Top U.S. class-action lawyer coming to Canada

Legal Business 2011/05/10 08:50   Bookmark and Share
Ontario’s move to allow American-style shareholder class-action lawsuits has attracted a feared and revered Wall Street plaintiffs’ lawyer to the province just as the pendulum is swinging away from similar suits in the United States.

Michael Spencer, a senior partner who sits on the executive committee at Milberg LLP – one of the original class-action firms – is preparing to practise law in Canada.

He was most recently a lead counsel in the Vivendi SA shareholder lawsuit that left the French media company facing an eye-popping $9.3-billion (U.S.) damage award for misleading investors.

The size of that award was reduced by the courts. But Mr. Spencer, who recently led a U.S. class action against a French company on behalf of American, French, British and Dutch investors, is at the epicentre of the globalization of securities class actions.

That epicentre will soon be stationed part-time in the offices of Kim Orr Barristers PC, a Toronto class-action boutique, working on Canadian and cross-border cases.

Mr. Spencer makes no bones about why, at the pinnacle of his career, he is prepared to swap the perks of a privileged life in Manhattan for Toronto. It’s because of Ontario’s Bill 198, enacted in 2005, which allows shareholders who buy stock on the open market to sue if they feel a company misrepresents its financial situation.

Ordinarily, an amendment to provincial securities law would not attract the attention of someone in Mr. Spencer’s ambit, but these are not ordinary times for U.S. class-action lawyers.

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Courts nationwide hold hearings with video

Legal Business 2011/05/09 09:13   Bookmark and Share
George Villanueva, charged with first-degree murder in the death of an NYPD officer, will not leave jail for months of pretrial hearings.

Instead, he'll be beamed into the courtroom via video as lawyers discuss his case in front of the judge.

Villanueva's case is part of a surge in court appearances done by video in New York and around the country, as cash-strapped communities look for ways to boost efficiency and cut costs. The tools are used in courts large and small, and the savings for some are staggering: $30 million in Pennsylvania so far, $600,000 in Georgia, and $50,000 per year in transportation costs in Ohio.

"We've had to trim our spending wherever we can and still provide what we think is effective constitutional justice, and we're doing that with the help of modern technology," said Pennsylvania State Supreme Court Justice Ronald D. Castille.

Advocates say the virtual hearing is easier on defendants, who don't have to get up at 4 a.m. to be shuttled with other criminal suspects to court, only to wait hours standing and handcuffed for an appearance. Judges say their cases are moving faster. And civil liberties groups say the practice raises no red flags.
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Further Class Action Lawsuits Filed for Depakote Side Effects

Court News 2011/05/09 09:12   Bookmark and Share
The Consumer Justice Foundation, a free online resource for those who are struggling with legal or personal injury issues in relation to insurance companies and/or large corporations, hereby announces that Depakote class action lawsuits have been filed by plaintiffs in St. Clair County, Illinois against the manufacturer of Depakote, Abbott Laboratories. These Depakote lawsuits, which carry the case numbers of St. Clair County Circuit Court Case No. 10-L-651 and St. Clair County Circuit Court Case No. 11-L-143, respectively, seek damages for the classes of plaintiffs that would be used to compensate them for medical expenses incurred and future costs that will be incurred in caring for those who have been harmed as a result of using Depakote.

The Depakote class action lawsuits mentioned above involve claims regarding pregnant mothers who used Depakote while pregnant. Depakote is generally used by people in order to help them treat the symptoms of seizure disorders that include migraine headaches, epilepsy and the manic episodes associated with bipolar disorder.

Unfortunately, parents around the United States have claimed that using Depakote while pregnant can lead to the possibility of children of mothers who used this medication while pregnant being born with severe birth defects. Examples of these alleged Depakote birth defects have included spina bifida, neural tube malformations, heart defects and brain defects.

The lawsuits that have been filed against Abbott Laboratories claim that the company knew of the risks of the use of one specific active ingredient, known as valproic acid and its tendency to raise the risk of birth defects developing in children of mothers who ingested this substance during the early stages of a pregnancy.

These Depakote class action lawsuits further claim that Abbott Laboratories misled doctors and the public in general by downplaying these known risks, and that this downplaying of these potential risks led to the harm suffered by the children who were born with these birth defects. Plaintiffs in these Depakote class action lawsuits are seeking compensation for medical expenses and future costs of care.

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Disabled lawyer cranks out lawsuits

Court Watch 2011/05/09 02:12   Bookmark and Share
Scott Johnson calls himself a crusader for the disabled. The hundreds of small businesses he routinely sues call him a legal extortionist.
Welcome to the rough and tumble world of providing access to the disabled. At the heart of the matter is the American with Disabilities Act, the controversial federal law requiring a minimum level of access in all public places.

Disabled advocates say since no government agency enforces the law, that task has fallen to private attorneys who file lawsuits to compel the noncompliant to provide equal access to all. Because of a quirk in California law, the state stands out as a magnet for disabled-access lawsuits and several lawyers have made a name for themselves as frequent filers.

Few, though, are as prolific as Johnson.

Since 2004, Johnson has filed more than 1,000 boiler plate lawsuits in Sacramento federal court, slightly tweaking the documents to fit the target: a restaurant's service counter is too high or an apartment complex doesn't have enough disabled parking. Just last week, the Carmichael lawyer filed more than two dozen lawsuits, mostly aimed at apartment complexes.

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Together, Phoebe and Tyler alerted us to a crisis

Legal Business 2011/05/09 02:12   Bookmark and Share
Phoebe Prince was a recently arrived Irish immigrant, 15 and emotionally fragile, when high school bullying over two boys she dated apparently drove her to hang herself with a scarf in her Massachusetts home.

Tyler Clementi was an 18-year-old violinist with a bright future. He jumped off the George Washington Bridge into the Hudson River after his roommate at Rutgers University allegedly used a webcam to spy on his same-sex liaison.

They never met each other, but together their ordeals put a spotlight on the harm caused by bullying and helped strengthen laws to crack down on what had until then been treated as a rite of adolescence.

"This prosecution has also shattered the myths that bullying is just part of growing up, that it affects only a small number of kids, and that kids can work it out themselves," said David Sullivan, a prosecutor in the Prince case. "The era of turning a blind eye to bullying and harassment is over."

Last week, five teenagers charged in the Prince case admitted in court that they participated in her bullying. In plea deals with prosecutors, they received probation and were ordered to perform community service. If they successfully complete their probation, the charges will be dropped. A statutory rape charge against a sixth teenager was dropped.
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Hearing set in Palin stalker case

Court News 2011/05/08 09:12   Bookmark and Share
A court magistrate is set to consider a request by former Alaska Gov. Sarah Palin to extend a restraining order against a 19-year-old Pennsylvania man accused of stalking her.

At Monday's hearing, a magistrate in Anchorage will consider extending the order against Shawn Christy of McAdoo by six months.

Palin, her father, Chuck Heath, and her friend, Kristan Cole, also have been seeking long-term protective orders against Christy's parents, Craig and Karen Christy.

Craig Christy is accused of barraging Palin's parents with harassing telephone messages, including 26 in one day, and contacting Cole's children on Facebook. Cole's request for a protective order against Karen Christy was denied last month.

Palin and Cole obtained original restraining orders against Shawn Christy last year.

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