federal appeals court said Thursday as it explained why it lifted the ban last year.

The three-judge panel of the 2nd U.S. Circuit Court of Appeals said the judge has authority to block collection if Ecuadorean plaintiffs move against Chevron in New York, but law does not give him authority "to dictate to the entire world which judgments are entitled to respect and which countries' courts are to be treated as international pariahs."

The judgment came last February after nearly two decades of litigation that stemmed from the poisoning of land in the Ecuadorean rainforest while the oil company Texaco was operating an oil consortium from 1972 to 1990 in the Amazon. Texaco became a wholly owned subsidiary of Chevron in 2001.

Chevron obtained an order from U.S. District Judge Lewis A. Kaplan last March blocking Ecuadorean plaintiffs from trying to collect the $18 billion until he could stage a trial to determine if the judgment was obtained fairly.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Robbins Geller Rudman & Dowd LLP Files Class Action Suit

Thursday, January 26th, 2012

By Breaking Legal News, Breaking Legal News.

Robbins Geller Rudman & Dowd LLP today announced that a class action has been commenced on behalf of an institutional investor in the United States District Court for the District of Kansas on behalf of purchasers of Collective Brands, Inc. common stock during the period between December 1, 2010 and May 24, 2011.

If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff’s counsel, Darren Robbins of Robbins Geller at 800/449-4900 or 619/231-1058, or via e-mail at djr@rgrdlaw.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.rgrdlaw.com/cases/collectivebrands/. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

The complaint charges Collective Brands and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Collective Brands is the holding company for three lines of business: Payless ShoeSource (“Payless”), Collective Brands Performance + Lifestyle Group (“PLG”), and Collective Licensing. The Company was formerly known as Payless ShoeSource, Inc. and changed its name to Collective Brands in August 2007.

The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business and financial results. As a result of defendants’ false statements, Collective Brands stock traded at artificially inflated prices during the Class Period, reaching a high of $23.44 per share on February 18, 2011.

On May 24, 2011, after the market closed, the Company announced its financial results for its first fiscal quarter ended April 30, 2011. The Company reported earnings of $26.4 million or $0.42 diluted earnings per share for the first quarter, which was nearly 50% less than the $0.82 diluted earnings per share expected by analysts. The Company further reported that net sales declined 1.1% to $869.0 million, due in substantial part to the Company’s 7.4% comparable store sales decline in its Payless domestic segment, offset by sales growth of 22.5% in PLG. On this news, Collective Brands stock collapsed $3.06 per share to close at $15.31 per share on May 25, 2011, a one-day decline of nearly 17%.

According to the complaint, the true facts, which were known by defendants but concealed from the investing public during the Class Period, were as follows: (a) the Company’s inventory level for Payless remained at excessively high levels and aging inventory for its Payless segment was a concern; (b) sales at the Company’s flagship Payless stores were significantly worse than expected due to deteriorating customer demand; and (c) the Company was forced to mark down Payless’s bloated inventory at significant discounts, which adversely affected the Company’s margins and financial results for its first quarter.

Plaintiff seeks to recover damages on behalf of all purchasers of Collective Brands common stock during the Class Period (the “Class”). The plaintiff is represented by Robbins Geller, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.

http://www.rgrdlaw.com

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.