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: New York Supreme Court Criminal Term LibrarySelections from National Law Journal Daily Headlines March 26, 2009
By David Badertscher, PLL
Source NLJ.com, March 26, 2009.
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WEB-ONLY | 6th Circuit tosses ruling that barred Proskauer Rose from withdrawing as counsel for ex-Credit Bancorp chairman
FROM THE UPCOMING ISSUE | Circuit courts get tough on antitrust and securities class actions
"Across the country, defense lawyers in antitrust and securities class actions have stepped up efforts to decertify class cases, or moved to prevent certification in the first place, boosted by a spate of sympathetic appellate rulings. Corporate victories as recently as January in the 3d U.S. Circuit Court of Appeals, and earlier in the 2d and 5th circuits, have made it more difficult for securities and antitrust suits to survive as class actions. A challenge heard this week by the 9th Circuit will determine the largest employment class certification in history."
"The 6th U.S. Circuit Court of Appeals has thrown out a lower court decision that barred Proskauer Rose from withdrawing as counsel for the former chairman of Credit Bancorp even though he couldn't pay his legal bills. The three-judge panel ruled on Tuesday that the New York-based law firm was not obligated to defend Richard Blech in a civil suit stemming from his guilty plea to securities fraud in 2003 that allegedly bilked investors out of $210 million."
WEB-ONLY | High court finds reversal far from automatic if defendants fail to object to government's breach of plea deal WEB-ONLY | While many firms cut, Nossaman slowly adds to infrastructure group WEB-ONLY | Chicago U.S. attorney indicts two lawyers on mortgage fraud charges WEB-ONLY | 8th Circuit removes federal judge over his angry dismissal of contract case
WEB-ONLY | Pierce O'Donnell files motion to dismiss campaign contribution indictment
"Pierce O'Donnell, the lead attorney representing Hurricane Katrina victims in litigation against the U.S. Army Corp of Engineers, has filed a motion to dismiss a federal indictment against him, arguing that the statute under which he is charged does not prohibit reimbursing others who donate to a presidential campaign under their own names."
"Criminal defendants who fail to object when the prosecution breaches a plea agreement cannot win automatic reversal of their convictions, but must undergo a tough "plain error" review in the appeals court, according to the U.S. Supreme Court. The justices, in a 7-2 decision on March 25, upheld a ruling by the 5th U.S. Circuit Court of Appeals that a forfeited claim that the government violated the terms of a plea bargain is subject to the plain-error standard of review in Rule 52(b) of the Federal Rules of Criminal Procedure."
"Nossaman, in preparation for an influx of government-funded construction projects due in part to the recent economic stimulus plan, has brought on the eighth attorney in the past year to join its growing infrastructure practice group. Kathryn Pett, a former Ballard Spahr partner, has joined Nossaman's Los Angeles office as a partner. Pett joins three other partners, and four associates, who have joined the firm's infrastructure practice group in the past year."
"The U.S. Attorney's Office in Chicago indicted at least two attorneys, including one from a woman-owned Muslim firm in suburban Chicago, as part a group of about 20 people charged with participating in various mortgage fraud schemes in the region."
"A federal appeals court has removed a Missouri federal judge from a $28 million contract case based on the judge's use of profanity and his angry dismissal of the case over testy allegations of discovery abuse. "
OPINIONBOOK REVIEW | A catchy title, but ...
"If there were a trifecta award for book titles, Philip K. Howard's Life Without Lawyers would win it hands down. First, what a catchy title. But it isn't so much lawyers, but laws ? or at least some kinds of laws ? that Howard wants to wipe out. His central claim is that America has become overlegalized. What is most troubling about his prescription is that he universalizes it to virtually every institution without considering whether there might be confounding factors that would call for a different solution."
Full post as published by New York Supreme Court Criminal Term Library on March 27, 2009 (boomark / email).
Brinker International
allegedly falsely advertising the nutritional information on their so-called low calorie menu selections.
Sunwest Management Inc.
allegedly misled residents about staff and daily care.
Newspaper Employees
Chinese Daily News must pay $5.19 million class action settlement for failing to pay overtime.
National Steak and Poultry Recalls 248,000 Pounds of Beef Products
248,000 Pounds of Beef Products Recalled by National Steak and Poultry
Bacteria-Contaminated Acne Cream
National Recall Issued
Federal National Mortgage Association
401(k) / ERISA Stock Fraud

CHPP Daily Brief - March 19, 2009
National Law Journal Article Story Concludes AIG Bonuses Are Legal
Catching up with some notable headlines
Headlines showing how a down economy is a downer for prisoners, too







