From: newswire-html@lists.law.com
To: newswire-html@lists.law.com
Date: 2001-06-07 22:20:00+00:00
Subject: Today's Legal News, June 8, 2001

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 June 8, 2001 	?


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

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

 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 
Inc. gives Tyson the right to void the $4.7 billion deal, the poultry giant 
argues in the final set of briefs filed following a nine-day trial. In the 
brief filed with the Delaware Court of Chancery, Tyson contends it has the 
right to terminate the merger regardless of whether it knew of IBP's alleged 
violations before signing the contract. 
Full Text 

 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 land 
claim mess, a federal judge in New York has barred an upstate city and county 
from collecting property taxes levied against the Oneida Nation. The judge 
held that under the 207-year-old Treaty of Canandaigua, the land at issue in 
Madison and Oneida counties is "Indian Country" and, as such, is immune from 
property taxes. 
Full Text 

 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 
verdicts in six months -- ExxonMobil vows it will not change its approach to 
litigation. Its llegal strategies "will continue to be dependent on the facts 
and circumstances of each case," the company said. Most recently, the oil 
giant was stung by a $1.06 billion award in Louisiana over alleged 
radioactive contamination of a plot of land owned by a retired state judge. 
Full Text 

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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 
majority leader, Sen. Tom Daschle, D-S.D., moved to build momentum behind 
legislation to prohibit employers and insurance companies from using people's 
DNA to discriminate in hiring, promotions or health care coverage. 
Full Text 



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

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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. 
Circuit Court of Appeals is sending a message to trial judges: show your 
work. The two unpublished opinions are full of important holdings on a 
variety of thorny issues such as what to do about excessive charges for 
faxing and copying, and how to calculate hourly fees for lawyers, paralegals 
and associates. 
Visit the Litigation Practice Center 

 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 
Emusic.com Inc. wasn't necessarily everything he hoped it would be. So after 
20 months he returned to the fold at his old firm, Gray Cary Ware & 
Freidenrich. But for most out-of-work in-house lawyers these days, returning 
to the firm fold is proving difficult, if not impossible. 
Full Text 



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


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