Legal Interview 2012/07/18 15:54
A couple months before Brad Toft emerged as the only Republican in a crucial state Senate race, he pressed officials to seal records from a past court case.
In a signed letter, Toft seemed to suggest that he wasn't the same person cited in the court files, saying that he shared a name with one of the parties but arguing that "the specific identity of the defendant is unclear." He wanted the records blocked from public inspection, declaring that the files might do damage to his reputation.
Toft, however, acknowledged to The Associated Press that he was the defendant in the case, saying he was simply exploring whether an old judgment could be vacated.
Court News 2012/07/11 15:32
Two former New Orleans police officers have asked a federal appealscourt to throw out their convictions on charges stemming from thefatal shooting of a man whose burned body turned up in HurricaneKatrina's aftermath.A three-judge panel from the 5th U.S. Circuit Court of Appeals also onWednesday heard the Justice Department's appeal of a judge's decisionto order a new trial for a third officer, Travis McCabe.McCabe was convicted of writing a false report on Henry Glover's 2005 shooting.The panel didn't indicate when it would rule.David Warren, who was convicted of shooting Glover withoutjustification, argues he shouldn't have been tried alongside otherofficers charged in the case, including Gregory McRae, who wasconvicted of burning Glover's body in a car.
Headline Legal News 2012/07/09 15:17
The FBI is investigating the apparent theft of $17 million from Northern California trust fund accounts.
The San Jose Mercury News says the money has vanished from the trust funds of dozens of Santa Clara County residents who relied on a money manager to oversee their life savings.
Probate court records show the investigation centers on accounts administered by Christine Backhouse. She handles more than $104 million in assets.
Court records show she doesn't have enough insurance to cover the missing funds.
Backhouse says a boyfriend secretly wired millions of dollars out of the trusts.
The Campbell money manager mostly handled private trusts with no judicial oversight of her fees for service.
Court Watch 2012/07/06 15:33
A state appeals court rejected a challenge to New York's year-old same-sex marriage law Friday, ruling closed-door negotiations among senators and gay marriage supporters including Gov. Andrew Cuomo did not violate any laws.
The Appellate Division of state Supreme Court in Rochester ruled against gay marriage opponents who argued that Republican state senators violated New York's open meeting rules ahead of the law's passage last year.
The marriage law was given final legislative approval by the state Senate after weeks of intensive lobbying and swiftly signed by Cuomo, making New York the largest state to legalize same-sex weddings. Same-sex couples began marrying by the hundreds on July 24, 2011, the day the law became official.
"The court's decision affirms that in our state, there is marriage equality for all, and with this decision New York continues to stand as a progressive leader for the nation," Cuomo said after the court's ruling.
New Yorkers for Constitutional Freedoms said Cuomo and another gay marriage supporter, New York City Mayor Michael Bloomberg, met behind closed doors with the Senate's Republican majority in violation of the open meeting law.

Topics in Legal News 2012/07/05 02:06
Brazil's top labor court has knocked down a judge's order that Shell Brasil SA and BASF SA deposit $382 million into a fund for workers allegedly contaminated at a chemicals plant.
An emailed statement from the court Wednesday says its lead judge ruled a day earlier in favor of an appeal against immediate payment. A class-action lawsuit seeking compensation from the companies remains before the labor court.
A federal judge in late June ordered the subsidiaries of Royal Dutch Shell PLC and BASF SE to pay into the fund now. Prosecutors sought the order, saying the cash should be immediately available in case workers win the overall lawsuit.
Both Shell and BASF welcomed the new ruling and say they will abide by all legal decisions in the case.
Legal Business 2012/07/05 02:06
Law Offices of Howard G. Smith announces that a class action lawsuit has been filed in the United States District Court for the District Court of the Virgin Islands on behalf of all persons or entities who purchased or otherwise acquired the common stock of Tibet Pharmaceuticals, Inc. pursuant and/or traceable to the Registration Statement and Prospectus issued in connection with the Company’s Initial Public Offering, including all those who purchased Tibet stock after December 28, 2010.
Tibet focuses on the research, development, manufacturing, marketing and selling of modernized traditional Tibetan medicines in China. The Complaint asserts violations of the federal securities laws against Tibet, its officers and directors, and underwriters of the IPO for issuing allegedly inaccurate statements of material fact about the Company’s financial and business condition, which ultimately caused trading of Tibet’s stock to be halted and delisted by the NASDAQ, causing investors to lose nearly their entire investment. The Complaint alleges that defendants misrepresented and failed to disclose the Company’s material internal control deficiencies, which rendered the Registration Statement and Prospectus materially false and misleading.
No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Tibet common stock pursuant or traceable to the Company’s IPO and/or after December 28, 2010, you have certain rights, and have until July 25, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice.
http://www.howardsmithlaw.com.
