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9th Circuit: County Can't Use RICO
Court News | 2008/03/25 09:14

An anti-illegal immigration lawsuit turned out to be much better as a metaphor than as a lawsuit.

When a former leader of Canyon County, Idaho, invoked civil RICO lawsto sue four corporations for hiring illegal immigrants, the move madeheadlines all the way up to The New York Times: The newspaper viewed it as a prism to understand how the immigration issue split the Republican Party.

But an ideologically balanced panel of the 9th U.S. Circuit Court of Appeals disposed of the complaint last week.Canyon County didn't have standing to argue that the companies' allegedhiring of illegal immigrants unfairly upped the cost of providingpublic services, Senior Judge A. Wallace Tashima ruled.

"We find it particularly inappropriate to label a governmental entity'injured in its property' when it spends money on the provision ofadditional public services," Tashima wrote, "given that those servicesare based on legislative mandates and are intended to further thepublic interest."

Senior Judge William Canby Jr. and Judge Consuelo Callahan joined Tashima.



Brits vs. Americans: Who Can Better Weather a Recession?
Opinions | 2008/03/24 14:14
When a downturn hits the economy, elite U.S. firms are better hedged than the U.K.'s -- or so says conventional wisdom. In the past New York's rainmakers haven't felt the effects as sharply as the London locals. But today, with financial markets in crisis and recession looming, how will American firms, with their diversity of practices, stack up against Brits and their superior geographic reach? "I would rather be a lawyer in a U.S. firm in a downturn," says David Lakhdir, a London partner at Paul Weiss.


Appeals Court Rules Against Qualcomm
Court Watch | 2008/03/20 10:57

A federal appeals court has turned down Qualcomm Inc.'s request to hold off imposition of an injunction against sales of some of the company's cellphone chips, while Qualcomm pursues an appeal of a patent suit won by rival Broadcom Corp.

The U.S. Court of Appeals for the Federal Circuit, without providing details, ruled Tuesday that Qualcomm had not met its burden of proof to win a stay pending appeal of the injunction, which was ordered by federal judge in Santa Ana, Calif. on December 31.

The appeals court also denied a motion for Sprint Nextel Corp. to intervene in the case. The company is among the cellphone carriers potentially affected by the injunction.

A federal jury concluded last year that Qualcomm infringed three Broadcom patents, covering features that include digital-video technology, technology for allowing cellphones to use two or more networks simultaneously as well as a push-to-talk feature for instant communications between phones.

The subsequent injunction by U.S. District Judge James Selna had an immediate effect on U.S. sales of some handsets using Qualcomm chips. But most of the affected products fall under a sunset provision so that the company can continue selling them through January 2009 if it pays royalties to Broadcom. Qualcomm has been working on technical changes to some products to avoid infringing the Broadcom patents.

A Qualcomm spokeswoman, in a prepared statement, said: "Although our motion for a stay was denied, the Federal Circuit has recognized the need for speedy resolution of the many issues raised by the verdict and remedy in this case, and has therefore granted Qualcomm's motion for an expedited schedule for briefings and oral argument."



Lawyer Melvyn Weiss to Plead Guilty in Scheme
Headline Legal News | 2008/03/20 10:55
Prominent attorney Melvyn Weiss has agreed to plead guilty in a lucrative kickback scheme involving payments to plaintiffs in class-action lawsuits against some of the largest corporations in the nation, his defense attorney said Thursday.

Weiss will plead guilty to "limited participation in a criminal conspiracy" involving payments to plaintiffs, attorney Benjamin Brafman said in a statement.

"I deeply regret my conduct and apologize to all those who have been affected," Weiss said in the statement.

Brafman did not specify the charges involved in the plea. Weiss previously pleaded not guilty to one count each of conspiracy, mail fraud, money laundering and obstruction of justice in a revised indictment.

The plea deal calls for Weiss to receive a prison sentence of 18 to 33 months, with the court able to substitute time in home confinement or community service.

Weiss also agreed to pay $10 million in fines and forfeiture penalties, according to the statement.

Authorities say the firm now known as Milberg Weiss made an estimated $250 million over two decades by filing legal actions on behalf of professional plaintiffs who received $11.3 million in kickbacks.

The lawsuits targeted companies such as AT&T, Lucent, WorldCom, Microsoft Corp. and Prudential Insurance.



Man Pleads Guilty After Verdict Tossed
Court News | 2008/03/20 08:59
A man who was on death row for nearly 20 years until the U.S. Supreme Court overturned his verdict because of racial discrimination has pleaded guilty to the 1985 slaying for which he was originally sentenced to die.

Thomas Miller-El accepted a deal with prosecutors Wednesday that spares the 56-year-old from heading to death row for a second time but virtually assures he will never leave prison.

A judge sentenced Miller-El to life in prison after he pleaded guilty to capital murder and aggravated robbery in the killing of a hotel clerk. He waived his right to appeal in exchange for prosecutors not seeking the death penalty, reported Thursday.

The plea appeared to end a two decades-old saga in which Miller-El, who is black, had his original conviction tossed in 2005 by the high court on the grounds of racial discrimination in jury selection.

"The attitude currently in the DA's office is not conducive to the tone that existed back when Mr. Miller-El's case was tried," said Doug Parks, Miller-El's attorney.

The Supreme Court cited a manual, written in 1969 and used until at least 1980, that instructed prosecutors on how to exclude minorities from Texas juries. Supreme Court Justice David H. Souter called racial discrimination in Dallas County's jury selection process unquestionable.

Miller-El was sentenced to death row in 1986 by a 12-member jury that included one black. Prosecutors struck 10 of the 11 blacks eligible to serve.

Miller-El pleaded guilty to killing Holiday Inn clerk Douglas Walker during a robbery. Walker and co-worker Donald Ray Hall were bound, gagged and shot. Hall, who was paralyzed in the shooting, identified Miller-El as the triggerman.



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