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Court asked to stop immigrant license checks
Court Watch |
2011/08/24 08:57
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Four state legislators and a Silver City woman asked a judge Wednesday to stop Gov. Susana Martinez's administration from trying to verify whether immigrants who received a driver's license in New Mexico still live in the state. An Albuquerque law firm and the Mexican American Legal Defense and Educational Fund filed a lawsuit in state District Court in Santa Fe on behalf of the Democratic lawmakers and the Hispanic woman. The suit seeks to block a state agency from checking a random sample of 10,000 license holders who are foreign nationals to determine their residency. New Mexico is one of only three states — the others are Washington and Utah — where an illegal immigrant can get a driver's license because no proof of citizenship is required. However, Utah's permits cannot be used as government ID cards. Martinez wants the Legislature to end New Mexico's policy of granting driver's licenses to illegal immigrants. She and other critics contend it jeopardizes public safety and attracts illegal immigrants who fraudulently claim to live in the state only to get ID cards that make it easier to stay in the country. |
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Berman DeValerio Announces Securities Class Action
Legal Marketing |
2011/08/23 10:19
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The law firm of Berman DeValerio filed a securities class action lawsuit today against Miller Energy Resources, Inc.
The lawsuit alleges violations of United States securities laws on behalf of purchasers of common stock from December 16, 2009 through and including August 1, 2011 (the “Class Period”).
Berman DeValerio (www.bermandevalerio.com) brought the complaint against the Company and certain of its directors and officers (the “Defendants”) in the United States District Court for the Eastern District of Tennessee. The case is filed as 3:11-cv-00397.
Pursuant to the Private Securities Litigation Reform Act of 1995, investors wishing to serve as the lead plaintiff are required to file a motion for appointment with the court no later than October 11, 2011.
The claims arise under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b) and 78t(a), (the “Exchange Act”), and Rule 10b-5 promulgated thereunder by the United States Securities and Exchange Commission (the “SEC”) for class period purchasers.
The complaint alleges that throughout the Class Period, Miller, an oil and gas exploration, production and drilling firm, and the other Defendants made material false statements about Miller’s financial results and about the valuation of certain oil-and-gas-producing assets it acquired in Alaska. Specifically, the complaint alleges that Defendants: (1) issued false and misleading consolidated balance sheets, statements of operations and cash flows; (2) failed to properly classify royalty expenses; (3) failed to properly record sufficient compensation expense on equity awards; (4) did not properly calculate the liability for derivative instruments; (5) did not properly consolidate entities under its control; and (6) improperly reported the value of certain oil and gas assets that it acquired in Alaska. As a result of these problems, the Company was required to restate its financial results. Over a series of almost daily disclosures occurring on July 28, 2011, July 29, 2011 and August 1, 2011, Miller’s stock price dropped from $7.04 per share on July 27, 2011 to a close of $3.37 per share on August 2, 2011, a total drop of $3.67 or 52%.
To receive a copy of the complaint, please call Berman DeValerio at (800) 516-9926.
If you are a member of the class, you may, no later than October 11, 2011, request that the court appoint you as lead plaintiff for the class. In addition, you may contact the attorneys at Berman DeValerio to discuss your rights and interests in the case. Please note: you may also retain counsel of your choice and need not take any action at this time to be a class member.
Berman DeValerio is a national law firm representing plaintiffs in lawsuits against corporate wrongdoers, chiefly for violations of securities and antitrust laws. The firm has 49 lawyers in Boston, San Francisco and South Florida. |
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Court rules Ventas may immediately collect $102M
Headline Legal News |
2011/08/22 10:18
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Health care real estate investment trust Ventas Inc. said a federal court has ruled it can immediately collect $102 million in damages awarded by a federal jury in 2009 in a judgment against HCP Inc.
The two companies had agreed to delay payment of the funds while HCP appealed the decision. In May, the U.S. 6th Circuit Court of Appeals upheld the judgment and ordered a second trial to decide punitive damages. Those proceedings are set to begin in February.
Ventas, based in Chicago, said late Monday that the U.S. District Court for the Western District of Kentucky ruled that HCP could not further delay enforcement of the judgment. In the case, Ventas accused HCP of driving up the purchase price of Sunrise Senior Living real estate investment trust.
HCP of Long Beach, Calif., said in a separate statement it will promptly pay the $102 million. It had accrued the full amount in the third quarter of 2009, and the payment will have no additional impact on its earnings.
Ventas operates a portfolio of senior housing communities, skilled nursing facilities, hospitals, medical office buildings and other properties in 47 states and two Canadian provinces. |
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Federal court rejects Houston cop killer's appeal
Legal Business |
2011/08/21 10:18
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A federal appeals court has rejected an appeal from the convicted killer of an off-duty Houston police officer arguing that two jurors at his capital murder trial in 1999 were improperly rejected by prosecutors because they were black.
The 5th U.S. Circuit Court of Appeals decision upholds a ruling from the Texas Court of Criminal Appeals in the case of 32-year-old Anthony Haynes, who is black. He was condemned to death for the 1998 shooting death of Houston Police Sgt. Kent Kincaid, who was white.
Acting on an appeal from the Texas attorney general's office, the U.S. Supreme Court had ordered the 5th Circuit to reconsider its 2009 decision that Haynes get a new trial or be released from death row. The Supreme Court had in 1986 found it unconstitutional to dismiss a juror solely because of race, but the justices said the 5th Circuit panel misinterpreted its rulings when it decided Haynes deserved a new trial. |
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Former U.S. attorney Lampton dies at 60
Topics in Legal News |
2011/08/19 08:58
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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. |
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