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Court: Exec guilty over faulty French implants
Legal Business |
2013/12/12 21:39
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A disgraced French businessman was convicted of fraud and sentenced to four years in prison on Tuesday for filling tens of thousands of breast implants with industrial grade silicone. But he left the courthouse freely after lodging an appeal, and thousands of women will have to wait longer to discover if they will receive damages.
The ruling in the criminal case by a court in Marseille, which all the trappings of a class-action lawsuit, ordered up to 40 million euros ($55 million) in damages paid to a fraction of the 125,000 women worldwide who received the implants.
However, that sum for Jean-Claude Mas' company, Poly Implant Prothese, was largely theoretical because it is bankrupt, and because the appeal froze any efforts to find alternate sources. It will be months, if not years, before any women see money many say they need to remove the faulty, leak-prone implants.
In addition to his prison sentence, the French businessman was fined 75,000 euros ($103,000).
His lawyer promised to appeal immediately, and Mas left the courthouse without comment. The appeal freezes the jail term, fine and any damages.
Four managers in the now-defunct Poly Implant Prothese received lesser sentences.
The decision established a complex system of damages for about two-thirds of the 7,100 women who joined the case, with a potential total of 40 million euros ($55 million) to be paid by those convicted. But, like Mas' fine, it was not clear where that money would come from. |
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New Calif. court date set for ex-Nevada lawmaker
Legal Topics |
2013/12/09 22:29
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A California court date was pushed back again for a former Las Vegas-area lawmaker jailed since a freeway chase and scuffle with police the day he was expelled last March from the Nevada Assembly.
Prosecutor Shannon Faherty said a Friday court date for Steven Brooks was reset to Jan. 10 in San Bernardino County Superior Court in Victorville at his lawyer's request.
Brooks' defense attorney, Sean O'Connor, didn't immediately respond to a message.
Brooks pleaded not guilty Aug. 6 to felony evasion, obstructing an officer and throwing a substance at a police vehicle charges and misdemeanor harming a police animal.
He's being held at the San Bernardino County Jail on $100,000 bail.
The former North Las Vegas Democrat was expelled from the Legislature March 28 as a security threat. |
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Haiti protest derides Dominican court ruling
Headline Legal News |
2013/12/09 22:28
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Hundreds of protesters gathered Friday to criticize a recent court decision in the Dominican Republic that could strip the citizenship of generations of people of Haitian descent living in the neighboring country.
The crowd peaked at about 2,000 people but thinned out during the march uphill to the Dominican Embassy to protest the decision passed two months ago by that country's court. The demonstrators urged people to boycott travel to the Dominican Republic.
Riot police set up metal barricades on a major thoroughfare that block protesters from reaching the district where the diplomatic mission is located.
The ruling has been met with sharp objection, from Caribbean leaders to the United Nations. On Friday, the Inter-American Commission on Human Rights became the latest international entity to oppose the court decision, calling on the Dominican government to take urgent measures to guarantee the rights of those people affected.
Advocacy groups estimate 200,000 people, many of them of Haitian descent, could lose their Dominican citizenship because of the court ruling. Dominican officials say only about 24,000 would be affected. |
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Supreme Court won't stop NY's Internet taxation
Headline Legal News |
2013/12/05 22:36
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On perhaps the busiest online shopping day of the year, the Supreme Court refused to wade into a dispute over state sales taxes for purchases on websites like Amazon.com, an outcome likely to prompt more states to attempt to collect taxes on Internet sales.
Monday's court action means "it might be the last Cyber Monday without sales tax," said Joseph Henchman of the Washington -based Tax Foundation.
It's all part of a furious battle -- also including legislation in Congress -- among Internet sellers, millions of buyers, aggrieved brick-and-mortar stores and states hungry for billions of dollars in extra tax revenue.
The high court without comment turned away appeals from Amazon.com LLC and Overstock.com Inc. in their fight against a New York court decision forcing them to remit sales tax the same way in-state businesses do. This could hurt online shopping in that state, since one of the attractions of Internet purchasing is the lack of a state sales tax, which makes some items a little cheaper than they would be inside a store on the corner.
And the effect could be felt far beyond New York if it encourages other states to act. The National Council of State Legislatures estimates that states lost an estimated $23.3 billion in 2012 as a result of being unable to collect sales tax on online and catalog purchases.
The court's refusal "allows states that have passed laws like New York's to continue doing what they've been doing," said Neal Osten, director of the Council's Washington office. |
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LA airport shooting suspect appears in court
Legal Topics |
2013/12/05 22:35
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The man charged with killing a Transportation Security Administration officer and wounding two other agents and a civilian during a shooting rampage at Los Angeles International Airport made his first court appearance Wednesday, still showing signs of the gunshot wounds suffered when he was arrested.
Paul Ciancia hadn't been seen in public since the Nov. 1 attack that created chaos at one of the nation's busiest airports and affected air travel around the country.
The 23-year-old spoke in whispers and showed no emotion during the 10-minute hearing in the West Valley Detention Center in Rancho Cucamonga, about 45 miles east of Los Angeles. He's being housed at the facility in federal custody.
U.S. Magistrate Judge David Bristow asked the diminutive, slender Ciancia if he understood the charges against him.
"Yes," responded Ciancia, who was shackled at his hands and feet and had a bandage on his neck and bruises on the left side of his face.
His lawyers didn't comment on his injuries.
Airport police responding to the rampage shot Ciancia four times, including once in the mouth. He was hospitalized for more than two weeks before being placed in federal custody. |
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Seattle lawyer left $188 million charitable trust
Legal Business |
2013/12/02 21:21
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A Seattle lawyer who quietly amassed a fortune by investing his inherited family wealth has left a bequest of nearly $188 million to benefit Seattle Children's Hospital, the University of Washington School of Law and the Salvation Army.
Hospital officials said, in announcing Jack MacDonald's bequest Tuesday, that it was the largest charitable gift in Seattle Children's 106-year history. The Law School said it was also the largest gift in its 114-year history.
The three organizations will receive income earned by the trust each year, with 40 percent, or nearly $4 million a year, going to support pediatric research at the hospital in honor of his mother, a long-time hospital volunteer. Thirty percent of the income goes to support student scholarships and other needs at the law school, where he graduated in 1940, in appreciation of his education.
The remaining 30 percent supports the Salvation Army in honor of MacDonald's father, Frederick MacDonald, who owned MacDonald Meat Co. and wanted to help men and women in need.
Jack MacDonald died in September at age 98. He worked for three decades as an attorney for the Veterans Administration in Seattle. |
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Nevada Supreme Court upholds ethics laws
Headline Legal News |
2013/12/02 21:20
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The Nevada Supreme Court upheld the state's ethics laws on Wednesday while backing the censure of a Sparks councilman for his 2005 vote on a casino project involving his former campaign manager.
In a 5-2 opinion, justices rejected arguments from Sparks Councilman Michael Carrigan that the conflict of interest laws are overly vague and violate constitutional protections of right of association.
Chief Justice Kris Pickering, writing for the majority, said the law serves to ensure that public officers "avoid conflicts between (their) private interests and those of the general public whom (they) serve."
At issue was whether a catch-all phrase in Nevada law extending defined voting prohibitions — such as in matter involving family members, business partners or employers — to any other substantially similar relationship is vague and unconstitutional.
Carrigan was censured by the state Ethics Commission for voting on the Lazy 8 hotel-casino project. Carlos Vasquez, a lobbyist for the project, had served as Carrigan's campaign manager free of charge and placed media ads for the campaign at cost, according to court documents. He also lobbied for the project before the Sparks City Council.
The Lazy 8 was backed by one-time developer and Nevada political powerhouse Harvey Whittemore, who was convicted this year in federal court on felony charges related to illegal campaign contributions made to Senate Majority Leader Harry Reid. |
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