Friday, December 20, 2013

Court: LAPD can continue eased auto impound policy


A California appeals court has issued a stay allowing a Los Angeles police policy that makes it easier for unlicensed drivers to keep their cars instead of having them impounded.

In August a lower court struck down the policy known as Special Order 7, saying it conflicted with the state's vehicle code.

But in October the appeals court issued a temporary stay allowing the policy to continue, and Wednesday extended that stay until a city appeal is resolved.

Special Order 7 allows some unlicensed drivers who are stopped to produce registration and proof of insurance to avoid having their cars impounded for 30 days.

The police union sued to nullify the policy, saying it left officers with conflicting orders.

LA'S city attorney and police chief issued statements lauding Wednesday's decision.

Wednesday, November 6, 2013

Appeals court to review approval of BP settlement


A year ago, lawyers for BP and Gulf Coast residents and businesses took turns urging a federal judge to approve their settlement for compensating victims of the company's massive 2010 oil spill.

On Monday, however, the one-time allies will be at odds when an appeals court hears objections to the multibillion-dollar deal. That's because several months after U.S. District Judge Carl Barbier approved the settlement, BP started complaining that the judge and court-appointed claims administrator were misinterpreting it. The London-based oil giant is worried it could be forced to pay billions of dollars more for bogus or inflated claims by businesses.

Plaintiffs' attorneys who brokered the deal want the 5th U.S. Circuit Court of Appeals to uphold the class-action settlement.

As of Friday, payments have been made to more than 38,000 people and businesses for an estimated $3.7 billion. Tens of thousands more could file claims in the coming months.

The settlement doesn't have a cap, but BP initially estimated that it would pay roughly $7.8 billion to resolve the claims. Later, as it started to challenge the business payouts, the company said it no longer could give a reliable estimate for how much the deal will cost.

The dispute centers on money for businesses, not individuals. Awards are based on a comparison of revenues and expenses before and after the spill. BP says a "policy decision" that claims administrator Patrick Juneau announced in January has allowed businesses to manipulate those figures in a way that leads to errors in calculating their actual lost profits.

Wednesday, August 28, 2013

Man pleads guilty in bus stop crash that kills 4

A 24-year-old man has pleaded guilty to five felony driving under the influence counts stemming from a crash at a Las Vegas bus stop that killed four people last year.

Gary Lee Hosey Jr. awaits sentencing Nov. 1 after accepting a plea agreement with prosecutors Friday in Clark County District Court. He originally faced nine DUI counts.

The deal calls for his sentence to range from 24 to 80 years in prison.

Four people waiting at the bus stop were killed in the Sept. 13 crash. Hosey, four passengers in his car and three other people at the bus stop were injured.

A criminal complaint alleges Hosey's blood-alcohol level exceeded the legal limit of 0.08 percent when his car plowed into the bus stop.

Tuesday, June 25, 2013

McDonnell Law - Social Security Disability Law Office

At McDonnell Law, our San Diego Social Security attorney is here to help you get your benefits if you are disabled and an adult and able to work. We can also help if you are a beneficiary of a person entitled to SSDI. If you are a child or an adult who does not qualify for SSDI, we can help you obtain SSI. If you are in pain or cannot function, you must seek medical help and have the doctor document your disability. The Social Security Administration requires documents that prove you are seriously ill and unable to function. If you are seeking SSI, there are strict financial limitations; you must not have income above a certain amount and must not have assets that exceed a set amount. These items can get complicated but We can help you sort through all these things and help you file a claim for the best results. Or we can help you appeal a ruling in which you were denied benefits. Just call a Social Security Lawyer located in San Diego or email and tell us your situation.

Thursday, May 23, 2013

Judge OKs class-action settlement over Skechers

A federal judge approved a $40 million class-action settlement Monday between Skechers USA Inc. and consumers who bought toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles.
U.S. District Judge Thomas B. Russell in Louisville approved the deal, which covers more than 520,000 claims. About 1,000 people eligible for coverage by the settlement opted not to take part.
Those with approved claims will be able to get a maximum repayment for their purchase _ up to $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair of Tone-Ups.
Russell also awarded $5 million for the attorneys in the case to split. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.
Two people that served as the lead plaintiffs in the case will receive payments of $2,500 each.
Russell considered multiple factors in deciding to approve the settlement and found it provides just compensation to the plaintiffs.

Monday, April 8, 2013

Lawyer: Murtha-linked Pa. brothers to plead guilty

Two brothers who owned defense contracting businesses that benefited from earmarks obtained by the late U.S. Rep. John Murtha will plead guilty to charging the military $650,000 for parts that were never delivered and paying a kickback to another contractor, a defense attorney said.
Ronald and William Kuchera will waive their right to be indicted and plead guilty to charges filed late last week by federal prosecutors, said Ronald Kuchera's lawyer, Stanton Levenson. They're waiting only for U.S. Judge Kim Gibson in Johnstown to set a court date, Levenson said.
Murtha, the powerful Democrat who chaired the House Defense appropriations subcommittee, isn't mentioned in the twin four-page criminal informations charging the Kucheras with major fraud against the federal government and conspiracy via two companies they owned, Kuchera Defense Systems Inc. and Kuchera Industries Inc., of Windber.
But another businessman and his company previously linked to the late congressman in a lobbying-for-earmarks scheme are mentioned: Richard Ianieri and Coherent Systems International Inc.

Tuesday, February 5, 2013

Gerald B. McNamara - DUI Defense

Based on my experience as a former police officer, my team of attorneys has a unique understanding of what you have experienced if you have been arrested for driving after imbibing alcohol or utilizing drugs in Pennsylvania (which is more commonly known as driving under the influence, or simply DUI).  We realize that for many people arrested for DUI, this is their first and only encounter with the criminal justice system.  If you are reading this, you probably realize that this is not a very pleasant encounter.

http://www.gbmlawpittsburgh.com/criminal-defense/dui/defending-your-case

Thursday, January 3, 2013

Judge: Sexual assault suspect insane, not guilty

A Stamford man whose tongue was partially bitten off as he tried to rape a woman has been found not guilty by a Connecticut judge ruling he was insane at the time of the assault.

The Stamford Advocate reports that Superior Court Judge Richard Comerford said prosecutors proved beyond a reasonable doubt that the 48-year-old Gerard Landon sexually assaulted a woman at a church in June 2011.

He says Landon has psychiatric problems dating to 1988 and has been diagnosed with Schizophreniform disorder.

Landon's lawyer, public defender Howard Ehring, said Comerford made the right decision.

A Stamford psychiatrist testified that Landon had not been taking anti-psychotic medications.

Comerford said Landon, who is jailed, must be confined by the state commissioner of mental health for further evaluation.