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Court OKs Class-action Suit Over Apartment Leases
Legal Interview | 2013/06/05 08:55
An appeals court has certified a class-action lawsuit that seeks to invalidate provisions that are routinely included in apartment leases signed by University of Iowa students.

The Iowa Court of Appeals ruled Thursday that tenants of landlord Tracy Barkalow can have a trial to challenge lease provisions that critics say are illegal and unfairly shift costs and liability from landlords to tenants.

The provisions being challenged include fees that are deducted from security deposits for cleaning regardless of an apartment's condition and requirements that tenants pay for damage in common areas and routine repairs.

The Iowa City Tenants Project, which is representing the plaintiffs, has said the class could include 240 tenants but the case will have a broader reach since those provisions are the ``industry standard.''




Italian court convicts 7 for no quake warning
Legal Interview | 2012/10/25 13:41
Defying assertions that earthquakes cannot be predicted, an Italian court convicted seven scientists and experts of manslaughter Monday for failing to adequately warn residents before a temblor struck central Italy in 2009 and killed more than 300 people.

The court in L'Aquila also sentenced the defendants to six years each in prison. All are members of the national Great Risks Commission, and several are prominent scientists or geological and disaster experts.

Scientists had decried the trial as ridiculous, contending that science has no reliable way of predicting earthquakes. So news of the verdict shook the tightknit community of earthquake experts worldwide.

"It's a sad day for science," said seismologist Susan Hough, of the U.S. Geological Survey in Pasadena, Calif. "It's unsettling." That fellow seismic experts in Italy were singled out in the case "hits you in the gut," Hough added.

In Italy, convictions aren't definitive until after at least one level of appeals, so it is unlikely any of the defendants would face jail immediately.

Other Italian public officials and experts have been put on trial for earthquake-triggered damage, such as the case in southern Italy for the collapse of a school in a 2002 quake in which 27 children and a teacher were killed. But that case centered on allegations of shoddy construction of buildings in quake-prone areas.



California deputy pleads guilty to weapons charge
Legal Interview | 2012/08/31 11:18
A former Sacramento County sheriff's deputy has pleaded guilty to a federal charge stemming from the illegal sale of dozens of weapons, some of which were used by criminals.

Prosecutors in Sacramento say Thomas Lu and fellow former deputy Ryan McGowan, both of Elk Grove, bought and sold handguns that cannot be legally owned by citizens in California.

Lu, age 42, pleaded guilty Tuesday in federal court to one count of dealing in firearms without a license, which carries a maximum sentence of five years in prison.

He is agreeing to cooperate with investigators as part of a deal that could bring him a lighter sentence.

The deputies are charged with serving as straw buyers who trafficked in restricted handguns.


Md. appeals court chief judge nearing retirement
Legal Interview | 2012/07/09 15:24
The final year of Robert M. Bell's tenure as chief judge of Maryland's top court began Friday, when he turned 69 in a state where the constitution requires jurists to retire at 70.

Chief Judge Robert M. Bell has served on the Court of Appeals since 1991 and has led it since 1996.

Thus, the clock has started for Gov. Martin O'Malley to name the first new Court of Appeals chief judge since 1996.

"A year out is not too early at all to be thinking of this (appointment), because others are," said Parris N. Glendening, the former Maryland governor who appointed Bell chief judge 16 years ago. "Of all the various appointments that I made, that was the one that was most intensely lobbied, discussed."

The intensity is strong because the opportunity is so rare.

The Court of Appeals has only had two leaders during the past 40 years: Bell and his predecessor, Robert C. Murphy.


Riley Bennett & Egloff, LLP - Indianapolis Construction Law Firm
Legal Interview | 2012/03/02 10:18
As part of our experience representing owners, contractors and design professionals throughout the industry, we have written and negotiated contracts based on industry standard forms (such as the AIA forms) and have also developed custom contract documents for specific clients and projects. Based upon our experience drafting and negotiating contract documents, as well as our advice and representation of clients in construction disputes, we know what works in a contract and what does not.

* We know contracts: We routinely draft and negotiate design and construction contracts for large, complex projects.
* We know construction: We know the industry, the terminology, the technology and procedures, the economics and accounting, as well as the law and the potential pitfalls for disputes.
* We know contractors: Having represented contractors of all sizes and specialties for decades, we know how they work; we know how they plan, estimate and schedule jobs; we know their management, accounting and claims procedures; and we know what is important to them and what is not in contract negotiations and in the resolution of claims and disputes.

Riley Bennett & Egloff Law has expertise in all areas of construction law and their construction attorneys are dedicated to finding the best solution their construction industry clients. With much experience working with small, family-owned contractors, to some of the biggest general contractors in the Indianapolis area, Riley Bennett & Egloff Law knows what works.

Indianapolis Construction Law Firm

www.rbelaw.com



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