Today's Legal News, June 8, 2001

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June 8, 2001 =09?

Plea Deal Betrayed in D.C. Assault Case
Legal Times
Lorenzo Roye, charged with assault with intent to kill and facing a life=20
sentence, thought he had a good deal: In exchange for a guilty plea on=20
aggravated assault, the U.S. Attorney's Office would drop the attempted=20
murder count and recommend a sentence of time served, plus probation. But=
=20
during sentencing, neither the prosecutor, defense counsel, nor the judge=
=20
remembered the agreement. Now the D.C. Court of Appeals says he got a raw=
=20
deal.=20
Full Text=20

Federal Judge Tosses Out Class Action Over Credit Card's Claim of 'Fixed'=
=20
Rate
The Legal Intelligencer
A federal judge in Philadelphia dismissed a claim under the Truth in Lendin=
g=20
Act in a class action suit in which the plaintiff claimed she was falsely=
=20
promised a "fixed" rate of 7.99 percent only to see it raised to 10.5 perce=
nt=20
a year later. The judge found that the TILA has a narrow scope and requires=
=20
only that banks disclose all of the terms that will apply to credit card=20
holders on the day they receive the card.=20
Full Text=20

IBP's Failure to Meet Merger Terms Voids Deal, Argues Tyson
The Deal
IBP Inc.'s failure to abide by terms of a merger agreement with Tyson Foods=
=20
Inc. gives Tyson the right to void the $4.7 billion deal, the poultry giant=
=20
argues in the final set of briefs filed following a nine-day trial. In the=
=20
brief filed with the Delaware Court of Chancery, Tyson contends it has the=
=20
right to terminate the merger regardless of whether it knew of IBP's allege=
d=20
violations before signing the contract.=20
Full Text=20

Federal Judge Rules for Tribe in New York Tax Dispute
New York Law Journal
Expressing frustration that the judiciary is left to clean up the Indian la=
nd=20
claim mess, a federal judge in New York has barred an upstate city and coun=
ty=20
from collecting property taxes levied against the Oneida Nation. The judge=
=20
held that under the 207-year-old Treaty of Canandaigua, the land at issue i=
n=20
Madison and Oneida counties is "Indian Country" and, as such, is immune fro=
m=20
property taxes.=20
Full Text=20

Exxon Gets Hit by Another Jury, This Time for $1 Billion
The National Law Journal
Despite a string of courtroom defeats -- including three massive jury=20
verdicts in six months -- ExxonMobil vows it will not change its approach t=
o=20
litigation. Its llegal strategies "will continue to be dependent on the fac=
ts=20
and circumstances of each case," the company said. Most recently, the oil=
=20
giant was stung by a $1.06 billion award in Louisiana over alleged=20
radioactive contamination of a plot of land owned by a retired state judge.=
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Full Text=20

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Lawmakers Argue for Protection Against Genetic Discrimination
The Associated Press
In his first appearance promoting a specific bill since becoming Senate=20
majority leader, Sen. Tom Daschle, D-S.D., moved to build momentum behind=
=20
legislation to prohibit employers and insurance companies from using people=
's=20
DNA to discriminate in hiring, promotions or health care coverage.=20
Full Text=20

La Vida Lawyer: Breaking Away
law.com
As the California AIDS Ride wraps up this week in Los Angeles, Sarah Kowals=
ki=20
and J. Dominic Campodonico will have accomplished what few associates have=
=20
even attempted: six months of intense training on top of a demanding law fi=
rm=20
schedule and then riding 575 miles along the hilly California coast. Also i=
n=20
this week's La Vida Lawyer, tips for summer associates on where to wine and=
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dine in New York and Philadelphia.=20
Visit La Vida Lawyer=20

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3rd Circuit Gives Lessons on Attorneys' Fees
The Legal Intelligencer
Reversing awards of attorneys' fees in two discrimination cases, the 3rd U.=
S.=20
Circuit Court of Appeals is sending a message to trial judges: show your=20
work. The two unpublished opinions are full of important holdings on a=20
variety of thorny issues such as what to do about excessive charges for=20
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You Can't Go Home Again
The Recorder
Peter Astiz is one of the lucky few. His dot-com job as the top lawyer at=
=20
Emusic.com Inc. wasn't necessarily everything he hoped it would be. So afte=
r=20
20 months he returned to the fold at his old firm, Gray Cary Ware &=20
Freidenrich. But for most out-of-work in-house lawyers these days, returnin=
g=20
to the firm fold is proving difficult, if not impossible.=20
Full Text=20

Napster Adds More Legal Firepower
The Industry Standard
For the latest member of its all-star legal defense team, embattled song-sw=
ap=20
service Napster has tapped Jonathan Schwartz, a former deputy to former U.S=
.=20
Attorney General Janet Reno who cut his teeth battling independent counsel=
=20
Kenneth Starr. Schwartz joins Napster as general counsel, reporting to=20
interim CEO Hank Barry.=20
Full Text
Visit the Tech Law Practice Center=20

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