Ohio appeals court rules in against Browns in Bentley suit

Court Watch 2011/07/11 00:54   Bookmark and Share
An Ohio appeals court has ruled in favor of former Cleveland Browns center LeCharles Bentley, saying the team can't force NFL arbitration to halt a lawsuit on the career-ending staph infection he says he contracted at the team's training facility.

The Ohio 8th District Court of Appeals in Cleveland on Thursday upheld a Cuyahoga County judge's ruling, saying the issue is not related to the collective bargaining agreement and can be handled in county court.

Bentley's attorney has said he nearly died from the infection he contracted while rehabbing from a knee injury at the team's suburban Berea facility. The team is accused of persuading Bentley to rehab at the training site and failing to tell him about unsanitary conditions and other players who had contracted staph.

The team had argued that state and federal laws support arbitration over litigation.

Bentley never played a game for the Browns after signing a six-year, $36 million contract as a free agent. He tore his left patellar tendon in training camp in 2006, and his career never recovered after the infection.
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Arizona court vacates $75 million cash-only bond

Headline Legal News 2011/07/11 00:54   Bookmark and Share
An Arizona appeals court has vacated what was perhaps one of the highest bail amounts on record in U.S. history that had been set for a father accused of sexually abusing his children.

The brief order issued last week sends the case back to Yavapai County Superior Court Judge Tina Ainley to reset the $75 million cash-only bond for the longtime Sedona resident. She has scheduled a Monday status conference.

The defendant's attorney, Bruce Griffen, sought relief from the appellate court after he tried unsuccessfully to have the case assigned to another trial court judge.

Griffen accused Ainley of abusing her discretion, and exhibiting bias and prejudice.

Prosecutors say those accusations were not proven. They contend the defendant has significant family ties in Brazil and is a flight risk.

The appellate court said Ainley cannot set a bail amount greater than what is necessary to ensure the defendant appears at trial, and can set other release conditions. The court is expected to elaborate on its decision but had not done so as of Friday.


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Law Firm To Collect $35M In Forfeited Bonds

Headline Legal News 2011/07/11 00:53   Bookmark and Share
A law firm will be appointed to collect about $35 million in forfeited bonds owed to Dallas County.

District Attorney Craig Watkins said Wednesday that a law firm, to be selected later, will get to keep 25 percent of the amount collected.

A recent local newspaper review found that many of the uncollected defaulted judgments date back decades. The newspaper reports that Dallas County has been hampered by outdated computers, poor oversight and lack of coordination among departments.

Defendants post bond to get out of jail, paying bondsmen usually 10 percent of the amount set by a judge. If the person doesn’t show up for court, a warrant is issued and the bond is forfeited.

The review found many companies failed to pay Dallas County the full amount.

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Lawyer defends Nevada truck firm in Amtrak crash

Court News 2011/07/10 00:54   Bookmark and Share
A lawyer for the Nevada trucking company whose tractor-trailer slammed into an Amtrak train, killing six people, defended the company’s safety record Thursday and said it was not at fault in two previous accidents cited in state safety records.

John Davis Trucking Co. has been cooperating with local, state and federal investigators and is as anxious as anyone to learn why the driver who died in the June 24 crash ignored flashing lights and crossing gates before skidding the length of a football field into the side of the train, Steven Jaffe of Las Vegas said.

But he said four negligence lawsuits filed against the Battle Mountain company — combined with the ongoing investigation by the National Transportation Safety Board — has kept the brothers who own the family-run business from sharing information that would help shed more light on the tragedy.

“There’s a lot more than meets the eye,” Jaffe told The Associated Press. “I think when it all comes down to it, the public is going to see a very different John Davis Trucking than was originally put out there.

“I believe the evidence will show their conduct was defensible in all of this,” he said. “I have a great deal of trust in the legal system, and if some day we go in front of a jury, I’m confident it will give us the chance to say that we did everything right.”

Federal records reviewed by the AP show the state Department of Public Safety cited the company for 16 vehicle maintenance violations over the past two years and noted it had been involved in two crashes during that period, including one in February 2010 that injured a person in Washoe County.






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Ex-law firm office manager sentenced for theft

Court Watch 2011/07/10 00:54   Bookmark and Share
The former office manager of a northern New Jersey law firm has been sentenced to seven years in prison for stealing more than $400,000 from her employers.

The firm's owners say the thefts Beth Friedland committed between 2003 and January 2010 caused serious financial problems and forced them to lay off staff and associates. The Roxbury Township resident pleaded guilty in March to theft by unlawful taking, admitting she stole $448,721 from the Chatham-based firm of Maloof, Lebowitz, Connahan &Oleske.

The firm, though, claims Friedland took $1.1 million overall and has sued her to regain those funds.

Friedland must serve about 17 months of the sentence imposed Friday before becoming eligible for parole. Her husband, Alex Cruz, who pleaded guilty to conspiracy, was sentenced Friday to three years probation.




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Orange County judge to restrict Costa Mesa layoffs

Headline Legal News 2011/07/06 08:46   Bookmark and Share
An Orange County judge said Tuesday that she will issue a court order to restrict Costa Mesa from laying off nearly half of the city's workforce and outsourcing jobs.

Superior Court Judge Tam Nomoto Schumann said she would grant the Orange County Employees Association's request for a preliminary injunction. But the city has until Friday to file objections before she issues her ruling.

The union filed suit in May, arguing that the city's plan to outsource municipal jobs violates state law and the union contract.

In March, the Costa Mesa City Council majority voted to outsource jobs to mostly private companies in a drastic move to plug a $15 million budget hole.

Soon afterward, 213 of 450 employees got layoff notices that would take effect in September.

Union spokeswoman Jennifer Muir said the court order would protect employees' jobs until the case against the city goes to trial.

Schumann said the city must follow proper procedures when laying off workers, but she didn't explain what those procedures are.

Assistant City Attorney Harold Potter contends the city has been following procedures while pursuing austerity measures.

The judge's ruling won't stop the city from exploring outsourcing options, he said.

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