2 Attorneys From Girard Gibbs Selected to Best Lawyers in America 2012

Headline Legal News 2011/09/24 09:42   Bookmark and Share
Girard Gibbs LLP (www.GirardGibbs.com) announced today that two attorneys in the firm’s San Francisco office were recently selected by their peers for inclusion in The Best Lawyers in America® 2012 (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.). Girard Gibbs’ Daniel Girard was honored for his work in class action and securities litigation, and Eric Gibbs was recognized for his work in class action litigation.

Daniel Girard has served as lead counsel in a wide range of cases, including class actions arising under the securities, financial services, civil rights and telecommunications laws. He serves as outside counsel to the California State Teachers Retirement System and the Kansas Public Employees Retirement System. His current work includes serving as lead counsel for investors in litigation against several major banks, including multi-district proceedings against UBS AG in connection with the Lehman Brothers collapse. He also represents individual and corporate clients in international arbitration proceedings.

Mr. Girard was appointed by Chief Justice William Rehnquist to the United States Judicial Conference Committee on Civil Rules in 2004. He was reappointed to a second three-year term by Chief Justice John Roberts in 2007. He is a member of the American Law Institute, and serves on the Advisory Board of the Institute for the Advancement of the American Legal System, a national, non-partisan organization dedicated to improving the process and culture of the civil justice system.

Mr. Girard was selected for inclusion in Northern California Super Lawyers from 2007 through 2011, and has earned an AV-Preeminent rating from Martindale-Hubbell, recognizing him in the highest class of attorneys for professional ethics and legal skills. 2011 is the first year he is listed in The Best Lawyers in America.

Eric Gibbs is a founding partner at Girard Gibbs and specializes in the prosecution of consumer and employment class actions. Mr. Gibbs serves as court-appointed lead counsel, class counsel and liaison counsel in various class and collective actions in federal court and in arbitration throughout the United States. His experience in complex litigation extends to matters involving defective products, false advertising, unfair competition, privacy rights, employment misclassification and wage and hour issues.

Mr. Gibbs is the immediate past co-chair of American Association for Justice’s Class Action Litigation Group and past editor of the group’s Quarterly Newsletter; he also serves on the Board of Governors of the Consumer Attorneys of California and is a member of Public Justice’s Class Action Preservation Project Committee.

Mr. Gibbs was selected for inclusion in Northern California Super Lawyers in 2010 and 2011, and has earned an AV-Preeminent rating from Martindale-Hubbell, recognizing him in the highest class for professional ethics and legal skills. Mr. Gibbs frequently speaks on current issues concerning class action litigation. 2011 is the first year he is listed in The Best Lawyers in America.

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Samsung seeks iPhone, iPad sale ban in Dutch court

Legal Business 2011/09/23 09:43   Bookmark and Share
Samsung asked a Dutch court Monday to slap an injunction on Apple Inc. to prevent it from selling iPhones and iPad tablets in the Netherlands, saying Apple does not have licenses to use 3G mobile technology in the devices.

The legal battle is the latest round in a series of claims and counterclaims of patent breaches by the rival technology heavyweights playing out in courtrooms around the world.

Samsung Electronics Co. lawyer Bas Berghuis told a civil judge at The Hague District Court that Apple "never bothered to ask about licenses" before it started selling 3G-enabled iPhones.

Apple lawyer Rutger Kleemans hit back by accusing Samsung of using the patent dispute to "hold Apple hostage" because of Apple's legal battles accusing Samsung of copying its iPhone and iPad designs.

"It's a holdup," Kleemans said. "Because Apple dared to take action against Samsung's copycat tactics."

Kleemans urged the court to reject the injunction request, saying the patents involved "are not designed to be used as a weapon against Apple."

No date was immediately given for a ruling.

Earlier this month, a court in Duesseldorf, Germany, ruled that Samsung cannot sell its Galaxy Tab 10.1 in Germany because its design too closely resembled the iPad2. The ruling only applied to direct sales from the Samsung, meaning distributors who acquire the Tab 10.1 from abroad could resell them in Germany. Samsung said it would appeal that judgment.
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9th Circuit appeals court Judge Pamela Rymer dies

Attorney News 2011/09/22 23:42   Bookmark and Share
Judge Pamela Rymer of the 9th U.S. Circuit Court of Appeals has died after a years-long battle with cancer.

The federal court on Thursday announced the passing of the 70-year-old Rymer, who had been in failing health in recent months. The court says Rymer was diagnosed with cancer in 2009 and died Wednesday with friends at her bedside.

President Ronald Reagan first appointed Rymer to the U.S. District Court in Los Angeles in 1983. President George H.W. Bush elevated her to the appeals court in 1989.

Rymer was born in Knoxville, Tenn., and raised in the San Francisco Bay area.

The court didn't list any survivors and said Rymer requested no services.

Two scholarships in her name have been established at Stanford University, where she graduated law school in 1964.





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Idaho inmates settle lawsuit over prison violence

Court News 2011/09/22 11:43   Bookmark and Share
A potential class-action lawsuit against the nation's largest private prison company over allegations of violence at the Idaho Correctional Center has been settled in federal court.

The agreement between the inmates and Nashville, Tenn.-based Corrections Corporation of America was filed Tuesday in U.S. District Court in Boise.

In it, CCA doesn't acknowledge the allegations but agrees to increase staffing, investigate all assaults and make other sweeping changes at the lockup south of Boise. If the company fails to make the changes, the inmates can ask the courts to force CCA to comply.

The inmates, represented by the American Civil Liberties Union, sued last year on behalf of everyone incarcerated at the CCA-run state prison. They said the prison was so violent it was dubbed "Gladiator School," and that guards used inmate-on-inmate violence as a management tool and then denied prisoners medical care as a way to cover up the assaults.

CCA has denied all the allegations as part of the settlement, but the agreement is governed under a section of the Prison Litigation Reform Act which only applies in cases in which prisoners' constitutional rights have been violated.



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Retired players file lawsuit against NFLPA

Topics in Legal News 2011/09/22 03:43   Bookmark and Share
Twenty-eight former NFL players have filed a class-action federal lawsuit against the NFL Players Association, seeking at least $5 million in damages. They're alleging current players interfered with negotiations on the new collective bargaining agreement and kept money from the retirees.

Attorney Shawn Stuckey said Wednesday the group includes 25 Pro Football Hall of Famers and a player from every decade since the 1940s. Former Minnesota defensive end Carl Eller, an outspoken proponent of better retiree benefits, leads the list.

The suit filed in Minneapolis also names NFLPA DeMaurice Smith, New England quarterback Tom Brady and former linebacker Mike Vrabel. Brady and Vrabel were plaintiffs on the antitrust lawsuit filed by the current players against the NFL in March before the lockout.






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Court sets aside class-action suit by Costco women

Court News 2011/09/21 23:44   Bookmark and Share
Citing the U.S. Supreme Court's recent Walmart ruling, a federal appeals court set aside - but did not dismiss - a class-action suit by more than 700 women who accused discount retailer Costco of using an "old-boys' network" to bypass them for promotions.

A federal judge in San Francisco ruled in 2007 that the women had presented enough evidence of a "common culture" at Costco to proceed with a single nationwide suit against the company, rather than file individual claims.

The Ninth U.S. Circuit Court of Appeals overturned that decision Friday, relying in part on the Supreme Court's ruling in June dismissing a class action against Walmart by as many as 1.5 million female employees. The high court said the women had failed to show a company-wide policy that allegedly led to gender-based disparities in pay and promotions.

Likewise, the appeals court said, the Costco plaintiffs have not yet shown that they have enough in common to justify a class action.

The court said opposing expert witnesses disagreed about a central issue - whether the company promoted women less often than men in all regions or only a few - and said U.S. District Judge Marilyn Hall Patel should have resolved the dispute before letting the case proceed.



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