COURT DOCUMENT: Fremont response to motion to dismiss May 4, 2009
DETERMINE PLAINTIFFS FIRST CAUSE OF ACTION. A. Petitioners Arguments to Dismiss Plaintiffs First Cause of Action are Governed by Neb ... The Petitioners premise their Motion to Dismiss the First Cause of Action in Plaintiffs Amended Complaint pursuant to Neb. (Columbus Telegram, NE)
Brother's Suit Over Loss of Sepulcher Proceeds for Playwright Buried in Potter's Field Apr 30, 2009
The brother of a once-celebrated playwright whose body was turned over to students for embalming practice and buried in Potter's Field can proceed with his suit against New York City for the loss of his right of sepulcher, a unique common-law cause of action "evoking the mystery and sorrow of death and the hope for the afterlife," a Manhattan appeals court has ruled ... It concluded that John Melfi's cause of action accrued only when he discovered what had happened to his brother, Leonard Melfi,... (Law.com)
Schools ask for vigilance to combat swine flu Apr 30, 2009
Districts are working with the state and county Health Departments and school medical directors to monitor the situation and determine a cause of action, the letters state. Should schools close, districts are asking parents to not make arrangements that would put their children in close contact with other children. (Auburn Citizen, NY)
Class Action Certified Against Mercedes Over Emergency System Apr 28, 2009
The plaintiffs assert violations of the New Jersey Consumer Fraud Act and a cause of action for unjust enrichment. They claim that Mercedes made statements or omissions of material facts that it knew or should have known were false or misleading when promoting vehicles equipped with "Tele Aid," an emergency response system that linked subscribers to roadside assistance operators through global positioning and cellular technology through AT&T Wireless Services Inc., for a subscription fee. (Law.com)
COURT DOCUMENT: Defendants' motion for summary judgment Apr 20, 2009
Defendants Wanda Kotas, Jerry Hart, and John Wiegert hereby move this Honorable Court to enter summary judgment against the Plaintiff City of Fremont regarding the second cause of action in Plaintiffs Amended Complaint, pursuant to R.R.S. 25-1332 ... Because Plaintiffs second cause of action concerns only the text of the measure at issue in this case and no other factual matter, and because both parties are in agreement as to the wording of the text, there is there is no genuine issue... (Columbus Telegram, NE)
Lodi Unified School District’s defibrillators: They aren’t worth the liability Apr 18, 2009
Jerry wrote on Apr 17, 2009 12:14 PM:" Scrutiny and RU4REAL....I found some time to play. You first Scrutiny, let me answer your last question first: "Im I losing my edge"...no, I so sharp I live at the edge of town. :) As far as finding a someone to represent in a legal action...hey, why don't I represent you.I think we'd have a great shot at a cause of action known as "Failure to Educate. " Send me a list of your alma maters and I will give em' the bad news.RU4REAL...you say: "The Board is... (Lodi News Sentinel, CA)
Mysterious letter likely a bluff, but far from a flop on poker night Apr 18, 2009
cobra kai wrote on Apr 17, 2009 11:31 AM:" It requires malice to be prosecuted for mail fraud. Unintentionally opening mail isn't a crime. Now if this young man profits from this story in any way, the woman may have a cause of action, but you people need to get a grip. ". multifungal wrote on Apr 17, 2009 12:01 PM:" I just don't see why TDN thought this was newsworthy. Sounds to me like both Braae and Pete are hungry for attention. ". (Longview Daily News, WA)
Judge Raps Coughlin for 'Shocking Conflict,' but How About Others? Apr 17, 2009
Manhattan federal district court Judge Jed Rakoff was questioning lead plaintiff candidates, and the administrator of the Iron Workers Local 25 pension fund told the judge that his lawyers at Coughlin Stoia Geller Rudman & Robbins had alerted him that the fund had a cause of action against Credit Based Asset Servicing. The law firm, he said, monitored the fund's portfolio for potential securities litigation prospects at no cost, taking payment only if it brought a successful suit. (Law.com)
GOP says backlash cripples Democrats' top issues Apr 17, 2009
The House speaker said he is hopeful legislation to establish a private cause of action in consumer fraud cases can get approved, but he called it "a long shot" for another bill to raise the compulsory education age through 17 to move this year. "I'm not very optimistic," Murphy said of the compulsory age bill. (Sioux City Journal, IO)
Ruling clears PwC in Portus lawsuit Apr 16, 2009
"One can have great sympathy for [investors] who lost money from investing in the Portus hedge funds and one can share their anger, dismay and disappointment, but for there to be a cause of action, there must be something pleaded in addition to PwC's actual or apparent presence and that something has not been pleaded," the judge ruled in a decision dated April 7. Toronto-based Portus was pushed into receivership by regulators in 2005 after two years of operation amid allegations of fraud. (Globe and Mail -- Business)
COURT DOCUMENT: Fremont petitions for declaratory judgment Apr 13, 2009
COMES NOW, the City of Fremont, Nebraska, and for cause of action. against respondents, states and alleges as follows. (Beatrice Daily Sun, NE)
Couples dubbed 'Party A, Party B' (2) Apr 12, 2009
girard74 wrote on Jun 17, 2008 11:08 AM:" Fairiestitches wrote, 'However, on a side not they can also state that your chosen lifestyle is a hinderance and a common issue between the people they assist. I am most certin that it was my homosexuality.'If anyone stated what you wrote above during your exit interview from a job that you left involuntarily, then you most certainly do have a cause of action against your former employer. You need to visit a lawyer. ". fairiestitches wrote on Jun 17,... (Lodi News Sentinel, CA)
N.Y. Attorney General Sues Financier Over Madoff Losses Apr 7, 2009
By its terms the Martin Act can only be enforced by the attorney general and does not give rise to a private cause of action. In a recovery action brought by a private investor against a "feeder" fund like Merkin's, in a case involving a Ponzi scheme, the lack of scienter was the stumbling block that caused Southern District Judge Colleen McMahon to dismiss the suit, South Cherry Street v. Hennessee Group, 06-CV-2943. (Law.com)
Sperm Banks Can Be Sued Under Product Liability Laws, Federal Judge Rules Apr 2, 2009
O'Neill found that there was a "true conflict" between the laws of the two states because "semen is not a blood derivative," and Brittany Donovan would therefore have a valid cause of action under New York law, but not under Pennsylvania law. Thistle argued that New York law should apply because New York's interest in regulating its corporations outweighed Pennsylvania's interest in providing redress for wrongs committed against one of its citizens. (Law.com)
Second funnel deadline looms in Des Moines Mar 29, 2009
Private cause of action for consumer fraud. Pet custody. (Waterloo Courier, IO)
S'Court Orders Retrial Of Petition Against Yar'Adua's Election Mar 28, 2009
Justice Onnoghen maintained that "the fact on which the ground of non-compliance with the provisions of the Electoral Act 2006 is based was also pleaded. In the circumstance, I am of the view that the lower court was in error when it held that the petition was not based on any ground known to law and did not disclose any cause of action. He further held that the omission of 'National' in the nomenclature of the Independent National Electoral Commission (INEC) by the petitioner was an error which... (Guardian News, Nigeria)
Alden Terrace lawsuit tossed Mar 27, 2009
CAIRO Greene County Judge George J. Pulver Jr. dismissed the lawsuit against the Cairo Town Board and Planning Board, various state agencies and developers of the proposed Alden Terrace development Thursday, ruling that the suit was untimely and failed to state a cause of action. The suit was filed on Sept. 22, 2008 by Cairo First, Cairo Plaza LLC, J. Triple S., Inc, E. Slater, Inc., and the Cairo Township Taxpayers Association. (Catskill Daily Mail, NY)
Citigroup's $60 Billion Suit Over Failed Merger Back in State Court Mar 24, 2009
Citigroup then dismissed the suit and initiated a new action in state court, which omitted the 126 cause of action ... Wachovia and Wells Fargo countered that the reference to the bailout act was "no error" and claimed that Citigroup should not be permitted to "have it both ways" by retaining its federal cause of action but avoiding removal ... Under the well-pleaded complaint rule, "a plaintiff may avoid federal jurisdiction by relying solely on state law. Thus, as long as Citigroup did not... (Law.com)
Make No Mistake: To Err IS Human Mar 23, 2009
(mashburn v. sims, 25 f.3d 980, was a real federal appellate case from the northern district of alabama, cause of action accrued august 27, 1990. it never made it to the supreme court. (CBS News)
Free Speech, Fewer Lawsuits - A Fight Worth Fighting Mar 17, 2009
The court stated in its that, based on a reasonable inquiry, they either knew or should have know that they could not satisfy necessary elements of their cause of action for libel. In other words, the lawsuit should never have been filed in the first place. (Townhall.com)
JUDGE TO RULE ON WHETHER MILLAGE CASE SHOULD PROCEED Mar 6, 2009
Rather, DPBS asserts that there was no authority to hold the election, and the Supreme Court agreed that the circuit court erred in finding that DPBS alleged a cause of action contesting the election. The plaintiff argues that the school district as a government entity is going to financially benefit from the millage and that they cannot receive the benefit because they misrepresented the amount of the tax increase in materials produced prior to the election and widely circulated, Sayre said. (Pine Bluff Commercial, AR)
Woman to fight speeding ticket following police mistreatment claim Mar 5, 2009
" suasponte wrote on Mar 4, 2009 10:03 AM:" Obviously, if she has met or is meeting with an attorney regarding the possibility of a cause of action she would have been advised to not do anything just yet. until suit is filed. (Gaylord Herald Times, MI)
Lawyer's Defamation Claim Reinstated Against Malpractice Insurer Mar 3, 2009
The panel also ruled that Justice Donohue was correct to dismiss Roche's cause of action for intention infliction of emotional distress, finding he failed to produce documentation of medical harm to support the contention. In addition, the judges granted Roche's cross-motion to disqualify Matthew E. Whritenour as Claverack's attorney, citing references in an affidavit from Whritenour that he saw statements in Claverack's file that Roche contends were phony, months before they were allegedly... (Law.com)
Facebook Opens Up To User Debate And Vote Feb 27, 2009
1 You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Facebook in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. (CBS News)
Legal Notices Feb 25, 2009
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. WEBM's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. (IntranetJournal)
Judge Recognizes 'Hot News' Issue in Copyright Action by AP Service Feb 21, 2009
Castel said the federal common law cause of action for misappropriation of "hot news" was first recognized in 1919 by the U.S. Supreme Court in , 248 U.S. 215 ... "No authority has been cited to show that Florida recognizes a cause of action for hot news misappropriation," he said ... "A cause of action for misappropriation of hot news remains viable under New York law, and the Second Circuit has unambiguously held that it is not preempted by federal law," he said, citing the case of , 105 F.3d... (Law.com)
In Reversal, 1st Circuit Orders Business Defamation Case to Trial Feb 20, 2009
The plaintiff does not claim that the e-mail was false, but rather relies on a century-old state law that permits a cause of action for a defamatory true statement published with malicious intent ... "For over 100 years, Massachusetts has recognized a statutory cause of action for a defamatory true statement published with malicious intent, meaning hatred or ill will," Sibbison said. (Law.com)
Law Office in Spa Upset Tranquility, N.Y. Judge Rules Feb 12, 2009
And he stressed that the judge had granted him summary judgment on all but one cause of action. Further, the lawyer said that it made business sense for him to practice out of the 14-by-14 foot room. (Law.com)
Planning and Zoning Commissionappoints legal defense Feb 12, 2009
Mr. Jessell stated, "An individual could potentially have some cause of action, but keep in mind, as public officials you are open to far more criticism than others.". Prior to the election of Mr. Fitzpatrick, the Pission also passed a motion to authorize Mr. Jessell in developing a document to amend the Town Charter. (Town Times, CT)
Michael McCannSPORTS LAW Feb 11, 2009
Players, in fact, are entitled to bring a private cause of action for an alleged duty breach. They could also pursue remedy through the National Labor Relations Board. (SportsIllustrated.CNN)
Post a resume Feb 8, 2009
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. (Atlanta Journal-Constitution -- Home & Garden)
To protect the children Apr 1, 2008
But Simitian has identified a serious deficiency in a well-established state law known as the Tort Claims Act, which requires someone who wants to file a lawsuit against a city, county or school district to initiate his or her claim within six months of cause of action. This rule might make sense for timely reporting of a car accident or tree-removal dispute, but it's incongruous with the reality of sexual abuse of children. (San Francisco Chronicle -- Opinion)
Inspection rules hinder developers Apr 1, 2008
If the engineer certifies shoddy work, the city could call the state Licensing Bureau and bring a cause of action against the engineer. "They are very strict on an engineer certifying something that is not what they say it is," he said. (The Augusta Chronicle)
11th Circuit Demands Sanctions in Libel Suit Mar 25, 2008
"The applicable statutes and case law of both Georgia and Connecticut precluded relief. Before filing their complaint, the plaintiffs were aware of the contents of Enney's memorandum and to whom it was circulated. Based on a reasonable inquiry, they either knew or should have known that they could not satisfy necessary elements of their cause of action for libel.". The typical sanction under Rule 11 is attorney fees, according to Counts, although she said Camp could issue some alternative... (Law.com)
JOIN THE CONVERSATION! WE WANT TO HEAR FROM YOU! Mar 18, 2008
It should be clear by now it won t. Can t the police come up with some cause of action. According to your newspaper, the candidates were supposed to have their yard signs out of yards and roadways so many days after the election. (Rio Rancho Observer, NM)
Patent Attorneys Sue Cisco and Blogging In-House Lawyer for Defamation Mar 15, 2008
Two days later, Ward filed an amended petition in the suit and changed the style to John Ward Jr. v. Cisco Systems Inc., et al. In the amended petition, Ward brings a defamation cause of action and alleges Frenkel knew that many people were reading the defamatory statements in the blog and Cisco was aware of Frenkel's blog activity. "Defendant Frenkel has publicly admitted that he engaged in this activity with the full knowledge and consent of his employer Defendant Cisco Systems, Inc." and... (Law.com)
Big Business's Big Term Mar 6, 2008
Stoneridge is what lawyers call a "cause of action" case; it was about whether the plaintiffs could get into the courthouse to ensure the enforcement of the obligations that the federal Securities Exchange Act of 1934 imposes on corporations ... But starting in 1975, the court began a steady retreat from the idea that judges could "imply" a cause of action, forcing Congress to state clearly that it wants people to be able to sue. (Slate)
Product Safety to Be Considered in the Senate Next Week; Groups Rebut False Charges Mar 1, 2008
" THE TRUTH: S. 2663 creates a database for the collection of consumer complaints and third-party information about potential product hazards to help consumers make safer, better informed choices in the marketplace. NHTSA has had a similar consumer complaint database available to the public for some time. The legislation specifically allows businesses to rebut such complaints, and includes these rebuttals in the data-base. The bill also requires the CPSC to promptly remove any information on the... (PR Newswire)
Class Action Seeking Insurance for Eating Disorders Can Go Forward Feb 29, 2008
That law requires coverage for BBMIs equal to that of any sickness, and Nagel argued the statute includes an implied private cause of action that would entitle him to a jury trial. But Hochberg said even if that were true, the law would be pre-empted by ERISA.. (Law.com)
Dishing Dirt Feb 27, 2008
Wednesday, February 27, 2008, 5:16 am. Sign up for traffic alerts & you could win $50 in gas. (NBCSandiego.com, CA)
Live Blog: Hans Reiser trial for Feb. 26, 2008 Feb 27, 2008
" the judge mouthed to Du Bois at one point. Du Bois asked Hicks if she was reluctant to testify in this case, and Hicks said "it makes you uncomfortable" when an attorney testifies about his or her client because of attorney-client privilege. Du Bois asked the judge to tell the witness about a case that waives this privilege, and Goodman did so: "Cheryl, my research attorneys and I" looked up the applicable case, which basically states that if a client calls his attorney as a witness to testify... (San Francisco Chronicle -- Crime)
Nigeria: Yar'Adua's Election Was Perfect - Tribunal Feb 27, 2008
com: Nigeria: Yar'Adua's Election Was Perfect - Tribunal (Page 1 of 2). Use our pull-down menus to find more stories. (allAfrica.com)
Battle Lines Drawn: City Council ordered to reverse course or respond in court to ousted mayor’s claims (50) Feb 24, 2008
Although Judge DeLapp granted a quick response to the first of Nikkel s legal requests, two other cause of actions spelled out in his petition have not yet been acted upon by the court. The second cause of action contends that Gorman is willfully usurping, intruding into, and unlawfully holding and exercising the office of Mayor of the City of Bartlesville and immediate and irreparable harm, injury, or loss will result to Nikkel before the merits of this claim can be heard if defendant Gorman is... (Bartlesville Examiner-Enterprise, OK)
More of this story Feb 16, 2008
DeLapp s order is in answer to the first cause of action listed in a petition filed Friday morning with the Washington County Court Clerk s office ... The first cause of action in the Nikkel s lawsuit which prompted DeLapp s order contends that Section 5 of Article 2 of the Amended City Charter states that the mayor and vice-mayor shall serve two year terms and opines that the charter is void of any provision permitting the City Council to remove Nikkel from his office as Mayor ... The second... (Bartlesville Examiner-Enterprise, OK)
Overstock.com Obtains Another Positive Ruling in Prime Brokerage Litigation Feb 16, 2008
com the Okay to Continue to Proceed on California's Securities Anti-Fraud Cause of Action and Portions of California's Unfair Business Practices Act Cause of Action SALT LAKE CITY, Feb. 15 /PRNewswire-FirstCall/ -- Overstock. com, Inc. (Nasdaq: ) () announced today another favorable ruling in the lawsuit pending in the Superior Court of California, County of San Francisco against most of the largest prime brokerage firms in the country, including Morgan Stanley ncorporated, Goldman Sachs Bear... (PR Newswire)
Lis on Law: Photos Posted on Gay Web Site Without... Feb 14, 2008
Is there another possible cause of action. Well, although the boys faces were blurred out in most of the pictures, their images were still used without their consent. (Fox News)
Court is out on whether utility can be sued Feb 1, 2008
To found a successful civil claim for damages as a result of the act or omission of another party, a claimant would need a cause of action founded in contract or in delict ... He said a further cause of action was founded upon breach of the electricity supply agreement concluded between Eskom and each consumer. (Business Report, South Africa)
Escaping poor schools Jan 30, 2008
Everything wasn t a (potentially, and likely) cause of action for a lawsuit. So, if for no other reason than schools could effectively enforce their own rules without threat of litigation, they did have parental support. (Atlanta Journal-Constitution)
Memorandum of Justification for Waiver of Section 1083 of the National Defense Authorization Act for Fiscal Year 2008 with Respect to Iraq Jan 29, 2008
Section 1083 would also expose Iraq to potential new liability by undoing judgments favorable to Iraq, by foreclosing available defenses on which Iraq has relied, and by creating a new Federal cause of action backed by punitive damages. Any and all provisions of section 1083 may adversely affect Iraq or its agencies or instrumentalities, by exposing Iraq or its agencies or instrumentalities to liability in United States courts and by entangling their assets in litigation. (White House News Releases)
Ohio Justices Grill Attorneys Over Family Property Rights to Post-Autopsy Organs Jan 24, 2008
David Katz, a lawyer for the family, said, "I can't imagine anyone would come back later who hired a doctor to take something out because it's infected and bring a cause of action because it's been destroyed. That's taking it to this absurd level.". Justice Evelyn Lundberg Stratton asked Katz to cite the section of the Constitution to bolster his legal argument, asking where guarantees of liberty or property fit into the case. (Law.com)
SETTLEMENT AGREEMENT Jan 23, 2008
Further, Mr. Watkins waives and relinquishes any right or cause of action of any kind whatsoever against the School District or its employees, agents or Board members under any federal or state constitution, any statute, any administrative regulation and/or any common law cause of action. Mr. Watkins agrees not to file any grievances or initiate any administrative proceedings, including, but not limited to a claim with the Arizona Civil Rights Division or the Equal Employment Opportunity... (Douglas Daily Dispatch, AZ)
Motion to relieve superintendent of duties fails Jan 22, 2008
The court ruled in a hearing held Jan. 10 at the Bamberg County Courthouse that the South Carolina Freedom of Information Act does not support a cause of action against persons in their individual capacity. As a result, Denmark-Olar School Board Chairman Alvin Maynor, Superintendent Dr. Secaida Howell and school district attorney Charles Boykin were released from the FOIA lawsuit. (Orangeburg Times and Democrat, SC)
San Mateo Hosts Legal Workshops Jan 20, 2008
Topics covered will be: who can and should be party to a lawsuit, what is a cause of action, how do you serve someone and how do I respond to a lawsuit. In addition to the new workshops, the court offers free services such as divorce workshops, settlement assistance for divorce cases and one-on-one information sessions for family law cases. (NBC 11, CA)
AMY GOODMAN: NBC takes a swipe at democracy Jan 18, 2008
NBC claimed that "Mr. Kucinich's claim is nothing more than an illegitimate private cause of action designed to impose an equal-access requirement that entirely undermines the wide journalistic freedoms enjoyed by news organizations under the First Amendment."NBC also argued: "A television station does not have to grant unlimited access to a candidate debate. If anyone's First Amendment rights are being infringed, they are MSNBC's."As the hour of the debate neared, MSNBC hyped the event. The... (Fresno Bee -- Opinion)
Page Mill Properties sues East Palo Alto over rent control ordinance Jan 18, 2008
"The court agreed that we stated a legitimate cause of action and ordered an expedited process for reaching a conclusion on the merits of our case, so we are very pleased with this outcome," said Chris Griffith, a Page Mill attorney with Ellman Burke Hoffman & Johnson. Related Industry News. (San Jose Business Journal)
Supreme Court Wisdom Prevails in Stoneridge Case Jan 17, 2008
The justices reasoning was simple: Congress had not only omitted aiding and abetting liability throughout the securities laws; it had specifically rejected a suggestion by the SEC that such a cause of action be enacted. Government enforcement was Congress s preferred policy; private suits, the Court deduced, should be limited to situations where the secondary actors made misrepresentations that investors could prove they relied on and that caused them harm. (Human Events Online)
High Court's 'Stoneridge' Ruling a Win for Business Defendants Jan 16, 2008
Stevens criticized the majority's "mistaken hostility towards the 10(b) private cause of action." He invoked the old common law rule that "every wrong shall have a remedy" and even cited a 1980 decision by the 2nd U.S. Circuit Court of Appeals, Leist v. Simplot, written by Judge Henry Friendly during the year that Roberts, now chief justice, clerked for Friendly. In that decision, Friendly reviewed the history of implied causes of action in securities and other laws. (Law.com)
U.S. Supreme Court ruling bolsters targets of class-action lawsuits Jan 16, 2008
Language elsewhere in the majority opinion was quite sweeping, leading Justice John Paul Stevens, in the dissenting opinion, to assert that "the court's view of reliance is unduly stringent and unmoored from authority." Stevens added: "I respectfully dissent from the court's continuing campaign to render the private cause of action under Section 10(b) toothless.". Kennedy's majority opinion was joined by Chief Justice John Roberts Jr. and by Justices Antonin Scalia, Clarence Thomas and Samuel... (International Herald Tribune -- Business)
Judge Drops Titans From 'Pacman' Lawsuit Jan 11, 2008
"It's a tragic incident," said Paul Eisinger, a lawyer for the league, "but there's no legal or viable cause of action against the NFL.". The lawsuit filed Oct. 19 seeks unspecified damages from Jones, the NFL, the Titans and the owners of Harlem Knights, a Houston strip club that rented the Las Vegas club for the party the night of the shooting, during NBA All-Star weekend. (FindLaw News)
Yar'Adua asks tribunal to dismiss Atiku's petition Jan 8, 2008
Yar'Adua said: "On a critical look at the petition, one would readily come to the conclusion that it is most confusing and that the petitioners themselves do not know or appreciate what they want, because at one breath, they lay claim to the unproven allegation that no election took place at all and on another breath, allege election rigging, over-voting, and ballot stuffing. Inter alia, 1st Petitioner (Atiku) has contended exclusion from the election. No court of law will come to the aid of... (Guardian News, Nigeria)
Babu adds fresh twist to licence row Jan 4, 2008
This creates the 'cause of action' needed to trigger the imminent legal battle. Loading. (India Times, India -- Intl Business)
(More) Motion filed to dismiss case Dec 29, 2007
No cause of action exists for an unhappy county clerk to sue the county board for additional funding, and the complaint, in its present form, does not allege anything more, the board s attorney said in his motion to dismiss. No court date has been set at this time to hear the complaint. (Princeton Bureau County Republican, IL)
Memorandum of Disapproval Dec 29, 2007
Section 1083 also would expose Iraq to new liability of at least several billion dollars by undoing judgments favorable to Iraq, by foreclosing available defenses on which Iraq is relying in pending litigation, and by creating a new Federal cause of action backed by the prospect of punitive damages to support claims that may previously have been foreclosed. This new liability, in turn, will only increase the potential for immediate entanglement of Iraqi assets in the United States. (White House News Releases)
LI man likely to be freed after 17 years in prison Dec 23, 2007
Whatever cause of action I decide to take, Tankleff will not be in jail. I think that s only fair. (Auburn Citizen, NY)
Rosetta Provides Update Regarding Calpine Bankruptcy Dec 22, 2007
Either Calpine's board acted properly, with all relevant information, and with a reasonable basis for believing that the purchase price Calpine was receiving from Rosetta was fair and in Calpine's best interest, in which event there would not be a basis for the lawsuit against Rosetta, or the board failed to act properly, in which event the board members could be liable and should not be indemnified by Calpine and there would not be a basis for the releases; * Calpine was led by a sophisticated... (Primezone Releases)
