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Parmalat lawsuits against BofA, auditor dismissed
Topics in Legal News | 2009/09/21 12:38

NEW YORK (Reuters) - A U.S. federal judge in Manhattan has dismissedthree Parmalat SpA fraud lawsuits against Bank of America Corp and theauditing firm Grant Thornton LLP over their roles in the Italian dairycompany's 2003 collapse.

Friday's ruling by U.S. District Judge Lewis Kaplan is a setback forParmalat and its chief executive Enrico Bondi, who has filed dozens oflawsuits against banks and auditors, including Citigroup Inc and theauditor Deloitte Touche Tohmatsu, for helping prior management loot thecompany.

Parmalat said in a statement that it believed the decision was erroneous, and that it intends to appeal.

Burdened by about 14 billion euros ($20.6 billion) of debt, Parmalatfiled for insolvency protection in Italy in December 2003. It collapsedafter uncovering a 4 billion euro ($5.9 billion) hole in its balancesheet. Parmalat was restructured and relisted on the Milan bourse in2005, and Italian prosecutors filed criminal charges against variousexecutives.

In the current cases, Bondi and the unit Parmalat Capital FinanceLtd each sued Grant Thornton, accusing it of helping set up faketransactions to help insiders steal from the company.

Parmalat Capital made similar claims in a separate lawsuit againstBank of America, over transactions it said also generated more than$800 million for the Italian company.

The defendants argued, however, that they should prevail under alegal doctrine that prevents a company from recovering for its ownfraud.

In his 45-page opinion, Kaplan said Parmalat and Parmalat Capitalofficers had been acting within the scope of their employment when theyengaged in a "massive fraud" that ended with the company's collapse.

He rejected the plaintiffs' argument that the officers' "looting andsquandering even a small portion of corporate assets" would create anexception to the rule, and allow the new Parmalat to recover for theold Parmalat's wrongdoing.



New Mexico Turns Corner On Drunk Driving
Topics in Legal News | 2009/08/03 09:08
The Los Angeles Times reports that California DUI arrests could be down, if only they copy what's been implemented just a few states away.

New Mexico, which led the nation in alcohol-related crash rates for years, in 2005 became the first state to require the interlock for every convicted drunk driver. The interlock legislation has been the centerpiece of the state's sweeping anti-drunk-driving efforts, which include more sobriety checkpoints, tougher mandatory sentencing laws for driving while intoxicated, and the creation of the nation's first DWI czar.

The initiatives have paid off.

New Mexico, home to high rates of alcohol abuse and miles and miles of open road, is now ranked 25th in alcohol-related fatal crash rates and is expected to place lower when the latest rankings are compiled later this year. From 2004 to 2008, the number of DWI fatalities here dropped 35%, from 219 to 143.

If you're looking for a DUI defense attorney, turn to Los Angeles DUI lawyer Michael Bialys. He can help you understand why to hire a DUI defense attorney and show you how he can help. Contact him to set up a consultation.


DHS Owes 148 Workers Overtime For Training
Topics in Legal News | 2009/08/02 12:10
Courthouse News reports nearly 150 current and former Department of Homeland Security employees are entitled to overtime pay for training a sixth day each week, the Court of Federal Claims ruled.

The agency employees said the department failed to pay them overtime for a mandatory sixth day of training at its Federal Law Enforcement Training Center in Glynco, Ga.

The government admitted that it never paid overtime for those extra days, but argued that the 148 employees missed their two-year deadline to sue under the Fair Labor Standards Act (FLSA).

For those who seek out a Dallas-based labor and employment lawyer, Weinberg Law Firm has a number of labor attorneys who can assist you. Set up a consultation today.


Alabama senator's DUI court date now set for May
Topics in Legal News | 2009/04/27 08:42
State Senate Majority Leader Zeb Little's first court hearing on driving under the influence and other charges has been canceled.


The Cullman Democrat had originally been scheduled to be in Jefferson County District Court on Tuesday. Defense attorney Mark White said Monday the hearing was to determine if Little had an attorney, and the court has already been notified that he does.

Little's next court date is May 18, but that could be changed because that's the final day of the 2009 legislative session.

Little was arrested April 3 in Jefferson County. He was charged with drunken driving, failure to yield for an emergency vehicle, having an open container of alcohol in the car and having an expired driver's license.



Court won't revive Va. anti-spam law
Topics in Legal News | 2009/03/31 09:40
The Supreme Court will not consider reinstating Virginia's anti-spam law, among the nation's toughest in banning unsolicited e-mails.


The court on Monday said it will leave in place a ruling by the Virginia Supreme Court that the law was unconstitutional because it prohibited political, religious and other messages in addition to commercial solicitations.

Virginia was the only state to ban noncommerical spam e-mail.

The decision also cements the reversal of the conviction of Jeremy Jaynes, who once was considered one of the world's most prolific spammers. Jaynes bombarded Internet users with millions of pieces of spam, all of it commercial.

In 2004, Jaynes became the first person in the U.S. to be convicted of a felony for sending unsolicited bulk e-mail. He was sentenced to nine years but is currently serving time in federal prison on an unrelated conviction for securities fraud.

The case is Virginia v. Jaynes, 08-765.



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