Army orders court-martial in WikiLeaks case

Headline Legal News 2012/02/06 09:56   Bookmark and Share
An Army officer ordered a court-martial for a low-ranking intelligence analyst charged in the biggest leak of classified information in U.S. history.

Military District of Washington commander Maj. Gen. Michael Linnington on Friday referred all charges against Pfc. Bradley Manning to a general court-martial, the Army said in a statement.

The referral means Manning will stand trial for allegedly giving more than 700,000 secret U.S. documents and classified combat video to the anti-secrecy website WikiLeaks for publication.

The 24-year-old Crescent, Oklahoma, native faces 22 counts, including aiding the enemy. He could be imprisoned for life if convicted of that charge.

A judge who is yet to be appointed will set the trial date.

Manning's lead defense counsel, civilian attorney David Coombs, didn't immediately return a call Friday evening seeking comment on the decision.

Defense lawyers say Manning was clearly a troubled young soldier whom the Army should never have deployed to Iraq or given access to classified material while he was stationed there from late 2009 to mid-2010.

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Class Action Lawsuits Now Target Law Schools

Topics in Legal News 2012/02/06 09:55   Bookmark and Share
A threatened wave of class actions against American law schools became a reality last week after plaintiffs' lawyers sued a dozen more schools over their allegedly misleading use of salary and employment data. But this trend in "consumer protection" is potentially damaging, not only to U.S. law schools, but to higher education in general, said two attorneys for the national law firm LeClairRyan.

"If the goal of these suits is securing transparency on jobs data, then the plaintiffs and their counsel are going about this in entirely the wrong way," said veteran class action defense attorney  Michael Haratz, a Newark-based partner in LeClairRyan's Business Litigation team.  "While there is nothing wrong with working toward clear, consistent and coherent reporting standards, such matters are best addressed via the regulatory process—not by bending higher education to fit a consumerist paradigm more appropriate to a purchaser of traditional consumer goods."

The trend shows every sign of expanding to other institutions across the country, added Haratz. "According to a prominent legal journalist, for example, one of the plaintiffs' lawyers—someone who previously declared 2012 'the year of law school litigation'—hopes to sue up to 25 new schools every few months," he said.

The new complaints come in the wake of highly publicized class actions filed last year against Thomas M. Cooley Law School, New York Law School and Thomas Jefferson School of Law. The latest schools to be targeted reportedly are: Albany Law School, Brooklyn Law School, Hofstra Law School, Widener Law, Florida Coastal School of Law, Chicago-Kent College of Law, DePaul University College of Law, John Marshall Law School, California Western School of Law, Southwestern Law School, University of San Francisco School of Law, and Golden Gate University School of Law.

The complaints allege that U.S. law schools artificially boost enrollments by exaggerating or misrepresenting graduates' employment and salary statistics. "The problem with such litigation is that it runs contrary to the purpose and spirit underlying the class-action lawsuit as a vehicle for consumer redress," said Robert B. Smith a Boston-based LeClair Ryan partner and leader of the firm's Education Industry team. "Why? Because the consumerist paradigm does not fit higher education. Just as law degrees should not come with guarantees of 'gainful employment or your money back,' law students should not regard themselves as consumers entitled to same. After all, they are individuals with varying degrees of talent, motivation, discipline and intelligence. Their futures are their own responsibilities."  

About LeClairRyan

As a trusted advisor, LeClairRyan provides business counsel and client representation in corporate law and litigation. In this role, the firm applies its knowledge, insight and skill to help clients achieve their business objectives while managing and minimizing their legal risks, difficulties and expenses.  With offices in California, Connecticut, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, Virginia and Washington, D.C., the firm has approximately 350 attorneys representing a wide variety of clients throughout the nation.  For more information about LeClairRyan, visit www.leclairryan.com.

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Magnet Toy Class Action Settlement

Court News 2012/02/05 09:56   Bookmark and Share
On December 15, 2011, the Honorable Susan D. Wigenton, U.S.D.J., granted final approval of a class action settlement in the lawsuit Chris Doering, et al. v. MEGA Brands, Inc., et al., Civil Action No. 2:08-CV-1750 (SDW) (MCA).  Defendants MEGA Brands, Inc., et al. agreed to settle legal claims surrounding certain Magnet Toy products, many of which were subject to recalls instituted by MEGA Brands in cooperation with the Consumer Products Safety Commission ("C.P.S.C.").  Plaintiffs in the lawsuit alleged that certain "Magnet Toys" (as defined in the parties' agreement to settle the action) contained defective magnets, and sought a refund of all monies paid.  This lawsuit did not allege any personal injury claims.  Defendants have denied any and all liability.  However, the parties have agreed to settle the matter to avoid the expense and resources that would be needed for further litigation.

The Settlement covers over 10 million MEGA Brands Magnet Toys, including the Magnetix family of toys, as well as Mag-Warriors, Magnaworld, Magna-Bugs, Magna-Wheels, Magna-Saurs, and Magna-Bones, among others.  A complete list of the "Magnet Toys" covered by the proposed Settlement as well as pictures of those toys is available for consumers to at www.megabrandssettlement.com.

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Miss. high court takes ex-gov pardons case

Legal Business 2012/02/04 10:02   Bookmark and Share
The Mississippi Supreme Court said Wednesday it will take up the legal challenge to the pardons ex-Gov. Haley Barbour gave out in his last days in office.

State Attorney General Jim Hood, a Democrat, wants to invalidate dozens of the 198 pardons that Barbour, a Republican, handed out before his second four-year term ended Jan. 10. Ten of the people were still incarcerated when they received reprieves.

Only about two dozen of the people pardoned followed the Mississippi Constitution's requirement to publish a notice about their reprieves in their local newspapers for 30 days, said Hood, who wants the others invalidated. Barbour has said the pardons are valid and that he gave them because he's a Christian and believes in second chances.

Most of the people who could lose their pardons already served their sentences and have been out of prison for years. Some of them were convicted of comparatively minor crimes as far back as the 1960s and 1970s and have never been in trouble again.

Five of the pardoned are being held on a temporary restraining order issued by Hinds County Circuit Judge Tomie Green. The Supreme Court extended that order until it can rule on the matter. It set a hearing for Feb. 9 and said it would try to rule quickly.
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Court rules against abortion protester's lawsuit

Headline Legal News 2012/02/03 10:02   Bookmark and Share
A federal appeals court in Philadelphia has ruled that an anti-abortion protester arrested near the Liberty Bell in 2007 can't collect damages from park rangers who detained him.

The three-judge panel on Thursday upheld a lower-court ruling to dismiss 32-year-old Michael Marcavage's lawsuit against two Independence National Historic Park rangers. The Philadelphia Daily News reported on the panel's decision.

The suit stemmed from Marcavage's arrest after he refused to move his protest to another area of the park. A federal magistrate convicted the Lansdowne resident of two misdemeanors.

Marcavage appealed and claimed rangers violated his constitutional rights. In 2010, a federal appeals court threw out the misdemeanor convictions. Then Marcavage filed an amended complaint arguing that park rangers were liable for unspecified damages. The court ruled against him.

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French court upholds Scientology fraud conviction

Topics in Legal News 2012/02/02 10:02   Bookmark and Share
A French appeals court on Thursday upheld the Church of Scientology's 2009 fraud conviction on charges it pressured members into paying large sums for questionable remedies.

The case began with a legal complaint by a young woman who said she took out loans and spent the equivalent of euro21,000 ($28,000) on books, courses and "purification packages" after being recruited in 1998. When she sought reimbursement and to leave the group, its leadership refused to allow either. She was among three eventual plaintiffs.

"It's a severe defeat for the Church of Scientology, which is hit at the very heart of its organization in France," Olivier Morice, a lawyer for the National Union of Associations Defending Family and Individual Victims of Sects, told reporters after the decision.

Karin Pouw, a spokeswoman for the church in Los Angeles, denounced Thursday's decision, calling it a "miscarriage of justice."

She said the group would appeal the decision to the Court of Cassation and plans to bring a complaint to the European Court of Human Rights. Another complaint is pending with a U.N. special rapporteur.

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