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Firm Can't Sue Enron Again, 5th Circuit Says
Headline Legal News |
2008/09/10 07:16
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A Houston law firm cannot file 34 more lawsuits against Enron after the high-flying company's financial collapse, the 5th Circuit ruled.
Fleming amp; Associates has represented hundreds of plaintiffs against the failed energy company, but Judge Prado agreed with the district court that the statute of limitations on the latest group of cases had expired.
The lawsuits would have covered 1,200 clients and would have alleged state law claims of fraud, negligence and civil conspiracy. Prado ruled that the district court did not violate any notions of federalism by determining that the state court would dismiss the claims as untimely.
The district court is intimately involved in the many facets of litigation surrounding the Enron collapse, Prado wrote. Further, federal courts often consider issues involving a state statute of limitations. |
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Alabama Sues Banks In $3.2 Billion Bond Fiasco
Headline Legal News |
2008/09/04 07:24
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Alabama sued bond consultants Blount, Parrish amp; Roton and 12 banks and insurers for their part in Jefferson County's sewer bond fiasco: the $3.2 billion debt has the county on the verge becoming the nation's largest-ever municipal bankruptcy. The state claims Blount Parrish bribed Jefferson County Commission President Larry Langford to get its consulting contract, and JP Morgan Chase Bank and others profited by refinancing the enormous debt with auction rate securities and interest rate swaps, for their own benefit.
The Jefferson Parish sewer bond fiasco was the lead item in New York Times financial columnist Gretchen Morgenson's Sunday column on Aug. 31. Morgenson used Jefferson County to illustrate the perils faced by investors in municipal securities, which have $2.6 trillion in outstanding debt.
As state entities, the municipal agencies are largely free of regulatory oversight. More than half of them have failed to file required financial reports, and more than 25 percent chronically fail to do so, Morgenson reported, citing a recent study by DPC Data, one of four data collectors known as nationally recognized municipal securities information repositories.
Alabama claims in Jefferson County Court that Blount Parrish JP Morgan Chase employee Charles LeCroy, on behalf of defendants JP Morgan and JP Morgan Bank, teamed with defendant Blount Parrish to perpetrate the plan of refinancing the County's fixed rate sewer debt with auction rate securities and interest rate swaps, such plan to be for the benefit of the Defendants. It is alleged that co-conspirators Blount and LeCroy, having secured the cooperation of Langford, seized the opportunity to launch the massive sewer debt re-finance plan at issue herein which has brought the County to the brink of ruin.
As a direct and proximate result of the Defendants' alleged conduct, the County and the public have suffered enormous financial harm and the future viability of the County's operations vital to the public has been put in imminent peril. Each Defendant allegedly profited directly fro the scheme or conspiracy perpetrated by Langford, Blount, LaPierre and LeCroy with each Defendant receiving valuable and lucrative contracts relating to the County's bond offerings and swap contracts.
(LaPierre is Al LaPierre, of Blount Parrish.)
The State says that public corruption in Jefferson County government is well documents. In the past several years there have been 21 criminal convictions related to the sewer system, including the conviction of a former county commissioner.
Named as defendants are Blount Parrish amp; Roton, JP Morgan Chase amp; Co., JP Morgan Chase Bank, Bear Stearns Capital Markets, Stern, Agee amp; Leach, Bank of America NA, CDR Financial Services, Goldman, Sachs Capital Markets, National Bank of Commerce of Birmingham, Bank of New York, Financial Guaranty Insurance Co., Financial Security Assurance Inc., and XL Capital Assurance.
The State is represented by James O'Neal and Law One Group of Birmingham. |
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Church to defy federal ruling upholding funeral protests ban
Headline Legal News |
2008/08/29 08:15
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Followers of the Kansas-based fundamentalist Westboro Baptist Church plan to stage a protest at the funeral for late Congresswoman Stephanie Tubbs Jones Thursday, despite a federal appeals court ruling last week that upheld an Ohio law limiting funeral protests. The US Court of Appeals for the Sixth Circuit last week upheld Ohio's funeral protest law against a constitutional challenge raised by Westboro member Shirley Phelps-Roper. Westboro church members have been going around the country picketing military funerals in recent years, claiming US soldiers have been killed because America tolerates homosexuals. Phelps-Roper claimed that the Ohio law was unconstitutionally overbroad, in violation of the First Amendment. The district court rejected Phelps-Roper's challenge, concluding that the provision was a constitutional content-neutral regulation of the time and manner of protests and that the state of Ohio has a significant interest in protecting its citizens from disruptions during funeral events. The Sixth Circuit affirmed, stating that the law was reasonable and that:
blockquote Individuals mourning the loss of a loved one share a privacy right similar to individuals in their homes or individuals entering a medical facility...Unwanted intrusion during the last moments the mourners share with the deceased during a sacred ritual surely infringes upon the recognized right of survivors to mourn the deceased. Furthermore, just as a resident subjected to picketing is 'left with no ready means of avoiding the unwanted speech,' mourners cannot easily avoid unwanted protests without sacrificing their right to partake in the funeral or burial service./blockquoteIn April, Kansas Governor Kathleen Sebelius signed similar legislation banning protests within 150 feet of a funeral one hour before, during, and two hours after the end of a service. At least 37 other states have passed similar laws in response to the Westboro pickets, and a federal lawnbsp; restricting protests at Arlington National Cemetery and other federal cemeteries has also been passed. |
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US soldier sentenced for desertion
Headline Legal News |
2008/08/26 08:15
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A US military judge in Colorado sentenced US Army Pfc. Robin Long Friday to 15 months in prison, dishonorable discharge and demotion after Long pleaded guilty to desertion with intent to remain away permanently. Long fled to Canada in 2005 in moral opposition to the war in Iraq and filed for refugee status there, but a Canadian immigration judge denied his motion in August 2007, writing:nbsp;
blockquote I find nothing in the claimant’s evidence that would support a finding that he could not rely upon the state to protect him from persecution or any other harm. There is no support for a finding that it was objectively reasonable for the claimant not to have sought protection in his country./blockquoteCanadian officials deported Long to the US in July. US authorities initially charged him with desertion with intent to shirk hazardous duty, a more serious offense under the Uniform Code of Military Justice, but Long pleaded to the lesser offense of desertion with intent to remain away permanently the same day as the scheduled start of his court-martial proceedings.
In early July, Canada's House of Commons passed a non-binding resolution to grant US military deserters asylum. In November 2007, the Supreme Court of Canada declined to hear the appeals of Jeremy Hinzman and Brandon Hughey, two US military deserters who had unsuccessfully applied for asylum before the Immigration and Refugee Board of Canada. The IRB had concluded that the two men would receive a fair trial if they were returned to the US and that they would not face persecution or cruel and unusual punishment. |
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Gay marriage foes mobilize for ban in California
Headline Legal News |
2008/08/25 07:03
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| Michael Bumgarner says he's never campaigned for a political cause before, but his strong opposition to same-sex marriage has prompted him to join thousands of volunteers going door-to-door in support of a ballot initiative that would ban gay nuptuals here.pI've never stumped before, but I want to be a part of this, Bumgarner said. The retired insurance executive and devout Mormon said his late mother would turn over in her grave if she knew that gays and lesbians could marry./ppWith less than 11 weeks until Election Day, supporters of Proposition 8 are ramping up their field organization and refining their message as they seek to persuade California voters to shut the door on same-sex marriage. It's the first time voters will be asked to weigh in on the issue in either California or Massachusetts — the states where gays have won the right to wed./ppAn estimated 15,000 backers of the measure, most of them members of Mormon, Catholic and evangelical Christian churches, knocked on doors and distributed campaign literature to registered voters throughout the state this weekend and last, according to Jennifer Kerns, spokeswoman for the Yes on 8 campaign./ppThe initiative is a constitutional amendment, similar to ones already enacted in 26 other states, that would overturn the California Supreme Court decision that legalized same-sex marriage. It needs a simple majority of votes to pass./p |
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Russian oil tycoon's parole bid rejected
Headline Legal News |
2008/08/22 08:36
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| A Russian court rejected jailed oil tycoon Mikhail Khodorkovsky request for parole on Friday.pThe judge said Khodorkovsky was ineligible for early release from a sentence for tax evasion and fraud because he had refused to undertake professional training at his prison, which specializes in sewing, and because of an incident in which he flouted prison rules./ppKhodorkovsky reacted by shaking his head as the decision was announced in the courtroom in the Siberian city of Chita./ppKhodorkovsky — who headed the Yukos oil company and was once Russia's richest man — has spent almost five years in jail. He was sentenced in 2005 to an eight-year term and has been eligible for parole for the past 10 months./ppKhodorkovsky's parole hearing was seen as a test of new President Dmitry Medvedev's commitment to reforming the judiciary./ppThe prosecution of the oligarch was widely viewed as an attempt to silence a Kremlin opponent and consolidate control over Russia's strategic energy sector./ppThe charges and subsequent demand for huge back taxes led to the effective renationalization of Yukos, which was taken over by the state oil company Rosneft./ppKhodorkovsky also faces new charges of embezzlement and money laundering, brought in June against both the former billionaire and his business associate Platon Lebedev. /p |
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