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Coalition Opposes Canyon Granite Removal
Court News | 2008/07/29 07:40
The U.S. Forest Service's approval of a plan to remove 1,000 cubic yards of granite from the Lost Horse Canyon in Montana's Bitterroot National Forest violates environmental law and threatens to rob rock climbers of "world-class" climbing, the Lost Horse Canyon Coalition claims in Federal Court.

The coalition and Rick Torre claim the Forest Service failed to analyze the removal project's impact on climbing, local business and sensitive wildlife species, such as the peregrine falcon, bull trout and westslope cutthroat trout.

The Forest Service allegedly curtailed its analysis based on a categorical exclusion for "minor" projects, but the plaintiffs say the agency "failed to explain how the project would be 'minor' in light of the predominant recreational use in the area."

Timothy Bechtold is representing the coalition.


Comedian Says Heckler's Lawsuit Isn't Funny
Court Watch | 2008/07/28 07:39
Toronto comedian Guy Earle has sued the British Columbia Human Rights Tribunal to have a heckler's human-rights complaint against him dismissed.

In May 2007, according to Earle's petition in B.C. Supreme Court, he was hosting an open mic comedy night advertised as "Vancouver's Edgiest Comedy - Not for the Faint of Heart." His onstage persona, the petition states, was "an asshole comic." Lorna Pardy and two friends began heckling him by kissing and yelling, the petition states, and "in the course of trying to silence (Pardy), whom he regarded as an inconsiderate heckler, Mr. Earle used rude language which referenced (Pardy's) sexual preference. (Pardy) continued to heckle."

Earle claims he later tried to make peace with Pardy, but she allegedly threatened him and threw drinks in his face. Pardy later filed a human-rights complaint against Earle, despite an apology, and the tribunal denied Earle's application to dismiss. He claims the tribunal lacks jurisdiction and that the B.C. Human Rights Code is unconstitutional because it's overbroad, vague and it unreasonably infringes upon his right to freedom of expression.

"Guy Earle is not a homophobe," the petition states. "On the contrary, Mr. Earle has many friends and colleagues who are homosexual. He reasserts his unreserved apology to (Pardy) for any suffering she may have experienced as a result of his spontaneous expressions of frustration at her disruption of the performance."

Earle is represented by James Millar.


New York AG files complaint
Court News | 2008/07/25 07:54
New York Attorney General Andrew Cuomo filed a lawsuit against financial firm UBS on Thursday for allegedly misrepresenting so-called "auction rate securities" as low-risk despite the actual volatility of such investments. In the complaint, Cuomo alleges that UBS led investors to believe they could easily divest themselves of the long-term securities, and that after the company was aware of market instability, they continued to push the funds even though top executives had moved quickly to sell their own holdings. During a press conference on the lawsuit, Coumo said:

   Not only is UBS guilty of committing a flagrant breach of trust between the bank and its customers, its top executives jumped ship as soon the securities market started to collapse, leaving thousands of customers holding the bag. Today we bring the first nationwide lawsuit against UBS, seeking to recover billions of dollars for customers and sending a resounding message to the rest of the industry that this type of deceptive behavior will not be tolerated.

Cuomo is seeking to force UBS to buy back the securities from investors and to pay restitution for any profits made from their sale, as well as other damages.

On Wednesday, the Texas Securities Board said it is considering banning UBS from selling securities in the state because of auction rate securities misrepresentations. A March New York Times report said the practice of representing the securities as low-risk and highly liquid was widespread and has resulted in large loses and a number of lawsuits around the country.


Kuwaiti Diplomat Accused Of Enslaving Maid In D.C.
Headline Legal News | 2008/07/24 07:41
A military attaché in Kuwait's Embassy is accused of enslaving, raping and torturing an orphan woman he brought to the United States from India to work as his maid. She claims Brig. Gen. Ahmed S.J. al Naser and his wife promised her $1,150 a month for a 40-hour week, but forced her to work 17 hours a day seven days a week without pay, confiscated her passport, beat and kicked her till she bled, forced her to eat off the floor, and the general raped her.

She claims Naser sexually abused and raped her, and threatened to deport her to Kuwait if she complained, and threatened that he had friends there and "They'd know what to do." She says that until she managed to escape, "Defendant Al Naser raped plaintiff on many occasions when his wife was not in the home."

She sued Gen. Al Naser, his wife Muna S.M.N. Al Najdai and the State of Kuwait in Federal Court.

The plaintiff says she escaped in May 2006. She does not know where Gen. Al Naser is now. She is represented by Michael Coe with Crowell & Moring.


Sotheby's Won't Return Renaissance Painting
Headline Legal News | 2008/07/23 07:33
Sotheby's refuses to return, or has lost, a painting by the Renaissance painter known as Parmigianino, the family that owns it claims in Federal Court. The family's representative claims Sotheby's took the painting "Rest on the Flight Into Egypt," from a New York studio in 2005 "for evaluation and/or authentication," and has refused to account for it or return it, despite repeated demands.

Plaintiff Giancorrado Ulrich, of Milan, says he is sole representative of the family that owns the painting.

Parmigianino - Francesco Mazzola, 1503-1540 - was an Italian Mannerist painter.

Ulrich says Sotheby's Senior Vice President and Director of Old Master Paintings Christopher Apostle arranged to have the painting taken from Marco Grassi's New York studio in 2005.

Ulrich says Grassi inquired about the painting in 2007 and this year, and Apostle "assured Mr. Grassi that the painting had already been returned to him."

Ulrich says it's not so - that neither Grassi nor he has the painting, that Sotheby's has it or lost it. He says that the "release slips" that Sotheby's claims prove they returned to painting are not signed by Grassi or Ulrich, and appear to refer to another painting, called "The Holy Family."

Ulrich is represented by Gena Zaiderman with Sanders Ortoli.


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