Tag: court

Disbarred judge says he will not resign

October 8, 2015 Astrid Countee Leave a comment Court, Ethics, In the Law

A disbarred New Mexico Judge is refusing to step down after being disbarred.

Corrales Municipal Judge Luis Quintana was disbarred on July 1st by the New Mexico supreme court. The disbarment was for failing to turn over a settlement check to a client from a workers compensation case. The complaint was filed by Maria Ramos, one of the Judge’s former clients. A committee found that he used the money to pay debts that he owed to other clients instead of paying Ms. Ramos. The Judge contends that his disbarment has nothing to do with his job, therefore he has no intention of resigning.

Judge Quintana told the Albuquerque Journal that the case that resulted in the courts decision to disbar him happened before he was elected. Because of this, Quintana states that he is fully able to carry out his term, which ends in 2016. Despite his claims, the Judge is facing pressure to resign.

“People like myself who are lawyers or retired lawyers are quite alarmed, not only that it happened, but that it’s taken several months for it to become public knowledge…”, says Mayor Phil Gasteyer.  Mayor Gasteyer raised the issue of the disbarred Judge at a recent meeting of the village council. Since Quintana was elected to his position as Judge, he cannot be forced to vacate it. The Mayor plans to ask Judge Quintana for his resignation.

In response to the controversy Quintana stated, “Are people going to be disappointed? Sure. I’m disappointed, too. I’m disappointed because I didn’t serve Ms. Ramos as great as I should have, you know. But that was one instance in 30 years.”

 

Article via ABAJournal, 7 October 2015

Photo: Judges Desk Partial Desat via Matthew Paulson[Creative Commons Attribution-NonCommercial-NoDerivs]

Snowden wants to come back to the US, and willing to go to jail

October 7, 2015 Astrid Countee Leave a comment Criminal Law, Government, Justice, Security

Edward Snowden fled the US in 2013 after leaking classified documents to reporters. These documents revealed domestic surveillance by the NSA on United States citizens and ignited outrage and debate about security and surveillance. To escape arrest, Snowden left the country and resides in Russia, where he has been since 2013. Now he wants to come back home.

In an interview that aired Monday with the BBC, Snowden says that he has offered to go to jail in exchange for coming home, but has not received a response from the government. He stated, “I’ve volunteered to go to prison with the government many times”. He continues saying that “what I won’t do is I won’t serve as a deterrent to people trying to do the right thing in difficult situations.” This echoes a sentiment that he expressed in a Wired interview in 2014 where he said that he wouldn’t mind going to jail as long as his sentence “serves the right purpose.”

Snowden has been charged with 3 felonies in accordance to the Espionage act that  carry a sentence of over 30 years. His lawyers have objected to Snowden returning to the US because they believe that a trial with charges under the espionage act would not be fair. “The Espionage Act finds anyone guilty who provides any information to the public, regardless of whether it is right or wrong,” Snowden told the BBC. “You aren’t even allowed to explain to a jury what your motivations were for revealing this information. It is simply a question of, ‘Did you reveal information?’ If yes, you go to prison for the rest of your life.”

There continues to be ongoing debate as to whether Snowden is a patriot or a traitor. Those who see his actions as an act of patriotism have called for President Obama to grant Snowden a full pardon. But, when Secretary of State John Kerry visited Moscow in 2013 he called Snowden a traitor and a coward. Former Attorney General Eric Holder has indicated that a plea deal could be possible that can met the request of both the government and Snowden.

In the meantime, Snowden continues to use his status to speak out about issues of security and surveillance.

Article via TechCrunch, 6 October 2015

Photo: snowden via duluoz cats[Creative Commons Attribution-NonCommercial-NoDerivs]

Google, Microsoft to settle patent feud

October 1, 2015 Astrid Countee Leave a comment Business, In the Law, News, Tech

Microsoft and Google agreed Wednesday to dismiss nearly 20 patent related lawsuits that they have pending against one another.

The two rivals have filed lawsuits against each other for the last 5 years over royalties related to wi-fi, smartphones and web video. The core of these lawsuits has been an ongoing fight over the use of  patents. Both Google and Microsoft have fought viciously to use patents owned by the one another, and to collect royalties for their use.

The patent disagreement started in 2010 when Microsoft filed suit against Motorola, which was acquired by Google the following year. Microsoft, like other prominent software companies, licenses patents from Google for various products and devices. Microsoft’s suit alleged that Android devices infringed on Microsoft patents and that Motorola was charging excessively for the royalties. Google fought back claiming that Motorola’s royalty rates were fair.

In 2013, Microsoft won its case against Motorola and got the royalty rate reduced to 22 times lower than Motorola was charging.

Neither company disclosed the settlement to end their patent feud, but they did say that they “agreed to collaborate on certain patent matters and anticipate working together in other areas in the future to benefit our customers.”

 

Article via CNET, 30 September 2015

Photo: Google Campus Mountain View, CA via Eric Langhorst[Creative Commons Attribution-NonCommercial-NoDerivs]

 

Volkswagon lawsuits likely to be consolidated

September 30, 2015 Astrid Countee Leave a comment Business, Court, Economy, Ethics, Legal News

Volkswagon has been in the news lately because of a scandal involving software used to trick emissions tests on diesel vehicles.  The software was rigged to allow their diesel vehicles to pass their emissions test even though the emissions from the vehicles are well above the standard. Immediately following the news, the US has issued a recall for the vehicles, as well as a federal probe to find out what the company knew and when. In the meantime, lawsuits are being filed all around the country.

Robert Clifford, a prominent plantiff lawyer, expects a consolidation of lawsuits in the near future. Clifford has held a number of leadership roles in the American Bar Association and filed a suit against Volkswagen. “No doubt about it, there will be an MDL [multi-district litigation] here,” said Clifford. An overview done by the Wall Street Journal further confirms that laywers are looking to consolidate the lawsuits against Volkswagon.

Amie Parsons, a real estate agent in Dallas, recently filed lawsuit against Volkswagon. Parsons states that Volkswagon’s dishonesty seriously affects her bottom line as a real estate agent. Her attorney, Charles “Trey” Branham, spoke to a newspaper on her behalf. He stated that his client drives people around everyday for her profession, and [the Volkswagon scandal] causes her a big problem. Branham goes on to say “…it is something that affects real people on a daily basis, and it is a problem for them, not to mention the problem of putting 40 times the legal limit of pollution into the air.”

 

 

Article via ABAJournal, 29 September 2015

Photo: VW Kombi via Long Road Photography [Creative Commons Attribution-NonCommercial-NoDerivs]

AT&T sales reps accused of using malware to unlock phones

September 25, 2015 Astrid Countee Leave a comment Business, Court, Criminal Law, Legal News

A southern California company and former AT&T sales reps are being sued by AT&T Mobility. They are accused of uploading malicious software to unlock phones so that the phones can be used by any wireless network without a contract. It is likely that the sales reps were hoping to exploit the resale market for cell phones.

Lawyers for AT&T Mobility stated that schemes like this are not uncommon. The lawsuit names SwiftUnlocks, as the southern California company referenced above. This is a company that unlocks cell phones for a fee. The lawsuit goes on to describe a scheme that involves the former sales reps profiting from using SwiftUnlocks to unlock phones in milliseconds. It was precisely the act of unlocking many phones so quickly, that drew attention to these sales reps, eventually promoting an investigation.

It is alleged that the former reps earned between $10,000 and $20,000 from Swift Unlocks before tipping off their bosses with their questionable behavior.

Although the suit does not mention criminal fraud, it could still prove expensive for Swift Unlocks and the former sales reps. It is expected that the damages would include lost profit as well as factoring in the revenue that the sales reps made during their alleged scheme.

Article via CNET, 19 September 2015

Photo: This trip to the at&t store is taking longer than I expected via Keith Lam [Creative Commons Attribution-NonCommercial-NoDerivs]

Uber appeals class action status ruling

September 18, 2015 Astrid Countee Leave a comment Business, Court, Legal News, Tech

On Tuesday, Uber requested an appeal to a ruling made earlier this year that determined Uber drivers are employees and not independent contractors. The company has claimed that it is merely an app and not an employer of the nearly 160,000 drivers that are affliated with Uber in the US.

In an effort to defend itself again a class-action suit, uber filed a motion shortly after the ruling which opposes any class action driver suit. The company claims that the few drivers who believe that the Uber should reimburse them for expenses and tips do not represent the majority of drivers who are happy with the relationship that they have with the tech company.

But on September 1, US District Judge Edward Chen approved a class action status for that lawsuit. Uber is currently appealing this ruling in the hopes that the appeal court with reverse the judges order. In a 22 page request for appeal, Uber attorney Ted Boutrous wrote,”The potential ramifications of this closely-watched class-certification order are difficult to overstate.”

Uber has been battling this case since 2013 in an effort to get it thrown out. If the court upholds the Judge’s decision it would mean big changes for Uber. Not only would it have to start paying for expenses, such as vehicle upkeep, but it would also have to pay other costs such as social security, health care, paid time off and overtime.

 

Article via CNET, 15 September 2015

Photo: Taxi Driver/Santiago, Chile via Hotch Chang[Creative Commons Attribution-NonCommercial-NoDerivs]