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Author Of 'The River Why' Sues To Stop Film
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2008/05/01 07:30
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pDavid Duncan, author of The River Why, had sued a husband and wife, and their film companies, and Sierra Club Books, claiming Sierra resold movie rights to his book, without his permission and without paying him, after an initial option expired.
Duncan, author of the critically acclaimed River Why and The Brothers K, sued Thomas Cohen dba Hammermark Productions, and Cohen's wife, Kristi Denton Cohen dba Peloton Productions, in Federal Court.
Duncan says Denton Cohen, who makes corporate training films, claims to have acquired rights to his book from her husband, a Marin County attorney. This right, however, was not Cohen's to give, Duncan says.
Duncan claims the Cohens and Sierra Club Books perpetrated a fraudulent scheme, in which Sierra, purporting to act as his agent, sold Hammermark film rights to the book. But Hammermark never exercised the option, Duncan says.
The complaint continues: SCB, in violation of its fiduciary duty owed to Duncan, revived Hammermark's expired option without any consideration after Hammermark purportedly assigned the rights to Cohen and Cohen offered SCB an opportunity to invest on its own account in the film production. Even in the absence of this fraudulent conduct, Duncan terminated Hammermark's right to prepare a film derivative work in 1993 because Hammermark failed to fulfill its obligations within a reasonable time. ... Duncan has gone to great lengths in an effort to resolve the impasse created by Denton Cohen's insistence that she owns the film rights to the book and SCB's faithless conduct. Denton Cohen is not qualified to produce the film, and Duncan never would have agreed to grant her the rights. All else seemingly has failed, and Duncan now seeks herein by way of a lawsuit to finally put a stop to Denton Cohen's infringement of the right to prepare derivative works of his book 'The River Why.'/p |
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Federal lawsuit filed over jail overcrowding
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2008/04/30 07:45
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| pCivil rights lawyer Jonathan Feinberg [firm profile] filed a lawsuit Monday on behalf of 11 inmates challenging the unconstitutional conditions in which inmates are currently being held at four Philadelphia jails. US District Judge R. Barclay Surrick of the Eastern District of Pennsylvania ruled last January that overcrowded Philadelphia jails violate inmates' constitutional rights and therefore require court monitoring. Surrick's ruling came in response to a lawsuit filed by Feinberg's partner, University of Pennsylvania law professor David Rudovsky, in 2006 and ordered the City to immediately rectify conditions including the failure to provide beds and bedding, ... material for personal hygiene including soap, warm water, toothpaste, toothbrushes and shower facilities. Suffolk's temporary injunction expired several months ago, and the new lawsuit now seeks class certification on behalf of all Philadelphia inmates. /ppA similar lawsuit filed by Rudovsky 35 years ago resulted in court oversight of Philadelphia jails from 1971 to 2001./p |
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Appeals court orders new credit card case trial
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2008/04/28 07:41
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pA U.S. appeals court reinstated a class-action suit on Friday against a group of banks that force their credit card customers to use arbitration instead of the courts to settle disputes.
The credit cardholders alleged that the banks (with other co-conspirators, including American Express (AXP.N) and Wells Fargo (WFC.N)) illegally colluded to force the cardholders to accept mandatory arbitration clauses in their cardholder agreements, according to the ruling by the 2nd U.S. Circuit Court of Appeals./ppThe cardholders argued that the banks had violated antitrust laws by refusing to issue cards to individuals who did not agree to arbitration, according to the decision./ppThe cardholders want the court to stop the banks from compelling arbitration, prevent them from continuing their alleged collusion and invalidate the existing mandatory arbitration clauses./ppA lower court judge sided with the banks, which include Bank of America Corp (BAC.N), Discover Financial Services (DFS.N), Capital One Bank (COF.N), JPMorgan Chase amp; Co (JPM.N) and Citigroup Inc (C.N), and dismissed the case, saying the cardholders lacked standing./ppThe panel of three appellate judges disagreed. The cardholders have adequately alleged antitrust injuries, it said in its ruling./ppBank of America, Capital One and Discover declined to comment. The other banks did not immediately return calls seeking comment./ppWe're quite happy with the decision, said Charles Goodwin, whose Philadelphia law firm represents the credit cardholders. The cardholders are a large class coming from Pennsylvania, New York, New Jersey and California, he added./ppOther banks named in the lawsuit include units of HSBC (HSBA.L) and Washington Mutual Inc (WM.N)./ppJoe Ridout of the nationwide nonprofit group Consumer Action hailed the ruling, saying: It's unfair for consumers to have to give up their legal and constitutional rights just to get a credit card.
/p |
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Fed. judge declares 2nd mistrial in terror case
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2008/04/17 08:12
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| pUS District Judge Joan A. Lenard Wednesday declared a second mistrial in a terrorism prosecution of six men charged with conspiring to bomb the Sears Tower in Chicago and the FBI headquarters in Miami after the jury was unable to reach a verdict after 13 days of deliberations. In December 2007 Lenard declared an initial mistrial when the jury was deadlocked after nine days of deliberations. A seventh man was acquitted in that proceeding./ppThe seven were indicted last year on charges of conspiring to provide material support to al Qaeda; conspiring to provide material support, training, and resources to terrorists; conspiring to maliciously damage and destroy by means of an explosive; and conspiring to levy war against the government of the United States. The indictment alleged that ringleader Narseal Batiste recruited the six other defendants to organize and train for a mission to wage war against the United States government, and that they pledged an oath to al Qaeda in an attempt to secure financial and logistical backing. Lawyers for some of the men said that their clients were entrapped by an FBI informant posing as an al Qaeda operative. If the men had been convicted, they would have faced up to 70 years in prison./p |
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