By Breaking Legal News, Breaking Legal News.

To identify the source of a class-action lawsuit involving thousands of alleged victims and defendants representing virtually the entire egg industry in America, look no further than a Main Street restaurant in Falconer.

According to local attorney Arthur Bailey, the case began with a cup of coffee at T.K. Ribbing's in the spring of 2008.

"I am the beginning of it," said Bailey, who listened to owner Steve Ribbing as he voiced his frustration over the price of eggs. He told Bailey that he could purchase large quantities at the local grocery store cheaper than he was currently getting them from his wholesaler.

Bailey, whose experience lies with fraud, malpractice claims and class actions, agreed the situation was "economically backward."

He said Ribbing's complaint was quickly referred to James Pizzirusso, a partner with the Hausfeld LLP firm, and a lawsuit was filed in a federal district court in September 2008.

With media attention beginning to focus on soaring prices, the Justice Department declared its intention to investigate the egg industry. Within a month of Ribbing's orignal lawsuit it appointed a team of lawyers from Hausfeld to begin a class-action suit.

Bailey, who is not currently among the lead counsel, said he enjoys a working relationship with Hausfeld that has lasted three decades. He said he provides a service for the firm by scouting potential cases. His son, Arthur Bailey Jr. serves as an associate attorney for the firm's San Francisco office.

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

By Breaking Legal News, Breaking Legal News.

In a survey released today by the American Bar Association, judges indicated that a lack of representation in civil matters is hurting those individuals’ cases, and is negatively impacting courtrooms.

Approximately 1,000 state trial judges responded to the survey, which posed questions about their dockets, self-representation and the impact on the courts.  More than half of the judges stated that their dockets increased in 2009, with the most common areas of increase involving foreclosures, domestic relations, consumer issues such as debt, and non-foreclosure housing issues such as rental disputes. 

Sixty percent of judges said that fewer parties are being represented by lawyers, with 62 percent saying that parties are negatively impacted by not being represented.  The impact is exemplified, through a failure to present necessary evidence (94 percent), procedural errors (89 percent), ineffective witness examination (85 percent), failure to properly object to evidence (81 percent) and ineffective argument (77 percent).

The ABA has a resource page on its website that can help individuals find legal assistance — www.findlegalhelp.org.  

During a time when state budgets are constrained, agencies as well as courts are being asked to become more efficient.  However, the increase in non-represented parties makes this more difficult for courts.  The lack of representation has a negative impact on the court, said 78 percent of the judges, and 90 percent of judges stated that court procedures are slowed when parties are not represented.

Nearly half of the judges responding believe that there is a middle-class gap with respect to access to justice, stating that the number of people who are not represented and who do not qualify for aid has increased.

Lamm announced the findings during a news conference earlier today at the National Press Club in Washington, D.C. 

The survey of judges on the impact of the economic downturn on representation in the courts was conducted for the ABA Coalition for Justice.  Respondents came from around the country.

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

By Breaking Legal News, Breaking Legal News.

Elena Kagan is speeding toward confirmation as the 112th Supreme Court justice, with Republicans showing little appetite for a long-shot filibuster attempt after sparring with her over abortion, gays in the military and other divisive issues.

"Solicitor General Kagan will be confirmed," Sen. Patrick Leahy, D-Vt., confidently predicted as the Senate Judiciary Committee wrapped up its examination of President Barack Obama's high court pick.

Barring an unexpected turn, Kagan will succeed retiring Justice John Paul Stevens and become the fourth female justice in the Supreme Court's history. It would be the first time that three of the court's nine justices were women.

Sen. Jon Kyl of Arizona, the Senate's No. 2 Republican, called a filibuster of Kagan "highly unlikely." And asked outright whether Kagan was going to win confirmation, another Judiciary Committee Republican, Sen. John Cornyn of Texas, replied, "I assume she will be."

Kagan, 50, spent her last day before the committee Wednesday trying to reassure conservatives that she would be able to separate her personal and political views from a job as a justice on the ideologically split Supreme Court.

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

By Breaking Legal News, Breaking Legal News.

Susan Merrill, who is stepping down as the head of enforcement at the Financial Industry Regulatory Authority, Wall Street's self-regulatory body, is set to become a partner at the law firm Bingham McCutchen LLP.

Ms. Merrill, 53 years old, will lead Bingham's enforcement practice and advise clients on regulatory and securities enforcement matters. She will join the firm's New York office this week.

"Susan is a recognized leader in the securities field," Jay Zimmerman, Bingham's chairman, said in a statement. "Her arrival to Bingham exemplifies our investment and commitment to building the strongest securities team."

Ms. Merrill was hired by the New York Stock Exchange in 2004 to help revive its regulation division. She became head of enforcement at Finra in 2007 when the National Association of Securities Dealers merged with the regulatory arm of the NYSE, forming Finra. Previously, Ms. Merrill was a litigation partner at New York law firm Davis Polk & Wardwell LLP.

At Finra, Ms. Merrill helped to merge the enforcement departments of the NASD and NYSE, and brought a number of auction-rate-securities cases against Wall Street firms.

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

By Breaking Legal News, Breaking Legal News.

Gary L. West’s Story

On Sep 2, 2005, The Tennessee Supreme Court issued a landmark decision: Gary L. West v. East Tennessee Pioneer Oil. The ruling expanded potential liability in sales to inebriated customers. “Tennessee businesses selling products to visibly intoxicated people are subject to more liability.” The Court found that a convenience store had a duty not to sell gasoline to an inebriated customer who later was involved in a head-on collision.

This landmark Case is the basis of this True Story that lead up to that Decision On July 22, 2000, Gary West was traveling northbound on U.S. Highway 11W, in Knox County, Tennessee, in the dead of night. On the exact same night and exactly at the same time, on the very same road, Brian Lee Tarver was driving southbound in the wrong northbound lane. Tarver crashed head-on into West’s automobile causing severe personal injury and property damage. Just minutes before the accident,

Tarver had been a customer at a gas station’s convenience store located at 7606 Rutledge Pike. Pioneer Oil was the owner/operator of that store. The store clerk, Dorothy Thomas, testified that on the night of the accident, Tarver was visibly “drunk” and “staggering” while at the store immediately prior to the accident. She refused his drunken demand to buy beer, but she did choose to sell the same very drunk Tarver three dollars ($3.00) worth of gasoline. After buying the gas, Tarver was so drunk that he couldn’t even walk out the store’s door properly. And more importantly, not only did he stagger to the pumps; he couldn’t even pump the gas in his car. Another employee, Candice Drinnon, actually had to help him pump the gas, because he was too drunk to figure out how to do so himself! Ms. Drinnon then watched as Tarver drove away going southbound in the wrong lane of traffic without his headlights on. At no time did any of the gas station’s employees attempt to notify the police of Tarver’s actions and his obviously intoxicated state.

Today, The Insider Exclusive goes behind the headlines to meet Greg Coleman of Coleman Edwards, who successfully took this case all the way to the Tennessee Supreme Court to fight for and get justice for Gary West.

Gregory F. Coleman is a highly distinguished attorney who focuses on products liability, litigation, medical malpractice, person injury, complex multi-district litigation, toxic torts, premises liability, class actions, ERISA, ERISA class actions, drug and medical device litigation, and workers’ compensation.

He has tried more than 100 jury trials and countless bench trials. A graduate of Jacksonville State University and the University of Tennessee College of Law, where he was a member of the National Trial Moot Court Team and the recipient of the American Jurisprudence Award for National Trial Team, Greg has been recognized by his colleagues for his outstanding work. He is a Charter Member and Fellow of the Litigation Counsel of America. Coleman Edwards, P.C. aggressively pursues clients’ rights for all types of motor vehicle accidents, including those involving drunk drivers, hit and run drivers, and uninsured/under-insured drivers.

The firm also represents those victims who have been injured in tractor-trailer accidents, workers compensation, toxic tort, asbestos related diseases, and all areas of personal injury. The foundation of the firm’s philosophy in the practice of law is that protecting clients’ rights and interests is the most important thing. You can contact Greg Coleman at 800-487-8669, or www.colemanandedwards.com

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

By Breaking Legal News, Breaking Legal News.

Max Mizejewski (pronounced majeski) received his undergraduate degree from the University of California at Berkeley in 1993. In 1997, Max graduated from Northwestern School of Law of Lewis and Clark College and went on to work in the public sector before entering private practice. As Manager of the Oregon Department of Transportation Environmental Unit, Max gained valuable experience negotiating, problem solving and working through confrontational issues with emotionally charged individuals. Max brings this experience to his private practice which focuses on criminal defense and family law.


Max believes in taking the time to understand each clients unique situation and specific needs. Max represents clients in criminal prosecutions, administrative hearings, dissolution of marriage, custody matters and appeals. Max's tenacious attitude and strategic mindset make him the right advocate to have on your side.

Mr. Mizejewski believes everyone's rights should be protected, and everyone deserves the best possible defense. If you have been charged with a criminal offense, you need to know your rights.  We can defend you against your criminal charges, including the following:

• Drunk Driving (DUII, DUI, DWI) - including underage drinking and driving, refusing a breathalyzer test, driving under the influence of drugs or alcohol, and other drug or alcohol related driving offenses
• Criminal Driving Offenses - including manslaughter, criminally negligent homicide, assault, hit & run, attempting to elude police, reckless driving and licensure issues
• Drug Crimes - including possession, delivery, and manufacturing of marijuana, cocaine, methamphetamine, heroin, designer drugs and prescription drugs
• Property Crimes - including theft, embezzlement, forgery, fraud, computer crimes and burglary
• Violent Crimes - including menacing, stalking and assault
• Stalking - including criminal offenses and civil actions

For more information about Oregon criminal law, Oregon criminal courts,  the criminal process, or to discuss your criminal charges with an experienced criminal defense attorney, please call 541-505-9872 or contact us online.

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

By Breaking Legal News, Breaking Legal News.

Many Americans were glued to their television as President Obama delivered his first State of the Union address last Thursday.

Near the conclusion of his speech, I sat and watched as the President publicly criticized the highest judicial authority, the Supreme Court, for ruling in favor of “allowing corporations to spend without limit in our elections.”

While this statement alone was enough to rile support from some seated in the House chamber, six of nine justices in attendance remained seated; their unmoved faces reflecting their point of view. Except for Samuel Alito.

“Not true, not true,” the Associate Justice appeared to say as he visibly shook his head in opposition to Obama’s scolding.

The question I pose is, where does the disrespect come to an end across the board?

While media networks criticized Alito for his blatant acts of disagreement, no one has questioned the extent to which President Obama took to openly disagree with the Supreme Court.

In the years of the State of the Union address, legal experts do not recall encountering a president openly scolding the court since Roosevelt’s address to Congress in 1937.

Rather than sharing how he felt about their decision, President Obama should have exercised restraint for this particular occasion. The State of the Union address should be a time designated for the president to “report to Congress the current state of the Union” and to implement his own legislative ideas.

At the same time, Associate Justice Alito should refrain from making his gestures of disagreement so blatant.

I am sure that Obama is grateful that he did not have another “you lie” incident, however if the President wants respect from other high ranking politicians, he too should give respect where it is due.

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