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Toyota class action suit to start with Utah case
Court Watch | 2011/06/25 05:41
The first lawsuit to go to trial in a massive class action against Toyota Motor Corp. over acceleration problems that led the company to recall 14 million cars will involve a crash that killed two people in western Utah, a federal judge said Friday.

U.S. District Judge James Selna told attorneys the case of 38-year-old Charlene Jones Lloyd and 66-year-old Paul Van Alfen, whose Toyota Camry slammed into a wall in Utah in 2010, is scheduled to go to trial in February 2013.

The case - Van Alfen v. Toyota Motor Sales, U.S.A., Inc. - will be the first of several bellwether lawsuits, intended to determine how the rest of the litigation will proceed.

Selna wrote in a tentative order that he hoped the selection would "markedly advance these proceedings."

"The Court believes that selection of a personal injury/wrongful death case is most likely the type of case to meet that goal," Selna said.

Toyota said it welcomes the Utah case as the first suit to reach court.

"We are pleased that the initial bellwether will address plaintiffs' central allegation of an unnamed, unproven defect in Toyota vehicles, as every claim in the multi-district litigation rests upon this pivotal technical issue," the company said in a statement.

Toyota has previously argued the plaintiffs have been unable to prove that a design defect in its electronic throttle control system is responsible for vehicles surging unexpectedly. It has instead blamed driver error, faulty floor mats and sticky accelerator pedals.


N.Y. governor signs gay marriage into law
Legal Network | 2011/06/25 05:40
Gov. Andrew Cuomo has signed New York's gay marriage bill, starting what is expected to be a crush of gay weddings starting in 30 days.

The Democratic governor signed the measure shortly before midnight Friday, following up on a promise to put his name on the legislation as soon as he received it rather than wait the usual 10 days to sign it for it to become law.

New York lawmakers narrowly voted to legalize same-sex marriage, handing activists a breakthrough victory in the state where the gay rights movement was born.

New York will become the sixth state where gay couples can wed and the biggest by far.

“We are leaders and we join other proud states that recognize our families and the battle will now go on in other states,” said Sen. Thomas Duane, a Democrat.

Gay rights advocates are hoping the vote will galvanize the movement around the country and help it regain momentum after an almost identical bill was defeated here in 2009 and similar measures failed in 2010 in New Jersey and this year in Maryland and Rhode Island.


Ex-Delaware pediatrician guilty of child sex abuse
Topics | 2011/06/23 18:39
A former Delaware pediatrician who decorated his office with Disney characters and miniature amusement park rides was found guilty Thursday of sexually abusing scores of his young patients.

Earl Bradley, 58, recorded homemade videos of the abuse, said prosecutors, who presented the judge with more than 13 hours of videos showing sex crimes against more than 80 victims, most of whom were toddlers.

Superior Court Judge William Carpenter Jr. announced the verdict in business-like fashion, avoiding any personal remarks about Bradley. An indictment against Bradley initially contained 470 counts, but attorneys agreed before the trial to consolidate them into 24 counts.

Bradley was found guilty on 14 counts of first-degree rape and five counts each of second-degree assault and sexual exploitation of a child.

Bradley, who will be sentenced on Aug. 26, faces up to life in prison on each rape charge.

He showed no reaction when the verdict was announced, but some of the spectators cried.

Carpenter presided over a one-day trial in which prosecutors called two witnesses and presented the judge with an external hard drive containing the videos, recorded from December 1998 to Dec. 13, 2009. Bradley was arrested after a 2-year-old girl told her mother the doctor hurt her after an office visit, an accusation that came just days before the last video was recorded.

In a footnote to his verdict, the judge wrote that he was unable to discern the video activity for one alleged victim and there was no video for another.


Court documents shed light on Bulger travels
Court Issues | 2011/06/23 05:39
Newly-unsealed court documents detail some of the early travels of James "Whitey" Bulger and his longtime girlfriend Catherine Greig following Bulger's 1995 indictment.

In an affidavit dated April 25, 1997, then-FBI Special Agent Charles Gianturco writes that Bulger and Greig spent time in New York on Long Island and in Grand Isle, La., in 1995 and 1996.

According to the affidavit, Bulger and Greig checked into a hotel under the names "Mr. and Mrs. Tom Baxter" in the fall of 1995, and that Bulger had also used that name when he befriended a man in neighboring Selden told him he was a merchant seaman.

The criminal complaint against Grieg was unsealed Thursday in Boston following the arrests of Bulger and Grieg in Santa Monica, Calif. It charges Greig with harboring and concealing Bulger.


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