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Groups sue to block Florida voter roll purge
Law Firm News | 2012/06/08 00:15

Several groups and individuals on Friday asked a federal court to block Florida from carrying out its purge of potentially ineligible voters from the rolls.

A Hispanic civic organization and two naturalized citizens — backed by the American Civil Liberties Union and others — filed a lawsuit in U.S. District Court in Tampa seeking to halt the purge. Two days ago, the administration of Republican Gov. Rick Scott rejected calls by the federal government to stop the effort.

"The illegal program to purge eligible voters uses inaccurate information to remove eligible citizens from the voter rolls," said Howard Simon, executive director of the ACLU of Florida. "...We now look to the courts to stop the Scott administration from assaulting democracy by denying American citizens the right to vote."

The lawsuit is likely to have little immediate impact because most local election supervisors have halted the removal of voters, citing conflicting legal opinions from the federal government and state officials.



Court won't consider giving man new trial
Law Firm News | 2012/05/19 22:23
The Supreme Court won't consider giving a man convicted in the death of a Texas toddler a new trial because the medical examiner changed her opinion on the cause of death.

The high court on Monday refused to hear an appeal from Neil Hampton Robbins, convicted in the death of 17-month-old Tristen Skye Rivet, who died on May 12, 1998.

At the trial, Dr. Patricia Moore testified that Tristen's death was a homicide caused by asphyxia. But Moore later changed her opinion and said the cause of death was undetermined. Robbins asked for a new trial but the Texas Court of Criminal Appeal refused, saying there is no conclusive evidence of Robbins' innocence and that it wasn't proven that the state purposefully used false testimony.

Some patients' fate could hinge on Supreme Court

If the Supreme Court strikes down President Barack Obama's health care law, it wouldn't just be politicians dealing with the fallout.

Nearly 62,000 patients with serious medical conditions would be out of luck.

They're the "uninsurables," people turned away by insurance companies because of medical problems but covered through a little-known program in the law called the Pre-Existing Condition Insurance Plan. The plan would have to shut down if the entire law is invalidated.

Cancer patient Kathy Thomas is worried she'll be uninsured again without the program. The Florida small businesswoman credits the coverage for saving her life this year when she had to be hospitalized with a serious respiratory infection.



Back Pay Award Reduced Based on Laches in Class Action
Law Firm News | 2012/03/01 10:18
The Indiana Supreme Court recently decided what could prove to be a landmark decision on the doctrine of laches in Richmond State Hospital v. Brattain, Cause No. 49S02-1106-CV-327. If you are dealing with a case involving laches, this decision is a must read.

In this class action, employees who worked in state institutions claimed that the State had breached its contractual duty to provide equal pay for equal work by requiring that they work 40 hours per week for the same pay as employees in state offices who were only required to work 37.5 hours per week. The trial court found in favor of the employees and awarded 20 years of back pay, amounting to $42,422,788. The Court of Appeals reduced that award substantially by limiting back pay to a few months for merit employees but for non-merit employees, affirmed a recovery for 20 years of damages or about $18.7 million.

The Indiana Supreme Court granted transfer and then failed to reach a majority on numerous issues, dividing 2-2. Justice Sullivan did not participate, presumably because he served as State Budget Director during the period in dispute. As a result of the 2-2 split, the Supreme Court summarily affirmed the Court of Appeals on the merit employees' claims. As to the non-merit employees, the Supreme Court was able to reach a consensus, largely in favor of the State's laches defense.

http://www.indianalawupdate.com/entry/Back-Pay-Award-Reduced-Based-on-Laches-in-Class-Action


Indianapolis Business Corporate Law Firm
Law Firm News | 2012/02/29 09:39
Entity Selection amp; Formation
There are many important decisions to be made by an emerging business, each of which come with potential pitfalls that be damaging to the business and its owners in the absence of proper legal guidance. Our attorneys can help you with these issues, steering you clear of the problems while helping you select the type of entity which best serves your business interests and goals. From drafting the formation documents to stock issuance to agreements between co-owners, our Firm’s skilled business attorneys can help you establish a solid legal foundation for your business’s future.

Contract Drafting amp; Negotiation
Beyond the formation of business entities, our Firm acts as a corporate counsel for many of its business clients, including the negotiation, drafting and review of our client’s contracts, ranging in size from a few thousand dollars to millions of dollars. With just a few hours’ time, our review of contracts before they are signed can help our clients avoid paying for hundreds of hours of attorney time in litigation once a contract dispute arises.

Riley Bennett amp; Egloff Law is a Business amp; Corporate law firm that offers an all-inclusive range of legal services for their business clients and is capable of handling the various issues any business can face. Based in Indianapolis, their attorneys have expertise in entity selection and formation, contract drafting and negotiation, and mergers and acquisitions. Their experience can help you establish a solid legal foundation for your business's future. See www.rbelaw.com.


Indianapolis Business Corporate Law Firm
Law Firm News | 2012/02/24 09:46
span style=font-weight: boldEntity Selection amp; Formation/span

There are many important decisions to be made by an emerging business, each of which come with potential pitfalls that be damaging to the business and its owners in the absence of proper legal guidance. Our attorneys can help you with these issues, steering you clear of the problems while helping you select the type of entity which best serves your business interests and goals. From drafting the formation documents to stock issuance to agreements between co-owners, our Firm’s skilled business attorneys can help you establish a solid legal foundation for your business’s future.

span style=font-weight: boldContract Drafting amp; Negotiation/span

Beyond the formation of business entities, our Firm acts as a corporate counsel for many of its business clients, including the negotiation, drafting and review of our client’s contracts, ranging in size from a few thousand dollars to millions of dollars. With just a few hours’ time, our review of contracts before they are signed can help our clients avoid paying for hundreds of hours of attorney time in litigation once a contract dispute arises.

Riley Bennett amp; Egloff Law is a Business amp; Corporate law firm that offers an all-inclusive range of legal services for their business clients and is capable of handling the various issues any business can face. Based in Indianapolis, their attorneys have expertise in entity selection and formation, contract drafting and negotiation, and mergers and acquisitions. Their experience can help you establish a solid legal foundation for your business's future. See a href=http://www.rbelaw.comwww.rbelaw.com/a.


A Class Action Has Been Filed Against GNC
Law Firm News | 2012/02/22 09:45
Abbey Spanier Rodd amp; Abrams, LLP announces that a class action lawsuit has been filed against General Nutrition Centers, Inc. (GNC), Cellucor Sports Nutrition, Woodbolt Distribution, Ltd, Woodbolt Management LLC and Woodbolt International for, among other things, violations of the California Consumer Leal Remedies Act, the California False Advertising Law, and the California Unfair Competition Act.nbsp; This action, filed in the United States District Court, Central District of California (Civil Action No. 12-1336), has been brought as a class action on behalf of all persons in the United States who purchased Cellucor's C-4 Extreme at any time during the four years prior to the filing of this lawsuit (the Class Period).

The complaint alleges that during the Class Period, Defendants engaged in an illegal and deceptive practice of promoting, marketing, distributing and/or selling C-4 Extreme as a natural dietary supplement when, in fact, C-4 Extreme contains a dangerous substance known by many names, including 1,3 Dimethylamylamine, 1,3 Dimethylhexaneamine HCl, 1,3 Dimethylhexaneamine, Methylhexaneamine, and Geranamine (known as DMAA).nbsp; Plaintiff alleges that Defendants failed to disclose that the DMAA contained in C-4 Extreme is wholly synthetic, manufactured and not derived from the geranium plant.

At the time Plaintiff and the class of consumers purchased and used C-4 Extreme, they were unaware that C-4 Extreme contained the synthetic and dangerous stimulant DMAA and that DMAA was not derived from the geranium plant or any other natural source.nbsp; Plaintiff alleges that the DMAA contained in C-4 Extreme is a synthetic product that is illegal and dangerous and has dangerous side effects.nbsp; The safety concerns associated with DMAA have been well-documented, including concerns that DMAA is a dangerous and addictive substance that can cause headache, nausea and stroke.nbsp; Experts have noted that DMAA has a chemical structure similar to amphetamines and ephedrine and can cause increases in heart rate and blood pressure and even death.

www.abbeyspanier.com


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