Online Legal News & Law Firms in the News

Dallas based Valero Cheats Workers Out of Wages with Labor Practices

2009-08-10T15:27:00.000-07:00

While the massive refining company depicts itself as "refining" the way it does business and providing a worker-friendly environment, the reality is shockingly different. "When it comes to its employees," adds Mr. Wittels, "the only thing Valero has refined is how best to fleece its employees out of their wages."

Brought by three current and former California employees, Dorothy McCarthy, Sarndra McKnight, and Janice Clifton, the class and collection action seeks to represent thousands of similarly underpaid Valero employees through the United States, said Weinberg Law Firm, Labor Lawyer Dallas.

A Los Angels Police Chief caught DUI

2009-08-10T14:43:00.000-07:00

Mr. Baker's blood alcohol level, according to court documents, was almost two and a half times the legal limit -- and that result was rendered two hours after the accident. His apparently slurred remark to the arresting officer -- that he had downed a couple of beers -- is highly dubious. With a blood alcohol level of .19 (Virginia's legal limit is .08), Mr. Baker would have had to have had much, much more to drink than a couple of beers. (According to standard charts, a man of Mr. Baker's weight, 210 pounds, would need 10 drinks to reach a blood alcohol level of .19.) So on top of getting behind the wheel in an impaired state, and then, after the accident, failing a battery of sobriety tests, Mr. Baker seems to have lied to the cops, said Michael Bialys, Los Angeles DUI lawyer.

Fireman Sues New York over catastrophic injury

2009-08-05T10:50:00.000-07:00

"After working diligently to release the victim from under the smoldering debris, while on his hands and knees, Kedroski immediately and without delay dragged the 180 to 200 pound victim out through the building into safety," said the lawsuit.

Kedroski and his lawyer, Ann O'Connell, assert that state law requires the city, as his employer, to pay the entire premium of his city health insurance plan for the firefighter, his spouse and for each of his dependant children. His two children are under the age of 18. The lawsuit also points out the fact that the Des Plaines Firefighters Pension Fund Board awarded Kedroski a line-of-duty disability pension, said John Q. Kelly, a New York catastrophic injury lawyer.

Will Obama Keep His Promise to Federal Whistleblowers?

2009-08-05T09:31:00.001-07:00

Former federal air marshal Spencer Pickard says he was forced to resign from his job as a federal air marshal after he helped warn the public in 2006 of dangerous flaws in aviation security procedures. "I'm here because the people need to know if the terrorists do their job right and prepare like they did before 9/11, they will figure out a way to win because we are not undercover," whistleblower lawyer Los Angeles said in a 2006 ABC News 20/20 broadcast. ABC spoke to dozens of current and former air marshals as part of a three-month investigation which found they all had to stay in the same hotels, abide by a dress code banning jeans and sneakers and follow boarding procedures forcing them to identify themselves while passengers look on. The Federal Air Marshal Service subsequently dropped the dress code and hotel requirements.

Illinois gets part of settlement with drugmakers

2009-08-04T14:46:00.000-07:00

Associated Press
July 16, 2009
CHICAGO -

Illinois is among the states involved in a $5.4 million agreement with
Chicago business attorney involving two blockbuster cholesterol drugs.

Merck & Co. and Schering-Plough Corp. said Wednesday they settled with attorneys general from 35 states and the District of Columbia.

Police planning major DUI crackdown

2009-08-03T16:11:00.000-07:00

Checkpoint with 90 officers to be on 'major highway' during Halloween week

Wednesday, October 24, 2007

By Joe Grata, Pittsburgh Post-Gazette

Drivers who have one for the road at Halloween parties may end up with court dates and unpleasant personal consequences.

Ninety law enforcement officers -- about twice the usual complement -- will stage the largest driving-under-the-influence checkpoint ever in Western Pennsylvania sometime between Friday and Nov. 3 on "a major highway in Allegheny County."

Hire a Pittsburgh DUI Defense Lawyer

Los Angeles Class Action Attorneys Ringler Kearney Alvarez LLP

2009-07-31T13:27:00.000-07:00

California personal injury law firm Ringler Kearney Alavarez LLP have established themselves as a premier law firm by providing clients with consistently excellent service. They pride themselves on their intellect, creativity and tenacity.

These Los Angeles class action lawyers have achieved victories in over 100 trials with total verdicts in excess of $250 million.

Ringler Kearney Alvarez LLP achieves their verdicts by utilizing their substantial financial resources to obtain the best result possible for each of their clients. This Los Angeles class action specialist law firm fights tirelessly for their clients, no matter the cost and no matter the foe.

New York Electrocution Lawyer John Q. Kelly

2009-01-08T12:29:00.000-08:00

New York Electrocution Attorney John Q. Kelly is pleased to announce the launch of his new website for The Kelly Group P.C.

The website can be viewed at http://www.kellygrouppc.com and features notable cases and clients of Mr. Kelly.

About John Q. Kelly
One of the most renowned litigators in the country, Mr. Kelly has a proven track record in complex civil and corporate litigation nationwide.

His clients include some of the most widely publicized victims in recent times, including:

- Estate of Nicole Brown Simpson
- Parents of Natalee Holloway
- Estate of Kathleen Savio, ex-wife of Drew Peterson
- Estate of Heiress Anne Scripps Douglas
- Former Yankee great Joe Pepitone

Metrolink Train Accident Commercial - Jerome Ringler

2008-09-26T13:35:00.001-07:00

www.rkallp.com

Los Angeles' Latest Train Wreck not its First

2008-09-19T15:36:00.000-07:00

Metrolink worker sued Burlington Northern Santa Fe, saying his alcoholism returned after the fatal 2002 Placentia collision.

A metrolink conductor who said his drinking problems resumed after the Placentia train crash in 2002 will receive $8.5 million to settle his lawsuit against one of the nations largest railroads.

Patrick Phillips of Riverside agreed Tuesday to settle his suit against Burlington Northern Santa Fe Railway Co. The case was set to go to trial next week in Orange County Superior Court.

Phillips, now 52, suffered minor head injuries the morning of April 23, 2002 when a Burlington Northern Freight train crashed into a Metrolink commuter train in Placentia. Three people died and more than 260 were injured in the early morning crash.

Though his injuries were slight, the conductor alleged that the trauma was serious enough to trigger a resurgence of his severe alcoholism, which he said he had controlled since rehabilitation in the early 1990's.

"I have never seen a case like this in 30 years, yet it is indeed what happened here," said Jerome L. Ringler, Phillips' attorney.

"We had extensive medical evaluations by a variety of neurological specialists. All were in accord that his injury, although minor, changed his behavior."

After the train crash, Phillips was hospitalized for evaluation but released about two hours later, Ringler said. In the months after the crash, however, Phillips allegedly resumed his alcohol abuse, resulting in at least two other hospitalizations.

Ringler said his client was finally diagnosed with alcohol-related dementia, a sever mental deficiency.

Phillips, who is now disabled after working 12 years for Metrolink, was unavailable for comment. He is living with a sister in Riverside.

Under terms of the settlement, Phillips will receive $8.5 million, including interest, paid out over 20 years. The amount is worth about $4.5 million in today's dollars.
Officials for Burlington Northern Santa Fe, one of the nations four largest railroads, confirmed the settlement but declined to discuss the case.

Phillips' lawsuit is one of more than 100 Civil cases stemming from the Placentia crash, which federal investigators said was caused by an inattentive Burlington Norther crew that missed a warning signal.

The lawsuits allege the collision could have been prevented by an automatic braking system, long sought by the federal National Transportation Safety Board.
They also contend that the freight train crew was fatigued by overwork and that the Burlington Northern conductor had a history of losing track of signals.

In December, an Orange County jury awarded Pamela Macek, 53, also of Riverside, about $9 million in damages for psychological and physical injuries suffered in the crash. Her case was the first to go to trial.

Chicago Breach of Contract Firm the Roth Law Group

2008-06-13T14:04:00.000-07:00

The Roth Law Group has been named a Breaking Legal News Featured Law Firm for its outstanding achievements in Business law and contract law in the Chicago area. Below is a little bit about the firm.

About Roth Law:
Business owners know that it takes hard work and dedication to make it in today's competitive marketplace. And choosing a law firm that understands the needs of small business is essential if you want to get a leg-up on the competition. You expect that your law firm will provide you with practical solutions and attentive individualized service. At the Chicago-based business law firm of the Roth Law Group, that's what you get.

At the Roth Law Group, we understand the concerns of small business owners like you and we have experience working in industries ranging from construction to chemical manufacturing. Our lawyers know that you need to remain focused on business and legal issues often detract from this goal. When the Roth Law Group represents you, we concentrate our efforts on resolving matters efficiently and economically and seek to reach the best business outcome in the least amount of time whenever practical. From contract negotiations to commercial litigation, we offer a full-range of business legal services specifically tailored to meet your needs.

If your small business is in the market for business legal services in Cook County or throughout Illinois, contact the Chicago-based Roth Law Group for a Free Initial Consultation. We offer practical solutions to your small business legal challenges at affordable rates.

A Few Representative Matters

-Obtained six-figure settlement on behalf of an Italian-based Manufacturer of wood veneer products in a breach of contract action against U.S. based distributor.

-Obtained judgment in favor of a Commercial Landscaping Contractor involving breach of contract.

-Negotiated nuisance value settlement on behalf of a Multi-Media Company sued for violation of Non-Compete Agreement, thus avoiding business interruption and an injunction.

-Successfully prosecuted foreclosure and other actions on behalf of a Colorado-based Mortgage Company.

www.rothlawgroup.com

London Terror Suspect Has 9/11 Praise on Computer

2008-04-16T13:53:00.000-07:00

Police found an article hailing the September 11 attacks as "courageous and momentous" on a computer belonging to a man accused of helping the July 7 London bombers, a court was told today.

Jurors at Kingston crown court were read the entire 13 pages of the article, which described the attacks as "the single most courageous and momentous act of modern history" and praised the "lions" who carried them out.

Prosecutors said the material was found on a PC belonging to Mohammed Shakil.

The 31-year-old, from Beeston, in Leeds, is accused - along with Sadeer Saleem, 27, also from Beeston, and 24-year-old Waheed Ali, from east London - of conspiring with the four July 7 suicide bombers.

Last week, the court was told that the accused joined two of the bombers, Hasib Hussain and Jermaine Lindsay, on a reconnaissance mission to the capital in late 2004, during which they allegedly surveyed possible targets.

The article about September 11 appeared on an Islamist website and was found on Shakil's computer, which was seized by police from his parents' home, the jury heard.

The author, claimed to be an Afghan called Muadh bin Abdullah al-Madani, wrote that "on a historic sunny September morning in 2001, a few men, armed with little more than their faith, brought the greatest modern military might to her knees".

His article begins with an imaginary recounting of the actions of the hijackers on board the first plane to strike that day, American Airlines flight 11, saying they were "eager for paradise".

"Without a glance, you rise from your seat and dart to the cockpit. Securing control of the plane, you set your sights on your target," it says.

"As the building approaches, you look about you at the faces of your brothers in arms and all you see is the blazing light shining off their faces."

The article goes on to call September 11 the "defining moment in the battle between those who wish to destroy Islam and those who wish to make the name of Allah most high".

The court was told that an interview with Ayman al-Zawahri, al-Qaida's second in command, and a video showing men with rifles and explosive devices were among other items found on the computer.

VA Supreme Court to Weigh in on Lesbian Couples Custody Battle

2008-04-16T13:52:00.000-07:00

The Virginia Supreme Court will hear oral arguments Thursday in a case involving a lesbian couple fighting over who gets full custody of a five-year-old girl.

Janet Jenkins, former partner of Lisa Miller, is suing for custody of Miller's biological daughter even though Jenkins is not an adoptive or biological parent.

Jenkins and Miller entered into a Vermont civil union in 2000 while living in Virginia. Miller got pregnant through artificial insemination from an anonymous donor and gave birth to her daughter in Virginia. The relationship eventually ended.

"It is both unfair and against the law to involve this child in a tug of war between two states," said Greg Nevins, senior staff attorney at Lambda Legal, which will present oral arguments in the case.

"The court of Vermont, which has jurisdiction over this matter, has granted visitation rights for Janet Jenkins, finding a continued relationship between Janet and her daughter to be in the child's best interest," Nevins added.

Both Virginia and Vermont courts have weighed in on the case. The Vermont Supreme Court granted parental rights and frequent visitation to Jenkins, who lives in Vermont. If the Virginia Supreme Court's decision goes against the Vermont Supreme Court's ruling, the case will automatically be sent to the U.S. Supreme Court.

The case hinges on Virginia's Marriage Affirmation Act and the state's marriage amendment, both of which define marriage as the union of a man and a woman. Virginia does not recognize civil unions or domestic partnerships.

The federal Defense of Marriage Act will also be used, and it's designed to protect one state from being forced to recognize another state's same-sex union.

"This case is of paramount national importance. Not only is a little girl's spiritual, emotional and physical well-being at stake, the Virginia Supreme Court will essentially be signaling whether states like Vermont and Massachusetts get to radically redefine marriage and family for the rest of the country," Matt Barber, policy director for cultural issues for Concerned Women for America, said in a statement.

"We're asking for people to join us in praying that the Virginia Supreme Court will protect little Isabella, her mother Lisa and the bedrock institutions of legitimate marriage and family," CWA of Virginia State Director Janet Robey said in a statement.

"We're also asking for people to join in praying, as little Isabella has requested, 'that Janet Jenkins would ask Jesus into her heart,' and then with God's help, deliverance from homosexuality is possible," Robey added.

CWA is holding a prayer vigil at 8 am Thursday in Richmond, Va., followed by a press conference at 10 am.

3 Sisters Locked in Bingo Payout Battle

2008-04-16T13:48:00.000-07:00

It began as a pleasant trip out for a game of bingo but ended in an acrimonious feud played out in the courts.

Yesterday three sisters were locked in a bitter courtroom battle over who has the right to a £50,000 bingo win.

Two of them – Linda Kenny and Doreen Thomas – are suing the third sister, Edna Sexton for their share of the winnings.

The sisters are at loggerheads after Mrs Sexton won the a national game at Buckingham Bingo Palace in Liverpool.

They say their elder sister went back on a verbal agreement to split the winnings equally between them.

But Edna Sexton, 59, claims the three sisters had agreed that any winnings over £1,000 should not be shared between them.

Yesterday the two younger sisters took their case to Chester County Court demanding £16,666 each from their older sibling.

Mrs Kenny, 53, said the big win happened last June when the family had gone on a outing to the bingo hall in Liverpool.

She told the court: "The win was on the national game, which is played at a certain time during the evening.

"I actually bought Edna's national game ticket for her because she was late arriving. To do so, I was let into the queue one place ahead of my sister Doreen – so it really should have been hers anyway."

When the win was announced all three sisters jumped for joy and began hatching plans for a luxury holiday.

Mrs Kenny claimed Mrs Sexton had asked one of the party how much she had won and when she was told it was £16,666, she told them: "Oh that's lovely, I will put £10,000 in the bank and then go on a shopping spree."

It was later that evening that Mrs Sexton changed her mind about sharing the win with her sisters, claimed Mrs Kenny.

She said: "She was saying – there's no reason that I'd share with you but I will give you £10,000 as a gift because you are my sister."

Angry text messages were exchanged and a family rift developed and Mrs Kenny and her sister Doreen Thomas, 57, launched legal proceedings.

Mrs Kenny told the court that the sisters had played bingo together on around 50 occasions, at venues around the North West including Liverpool and Chester, and had won £1,000 on two previous occasions.

She said: "We always shared. We have never disagreed before, until this £50,000 win. It was always done equally, none of us lost out. We always thought it was a binding agreement between three sisters.

"You trust each other as a sister. Until this win we stuck together. I always hoped for a big win now this is the outcome.

"We didn't ever think it would come to this because we did not think anyone would renege on it. As three sisters we would share always. Nothing was written down, it's a trust three sisters put in each other."

At one point during the last two years one of the husband's had questioned the system of sharing all the winnings.

But Mrs Kenny said that as it was a trust shared between three sisters nothing was ever done to change the agreement.

Neil Francis, bingo caller at the Buckingham Palace, said he went to the table to announce the win and said: "Is it just you who have won?" and she said: "No, it's me and my sisters."

Star Wars Costumes in Center of Court Battle

2008-04-16T13:42:00.000-07:00

Two imposing Star Wars figures have made a bizarre guest appearances in the High Court at the opening of a £10m legal battle over the costumes used in the sci-fi films.

Court 52 resembled the deck of Darth Vader's imperial warship as mannequins clad in stormtrooper armour and fighter pilot costume stood at the side of the room, while more than £3,000 worth of helmets, breastplates and gauntlets were arranged before the judge.

They were key exhibits in the case involving the film's creator, George Lucas, and the British prop designer, Andrew Ainsworth, who is accused by Lucasfilm of making illegal replica outfits and selling them for hundreds of pounds.

At the opening of the trial Michael Bloch, QC, for Lucasfilm, likened the characters to "high brow mythology".

He said: "You will hear a lot about helmets and armour. There are no helmets; there is no armour. As far as we know, indeed, there are no half-human, half-cloned warriors such as stormtroopers.

"What we are dealing with are characters of the imagination. They are no more and no less part of a fantastic world than would be a Centaur or Cyclops or Methuselah. It is the stuff of fantasy which may be relevant when one considers the issue of whether they are works of sculpture or artistic craftsmanship."

Like any good blockbuster the trial has been promised a stellar cast. Mr Bloch said it would be hearing from a number of "extremely talented people" and even mentioned Popeye and Roadrunner in passing.
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Among those expected to appear to give evidence are Norman Reynolds, Brian Moore and John Mollo, who all won Oscars for their behind-the-scenes roles in the 1977 science fiction classic.

The court heard that Mr Lucas began working on the Star Wars concept in 1973-74 and by 1975 he, along with Ralph McQuarrie, his illustrator had a fairly clear vision of how the stormtroopers – Darth Vader's henchmen – should look.

It was shown paintings by McQuarrie which were used to guide set and costume makers.

Mr Bloch said Mr Ainsworth, who was recruited in 1976 as a young prop designer for the stormtrooper outfits, took his cue from these paintings.

Among them was the cantina scene in which Chewbacca and others are confronted by stormtroopers.

"By the time Ainsworth was brought in to make the stormtrooper helmet the look to be created had been worked on by a large group of people for perhaps more than a year…It was one of the key images," he said.

Mr Bloch added: "The helmet and armour are among the most iconic images in modern culture. I refer to it as a helmet face as well as a helmet because Ainsworth notes that the paintings convey an idea of something between human and non-human."

The proceedings were punctuated by humour as the barrister described the armour.

Referring to Harriet Harman's recent appearance in her Lambeth constituency wearing police body armour, he pointed to the characters at his side and said: "This suit would not hold you in good stead if you were in outer space. Indeed, it wouldn't be of any great assistance to a secretary of state in Peckham. It offers no real protection – it's suggestive."

The judge, Mr Justice Mann, who confirmed that he had watched the film, asked him if the props would remain in the room.

"They are not going to rustle their papers and they don't have telephones," replied Mr Bloch.

He also observed that "there is nothing to suggest the stormtrooper is not teetotal", and said the masks were designed to show different facial expressions, although he admitted: "I am not sure how a stormtrooper expresses anger."

Mr Ainsworth is believed to have received £30,000 for his work on Star Wars.

His dispute with Mr Lucas dates back four years when he began recreating masks and armour from original moulds at his base at Shepperton Design Studios in Twickenham, south-west London.

Mr Lucas has already won the equivalent of £10 million in damages in a US court but needs the support of the High Court to enforce the order on Mr Ainsworth as he lives in Britain.

Mr Ainsworth claims the design rights have expired and is also countersuing for a share of the £6 billion generated by Star Wars merchandising over the last 30 years. The case continues and is expected to last 10 days.

JK Rowling Begins Her Court Battle

2008-04-16T13:40:00.001-07:00

JK Rowling has begun her court fight against a publisher planning to bring out a Harry Potter encyclopaedia.

The Potter creator will give evidence in New York later today in a case against writer Steven Vander Ark and RDR Books who she claims are violating her copyright by publishing the Harry Potter Lexicon.

Her lawyer Dan Shallman has said that Rowling "feels like her words have been stolen".

A Heated court battle over estate of murder victims

2008-04-16T13:38:00.000-07:00

There's more legal trouble for a Manitoba family at the center of a triple murder mystery.

Brothers Joel and Daniel Labossiere have filed a lawsuit against the estate of their cousin, Remi Labossiere, seeking collection of an $82,000 loan.

The pair, who own JDL Construction, say they gave Remi the cash in 2002 with the understanding it would be repaid with interest.

Remi never had a chance to make good on the deal.

He was shot to death in November 2005, along with his father Fernand and mother Rita. The three were found inside their St. Leon farmhouse, which was also set on fire.

No arrests have been made and the investigation is ongoing.

Remi's estate has not been distributed and is currently in the hands of a Winnipeg lawyer. It is also the subject of another ongoing civil court battle.

At issue is which of two wills should be accepted. An August 2000 will leaves proceeds from the estate, valued at about $1.3 million, to six nephews and nieces.

The second will, dated July 2005, leaves all the property to Remi's brother Jerome, his wife Claudette and their young son.

Jerome Labossiere is a convicted drug dealer who got caught up in one of Manitoba's largest crackdowns on the Hells Angels.

He was arrested in February 2006 as part of "Project Defence" and pleaded guilty to drug charges three months later. Labossiere admitted to selling two kilograms of almost pure cocaine on separate occasions in 2005 to undercover agent Franco Atanosovic, who was paid $525,000 by police to infiltrate the Hells Angels.

Labossiere was sentenced to six years in prison, but has been out on day parole since last December. He will be granted full parole next month after serving just two years of his sentence.

National Parole Board documents also show his parole officer was concerned that Labossiere's release could be thwarted by the temptation to return to a life of crime.

Labossiere claims he's severed his ties with the Hells.

He currently works full-time as a welder.

Looking forward to tax season

2007-01-03T15:35:00.000-08:00

I love this time of year, this is when I make all my money! If you need your taxes done, don't hesitate to call me and I can get to work on them right away. The earlier the better to increase your chances of getting through to me.

My first post on my new little blog

2007-01-02T16:30:00.000-08:00

How exciting is this?!!?!? I finally have my very own blog that I can do with what I please, wish I had more things in my life like this. Anywho, don't know what to write now, all this time and now I know nothing to write...I will get back to you later when I think of something, I have to get my taxes in order soon, not looking so good. Anyone know of any tax lawyers?