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Va. high court considers ex-King confidant's case
Court Watch | 2011/09/19 22:10
A lawyer has asked the Virginia Supreme Court to throw out the incest conviction of a former top adviser to Martin Luther King Jr.

The Rev. James Bevel, the architect of the 1963 Children's Crusade in Birmingham, Ala., died in 2008 at age 72 while his appeal was pending. His attorney, Bonnie Hoffman, is seeking what's known as an abatement. The idea is that a conviction is not final until the appeals process is complete.

However, Senior Assistant Attorney General Virginia Theisen (THIGH'-sun) said that under the law, convictions are presumed to be valid.

A Loudoun County judge refused to abate the conviction after hearing emotional testimony from Bevel's victim. The Virginia Court of Appeals upheld the decision.

A ruling by the Supreme Court is likely in early November.


Iowa hiring lawsuit begins Monday
Headline News | 2011/09/19 22:10
Trial in a class-action lawsuit alleging racial discrimination against blacks is set to begin in a Polk County District courtroom.

Earlier this month, a judge rejected the state's request to throw out the lawsuit against the state.

Judge Robert Blink disagreed with the state's argument that the case was too broad be legally viable. He said the state agreed years ago to certify the case for class action.

The trial is expected to last three weeks.

The lawsuit was filed in 2007 by 14 people who claim they were denied state positions because they are black. It's grown to cover an estimated 6,000 blacks who sought employment or promotions with the state since 2003.


1 spank isn't domestic violence, Fla. court says
Court Watch | 2011/09/18 22:09
An appeals court says a single spank doesn't qualify as domestic violence.

A three-judge panel of the 1st District Court of Appeal on Friday quashed an injunction for protection against domestic violence.

It cited common law and a 2002 Florida Supreme Court ruling that says reasonable or non-excessive corporal punishment can be used as a defense against child abuse charges.

Circuit Judge Karen Gievers of Tallahassee had issued the injunction against a father identified in the ruling only as G.C.

He had been accused by his former wife of spanking their 14-year-old daughter once on the buttocks with his hand.

The father said the teen had been disrespectful and defiant. The girl said she was only being sarcastic.


Class Action Filed Against Former, Current AP Execs
Law Firm News | 2011/09/16 22:10
A class action has been filed in the U.S. District Court for the District of New Jersey on behalf of purchasers of the securities of the Great Atlantic amp; Pacific Tea Co. Inc. (Aamp;P) for the period between July 23, 2009, and Dec. 10, 2010. The complaint, filed Sept. 9 by Robbins Geller Rudman amp; Dowd LLP, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, Philadelphia and Atlanta, claims that some former and current Aamp;P executives violated the Securities Exchange Act of 1934. Aamp;P itself wasn’t named as a defendant in the action because it filed for bankruptcy protection in December 2010.

Those named in the action are former Executive Chairman and CEO Christian Haub, former CEO and President Eric Claus, former CFO and Treasurer Brenda Galgano, Vice Chairman and Chief Strategy Officer Andreas Guldin, former CEO and President Ron Marshall, and current CEO and President Sam Martin.

The complaint alleges that during the period mentioned above, the defendants failed to disclose material adverse facts about the company’s true financial condition, business and prospects. Specifically, the class action alleges that the executives failed to reveal that Aamp;P was facing increased low-cost competition from retailers such as Walmart and Target, whichnbsp; negatively affected its business and financial condition; that the Pathmark acquisition was a “complete disaster” for the company, as Pathmark’s operations were in far worse condition than had been represented to investors; that Aamp;P wasn’t operating according to internal expectations and couldn’t achieve the guidance endorsed by the defendants; and that, as a result of these factors, the defendants lacked a reasonable basis for their positive statements about the company, its operations and prospects.

The class action seeks to recover damages on behalf of all purchasers of Aamp;P securities during the period noted above. Those who are member of this class can view a copy of the complaint or join the class action online at www.rgrdlaw.com/cases/aandp


Appeals court upholds sentence in Ponzi scheme
Court Watch | 2011/09/15 22:10
A federal appeals court has upheld the 30-year prison sentence for a man convicted of operating what prosecutors called the largest Ponzi scheme in Louisiana's history.

In a 15-page opinion issued Friday, the 5th U.S. Circuit Court of Appeals affirmed the sentence for Matthew Pizzolato, of Tickfaw.

Pizzolato also was ordered to make over $15 million in restitution to the 165 victims he defrauded. He had offices in Baton Rouge, Covington, Hammond and Lake Charles and advertised investment services under several company names, including Gulf Region Guaranty Inc.

Prosecutors said he promised high rates of return and claimed investors' money was protected against losses, but made risky investments they didn't authorize, gave away millions to friends and family and spent much of the money on luxury items for himself.


Guilty plea for Va. man in $318K Social Security fraud
Law Center | 2011/09/09 08:39
A Bristol man has pleaded guilty to stealing Social Security benefits and making false statements in an attempt to hide the thefts.

Seventy-one-year-old David Ross entered the plea Thursday in federal court in Abingdon.

Ross faces a sentence of up to 65 years in prison on all counts.

Federal prosecutors say Ross admitted stealing more than $318,000 in benefits that had been intended for his mother, who died in 1971. He told the Social Security Administration that his mother died in December 2010.


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