Court won't stop class-action suit against Pella

Headline Legal News 2011/01/19 02:56   Bookmark and Share

The Supreme Court won't stop the class-action certification of a lawsuit against Pella Corp. over a purported defect in one of its windows.

The high court on Tuesday refused to hear an appeal from the window-maker.

The lower courts have certified a class-action lawsuit against Pella. The lawsuit alleges that Pella's aluminum clad wood "Proline" casement windows have a design defect that allows water to seep behind the aluminum cladding. They claim that allows the wood to rot at an accelerated rate, and that Pella committed consumer fraud by not declaring publicly the role that the purported design flaw had in the rot.

But Pella fought the class-action certification, saying consumer fraud claims are inappropriate for class treatment.


top

Court to issue ruling on Berlusconi's immunity law

Legal Business 2011/01/17 22:57   Bookmark and Share

Judges of a top Italian court began deliberating Thursday on whether to uphold a law shielding Premier Silvio Berlusconi from two trials in Milan.

The Constitutional Court must decide if the legislation complies with the constitution, including the principle that all are equal under the law. It is expected to issue its ruling later Thursday.

If the court rejects the law, Berlusconi's two trials, on corruption and tax fraud charges respectively, will resume.

Berlusconi insisted this week that his government's stability will not be affected by the decision, and that he is "totally indifferent as to whether the trials are suspended or not." He called the trials "ridiculous."

But any decision will be fraught with political repercussions, and a rejection would deal a blow to a premier already weakened by sex scandals, a fight with an ex-ally and a shaky parliamentary majority.

The legislation suspends court proceedings for up to 18 months if the defendant has a "legitimate impediment" stemming from being premier or a member of government.

The law drew accusations that it was tailor-made for the premier, but Berlusconi's lawyer told the Constitutional Court in a hearing this week that the legislation is necessary to safeguard the right to a fair defense and that the Italian criminal code already envisages cases of legitimate impediment, such as grave sickness.


top

Judges skeptical of detainee case against Rumsfeld

Legal Business 2011/01/15 22:57   Bookmark and Share

A panel of federal appeals court judges expressed doubts Thursday that former Defense Secretary Donald H. Rumsfeld and three former military officers can be sued for allegedly allowing torture in U.S. military prisons in Iraq and Afghanistan.

In courtroom arguments, two of the three judges were skeptical that Rumsfeld and three U.S. military officials could face damage claims for exercising command responsibility over subordinates accused of torturing prisoners. Nine prisoners have filed suit.

"You are turning two centuries of Supreme Court jurisprudence on its ear," David Sentelle, the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit, told an attorney for the detainees.

Sentelle and Judge Harry Edwards suggested that the defendants should be immune from the suit because it wasn't clear that the U.S. Constitution applied overseas when the detainees say they were tortured.

Rumsfeld and the officers shouldn't be allowed to escape accountability, Cecillia Wang, an American Civil Liberties Union attorney for the prsioners, told the judges.

There is no question that Rumsfeld knew that permitting torture violates the U.S. Constitution and he should have to answer the accusations in the lawsuit, said Wang.


top

Judge orders Michael Jackson doctor to stand trial

Court Watch 2011/01/13 22:57   Bookmark and Share

Dr. Conrad Murray, the physician who was demonized by Michael Jackson's family and fans, was ordered Tuesday to stand trial for involuntary manslaughter after court testimony showed he administered a powerful anesthetic and other sedatives then left the pop star alone.

The ruling set the stage for what could be the final chapter in the Jackson saga — a high-profile trial that will examine all aspects of the star's death and try to finally place responsibility for his demise at the age of 50.

Witnesses at the six-day preliminary hearing filled a number of gaps in the story of Jackson's final hours, with accounts of his actions and the sad plight of two of his children watching briefly as their father lay dying.

Other witnesses recounted Murray's claim that he delayed calling 911 for perhaps more than an hour while he tried to revive the singer. A security guard indicated that Murray seemed to be rushing to hide evidence before paramedics arrived.

Superior Court Judge Michael Pastor said the hearing included sufficient evidence to support a possible finding of guilt at trial. Murray's defense attorney Ed Chernoff and prosecutors declined comment on the ruling.



top

Brown seeks 5-year extension of California taxes

Topics in Legal News 2011/01/11 12:59   Bookmark and Share

Gov. Jerry Brown said Monday he will ask a deeply divided California electorate to decide what they want from state government and how much they are willing to pay for it, bringing the state's fiscal crisis home to every Californian.

In unveiling the first spending plan of his administration, the Democratic governor called for personal sacrifices from every citizen while deep cuts are made to programs that many hold dear, such as universities, community colleges and medical care for the poor.

He also intends to ask residents to extend for five years a series of temporary sales, income and vehicle license taxes or risk a "drastic breakdown" in state government.

"Here's the problem: We're very divided ... My job is to find some common core here that we can agree on," Brown said. "I'm just going to lay out the facts. Whatever they decide, obviously will be the will."

His budget projects the deficit at $25.4 billion over the next 18 months.

To close it, Brown called for $12.5 billion in spending cuts, including reductions in welfare, social services and higher education, as well as $12 billion in funding shifts and new revenue if voters agree to extend taxes.

top

Court denies bail for imprisoned ex-Ill. Gov. Ryan

Topics in Legal News 2011/01/10 22:59   Bookmark and Share

A federal appeals court in Chicago has denied imprisoned former Illinois Gov. George Ryan's request to be freed on bail so he can spend more time with his terminally ill wife.

The court on Monday rejected the emergency motion filed by Ryan's attorneys last week after Lura Lynn Ryan was taken to intensive care suffering complications from chemotherapy.

Prison authorities did escort the 76-year-old to see his wife for two hours the same day she was admitted to the hospital. Prosecutors cited that clandestine visit as one reason judges shouldn't grant Ryan's release.

Former Gov. James Thompson, a Ryan attorney, says the defense now will ask Democratic President Barack Obama to commute Ryan's sentence from 6 1/2 years to the three years the Republican's already served for his 2006 corruption conviction.

top









Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design