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Court seems split on double jeopardy question
Topics in Legal News |
2012/02/23 09:44
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The Supreme Court seemed divided Wednesday on whether to allow an Arkansas man to be retried on murder charges even though a jury forewoman said in open court that they were unanimously against finding him guilty.
Alex Blueford of Jacksonville, Ark., was charged in July 2008 in the death of 20-month-old Matthew McFadden Jr. Blueford testified at trial that he elbowed the boy in the head by accident. Authorities say the child was beaten to death.
Blueford's murder trial ended in a hung jury. The jury forewoman told the judge before he declared a mistrial that the jury voted unanimously against capital murder and first-degree murder. The jury deadlocked on a lesser charge, manslaughter, which caused the mistrial.
The Arkansas Supreme Court ruled last year that Blueford should be retried on the original charges. But Blueford's lawyers want justices to bar a second trial on capital and first-degree murder charges, saying that would violate Fifth Amendment protections preventing someone from being tried twice for the same crime. |
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A Class Action Has Been Filed Against GNC
Legal Business |
2012/02/22 09:45
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Abbey Spanier Rodd & Abrams, LLP announces that a class action lawsuit has been filed against General Nutrition Centers, Inc. ("GNC"), Cellucor Sports Nutrition, Woodbolt Distribution, Ltd, Woodbolt Management LLC and Woodbolt International for, among other things, violations of the California Consumer Leal Remedies Act, the California False Advertising Law, and the California Unfair Competition Act. This action, filed in the United States District Court, Central District of California (Civil Action No. 12-1336), has been brought as a class action on behalf of all persons in the United States who purchased Cellucor's C-4 Extreme at any time during the four years prior to the filing of this lawsuit (the "Class Period").
The complaint alleges that during the Class Period, Defendants engaged in an illegal and deceptive practice of promoting, marketing, distributing and/or selling C-4 Extreme as a natural dietary supplement when, in fact, C-4 Extreme contains a dangerous substance known by many names, including "1,3 Dimethylamylamine," "1,3 Dimethylhexaneamine HCl," "1,3 Dimethylhexaneamine," "Methylhexaneamine," and "Geranamine" (known as "DMAA"). Plaintiff alleges that Defendants failed to disclose that the DMAA contained in C-4 Extreme is wholly synthetic, manufactured and not derived from the geranium plant.
At the time Plaintiff and the class of consumers purchased and used C-4 Extreme, they were unaware that C-4 Extreme contained the synthetic and dangerous stimulant DMAA and that DMAA was not derived from the geranium plant or any other natural source. Plaintiff alleges that the DMAA contained in C-4 Extreme is a synthetic product that is illegal and dangerous and has dangerous side effects. The safety concerns associated with DMAA have been well-documented, including concerns that DMAA is a dangerous and addictive substance that can cause headache, nausea and stroke. Experts have noted that DMAA has a chemical structure similar to amphetamines and ephedrine and can cause increases in heart rate and blood pressure and even death.
www.abbeyspanier.com |
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Law Firm Brower Piven Announces Investigation
Press Release |
2012/02/21 10:02
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The law firm of Brower Piven, A Professional Corporation, has commenced an investigation into possible breaches of fiduciary duty to current shareholders of CH Energy Group, Inc. and other violations of state law by the board of directors of CH Energy Group relating to the proposed acquisition of the company by Fortis Inc. The firm's investigation seeks to determine, among other things, whether the board breached its fiduciary duties by failing to maximize shareholder value.
On February 21, 2012, Fortis announced that it had entered into an agreement providing for Fortis to acquire CH Energy Group for $1.5 billion. Under the terms of the merger agreement, CH Energy Group shareholders will receive $65.00 for each share of CH Energy Group common stock held. However, according to Yahoo! Finance, at least one analyst has set a high price target of $69.00 per share.
If you currently own shares of CH Energy Group and would like to learn more about the investigation being conducted by Brower Piven, you may email or call Brower Piven, who will, without obligation or cost to you, attempt to answer your questions.
www.browerpiven.com |
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Indianapolis Business Litigation Law Firm - Riley Bennett & Egloff, LLP
Legal Business |
2012/02/21 10:02
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Whether they be fast-moving injunction proceedings or complex partnership disputes, clients bring their high-stakes business disputes to us.
Contract Disputes
Contract disputes are perhaps the most common form of disputes in business litigation. Ideally, every contract would be in writing and well-drafted. However, not all contracts are in writing, and even those that are written may not be well-drafted, leaving some issues unclear or not addressed at all. Often contract disputes involve these and other complex factual and legal issues. That’s where our commercial litigation attorneys excel.
Riley Bennett & Egloff Law is an Indianapolis based Business Litigation Law Firm and has expertise in resolving hundreds of contract disputes through negotiation, mediation, and litigation. Whether your disputes are simple or complex, their experience consistently guides their approach to successfully help resolve the matter in the careful manner it deserves. Visit www.rbelaw.com for more information. |
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Indianapolis Construction Law Firm - Riley Bennett & Egloff, LLP
Press Release |
2012/02/20 09:35
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As part of our experience representing owners, contractors and design professionals throughout the industry, we have written and negotiated contracts based on industry standard forms (such as the AIA forms) and have also developed custom contract documents for specific clients and projects. Based upon our experience drafting and negotiating contract documents, as well as our advice and representation of clients in construction disputes, we know what works in a contract and what does not.
* We know contracts: We routinely draft and negotiate design and construction contracts for large, complex projects.
* We know construction: We know the industry, the terminology, the technology and procedures, the economics and accounting, as well as the law and the potential pitfalls for disputes.
* We know contractors: Having represented contractors of all sizes and specialties for decades, we know how they work; we know how they plan, estimate and schedule jobs; we know their management, accounting and claims procedures; and we know what is important to them and what is not in contract negotiations and in the resolution of claims and disputes.
Riley Bennett & Egloff Law has expertise in all areas of construction law and their construction attorneys are dedicated to finding the best solution their construction industry clients. With much experience working with small, family-owned contractors, to some of the biggest general contractors in the Indianapolis area, Riley Bennett & Egloff Law knows what works. Visit www.rbelaw.com to see more. |
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