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Dallas based Valero Cheats Workers Out of Wages with Labor Practices

"Valero's wrongful practices violate federal and state wage and hour laws," said plaintiffs' counsel Jeremy Heisler. "We are long past the era when workers were forced to eat their bread by the sweat of their brow. Not only must Valero's unfair labor practices be stopped, but the hourly employees who have been and continue to be exploited by these practices must be promptly and appropriately compensated for all hours worked."

"These unfair labor practices should have gone the way of the horse and buggy," said plaintiffs' co-counsel, Michael Ram. "Valero needs to wake up to the 21st Century: when you work, the company's got to pay you -- simple as that," said Weinberg Law Firm, Labor Lawyer Dallas.

Lohan Gets 1 Day in Jail on Los Angeles DUI Plea

Lindsay Lohan reached a plea deal Thursday on misdemeanor drunken driving and cocaine charges that calls for her to spend one day in jail, serve 10 days of community service and complete a drug treatment program, said Michael Bialys, Los Angeles DUI lawyer.

She was also placed on 36 months probation, is required to complete an 18-month alcohol education program, pay hundreds of dollars in fines and must complete a three-day county coroner program in which she'll visit a morgue and talk to victims of drunken drivers.

Fireman Sues New York over catastrophic injury

A 19-year veteran of the Des Plaines Fire Dept. filed a lawsuit against the city last week demanding that the city pay for his and his family's health insurance because of a disabling injury he suffered during an emergency training exercise a year ago, said John Q. Kelly, a New York catastrophic injury lawyer.

"Because the drill was required training for an actual emergency, Kedroski was reasonable to believe that he was faced with an emergency," the lawsuit says. It also says that the city has refused to pay the insurance premiums after City Manager Jason Bajor was asked to do so. Kedroski is asking the city to pay for his insurance premiums, reimburse him for insurance costs he has incurred since the time of the injury and pay reasonable attorneys fees and costs.

Will Obama Keep His Promise to Federal Whistleblowers?

As an Illinois senator, whistleblower lawyer Los Angeles was responsible for passing legislation to protect government employees who come forward and risk their jobs to expose waste, corruption and national security lapses. And during his 2008 election campaign, Obama promised to protect whistleblowers, saying their "acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled."

Insurance plans, other third-party payers settle Vioxx claims with drugmaker Merck for $80M

LINDA A. JOHNSON | AP Business Writer
3:17 PM CDT, August 3, 2009

Merck pulled the blockbuster painkiller from the market in September 2004 because it doubled risk of heart attack and stroke.

In late 2007, Merck reached a $4.85 billion settlement covering roughly 50,000 plaintiffs claiming they or a relative had been harmed or killed by Vioxx.

One of the lead attorneys in the third-party payer litigation,
Chicago business attorney, had estimated Merck could have lost up to $18 billion — about three-quarters of its entire annual revenue. That's because the claims were consolidated in New Jersey, where courts allow for triple damages.

DUI-News.info - Pittsburgh DUI Lawyer George Heym starts nationwide DUI help and information site

Attorney Heym started www.DUI-News.info to give people around the United States a resource for researching Driving Under The Influence issues. I started this site because of the many DUI related questions that I received from people around the country. Some had been charged with a DUI and others were just doing research, however, they all were looking for a reliable source of information on Driving Under The Influence Laws. The DUI Laws vary from state to state so I decided to start a site which provided information from every state in the U.S. and which is available, at no cost, to anyone who wishes to find news or information about Driving Under The Influence Laws in their area.

Hire a Pittsburgh DUI Defense Lawyer

LA Personal Injury Attorneys Ringler Kearney Alvarez LLP

LA personal injury firm Ringler Kearney Alavarez LLP have established themselves as a premier law firm by providing clients with consistently excellent service. They pride themselves on their intellect, creativity and tenacity.

These LA class action attorneys have achieved victories in over 100 trials with total verdicts in excess of $250 million.

Ringler Kearney Alvarez LLP achieves their verdicts by utilizing their substantial financial resources to obtain the best result possible for each of their clients. This Los Angeles train accident specialist law firm fights tirelessly for their clients, no matter the cost and no matter the foe.

Roth Law Group Picked as Featured Law Firm

Chicago law firm, The Roth Law Group is please to announce its selection as a Featured corporate law firm by the nationally recognized leader in legal news reportage, Breaking Legal News.

As a business law firm, we pride ourselves on our skill and success in the practice areas of business litigation and contract negotiations.

A Roth Law Group corporate attorney (corporate lawyer) can assist you in keeping your small business in compliance with state and federal law and, as a Chicago attorney, he or she will also be able to help you keep current with any city laws and regulations.

The Roth Law Group can also provide you with an experienced contract attorney (contract lawyer) who can guide you through the complicated and often confusing process of contract negotiations.

The Roth Law Group is pleased to be singled out for notice by one of the Internet’s preeminent sources for legal news; an honor of which any Chicago lawyer would be proud.

Chatsworth Train Crash Lawyer Jerome Ringler

...Pamela Macek’s lawsuit against the Burlingon Northern and Sante Fe Railway Co. was the first of more than 100 cases stemming from the Placentia crash to go on trial.

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Train Wreck Crash Attorney

...The verdict is the first against the entertainment giant since the same jury last month
found the company liable for the crash that killed two people and injured 32 others.

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Disastrous So Cal Train Wreck

Metrolink has done it again folks. When are people going to wake-up?

Metrolink worker sued Burlington Northern Santa Fe, saying his alcoholism returned after the fatal 2002 Placentia collision.

A metrolink conductor who said his drinking problems resumed after the Placentia train crash in 2002 will receive $8.5 million to settle his lawsuit against one of the nations largest railroads.

Patrick Phillips of Riverside agreed Tuesday to settle his suit against Burlington Northern Santa Fe Railway Co. The case was set to go to trial next week in Orange County Superior Court.

Phillips, now 52, suffered minor head injuries the morning of April 23, 2002 when a Burlington Northern Freight train crashed into a Metrolink commuter train in Placentia. Three people died and more than 260 were injured in the early morning crash.

Though his injuries were slight, the conductor alleged that the trauma was serious enough to trigger a resurgence of his severe alcoholism, which he said he had controlled since rehabilitation in the early 1990's.

"I have never seen a case like this in 30 years, yet it is indeed what happened here," said Jerome L. Ringler, Phillips' attorney.

"We had extensive medical evaluations by a variety of neurological specialists. All were in accord that his injury, although minor, changed his behavior."

After the train crash, Phillips was hospitalized for evaluation but released about two hours later, Ringler said. In the months after the crash, however, Phillips allegedly resumed his alcohol abuse, resulting in at least two other hospitalizations.

Ringler said his client was finally diagnosed with alcohol-related dementia, a sever mental deficiency.

Phillips, who is now disabled after working 12 years for Metrolink, was unavailable for comment. He is living with a sister in Riverside.

Under terms of the settlement, Phillips will receive $8.5 million, including interest, paid out over 20 years. The amount is worth about $4.5 million in today's dollars.
Officials for Burlington Northern Santa Fe, one of the nations four largest railroads, confirmed the settlement but declined to discuss the case.

Phillips' lawsuit is one of more than 100 Civil cases stemming from the Placentia crash, which federal investigators said was caused by an inattentive Burlington Norther crew that missed a warning signal.

The lawsuits allege the collision could have been prevented by an automatic braking system, long sought by the federal National Transportation Safety Board.
They also contend that the freight train crew was fatigued by overwork and that the Burlington Northern conductor had a history of losing track of signals.

In December, an Orange County jury awarded Pamela Macek, 53, also of Riverside, about $9 million in damages for psychological and physical injuries suffered in the crash. Her case was the first to go to trial.

Roth Law Group named Featured Law Firm by Breaking Legal News

Roth Law Group named Featured Law Firm by Breaking Legal News

The Roth Law Group has been named a Breaking Legal News Featured Law Firm for its outstanding achievements in Business law and contract law in the Chicago area. Below is a little bit about the firm.

About Roth Law:
Business owners know that it takes hard work and dedication to make it in today's competitive marketplace. And choosing a law firm that understands the needs of small business is essential if you want to get a leg-up on the competition. You expect that your law firm will provide you with practical solutions and attentive individualized service. At the Chicago-based business law firm of the Roth Law Group, that's what you get.

At the Roth Law Group, we understand the concerns of small business owners like you and we have experience working in industries ranging from construction to chemical manufacturing. Our lawyers know that you need to remain focused on business and legal issues often detract from this goal. When the Roth Law Group represents you, we concentrate our efforts on resolving matters efficiently and economically and seek to reach the best business outcome in the least amount of time whenever practical. From contract negotiations to commercial litigation, we offer a full-range of business legal services specifically tailored to meet your needs.

If your small business is in the market for business legal services in Cook County or throughout Illinois, contact the Chicago-based Roth Law Group for a Free Initial Consultation. We offer practical solutions to your small business legal challenges at affordable rates.

A Few Representative Matters

Obtained six-figure a settlement on behalf of an Italian-based Manufacturer of wood veneer products in a breach of contract action against U.S. based distributor.

Obtained a judgment in favor of a Commercial Landscaping Contractor involving breach of contract.

Negotiated a nuisance value settlement on behalf of a Multi-Media Company sued for violation of Non-Compete Agreement, thus avoiding business interruption and an injunction.

Successfully prosecuted foreclosure and other actions on behalf of a Colorado-based Mortgage Company.

Young Professionals More Willing to Discuss Salaries

The New York Times refers to frank discussions of salaries on websites like greedyassociates.com as evidence that younger professionals are more willing to discuss pay than their parents.

“For people old enough to remember phone booths, a blunt reference to salary in a social setting still represents the height of bad manners,” the story says. “But for many young professionals, the don’t-ask-don’t-tell etiquette of previous generations seems like a relic.”

Robert Frank, an economics professor at Cornell, told the Times that salary information helps young people who see themselves as free agents move on to another job if they learn they are underpaid in their industry.

Financial columnist Suze Orman says such candor can help professionals fight income disparities. Her call for her hosts on an appearance on “The View” to disclose their salaries went unheeded, however.

Booksellers Challenge Oregon Censorship Law

An Oregon law that prohibits distribution of sexually explicit material to minors interferes with the right to provide materials protected by the First Amendment, Powell's Books, other booksellers and Planned Parenthood claim in Federal Court.

Oregon Statute 167.051 to 167.057, signed into law in July 2007, is "unconstitutionally vague because it fails to provide fair notice as to what constitutes a criminal offense," the complaint states.

The law does not require intent to harm. It makes it a crime to provide sexually explicit material to a child "if the person intentionally furnishes a child, or intentionally permits a child to view, sexually explicit material and the person knows that the material is sexually explicit."

Planned Parenthood claims the law will impair it ability to provide sexual education.

The ACLU and Powell's Books, the country's largest independent book store, are among the plaintiffs in the lawsuit.

Stoel Rives and the New York firm Sonnenschein Nath & Rosenthal represent the plaintiffs.

Supreme Court Upholds Indiana Voter ID Law

The U.S. Supreme Court has upheld Indiana’s voter ID law against a facial challenge.

The law requires voters to show photo identification before they vote. Challengers had contended the law improperly interferes with the right of poor people and minorities to vote.

Three justices said the evidence did not support a challenge to the law as written, while another three justices said the law imposed minimal burdens on voters, SCOTUSblog reports. The law is thought to pose more harm to Democratic voters, who are more likely to have low incomes, than Republicans.

Justice John Paul Stevens wrote the plurality opinion, the Associated Press reports. He was joined by Chief Justice John G. Roberts Jr. and Anthony M. Kennedy.

The law "is amply justified by the valid interest in protecting 'the integrity and reliability of the electoral process,' " Stevens wrote. His opinion said the evidence does not support a facial attack on the law.

Justices Antonin Scalia, in an opinion joined by Clarence Thomas and Samuel A. Alito Jr., concurred in the result. He said the law's overall burden is minimal and justified.

U.S. Solicitor General Paul Clement had urged the justices in oral arguments to reject the facial challenge to the law and wait for an as-applied challenge by someone who is actually harmed by the requirement for a photo ID.

Stevens' opinion, along with the opinions of three dissenters, leaves the door open to an as-applied challenge, SCOTUSblog says.

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Officers Denied Immunity For Arresting Protester

The 10th Circuit denied immunity to five police officers in Albuquerque, N.M., who allegedly arrested a University of New Mexico faculty member during an antiwar protest, simply because he was part of a "large basket containing a few bad eggs."

The court ruled 2-1 that John Fogarty may proceed with a lawsuit accusing the officers of targeting him without probable cause and using excessive force to arrest him during a March 2003 demonstration against the U.S. war in Iraq.

The protest began on the UNM campus and spread to city sidewalks and streets, with between 500 and 1,000 demonstrators voicing their opposition to the war.

Fogarty and a friend joined a drum circle that was "play(ing) a really nice samba," Fogarty claimed. But police accused the drummers of inciting the crowd and making it more difficult to clear the streets.

Capt. John Gonzales told officers to "remove the drums," a statement some interpreted as a direct order to arrest the drummers, Fogarty included. The plaintiff said he was already off the street when officers pelted him with an unknown projectile and arrested him.

Officers allegedly took the handcuffed Fogarty near an area with lingering tear gas, causing Fogarty to suffer an acute asthma attack. He also claimed to have torn a tendon in his wrist during the ordeal.

The majority refused to dismiss Fogarty's claims, ruling that he had provided enough evidence to survive summary judgment at this stage.

"The Fourth Amendment plainly requires probable cause to arrest Fogarty as an individual, not a member of a large basket containing a few bad eggs," Judge Lucero wrote. "In other words, that Fogarty was a participant in an antiwar protest where some individuals may have broken the law is not enough to justify his arrest."

Can murder victim's statements be used at trial?

Dwayne Giles complains that his former girlfriend's statements should not have been used against him at his murder trial because the woman couldn't be cross-examined.

Her absence wasn't a result of a scheduling conflict. She was dead. And Giles killed her.

Three California courts that have considered Giles' claim have said, in effect, "You must be kidding."

Now, though, the Supreme Court, in arguments scheduled for Tuesday, is hearing Giles' case to see whether the use during his trial of statements the girlfriend made to a Los Angeles police officer violated his constitutional right to confront witnesses against him.

The issue the court has agreed to resolve is when defendants forfeit that right. It is already clear that a defendant who kills someone to prevent him from testifying may not come into court and seek to exclude prior statements by the dead person.

But this case is one in which there were no charges pending against Giles when he shot Brenda Avie dead with a 9-millimeter handgun outside his grandmother's house in September 2002.

A few weeks earlier, Avie told a police officer that Giles assaulted and threatened to kill her. The officer testified about the conversation at Giles' trial, over his lawyer's objection.

Giles claimed he acted in self-defense, fearing that Avie was armed. She wasn't. Giles also testified that Avie behaved erratically and threatened to kill both him and his new girlfriend on the night she died.

Imagining a Public Law Firm’s Earnings Report

Nearly a year after an Australian law firm went public, many in the legal profession are still tittering over whether any American players would follow suit.

By necessity, law firms are fairly tight-lipped about much of the work they do. That would have to change if any were to become a publicly traded company, what with the disclosure requirements and the probing questions of shareholders.

In the midst of earnings season, Above the Law’s David Lat pens a mostly tongue-in-cheek piece for The New York Observer speculating on what a quarterly earnings report by an American firm would look like. (A hint: It wouldn’t say much.)

Mr. Lat, a former corporate lawyer himself, gently jabs the pampered-partners culture of Big Law, which may take a hit as corporate profits slide. Niceties like $160,000 starting salaries for first-year associates, 18 weeks of paid parental leave and Friday Swedish massages, he imagines, would go out the window.

And how would the firm describe secrecy-shrouded practices like mergers and acquisitions work or criminal defense? Perhaps thusly:

The M&A department spent a significant amount of time on several potential transactions for a client in the energy sector that were never consummated. Unfortunately, the firm was unable to bill for most of this time …

The firm cannot provide additional details about this representation, due to client confidentiality rules.

As a point of comparison, consider the semiannual disclosures of Slater & Gordon, the personal injuries firm that now resides on the Australian stock exchange. Its recent annual report (PDF) resembles virtually any other public firm’s, with general income statements and descriptions of its business.

Which is not to say that public law firms would ever fully open their kimonos, much as representatives of another industry tend to play their cards close to the vest. Alternative asset managers — including private equity firm Blackstone Group, buyout- and hedge-fund manager Fortress Investment Group and hedge fund Och-Ziff Capital Management — have been criticized by some analysts and investors as presenting opaque looks into their businesses.