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Quake in central Japan kills one and hurts over 170
Legal World News | 2007/03/25 02:29

A powerful quake tore into a rural area of coastal central Japan on Sunday, killing at least one person as it toppled aging farmhouses and temples, set off landslides and caused a small tsunami. Some 160 people were injured.

The magnitude 6.9 quake struck at 9:42 a.m. (0042 GMT) off the Noto Peninsula on the Sea of Japan coast. The Meteorological Agency issued a tsunami warning urging an evacuation, but the alert was lifted after a 10-centimeter (6-inch) wave hit the shore, causing no damage.

The temblor was a shock to the region, which had not seen a major quake since 1933.

"The shaking was so violent, I freaked out. All I could do was to duck underneath the desk," said Yukiko Taka, 58, the owner of a traditional lacquerware shop in Wajima, the hardest hit town in Ishikawa prefecture (state). "It was so frightening."

Weaker quakes rattled the region through the day, including a magnitude 5.3 aftershock. No additional damage was reported.

The initial quake knocked down buildings, caused landslides, and cut power, water and transportation lines. The Noto airport was closed, and roads were snarled with residents leaving or concerned Japanese rushing to the area to see relatives.

A 52-year-old woman was crushed to death by a falling stone lantern, officials said, and at least 162 other people were injured, most of them hurt when they fell during the shaking or were hit by falling objects and broken glass.

Local authorities said they were thankful the death toll was so low.

"Perhaps our traditional homes were sturdy enough to survive the quake," said Masayuki Murozuka, an Ishikawa official. "I think it was also fortunate that the quake hit in midmorning so most people were fully awake, perhaps even finished breakfast by then."

Television footage of the quake showed buildings shaking violently for about 30 seconds. After the quake, buildings lay in heaps of rubble, and the windows of shops were shattered. Roof tiles cluttered streets with cracked pavement.

Fear of aftershocks and more landslides caused by the loosening of soil waterlogged by overnight rains continued to plague the quake zone -- and keep residents jittery.

"A fairly big aftershock hit just minutes ago and I jumped out the door," said Tomio Maeda, manager of convenience store Family Mart in Anamizu town. "It's scary, I guess it's not over yet."

In Tokyo, Chief Cabinet Secretary Yasuhisa Shiozaki said officials were doing their best to rescue victims and assess the extent of the damage.

About 30 soldiers had arrived to help with disaster relief, and military aircraft were examining the damage. Some 375 firefighters from seven other prefectures were also dispatched to help, the Fire and Disaster Management Agency said.

The quake also knocked down at least 45 homes in Ishikawa, and partially destroyed another 227, the FDMA said. Most of the injuries and damage were concentrated in Wajima, about 312 kilometers (193 miles) northwest of Tokyo.



Bush to veto vote for withdrawal from Iraq
U.S. Legal News | 2007/03/24 18:48

President Bush accused the Democratic-led Congress of wasting taxpayers‘ time picking fights with the White House instead of resolving disputes over money for U.S. troops and the firings of the U.S. attorneys. He urged them to accept his offer to allow lawmakers to interview his advisers about the dismissal of eight federal prosecutors — but not under oath — and provide documents detailing communications they had about the firings with outside parties.

"Members of Congress now face a choice: whether they will waste time and provoke an unnecessary confrontation, or whether they will join us in working to do the people‘s business," Bush said. "We have many important issues before us. So we need to put partisan politics aside and come together to enact important legislation for the American people."

Democrats said it was time to heed the mandate of their election sweep last November, which gave them control of Congress. Passage marked their most brazen challenge yet to Bush on a war that has killed more than 3,200 troops and lost favor with the American public.

"By choosing to make a political statement and passing a bill they know will never become law, the Democrats in Congress have only delayed the delivery of the vital funds and resources our troops need," Bush said. "The clock is running. The Secretary of Defense has warned that if Congress does not approve the emergency funding for our troops by April 15, our men and women in uniform will face significant disruptions — and so will their families."

Bush said that to get the votes needed to pass the bill, House Democrats included billions of dollars in domestic and pork barrel spending for local congressional districts, including $74 million for peanut storage and $25 million for spinach growers, that has nothing to do with the war.



Russia court orders shutdown of liberal opposition party
Legal World News | 2007/03/24 13:42

The Russian Supreme Court ruled Friday that the Republican Party one of Russia's oldest opposition parties, was too small to be considered a political party under a 2004 Russian law and should be closed down. Republican Party co-Chairman Vladimir Ryzhkov argued that the party was actually larger than the court believed, that it had 58,000 members as opposed to only 50,000 as said in the court decision. Ryzhkov said the Russian Federal Registration Service, which filed the lawsuit challenging the Republican Party's legitimacy, used an inaccurate counting system in determining the party's membership because it excluded people who could not be reached by telephone.

Ryzhkov further said the decision was an attack orchestrated by the party's opposition and an example of the systematic persecution the party had encountered across the country. Ryzhkov said the party will appeal the decision to the Collegium of the Supreme Court, and, if unsuccessful, then to the European Court of Human Rights in Strasbourg.

Also today, prosecutors asked the Moscow Municipal Court to ban the far-right National Bolshevik Party and suspend the party's activities pending a ruling. The party's leaders said the decision was politically motivated.



Hong Kong Election Marks New Ground
Legal World News | 2007/03/24 09:44

Many see the selection of Hong Kong's leader as a farce - the incumbent will almost certainly be picked again Sunday by a committee that usually goes with the choice of China's rulers.

But for the first time since the former British colony returned to Beijing's rule, the election has had a challenger and American-style debates. It also saw the incumbent - veteran civil servant Donald Tsang - promise a specific plan to bring full democracy to China's wealthiest city.

Tsang is expected to coast to re-election by an 800-seat election committee loaded with tycoons, leaders of special interest groups and other elites.

His rival is Alan Leong, a lawmaker and lawyer who believes stable, well-educated Hong Kong is ready for full democracy.

He says Tsang is among those dragging their feet on political reform. Leong insists that when the next leadership vote is held in 2012, Hong Kong should get rid of what's commonly known as the "small-circle election" system and let the public directly elect the winner.

The race also featured the first public debates between leadership candidates. The two men met twice in televised events that yielded spirited argument about a range of issues.

When this former British colony returned to Chinese rule 10 years ago, the Communist leadership in Beijing said Hong Kong could keep its capitalist ways, maintain its civil liberties and be semiautonomous under a "one country, two systems" formula. The city's mini-constitution, or Basic Law, says Hong Kong will eventually gain full democracy, referred to as universal suffrage, but no timeline has been given.



Law Firm Getting Many Submissions For Pet Food
Class Action News | 2007/03/24 05:23

A Madison law firm that filed a class-action lawsuit in the wake of a massive recall over contaminated pet food said it has been getting many submissions. Progressive Law Group, LLC, filed a class-action lawsuit earlier this week. The firm said that it's getting 20 to 30 submissions on their Web site every hour and that they are now working with attorneys across the country in the handling of the case.

"The stories are so tragic our staff numbers are sorting out the information and they actually broke into tears," said Frank Jablonski, an attorney with Progressive Law Group, LLC. "This is an enormous mess-up by these companies and the amount of tragedies by these companies is huge and terrible."

Meanwhile, the company at the center of the recall is speaking out for the first time since the recall.

"Our hearts go out to the thousands of pet owners across Canada and the United States for their losses and their worries," said Paul Henderson, president and CEO of Menu Foods.

The company said it is grateful that investigators have finally pinpointed a cause. Investigators said that rat poison contaminated the pet food.

The manufacturer said it will take responsibility for veterinary costs linked to the tainted food.

As of Friday, the contaminated pet food has been blamed for at least 17 animal deaths. That number represents the confirmed cases, so the number of deaths could increase much more, WISC-TV reported.

Scientists said the Menu Foods brand of wet and gravy style food was contaminated by rat poison, but they don't know how the poison got into the food.

For information on the pet food lawsuit, visit ProgressiveLaw.com



Biovail fires law firm hedge-fund case
Headline News | 2007/03/24 05:20

Canadian drug company Biovail Corp. has fired Kasowitz Benson Torres & Friedman LLP, the law firm that engineered the company's high-profile lawsuit that claimed hedge funds and research analysts colluded to depress its stock price.

Kasowitz Benson, which is based in New York, is embroiled in a legal controversy over whether it willfully violated a protective order when it used information subpoenaed from Banc of America Securities in a shareholder suit in New York Federal court. That information was used to draft Biovail's February 2006 complaint against SAC Capital Management LLC, Sigma Capital Management LLC, Gradient Analytics Inc., Gerson Lehrman Group, former Banc of America Securities analyst David Maris and others.

Judge Richard Owen presides over the shareholder suit filed against Biovail in 2003. For the last month, Owen has been presiding over hearings to probe the violation of the protective order. Those hearings are scheduled to resume in early April.

Biovail's public relations firm Sitrick & Co. said in an e-mail statement that the company terminated Kasowitz Benson because of "issues arising from proceedings before Judge Owen." Biovail said it "maintains confidence in its pending lawsuits."

A spokesman for Kasowitz Benson had no comment.

A lawyer defending Kasowitz Benson during the hearings in front of Owen earlier this week disclosed documents against Biovail's will. The lawyer argued in court that Kasowitz Benson had a right to disclose the information because the firm was being accused of wrongful conduct.

"We have asked Biovail to come forward and clarify the record. They have declined to do so to date," said John Siffert of Lankler Siffert & Whohl LLP. "We are not saying that Biovail had an appreciation for the protective order barring what we did anymore than we did, but at least they knew about the protective order and didn't tell us," Siffert said.

Evidence introduced in court shows that Kasowitz Benson lawyers continued to use and share material obtained from Banc of America after they were told about a March 2005 court order preventing its use in other venues.

According to evidence that came up during hearings in front of Owen, Kasowitz Benson drafted and circulated to several law firms a shareholder complaint that was later filed against SAC and others in New Jersey federal court. That complaint closely mirrors the one filed by Biovail against the same defendants a month earlier and uses some of the same information obtained from Banc of America.

Lawyers representing shareholders suing Biovail in New York federal court argued in a letter sent to Judge Owen last week that Biovail's lawyers drafted and caused the filing of the New Jersey shareholder complaint to hamper class certification in New York.

Kasowitz Benson also represents Fairfax Financial Holdings, a Canadian insurer who sued some of the same defendants and alleges a similar conspiracy to depress its stock.

Last June, Kasowitz Benson partner Marc Kasowitz testified in front of a Senate hearing about hedge funds, alleging that supposedly "independent" research reports are routinely bought and paid for by short-selling hedge funds, and warned lawmakers that "the potential for gross fraud and abuse is stunning."



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