A federal appeals court has overturned the 25-years-to-life prison sentence of a San Francisco man convicted of failing to register as a sex offender.
A judge sentenced James Calloway under California's three-strikes law following his 2001 conviction.
But the Ninth U.S. Circuit Court of Appeals in San Francisco ruled on Thursday that a jury should have had the opportunity to determine whether one of his previous convictions was serious enough to qualify under the three-strikes law.
The conviction in question dated back to 1993, when Calloway pleaded no contest to assault with force likely to produce great bodily injury. Assault is only considered a strike if the victim is seriously injured.
The San Francisco Chronicle reports that Calloway's sentence could be reduced to six years in prison if a jury rules the assault did not produce a serious injury.
Sunday, May 13, 2012
Monday, April 9, 2012
The Law Offices of Dennis R. Wheeler
The Law Offices of Dennis R. Wheeler specializes in bankruptcy & debt relief. Automatic stay and the discharge injunction are the two most important components of bankruptcy. These two powers work in conjunction to protect you from the actions of creditors while your case is pending. Our law firm invokes the automatic stay by filing your case automatically and this will stop creditors from harassing calls and lawsuits. In addition it stops foreclosures and repossessions. As soon as your case comes to a conclusion, the bankruptcy court can decide to enter a discharge injunction which will erase all debts that are subject to discharge.
My Closer: The Law Offices of Dennis R. Wheeler know what it's like for individuals experiencing financial difficulties. They are here to help and encourage you to review all options, including bankruptcy. Their law firm offers debt relief options outside bankruptcy including Chapter 7 and Chapter 13 bankruptcy options. With a high reputation of an experienced bankruptcy attorney in the San Francisco area, Mr. Wheeler has served Bay area residents of the San Francisco and San Mateo counties.
My Closer: The Law Offices of Dennis R. Wheeler know what it's like for individuals experiencing financial difficulties. They are here to help and encourage you to review all options, including bankruptcy. Their law firm offers debt relief options outside bankruptcy including Chapter 7 and Chapter 13 bankruptcy options. With a high reputation of an experienced bankruptcy attorney in the San Francisco area, Mr. Wheeler has served Bay area residents of the San Francisco and San Mateo counties.
Tuesday, March 13, 2012
Student bra search case goes to NC Supreme Court
The North Carolina Supreme Court is hearing arguments over whether
school officials should be allowed to search students' bras for drugs.
A student at an alternative school sued after students had to untuck their shirts and pull out their bras with their thumbs in front of two men in 2008. The searches were done after the principal at Brunswick County Academy received a tip that pills were being brought into the school.
An appeals court ruled last year the searches were "degrading, demeaning and highly intrusive."
The attorney general's office is representing the school. The office says no skin was shown during the search, and students who are assigned to an alternative school because of disciplinary problems have a lesser expectation of privacy than other students.
A student at an alternative school sued after students had to untuck their shirts and pull out their bras with their thumbs in front of two men in 2008. The searches were done after the principal at Brunswick County Academy received a tip that pills were being brought into the school.
An appeals court ruled last year the searches were "degrading, demeaning and highly intrusive."
The attorney general's office is representing the school. The office says no skin was shown during the search, and students who are assigned to an alternative school because of disciplinary problems have a lesser expectation of privacy than other students.
The Shuman Law Firm Announces Class Action
The Shuman Law Firm today announced that a lawsuit seeking class action
status has been filed in the U.S. District Court for the District of
Colorado on behalf of purchasers of the common stock of Molycorp, Inc.
between March 9, 2011 and November 10, 2011, inclusive (the “Class
Period”).
If you wish to discuss this action or have any questions concerning this notice or your rights and interests with respect to this matter, please contact Kip B. Shuman or Rusty E. Glenn toll free at (866) 974-8626 or email Mr. Shuman at kip@shumanlawfirm.com or Mr. Glenn at rusty@shumanlawfirm.com.
The complaint alleges that Molycorp and certain of its officers and directors violated federal securities laws by issuing materially false and misleading statements regarding the Company's business and prospects. Specifically, it is alleged that the defendants misrepresented and/or failed to disclose the following adverse facts during the Class Period: (a) Molycorp's development and expansion of the Mountain Pass mine was not progressing on schedule and would not allow the company to reach rare earth oxide production rates at the end of calendar 2012 and 2013; and (b) end users had been reducing demand for the company's products as prices for rare earth elements increased.
On November 10, 2011, the Company reported disappointing third quarter 2011 revenues and earnings results below analysts' estimates and announced a reduction in Mountain Pass production guidance for the fourth quarter of 2011 due to expected equipment downtime relating to Mountain Pass engineering and expansion issues. The Company's stock price fell from $38.70 per share on November 10, 2011 to $33.45 per share on November 11, 2011, or approximately 13.6%.
If you purchased Molycorp common stock during the Class Period, you may request that the Court appoint you as lead plaintiff of the class no later than April 3, 2012. A lead plaintiff is a class member that acts on behalf of other class members in directing the litigation.
The Shuman Law Firm represents investors throughout the nation, concentrating its practice in investor rights litigation.
If you wish to discuss this action or have any questions concerning this notice or your rights and interests with respect to this matter, please contact Kip B. Shuman or Rusty E. Glenn toll free at (866) 974-8626 or email Mr. Shuman at kip@shumanlawfirm.com or Mr. Glenn at rusty@shumanlawfirm.com.
The complaint alleges that Molycorp and certain of its officers and directors violated federal securities laws by issuing materially false and misleading statements regarding the Company's business and prospects. Specifically, it is alleged that the defendants misrepresented and/or failed to disclose the following adverse facts during the Class Period: (a) Molycorp's development and expansion of the Mountain Pass mine was not progressing on schedule and would not allow the company to reach rare earth oxide production rates at the end of calendar 2012 and 2013; and (b) end users had been reducing demand for the company's products as prices for rare earth elements increased.
On November 10, 2011, the Company reported disappointing third quarter 2011 revenues and earnings results below analysts' estimates and announced a reduction in Mountain Pass production guidance for the fourth quarter of 2011 due to expected equipment downtime relating to Mountain Pass engineering and expansion issues. The Company's stock price fell from $38.70 per share on November 10, 2011 to $33.45 per share on November 11, 2011, or approximately 13.6%.
If you purchased Molycorp common stock during the Class Period, you may request that the Court appoint you as lead plaintiff of the class no later than April 3, 2012. A lead plaintiff is a class member that acts on behalf of other class members in directing the litigation.
The Shuman Law Firm represents investors throughout the nation, concentrating its practice in investor rights litigation.
Thursday, March 1, 2012
Jackson Township law firm opens fifth office
The law firm Krugliak, Wilkins, Griffiths & Dougherty Co. has
opened an office in downtown Akron, the firm’s first in Summit County.
The firm has offices in Jackson Township, Alliance, New Philadelphia and Sugarcreek.
Managing Director Terry A. Moore said the firm’s clients in and around Summit County have asked for a location in Akron, and it appeared the timing was right.
In the Akron Centre at 50 S. Main St., Suite 501, the office will be managed by attorney Edward V. Buehrle, who recently joined Krugliak as a shareholder and director.
Buehrle’s practice is focused on real estate and financial and business-related transactions. He received his bachelor’s degree from Hillsdale College and a master’s of business administration and law degree from the University of Akron.
The law firm was founded in 1958. For more information, visit www.kwgd.com.
The firm has offices in Jackson Township, Alliance, New Philadelphia and Sugarcreek.
Managing Director Terry A. Moore said the firm’s clients in and around Summit County have asked for a location in Akron, and it appeared the timing was right.
In the Akron Centre at 50 S. Main St., Suite 501, the office will be managed by attorney Edward V. Buehrle, who recently joined Krugliak as a shareholder and director.
Buehrle’s practice is focused on real estate and financial and business-related transactions. He received his bachelor’s degree from Hillsdale College and a master’s of business administration and law degree from the University of Akron.
The law firm was founded in 1958. For more information, visit www.kwgd.com.
The Law Offices of Steven M. Simrin
The Law Offices of Steven M. Simrin provides legal services in the areas
of tax representation, probate (wills and trusts), and
conservatorships. We are dedicated to providing our clients with
high-quality legal services along with the personalized attention that
should be expected of a small law firm. Conveniently located near Jack
London Square in Oakland, we serve clients from Oakland, Berkeley and
the entire San Francisco Bay Area.
IRS Tax Representation
California State and Local Tax Representation
Probate
Trust Administration
Trust Litigation
Conservatorships
Steven M. Simrin has more than 12 years experience as both an attorney and a certified public accountant advising clients on tax, probate, trusts, and conservatorships. Our office provides the personalized and prompt service that we believe all clients should expect. Please call us today for a free telephone consultation on how we might be able to help you.
Law Offices of Steven M. Simrin
318 Harrison Street Suite 102
Oakland, CA 94607
Tel. (510) 444-4430
Steven M. Simrin has more than 12 years experience as both an attorney and a certified public accountant advising clients on tax, probate, trusts, and conservatorships. Our office provides the personalized and prompt service that we believe all clients should expect. Please call us today for a free telephone consultation on how we might be able to help you.
Law Offices of Steven M. Simrin
318 Harrison Street Suite 102
Oakland, CA 94607
Tel. (510) 444-4430
Family of Navy Electrician's Mate Awarded $6.5M
A Philadelphia jury has found Rockwell Automation Inc., sued as
successor to Allen-Bradley Company, liable for the asbestos-related
death of Navy electrician's mate, David Lanpher. The liability finding
is the first-ever asbestos-exposure verdict against Rockwell.
The case was tried as a reverse bifurcated proceeding - a multi-phase trial that requires the jury to determine first if the plaintiff's mesothelioma was caused by asbestos exposure, and if so, what amount of damages is reasonable to compensate for pain, suffering, loss of consortium, and other circumstances related to the plaintiff's illness. In Phase I, defendants remain unknown to the jury, and plaintiff's counsel is not permitted to discuss or make recommendations about the scope or amount of the award.
Phase II, the liability hearing , occurs if the jury finds that the plaintiff's illness was indeed caused by asbestos exposure. In Phase II, the jury hears evidence about the asbestos-containing products identified by the plaintiff, and determines which - if any - manufacturers are responsible for the plaintiff's illness. This in turn, directs how many manufacturers are apportioned a share of the damages awarded in Phase I.
In Lanpher vs. Alfa Laval, Inc., the jury found Rockwell - the lone defendant at verdict - to be one of eight manufacturers responsible for Mr. Lanpher's asbestos exposure and subsequent mesothelioma. As such, Rockwell is responsible for one-eighth, or 12.5 percent, of the $6.5 million awarded to the Lanpher family.
Phase I concluded on February 19, 2010. The final verdict was delivered on March 5, 2010, at the end of Phase II.
Mr. Lanpher, an active and gainfully employed 71-year-old husband, father and grandfather, had reportedly been in perfect health prior to his diagnosis of malignant pleural mesothelioma in August 2007. He died on July 13, 2008 - less than one year later, and just one day after completing the video deposition in which he sharply recalled the types, names and brands of the asbestos-containing products that caused his illness and cut short his life.
Via video deposition, Mr. Lanpher recounted enlisting in the U.S. Navy in 1954. During his 20-year career as an electrician's mate, he worked in the engineering spaces of the USS Chemung, USS Randolph, USS Remey, USS Brough, USS Dashell, USS Benewah, and USS Wright. His assignments required him to handle various engine parts and components, including asbestos-containing insulating boards and motor control units. He recalled cutting and filing parts, including asbestos-containing motor control units manufactured and sold by Allen-Bradley, and the dust that he regularly breathed in tight quarters. He was honorably discharged in 1973, and worked as an electrician in Phoenix, Arizona, until he became too ill to work in 2007.
Mr. Lanpher's wife, Pauline, and daughter and son-in-law, Nancy and Terry Perkins, traveled from Phoenix for the trial. The family was present during both Phase I and Phase II verdicts, and were relieved and satisfied with the trial's outcome.
The case was tried as a reverse bifurcated proceeding - a multi-phase trial that requires the jury to determine first if the plaintiff's mesothelioma was caused by asbestos exposure, and if so, what amount of damages is reasonable to compensate for pain, suffering, loss of consortium, and other circumstances related to the plaintiff's illness. In Phase I, defendants remain unknown to the jury, and plaintiff's counsel is not permitted to discuss or make recommendations about the scope or amount of the award.
Phase II, the liability hearing , occurs if the jury finds that the plaintiff's illness was indeed caused by asbestos exposure. In Phase II, the jury hears evidence about the asbestos-containing products identified by the plaintiff, and determines which - if any - manufacturers are responsible for the plaintiff's illness. This in turn, directs how many manufacturers are apportioned a share of the damages awarded in Phase I.
In Lanpher vs. Alfa Laval, Inc., the jury found Rockwell - the lone defendant at verdict - to be one of eight manufacturers responsible for Mr. Lanpher's asbestos exposure and subsequent mesothelioma. As such, Rockwell is responsible for one-eighth, or 12.5 percent, of the $6.5 million awarded to the Lanpher family.
Phase I concluded on February 19, 2010. The final verdict was delivered on March 5, 2010, at the end of Phase II.
Mr. Lanpher, an active and gainfully employed 71-year-old husband, father and grandfather, had reportedly been in perfect health prior to his diagnosis of malignant pleural mesothelioma in August 2007. He died on July 13, 2008 - less than one year later, and just one day after completing the video deposition in which he sharply recalled the types, names and brands of the asbestos-containing products that caused his illness and cut short his life.
Via video deposition, Mr. Lanpher recounted enlisting in the U.S. Navy in 1954. During his 20-year career as an electrician's mate, he worked in the engineering spaces of the USS Chemung, USS Randolph, USS Remey, USS Brough, USS Dashell, USS Benewah, and USS Wright. His assignments required him to handle various engine parts and components, including asbestos-containing insulating boards and motor control units. He recalled cutting and filing parts, including asbestos-containing motor control units manufactured and sold by Allen-Bradley, and the dust that he regularly breathed in tight quarters. He was honorably discharged in 1973, and worked as an electrician in Phoenix, Arizona, until he became too ill to work in 2007.
Mr. Lanpher's wife, Pauline, and daughter and son-in-law, Nancy and Terry Perkins, traveled from Phoenix for the trial. The family was present during both Phase I and Phase II verdicts, and were relieved and satisfied with the trial's outcome.
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