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Court throws out judge-drawn Texas electoral maps
Court Watch | 2012/01/20 05:12
The Supreme Court on Friday threw out electoral maps drawn by federal judges in Texas that favored minorities. The decision ultimately could affect control of the U.S. House of Representatives and leaves the fate of Texas' April primaries unclear.

The justices ordered the three-judge court in San Antonio to come up with new plans that pay more attention to maps created by Texas' Republican-dominated state Legislature. All four of the state's new congressional seats could swing based on the outcome.

But the Supreme Court did not compel the use of the state's maps in this year's elections, as Texas wanted. Only Justice Clarence Thomas said he would have gone that far.

The court's unsigned opinion thus did not blaze any new trails in election law or signal retreat from a key provision of the Voting Rights Act, as some supporters of the law feared would result from this case.

Still, the outcome appeared to favor Republicans by instructing the judges to stick more closely to what the Legislature did, said election law expert Richard Hasen, a professor at the University of California, Irvine, law school.


California high court to consider pot dispensaries
Court Watch | 2012/01/19 10:12
The state's high court will attempt to clarify marijuana's hazy legal status in California.

The California Supreme Court on Wednesday voted unanimously to review how cities and counties regulate marijuana dispensaries.

The court will address whether local governments can bar the pot shops despite voter passage of Proposition 215, which legalized marijuana use with a doctor's recommendation.

The court also will consider the continued conflict between state and federal authorities, who don't recognize Proposition 215. Under federal law, marijuana is illegal in all forms.

An appellate court last year struck down Long Beach's attempt to license pot stores, ruling that the local ordinance conflicted with federal law. Another appellate court upheld Riverside's right to close and prohibit dispensaries.


Sanford Wittels & Heisler Files Employment Class Action
Court Watch | 2012/01/12 09:33
Attorneys at Sanford Wittels & Heisler today filed a $100 million gender discrimination employment class action complaint against Quest Diagnostics, Inc. and AmeriPath, Inc., in U.S. District Court for the District of New Jersey.

The complaint details the systemic discriminatory treatment of female sales representatives company-wide by the self-proclaimed "world leader in diagnostic testing, information and services."

"Although Quest boasts about its dedication to delivering quality care down to the molecular level, the company falls woefully short of devoting similar attention to extending equal employment opportunities to its female sales reps," said David Sanford, the plaintiffs' lead attorney. "Quest has known or should have known that its business practices have an illegal disparate impact on women, employees with family responsibilities and pregnant employees. However, it has consistently failed to adopt measures to rectify this pervasive discrimination that its discriminatory policies, practices and procedures creates."

Indiana resident Erin Beery and Florida resident Heather Traeger, both of them current Quest employees in the AmeriPath division, filed the suit on behalf of themselves and a class of similarly-situated sales reps employed from February 17, 2010 to the present. Beery is an Executive Territory Manager in Quest's Anatomical Pathology Sales Division in Indianapolis; Traeger is Senior Executive Territory Manager in the Anatomical Pathology Sales Division in Bradenton.

The complaint details a wide range of discriminatory practices in the selection, promotion and advancement of sales reps at Quest Diagnostics and AmeriPath, including discrimination on the basis of pregnancy and caretaking responsibilities in violation of Title VII of the Civil Rights Act of 1964 and other federal statutes.

In addition, both of the named plaintiffs in the case have individual claims of disparate pay, differential treatment, gender hostility, the creation of a hostile work environment and retaliation in the workplace affecting them in violation of Title VII of the Civil Rights Act of 1964 and other federal statutes.

New Jersey based Quest is one of the largest companies in the U.S. It is currently ranked at 320 on the Fortune 500, reporting revenue of $7.4 billion and employing 42,000 workers in 2011.

About Sanford Wittels & Heisler, LLP

Sanford Wittels & Heisler is a law firm with offices in Washington, D.C., New York, and San Francisco that specializes in qui tam, employment discrimination, wage and hour, consumer and complex corporate class action litigation and has represented thousands of individuals in major class action cases in the United States.

http://www.nydclaw.com



Ill. lawyer wins appeal in NY trial of $2.4B fraud
Court Watch | 2012/01/09 10:03
A Chicago lawyer sentenced to seven years in prison in a $2.4 billion fraud at Refco Inc. is entitled to a new trial because of errors the judge made in dealing with the jury, a federal appeals court said Monday.

The 2nd U.S. Circuit Court of Appeals overturned the conviction of Joseph P. Collins, saying U.S. District Judge Robert P. Patterson erred when he failed to disclose the contents of a jury note and didn't include lawyers when he spoke with a juror accused of trying to barter his vote.

"This sequence of events deprived Collins of his right to be present at every stage of the trial. Because the deprivation was not harmless, we vacate and remand for a new trial," the appeals court wrote.

The lawyer from Winnetka, Ill., was convicted in July 2009 of conspiracy and other charges. Federal sentencing guidelines had called for 85 years in prison.

Refco was once one of the nation's largest independent commodities brokers.

The company in the mid-1990s sustained hundreds of millions of dollars of losses through losing trades and engaged in an elaborate campaign to cover them up, attracting the attention of federal authorities. Refco filed for bankruptcy in 2005, just weeks after going public and soon after revealing that a $430 million debt owed to the company by a firm controlled by former Refco CEO Phillip Bennett had been concealed.


Court papers: NYC officer shooting suspect sorry
Court Watch | 2012/01/05 09:37
The man charged with murder in the shooting death of a police officer during a botched break-in apologized and said he didn't mean to fire the gun, according to court papers released Wednesday.

Lamont Pride, 27, and four others have pleaded not guilty in the death of Officer Peter Figoski, who was shot once in the face Dec. 12 as he tried to enter the basement apartment, the scene of a reported burglary. While Pride was being driven in a police car to central booking, he told police he was sorry, according to the papers.

"I didn't mean for this to happen," he said. "I didn't want to kill a cop. It went wrong and I'm sorry. I can't take it back," he said, according to the papers.

Through the stack of messy, hand-written statements gleaned from investigators, the plot emerges as a badly-conceived attempt to rob a drug dealer. Authorities said Pride and the others hatched the plot the day before to rob the apartment. Michael Velez, 21, stayed in the getaway car as the four others went in to the dingy, barely finished apartment at 25 Pine St. Ariel Tejada, 22, and Nelson Morales, 27, pistol-whipped the tenant and beat him while they ransacked the place, authorities charged.



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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
 
 
 

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