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NY court limits disclosure in old communist probe
Network News | 2012/06/09 00:17
New York's top court on Tuesday ordered the release of more names and records to a writer whose parents were targeted by anti-communist investigators in the New York City school system 57 years ago.

The Court of Appeals, however, is still excluding informants who were promised confidentiality. The seven judges unanimously said history may at some point overtake those promises and more completely peel back the veil of secrecy from that chapter in America's Red Scare.

"The story of the Anti-Communist Investigations, like any other that is a significant part of our past, should be told as fully and as accurately as possible, and historians are better equipped to do so when they can work from uncensored records," Judge Robert Smith wrote. "Perhaps there will be a time when the promise made ... is so ancient that its enforcement would be pointless, but that time is not yet."

Lisa Harbatkin's parents were among more than 1,100 teachers investigated from the 1930s to the 1960s. She has seen interview transcripts with names and personal information blacked out and is seeking complete documents under New York's Freedom of Information Law.

City officials opposed complete disclosure for privacy reasons, offering redacted documents unless those in question or their legal heirs agreed to disclosure. As an alternative, they offered Harbatkin complete accounts if she agreed not to publish the names, a condition she rejected.



Kan. gov. signs measure blocking Islamic law
Network News | 2012/05/27 16:03
Kansas Gov. Sam Brownback has signed a law aimed at keeping the state's courts or government agencies from basing decisions on Islamic or other foreign legal codes, and a national Muslim group's spokesman said Friday that a court challenge is likely.

The new law, taking effect July 1, doesn't specifically mention Shariah law, which broadly refers to codes within the Islamic legal system. Instead, it says courts, administrative agencies or state tribunals can't base rulings on any foreign law or legal system that would not grant the parties the same rights guaranteed by state and U.S. constitutions.

"This bill should provide protection for Kansas citizens from the application of foreign laws," said Stephen Gele, spokesman for the American Public Policy Alliance, a Michigan group promoting model legislation similar to the new Kansas law. "The bill does not read, in any way, to be discriminatory against any religion."

But supporters have worried specifically about Shariah law being applied in Kansas court cases, and the alliance says on its website that it wants to protect Americans' freedoms from "infiltration" by foreign laws and legal doctrines, "especially Islamic Shariah Law."


Court won't consider giving man new trial
Network News | 2012/05/18 22:28
The Supreme Court won't consider giving a man convicted in the death of a Texas toddler a new trial because the medical examiner changed her opinion on the cause of death.

The high court on Monday refused to hear an appeal from Neil Hampton Robbins, convicted in the death of 17-month-old Tristen Skye Rivet, who died on May 12, 1998.

At the trial, Dr. Patricia Moore testified that Tristen's death was a homicide caused by asphyxia. But Moore later changed her opinion and said the cause of death was undetermined. Robbins asked for a new trial but the Texas Court of Criminal Appeal refused, saying there is no conclusive evidence of Robbins' innocence and that it wasn't proven that the state purposefully used false testimony.

Some patients' fate could hinge on Supreme Court

If the Supreme Court strikes down President Barack Obama's health care law, it wouldn't just be politicians dealing with the fallout.

Nearly 62,000 patients with serious medical conditions would be out of luck.

They're the "uninsurables," people turned away by insurance companies because of medical problems but covered through a little-known program in the law called the Pre-Existing Condition Insurance Plan. The plan would have to shut down if the entire law is invalidated.

Cancer patient Kathy Thomas is worried she'll be uninsured again without the program. The Florida small businesswoman credits the coverage for saving her life this year when she had to be hospitalized with a serious respiratory infection.


Glancy Binkow & Goldberg LLP Announces Class Action
Network News | 2012/03/02 01:13

Glancy Binkow & Goldberg LLP announces that a class action lawsuit has been filed in the United States District Court for the Eastern District of North Carolina on behalf of purchasers of the securities of TranS1 Inc. between February 21, 2008 and October 17, 2011, inclusive (the “Class Period”), seeking to pursue remedies under the Securities Exchange Act of 1934.

TranS1 is a medical device company that designs, develops and markets products that implement its proprietary surgical approach to treat degenerative conditions of the spine affecting the lower lumbar region. The Complaint alleges that during the Class Period the Company and certain of its executive officers misrepresented or failed to disclose material adverse facts about the Company’s business, operations and financial performance, including that: (i) the Company was not in compliance with federal healthcare fraud and false claim statutes; (ii) the Company engaged in improper reimbursement practices; (iii) the Company lacked adequate internal and financial controls; and (iv), as a result of the foregoing, the Company’s statements were materially false and misleading at all relevant times.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased TranS1 securities between February 21, 2008 and October 17, 2011, you have certain rights, and have until March 26, 2012, to move for lead plaintiff status. To be a member of the class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent class member. If you wish to discuss this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact Michael Goldberg, Esquire, of Glancy Binkow & Goldberg LLP, 1925 Century Park East, Suite 2100, Los Angeles, California 90067, by telephone at (310) 201-9150 or Toll Free at (888) 773-9224



Glancy Binkow & Goldberg LLP Announces Class Action
Network News | 2012/03/01 01:12

Glancy Binkow & Goldberg LLP announces that a class action lawsuit has been filed in the United States District Court for the Southern District of New York, on behalf of purchasers of CNOOC Limited American Depositary Shares between January 27, 2011 and September 16, 2011, inclusive, seeking to pursue remedies under the Securities Exchange Act of 1934. CNOOC, through its subsidiaries, engages in the exploration, development, production and sale of crude oil, natural gas and other petroleum products. The Company owns oil and natural gas properties in Asia, Oceania, Africa, the Americas and offshore China – including the Penglai 19-3 (“PL19-3”) oilfield situated in northern China’s Bohai Bay.

The Complaint alleges that defendants misrepresented or failed to disclose material adverse facts about the Company’s business and financial results, including that: (i) the Company was not in compliance with environmental laws and regulations; (ii) the Company concealed the extent and severity of oil spills that occurred at the PL19-3 oilfield in June 2011; (iii) as news of the oil spills emerged, the Company downplayed its responsibility to effect the cleanup of the oil spills, portrayed itself as being the “non-operator” of the oilfield and, moreover, hindered the cleanup by requiring the operator of the oilfield to use a CNOOC-affiliated company for the cleanup; (iv) the Company improperly accounted for its contingent liabilities in violation of Generally Accepted Accounting Principles (“GAAP”); and (v), based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company’s operations and its expected oil production.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased the ADSs of CNOOC between January 27, 2011 and September 16, 2011, you have certain rights, and have until April 29, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent class member.

www.glancylaw.com



Ind. appeals court upholds man's 60-year sentence
Network News | 2011/12/19 11:27
The Indiana Court of Appeals has upheld a southern Indiana man's 60-year prison sentence for beating his girlfriend to death with a crowbar.

The Princeton Daily Clarion reports the court ruled Thursday that 68-year-old Robert P. Spangler's sentence was not inappropriate despite his mental illness, remorse in the killing and lack of a prior criminal history.

Spangler was sentenced this summer in Gibson Circuit Court to 60 years after pleading guilty but mentally ill to murder in Pat Heichelbach's November 2010 killing. Spangler's attorney argued for a 45-year term.

Spangler admitted beating Heichelbech with a crowbar at his Fort Branch home in November 2010.

Heichelbech's daughter, Sherry Heichelbech, testified at Spangler's sentence that he should never be allowed to walk among good and decent people again.


Fla. hired law firm with ties to Gov. Scott
Network News | 2011/11/18 09:06
Florida has spent nearly a half-million dollars - and could spend even more - with a large, well-known law firm that has connections to both the Republican Party of Florida as well as Gov. Rick Scott.

Since August the state has paid nearly $400,000 to the law firm of Alston and Bird to defend a new state law that requires public employees to contribute 3 percent of their pay to the state pension fund.

The firm was hired at the urging of the Scott administration which asked Attorney General Pam Bondi to approve paying the firm hourly rates at $495 an hour or nearly $300 more than what is normally allowed.

The Scott administration and Bondi have defended the hiring of the firm, saying it specializes in the kind of litigation that the state is now involved in.

But the firm's roster also includes a one-time business associate of Scott.

While not working directly on the lawsuit, a senior counsel with the firm's Washington D.C. office is Thomas Scully. Scully is also a general partner with the New York investment firm of Welsh, Carson, Anderson amp; Stowe. That's the investment firm that this June purchased Scott's shares in Solantic, a chain of urgent care clinics the governor started back in 2001.

Scully, who once led the Federation of American Hospitals, was appointed to the board of directors of Solantic back in 2008.


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