Headline Legal News 2011/05/06 08:35
A trial lawyer nominated by President Barack Obama to be a federal judge in Rhode Island was confirmed on a party-line vote Wednesday just hours after a Senate GOP filibuster attempt failed.
The Senate voted 50-44 to confirm lawyer John McConnell to the bench after a more significant 63-33 tally to advance the nomination past a filibuster orchestrated by GOP leaders.
Eleven Republicans joined with Democrats in the earlier vote to break the filibuster. GOP leaders opposed McConnell, citing his record as a trial lawyer in cases against businesses. Republicans also said McConnell was less than truthful in his testimony to the Senate.
Wednesday's vote comes six years after the Republicans then in control of the Senate considered a change in procedures to make it impossible to filibuster judicial nominations, citing numerous Democratic efforts to stall former President George W. Bush's nominees. Democrats said Republicans were being hypocritical in now trying to filibuster a Democratic nominee.

Headline Legal News 2011/05/05 09:30
Before Donald Trump sold the idea of a possible 2012 presidential bid, the bombastic real estate mogul peddled the American dream at a place called Trump University. He promised consumers the golden opportunity to be "my next apprentice" and learn "insider" secrets of real estate.
But a lawsuit filed in U.S. District Court in San Diego claims that the possible GOP presidential candidate's courses instead delivered expensive "infomercials" disguised as educational classes that preyed on vulnerable Americans in "troubled economic times."
George Sorial, assistant general counsel for the Trump Organization, told The Chronicle this week that the allegations contained in the suit are "completely ridiculous," adding that Trump University stands "100 percent behind any course we offered."
Sorial dismissed the lawsuit as an effort by two former students and their attorneys "looking to make a quick buck" from the celebrity businessman.
"There wouldn't even be a lawsuit if the Trump name weren't attached to it," he said.
But Tarla Makaeff, 37, a former fashion designer and marketer from Corona del Mar (Orange County), told The Chronicle in an interview this week that Trump's "university" was hardly worthy of the name.

Headline Legal News 2011/05/04 09:30
The city attorney sued Deutsche Bank on Wednesday, claiming the giant international lender illegally evicted tenants from foreclosed properties and left dozens of homes and apartments to rot, many in low-income neighborhoods.
The suit, filed in Los Angeles County Superior Court, accuses the bank of violating federal, state and city laws and seeks potentially hundreds of millions of dollars in reimbursements to the city and to evicted tenants.
The bank's subsidiaries, Deutsche Bank National Trust Co. and Deutsche Bank Trust Company Americas, are the city's largest slumlords, according to the lawsuit.
The city attorney's office contends the bank failed to act properly as trustee to more than 160 homes and other residences with owners who couldn't meet their loan obligations during and after the 2008 international financial meltdown.
"It's time to recognize that the fraud committed on Wall Street turns into blight on Main Street," City Attorney Carmen A. Trutanich said at a news conference.
He said the bank's subsidiaries acted as trustees for trusts composed of mortgage-backed securities involving at least 2,000 properties across the country.
The complaint focuses mainly on properties in low-income areas of the city, specifically South Los Angeles and the northeastern San Fernando Valley, but Trutanich said it could be amended to include more homes if further problems are found.

Headline Legal News 2011/04/28 09:30
A federal judge awarded $30 million Monday to more than 200 investors who claim they were defrauded by a pair of Nebraska City brokers.
The decision came in a class-action lawsuit filed in 2007 by former clients of Rebecca Engle and Brian Schuster in U.S. District Court in Omaha. It accuses them of improperly selling risky investments.
The $30 million judgment was against Schuster, a former Nebraska football player, and some of his investment firms. It does not include Engle.
J.L. Spray, an attorney for the investors, said Tuesday that he was pleased with the judge's decision but "it leaves the question of how much of this we'll be able to collect."
Schuster, who has since moved to Vermillion, S.D., is representing himself in court. A number listed for him rang unanswered Tuesday.
Spray said the case against Engle has been put on hold pending her bankruptcy case in Arizona.
Schuster, 37, is scheduled to stand trial next month in state court on eight counts of security fraud. Engle, 57, has pleaded guilty to two counts and awaits sentencing. Several lawsuits and arbitration claims have been filed against them.

Headline Legal News 2011/04/19 08:34
The Supreme Court says Virginia's advocate for the mentally ill can sue to force state officials to provide records relating to deaths and injuries at state mental health facilities.
The justices, in a 6-2 ruling Tuesday, reinstated the Virginia Office for Protection and Advocacy lawsuit against Virginia's mental health commissioner and two other officials.
The federal appeals court in Richmond, Va., had dismissed the state advocate's lawsuit. The issue for the court was whether the Eleventh Amendment prohibits a state agency from going to federal court to sue officials of the same state.
Justice Antonin Scalia, who wrote the court's opinion, says the lawsuit should have been permitted. Justice Elena Kagan did not take part in the case.
Headline Legal News 2011/04/19 02:35
The Obama administration and leading power companies are going before the Supreme Court in an effort to block a global warming lawsuit aimed at forcing cuts in greenhouse gas emissions.
The justices are hearing arguments Tuesday in the court's second climate change case in four years. A half-dozen states, New York City and three land trusts sued four private utilities and the Tennessee Valley Authority over emissions of carbon dioxide from plants in 20 states. The lawsuit says carbon dioxide, which is produced when coal, gasoline and other fossil fuels burn, is one of the chief causes of global warming.
The administration and the companies say federal courts should not set environmental policy. The administration says the Environmental Protection Agency is developing regulations that would accomplish what the states are seeking.