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Scott Cole & Associates Announces Update for Class Action
Legal Business | 2011/10/06 09:25
According to Scott Cole, within days of being hit with a class action lawsuit for failing to offer meal and rest breaks to its California workforce, Guitar Center fired the man who pioneered the lawsuit and allowed its workers to parade the named plaintiff’s final paycheck around the workplace. In immediate reaction to these events, the plaintiff’s attorneys at Scott Cole & Associates amended the Complaint today to allege a wrongful termination and invasion of privacy claim.

“If Guitar Center thinks it can send a message to its workers that standing up for their rights will cost them, this new wrongful termination claim sends a stronger message right back,” says Scott Cole, the principal lawyer on the case. “Firing our client was a big mistake.”

The lawsuit is entitled Pellanda v. Guitar Center, Inc.

Oakland-based Scott Cole & Associates, APC is one of California’s premiere class action law firms and is devoted to representing individuals in employment and consumer rights litigation. For more information about our practice and cases, visit www.scalaw.com or call (510) 891-9800.


Hogan to be new courts administrative officer
Legal Business | 2011/10/05 09:24
Senior U.S. District Judge Thomas Hogan is the new director of the Administrative Office of the U.S. Courts.

Hogan, a former chief U.S. District Court judge in Washington, will serve a one-year term as the chief administrative officer for the federal court system. He will oversee the federal judiciary's 35,000 employees and its almost $7 billion annual budget.

The Judicial Conference of the United States is the principal policymaking body for the federal court system. As its presiding officer, Chief Justice John Roberts selected Hogan for the position.

Hogan will begin Oct. 17. He plans to resume work as a senior federal judge after his term ends.

The previous director, James Duff, left this summer to become president of the Freedom Forum.


European court rules against Soros in trading case
Topics in Legal News | 2011/10/05 09:24
The European Court of Human Rights ruled Thursday that France did not violate George Soros' rights when convicting him of insider trading, defeating a years-long effort by the billionaire financier to clear his name.

Though Soros has faced criticism for other investment decisions before and since, the French conviction over trades in 1988 left a particular stain on the Hungarian-born businessman and philanthropist's five-decade career.

He was fined euro2.2 million in 2002, or $2.92 million at current rates, for purchasing shares in French bank Societe Generale in 1988, days after being informed about a planned takeover bid for the bank.

That was the amount he was accused of making when he sold the shares shortly afterward. France's highest court reduced the fine in 2007 to euro940,000 ($1.25 million at current rates).

Soros argued that France's insider trading rules at the time were unclear, and that the length of the investigation — from 1993 until his indictment in 2000 — made it difficult to call reliable witnesses, violating his right to a fair trial under the European Convention on Human Rights.

The human rights court, based in Strasbourg, France, disagreed. In a 4-3 decision, the panel of judges argued that "the law applicable in 1988 was sufficient for Soros to have been aware that his conduct might be unlawful."

The Soros Foundation in Paris would not comment on the decision, and Soros' lawyers could not immediately be reached.


Court turns away appeal over commandments display
Legal Business | 2011/10/04 11:02
The U.S. Supreme Court on Monday refused to hear the appeal of an Ohio judge wanting to display a poster of the Ten Commandments in his courtroom.

The display has been covered with a drape since a federal judge ordered Richland County Common Pleas Judge James DeWeese to remove it in October 2009. DeWeese also had posted a label above it bearing the word "Censored."

DeWeese that he is disappointed but knew his effort to get the Supreme Court to hear the case was a long shot, the Mansfield News Journal reported.

"I will probably eventually take the display down," he told the newspaper.

DeWeese hung the poster in his Mansfield courtroom in 2006 after the U.S. Supreme Court let stand lower-court rulings that another Ten Commandment poster he hung in 2000 violated separation between church and state.

The American Civil Liberties Union of Ohio Foundation sued, and the 6th U.S. Circuit Court of Appeals in Cincinnati ruled the display endorsed religious views and was unconstitutional.


Fannie Mae ignored misconduct
Headline Legal News | 2011/10/04 07:02
Mortgage giant Fannie Mae knew about allegations of improper foreclosure practices by law firms in 2003 but did not act to stop them, a government watchdog says.

Similar allegations are the subject of a probe by state attorneys general into how lenders and law firms ignored proper procedures to handle a crush of foreclosure paperwork.

An unnamed shareholder warned Fannie Mae of alleged foreclosure abuses in 2003, the inspector general for the agency that regulates Fannie says in a report being released Tuesday.

Fannie Mae responded by hiring a law firm to investigate the claims in 2005. The law firm reported in 2006 that it had found foreclosure attorneys in Florida "routinely filing false pleadings and affidavits."

Fannie officials said they told a government official about the law firm's findings in 2006. That unnamed official, who now works for Fannie's regulator, the Federal Housing Finance Agency, said he couldn't recall the conversation, the report says.

Fannie began using a network of attorneys in 1997 to help handle foreclosures, evictions and bankruptcies. In 2008, the network grew to 140 law firms. And the number of foreclosures in Fannie's portfolio reached historic highs. Foreclosures more than doubled from 2007 to 2008. They grew 50% in 2009.


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