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Agreement reached in Mo. suit against LegalZoom
Law News | 2011/08/22 10:33
A proposed settlement has been reached in a federal class-action lawsuit against LegalZoom Inc., the online vendor of legal forms and documents.

The lawsuit had been scheduled go to trial Monday in U.S. District Court in Jefferson City.

But California-based LegalZoom has announced an agreement in principle to settle the lawsuit that claimed the company wasn't licensed to provide legal services in Missouri. LegalZoom says it contains no admission of wrongdoing and lets the company continue offering services to Missouri residents with certain changes.

The original plaintiffs were a Missouri resident who used LegalZoom to prepare a will, and two others who used it to organize a remodeling business.

An attorney for the plaintiffs says only that the settlement involves compensation for Missouri customers and changes to how LegalZoom operates.


ACLU sues feds for shackling immigrant detainees
Court Press News | 2011/08/20 09:01
The American Civil Liberties Union and other groups have filed a lawsuit in San Francisco federal court seeking to stop a practice in which alleged illegal immigrants are shackled at the feet, waist and wrists while appearing in immigration court.

The groups allege in the suit filed Monday that a blanket policy that allows the immigrants to remain chained for up to 12 hours the day they're due in court violates constitutional bans against cruel and unusual punishment.

According to the lawsuit, the overwhelming majority of prisoners who show up in immigration courts have no violent criminal history. The lawsuit seeks to compel the Department of Homeland Security to make individual determinations about shackling rather than have a blanket policy. DHS officials declined to comment Wednesday.

The lawsuit applies only to immigrants appearing in San Francisco immigration courts. But attorneys who filed the lawsuit said Wednesday that they hope it prompts changes to the system in other cities.

We'd like to convince them to follow their own policy and at least add some humanity to it and recognize it's a painful and hurtful thing to shackle people like that, said Paul Chavez, senior attorney for the Lawyers' Committee for Civil Rights in San Francisco, one of the groups who filed the lawsuit.

The groups allege that shackling everyone at an immigration hearing amounts to cruel and unusual punishment. The lawsuit seeks class action status to represent prisoners transported to and appearing in immigration court in shackles in San Francisco.


Former U.S. attorney Lampton dies at 60
Legal Career News | 2011/08/19 09:01
Dunn Lampton, a former U.S. attorney in Mississippi who prosecuted two civil rights-era cold cases and a complex corruption case involving a wealthy attorney and state judges, has died. He was 60.

Among Lampton's best known cases was the prosecution of James Ford Seale, a reputed Ku Klux Klansman who died in prison this month. Seale was convicted in 2007 of two counts of kidnapping and one of conspiracy to commit kidnapping in the 1964 deaths of Henry Hezekiah Dee and Charles Eddie Moore, both 19.

Lampton died Wednesday evening, according to former acting U.S. Attorney Donald Burkhalter, one of the prosecutors who served after Lampton's 2009 retirement

He was a hell of a trial lawyer and he did a good job as U.S. attorney, Burkhalter said Thursday. I think he always tried to do the right thing.

The cause of death was not immediately released, but Lampton had been in declining health. The U.S. attorney's office said the funeral will be at 1 p.m. Saturday at Covenant Presbyterian Church in Jackson. Burial will be private.

President George W. Bush appointed Lampton as U.S. Attorney for the Southern District of Mississippi in September 2001, putting him in charge of federal prosecutions in 45 counties.

Among the highlights of Lampton's career were prosecutions in two civil rights-era cases that led to the convictions of reputed Klansmen Seale and Ernest Avants.


Drug company lawyer taped trying to foil lawsuit
Legal News Digest | 2011/08/19 09:00
International business can be an ethical jungle, but it's rare to get details of bare-knuckle tactics on tape.

A lawyer in Mexico for a leading U.S. drug manufacturer offered to pay an opposing expert in a lawsuit if he would leave the country on a key court date to undermine the case.

The company, Baxter International Inc., promotes itself as a champion of global anticorruption efforts. Baxter said the lawyer was not authorized to make any offers, and it has severed all ties with him.

The recording and its disclosure offer an unusual glimpse of fishy maneuvers in the global marketplace and come as the Justice Department and the Securities and Exchange Commission crack down on misconduct by U.S. companies abroad, part of a multinational effort to clean up commerce.

Based near Chicago, Baxter is a major manufacturer of intravenous drugs and medical devices. Its medications are used to treat people with hemophilia, kidney disease, immune system problems, infectious diseases, serious burns and other conditions.

The lawyer was talking to accountant Rafael Aspuru Alvarez, an expert witness for Translog, a trucking company embroiled in a $25 million legal dispute with Baxter's subsidiary in Mexico.


Former CEO guilty in 'Ponzi' scheme
Law News | 2011/08/18 09:28
The former CEO of an Austin-based investment firm was found guilty on Wednesday on federal charges that he schemed and defrauded investors out of millions of dollars.

Triton Financial CEO Kurt Branham Barton was named in a 39-count indictment alleging he used former NFL stars and church contacts to raise $50 million fraudulently from investors.

The counts against Kurt Branham Barton included money laundering, wire fraud and securities fraud. He is accused of using the money raised from investors to support an expanding Ponzi scheme and to enrich himself and the chief financial officer of his Triton Financial firm.

“It is regrettable that selfish, greedy individuals devise schemes to make themselves rich by victimizing honest and innocent people, often depriving the victims of their life savings, U.S. Attorney John E. Murphy said. These con artists are usually very accomplished salesmen taking advantage of trusting investors, who unfortunately will never be made whole again.

Evidence presented during the eight-day trial showed that from December 2005 and December 2009, Barton devised a scheme to obtain money from investors under false pretenses.


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