<%@LANGUAGE="JAVASCRIPT" CODEPAGE="1252"%> Faulkner Law Offices - Bakersfield Personal Injury Lawyer, California - Current Legal News
Home
Firm OverviewAttorney ProfilesPersonal Injury OverviewResource LinksContact Us

Auto and Motorcycle Accidents

Farm Accidents

Oilfield Accidents

Premises Liability

Products Liability

Road Design Defects

SUV Rollovers

Trucking Accidents

Wrongful Death

Criminal Defense

Current Legal News

News


IF YOU OR SOMEONE YOU KNOW
HAS BEEN INJURED IN AN ACCIDENT,
YOU NEED FAULKNER LAW OFFICES

WE CARE ABOUT YOU AND YOUR FAMILY

661-327-0601
877-208-4740

Download our Free
Accident Information Card

Current Legal News

If you want to find the current traffic or weather conditions for the Bakersfield and Kern County areas, click on the California Highway Patrol Traffic Incident Page or contact the California Department of Transportation for a recording on the phone at 1-800-427-7623. The Department of Transportation also has a web site where you can type in the highway for current information.

Justice Department exonerates BPD
Investigation reveals 'no constitutional issues'
A 41/2-year federal investigation has cleared the Bakersfield Police Department of any wrongdoing after people complained about officers using excessive force and racial profiling. "There were no constitutional issues," Police Chief Bill Rector said Wednesday at a press conference. "I repeat that, no constitutional issues." The U.S. Department of Justice said in a written statement, "we are pleased that our concerns have been appropriately addressed and the matter is now closed." The Department of Justice began investigating the police department in 2003 after it received complaints of BPD's use of deadly and non-deadly force and allegations of discriminatory policing practices, according to BPD Sgt. Greg Terry. The Justice Department did not reveal details of the complaints to the police department. From August 2002 to August 2003, there were 47 complaints against Bakersfield police officers and six were related to race. Police found four had merit, none related to race. Bakersfield attorney Kathleen Faulkner said reports of racial profiling by the police department were rampant at that time.
BY FELIX DOLIGOSA JR., Californian staff writer e-mail: fdoligosa@bakersfield.com | Wednesday, Jan 30 2008 10:05 PM

Fatal hit and run in south Bakersfield
One person was killed in a 4-vehicle hit-and-run crash in south Bakersfield on Friday morning. The crash happened at 8:18 a.m. when an SUV traveling south on Akers Road smashed into a car near the road’s intersection with Panama Lane and overturned, Bakersfield police Sgt. Greg Terry said. Two pickups were also hit. The car was destroyed and the driver, the only occupant, was dead at the scene, Terry said. The driver of the SUV ran from his vehicle. The man was described as either Hispanic or white, in his early 20s, with dark hair, dark pants and a dark sweatshirt or sweater with white lettering, Terry said. He may be suffering from an injury over his eyes. Both pickups sustained damage and the driver of one of the pickups was taken to Mercy Hospital for treatment of minor injuries. Terry said they were interviewed and officers from the BPD’s traffic division were reconstructing the crash. It’s unknown why the SUV’s driver ran from the scene.
BY JASON KOTOWSKI, Californian staff writer e-mail: jkotowski@bakersfield | Friday, Jan 25 2008 9:57 AM Last Updated: Friday, Jan 25 2008 11:18 AM

Grapevine reopened briefly, then snow shut it down again
Thanks to a brief lull in precipitation, the southbound Golden State (5) Freeway at the Grapevine was reopened briefly today, but falling snow quickly forced officials to shut down the highway again. Caltrans reported at 1:30 p.m. that the southbound lanes had been reopened, with motorists being escorted through the area by California Highway Patrol officers. But 40 minutes later, the agency said falling snow had again forced the road's closure. The Grapevine was first shut down at Parker Road at about 5 p.m. yesterday as snow blanketed the area. All of the vehicles that had been stranded on the freeway have been removed from the area -- either under their own power or by tow truck if they were not equipped with chains, Caltrans reported.
Crews manning seven snowplows and two graders were working in the area to clear snow and ice from the roadway, and chemical de-icing agents and sand were being applied to accelerate the effort. Caltrans officials said that with the vehicles removed from the area, the work was moving faster. Caltrans officials said it was unclear how long the freeway would remain closed. Forecasters said another storm was bearing down on the area. Between two and four inches of snow was expected to fall today in the area of the Grapevine, said National Weather Service Meteorologist Curt Kaplan. "That area will continue to get snow showers throughout today with a slight chance of thunderstorms," Kaplan said. "The mountains will get an additional five to nine inches of snow overnight right in the Gorman area," he added. "It will be a mix of snow and sleet."
The snow showers are expected to last through the weekend, ending early next week, Kaplan added. The NWS said the snow level will be around 3,000 feet this morning, rising to between 3,500 and 4,000 feet later in the day and 4,500 feet tomorrow in the mountains of Los Angeles County, with the exception of the Santa Monicas. Snow accumulation tomorrow will average one to two feet above the 4,500- foot level amid gusty south-to-southwest winds, and blowing snow will reduce visibility to near zero, according to the NWS. Today's precipitation was the product of a moist southern flow caused by a cold upper level low-pressure system spinning off the Central California coast.
In much of the Greater Los Angeles area, showers and a slight chance of thunderstorms were possible this afternoon. The rain will become more widespread and increase in intensity late today and tonight as the southern end of the upper low moves onshore, forecasters said. Then, an even stronger upper low will drop southward through the Eastern Pacific tonight and remain for a time well off the Central California coast, according to the NWS. Strong moist onshore flow ahead of this system will ensure that the Southland will experience periods of rain and isolated thunderstorms tomorrow. A flash flood watch will remain in effect in the burn areas until tomorrow afternoon, and a winter storm warning will remain in force until 10 p.m. tomorrow. All across the area, the roads remained treacherous.
Between midnight and 8 a.m., there were about 125 accidents on Los Angeles County freeways, compared with about 40 crashes for the same time period a week ago, when it wasn't raining, said California HP Officer Francisco Villalobos. The most serious accident occurred shortly before 1 a.m., when a man was killed and three other people were injured in a multi-vehicle crash on the southbound Hollywood (101) Freeway at Melrose Avenue near Hollywood. One of the motorists was arrested on suspicion of driving under the influence, according to the CHP. Around 4:45 a.m., a pickup truck overturned in a multi-vehicle crash on the northbound Antelope Valley (14) Freeway north of Pearblossom Highway in the Palmdale area, resulting in some minor injuries and blocking three northbound lanes for two hours, according to the CHP.
The Dailybreeze.com 01/24/2008

Storm Brings Snow to Southern California
A powerful storm dumped snow and rain as it moved across California on Wednesday, shutting down a major interstate highway and prompting flood watches in areas scarred by wildfires. California Highway Patrol officers escorted vehicles out of Tejon Pass as traffic was halted in both directions along Interstate 5 north of Los Angeles, a dispatcher said. Raw Video "There are abandoned cars everywhere," said Wendy Gardner, a manager at Madd Bailey's Pub in Pine Mountain Club, where as much as 10 inches of snow fell. "We got hit around 2:30 in the morning, and it hasn't stopped." Nearly a foot of snow was reported at the ranch community of Lockwood Valley in Los Padres National Forest, northwest of Los Angeles, the National Weather Service said. Along the coast, a record 4.14 inches of rain was recorded at the Santa Barbara airport, topping the date's old mark of 2.45 inches set in 1943. More than 2 1/4 inches fell at the San Luis Obispo airport. Flash flood watches were issued for areas of Santa Barbara, Ventura and Los Angeles counties. A flood warning was posted for the Malibu areas burned by recent wildfires. The unstable atmosphere brought the threat of thunderstorms, which in the past have led to dangerous debris flows in and below burn areas, the Weather Service said.
By DAISY NGUYEN,AP News Service 1/24/2008

Fog spurs 20-vehicle pileup at I-5, Highway 166
An estimated 20-car pileup in heavy fog on the Highway 166 offramp from Interstate 5 injured more than 10 people and closed the roadway for three hours Friday morning. More video from Bakersfield.com: Photos: Photo by Alex Horvath A 20-car pileup in heavy fog on the Highway 166 offramp from Interstate 5 injured more than 10 people. Photo by Alex Horvath Rescue workers were forced to use heavy equipment to cut victims out of at least three vehicles and the injured were being laid on boards while they waited for ground ambulances to arrive. Graphics: PDF: Tips for driving in the fog Links: Sign up for fog alerts on your cell phone The accident happened when a big rig, coming off Interstate 5 onto eastbound Highway 166 at 8:15 a.m. was hit by a car, California Highway Patrol Lt. Doyle Green said. That crash trigged a series of other crashes across the Highway 166 bridge over I-5, resulting in minor to moderate injuries.
The roadway reopened at 11:19 a.m. Rescue workers were forced to use heavy equipment to cut victims out of at least three vehicles and the injured were being laid on boards while they waited for ambulances to arrive shortly after the crash. Helicopters weren’t sent to the scene because of the fog, according to CHP officials in Fresno. Mark Corum, director of public and media relations for Hall Ambulance, said seven ambulances and a field paramedic supervisor were deployed. Thirteen people were treated and 11 of those were taken to area hospitals, four with moderate and seven with minor injuries. It took less than 90 minutes to transport all of the victims, Corum said. Most vehicles involved in the pile-up had been towed by 10:30 a.m. Low visibility caused by the fog contributed to the crashes, Green said. He urged motorists to slow down when there’s fog on the roadway. “If you could stay home until it clears, that would be even better,” Green said.
by JAMES BURGER and JASON KOTOWSKI, Californian staff writers e-mail: jburger@bakersfield.com, jkotowski@bakersfield.com | Friday, Jan 11 2008 9:44 AM Last Updated: Friday, Jan 11 2008 1:45 PM

Consumer group rips insurance industry
Claim: Companies overcharge an average of $870 per U.S. household
U.S. insurance companies systematically overcharge customers and underpay home and auto claims to pad their already-fat bottom lines, a consumer group said Thursday. The Consumer Federation of America's insurance director, J. Robert Hunter, said insurance companies have enjoyed robust profits and contained losses largely by "methodically overcharging consumers, cutting back on coverage, underpaying claims and getting taxpayers to pick up some of the tab for risks the insurers should cover." Hunter's comments came with the release of a study by Consumer Federation, Consumers Union and several other consumer organizations that said the industry's overcharges reached an average $870 per U.S. household over the last four years.
Associate Press, January 10, 2008

Aetna to End Payment for a Drug in Colonoscopies
Aetna, one of the nation's largest private health plan managers, is the latest insurer to clamp down on the use of a powerful anesthetic during an increasingly common form of colon cancer screening.
The company will send a letter to doctors on Friday, saying that it plans to classify the drug as "medically unnecessary" for most such procedures. As of April 1, Aetna plans to stop paying for its use in those cases.
The change by Aetna covers about 16.6 million members and comes on the heels of similar moves last year by WellPoint and six months ago by Humana. Other insurers say they have no plans to follow their lead, including UnitedHealthcare, which has 26 million members. Medicare leaves coverage up to local insurers that administer its plans, most of which cover the anesthetic, propofol, only in high-risk cases.
Critics say Aetna's decision would be a step backward in the battle against cancer of the colon and rectum, which trails only lung and prostate cancer as a cause of cancer death among Americans, according to the federal Centers for Disease Control. The anesthetic eliminates the discomfort of undergoing a colonoscopy, a procedure in which doctors explore the lower intestine to identify - and if necessary remove - developing tumors before they become dangerous.
New York Times, By BARNABY J. FEDER, December 28, 2007

Insurer Refused Coverage for Teen's Transplant
A grieving mother is blaming her insurance company for the death of her daughter who was struggling with leukemia. CIGNA Healthcare refused to pay for a liver transplant for the 17-year old despite urging by the girl's doctors that the transplant was necessary to save her life. Amid protests, CIGNA reversed its decision hours before the girl's death.
AP, Boston Globe 12/21/2007

Allstate won't produce records despite $25,000-a-day fine
Despite drawing a $25,000-a-day fine since September and an order from the Missouri Supreme Court, Allstate Insurance Co. continues to refuse to turn over documents that allegedly show a company plan to reap huge profits by shortchanging customers. According to plaintiff attorneys, the so-called McKinsey documents outline how the insurer developed a draconian claims payment system during the 1990s. Allstate contends that the documents should not be made public because they contain company trade secrets.
Joe Lambe, Kansas City Star 12/18/2007

Drivers warned of auto thefts
Teresa Johnson Fitzpatrick's purse always gets in the way when she visits her chiropractor. She decided to leave it in her Chevy Trailblazer Wednesday afternoon at a parking lot in the 4000 block of Stockdale Highway as she went in for a 30-minute appointment. One broken driver's side window later, Fitzpatrick's purse containing credit cards, checkbooks and about $500 in donations for her husband's kidney transplant were stolen. "It happens that fast," Fitzpatrick said about how quickly a suspect broke into her SUV and stole her purse. The Kern County Sheriff's Department is asking motorists to take precautions with their vehicles because auto thefts and break-ins typically increase during the holiday season, according to a news release by the Sheriff's Department.


Safeguard your vehicle

  • Never leave your car running unattended even to dash into a business, store, etc.
  • Never leave your car running to warm it up, even if you lock the doors while it is running.
  • Always roll up your windows and lock the car, even if it is parked in front of your home.
  • Never leave valuables in plain view, even if your car is locked. Put them in the trunk, out of sight.
  • Always park in high-traffic or well-lit areas when possible.
  • Install a mechanical device that locks the steering wheel. This will deter some criminals.
  • Never leave personal identification documents, vehicle ownership papers or credit cards in your vehicle.
  • Set your emergency brake. This may slow the thief down.
  • Never leave a spare set of keys in your vehicle. A thief knows how to find them.
  • If your vehicle is stolen, report it to law enforcement immediately.

For more information on auto thefts and break-ins, contact the Kern County Sheriff's Department Crime Prevention Unit at 391-7559. Click here for the full article.
BY FELIX DOLIGOSA JR., Bakersfield Californian staff writer e-mail: fdoligosa@bakersfield.com | Thursday, Dec 13 2007 10:25 PM

 

Bush League Justice: The Case of Don Siegelman
This video clip from Bush League Justice explores the politicization of the Justice Department by the Bush Administration. This particular case was located in Alabama involving the influence by Karl Rove of the Department of Justice to secure the conviction of Democratic political rival Don Seigelman. Law professor and Harper’s contributer Scott Horton, who has been following Siegelman’s case, calls him literally The Man In The Iron MaskRep. Artur Davis (D-AL) and Horton paint a horrifying picture of depraved partisanship and corruption where nothing is off limits, not even unfairly jailing your opponent.

DNA Test Clears Man After 27 Years
A man enjoyed freedom Tuesday after a DNA test proved he did not commit a 1979 rape. John Jerome White, 48, left Macon State Prison on Monday evening. "I'm just thankful that this is behind me," White said at a news conference Tuesday morning with the Georgia Innocence Project, which had worked to free him. "When I first started out, I wondered why this happened to me," he said, breaking into tears. "I just saw it as something that had to happen because I wasn't living a moral life." The investigation led to the arrest Tuesday of James Edward Parham, 54, of Manchester, who was on the state's Sex Offender Registry for a 1985 rape conviction, Georgia Bureau of Investigation spokesman John Bankhead said. He was being held in the Meriwether County jail on charges of rape, aggravated assault, burglary and robbery.
DORIE TURNER, Associated Press Writer Tuesday, December 11, 2007

Kern prosecutor charged with battery, public intoxication
Andrea Kohler, husband plead not guilty in court
A Kern County prosecutor and her lawyer husband were charged Thursday with six misdemeanor counts of battery and public intoxication related to their arrest at a casino in Santa Barbara County Oct. 20. One count included battery charges against a Kern law enforcement officer attending the same event. Andrea Kohler, 43, through her attorney pleaded not guilty to three counts of battery and one count of public intoxication Thursday morning at a Santa Maria courthouse.
Kohler is best known for helping try the Bruce Sons murder case last year -- in the same courthouse her own case is now being processed. Gregory Kohler, 47, through the same lawyer, pleaded not guilty to two counts of battery and one of public intoxication. In one count, Mr. Kohler is charged with biting a casino guard. One battery count was a joint charge, making six misdemeanor counts in all.
The Kohlers' lawyer, Greg Mitts, said Thursday he had just picked up a significant amount of background information from prosecutors, including audio and video, and was not yet familiar enough with it to comment. Mitts said he still believes casino guards were overly aggressive, as he has previously stated. Gene Martinez, chief assistant district attorney for Santa Barbara's north county division, is handling the case for the office of that county's district attorney, Christie Stanley. Martinez said he could not comment on the case beyond the scope of legal filings. The incident took place at the Chumash Casino Resort in Santa Ynez, where the Kohlers were celebrating with other Kern prosecutors after the wedding of a colleague. Kern County District Attorney Ed Jagels was out of town Thursday, his secretary said. He did not immediately return a message asking for comment.
BY GRETCHEN WENNER, Californian staff writer
e-mail: gwenner@bakersfield.com | Thursday, Dec 6 2007 8:20 PM

Suspect arrested after police pursuit
A 53-year-old man tried grabbing an officer's gun and fought with police after leading them on a chase in southwest Bakersfield. Elliot Hardamon Jr., of Bakersfield, was arrested on suspicion of driving under the influence, evading an officer, violently resisting an officer, trying to disarm a peace officer, carrying a loaded gun in a vehicle, carrying a loaded gun in public and possession of an unregistered gun, a BPD news release said. He was taken to Kern Medical Center for medical clearance and was booked into the Kern County Jail.
The Bakersfield Californian | Friday, Dec 7 2007 11:33 AM

Wal-Mart Wants Suit Axed
Wal-Mart is asking a federal judge to dismiss a lawsuit brought by a Tampa man who accuses the company of benefiting from life insurance policies it took out on his late wife and thousands of other rank-and-file employees. U.S. District Judge James Moody has scheduled a hearing for today over whether to dismiss the suit by Richard Armatrout, whose attorney hopes to make the case a class-action on behalf of survivors of all Florida Wal-Mart employees who died when insured under the policies. Texas lawyer Michael D. Myers says Armatrout was one of about 350,000 employees Wal-Mart secretly insured nationwide. Myers estimated Wal-Mart collected on 75 to 100 policies involving Florida employees who died. Myers said the policy payouts ranged from $50,000 to $80,000, depending on the person's age and gender. They were taken out on all full-time Wal-Mart employees who in December 1993 were ages 18 to 70 and participated in the medical benefits plan.
ELAINE SILVESTRINI, The Tampa Tribune, 12/6/2007

Lawsuit aims to cut ER fees
UNINSURED PATIENTS PAY MORE THAN INSURED AT MANY HOSPITALS
The lawyers who last year forced two hospital corporations to stop charging uninsured patients exorbitant prices for medical care are now taking on California's largest group of emergency room doctors. A class-action lawsuit filed this week on behalf of two Contra Costa County women claims the doctors charged the women "unfair, unreasonable and inflated" prices - and ruined their credit to boot. The lawsuit, filed in Alameda County Superior Court, could affect the amount emergency room doctors bill uninsured patients at 55 hospitals in California, including three in San Jose. "This is an issue we've heard lots of complaints about," said Anthony Wright of Health Access, a Sacramento-based advocacy group.
Mercurynews.com 12/06/2007 01:34:41 AM PST

Insurers win key Katrina flood ruling
Allstate Corp. and other insurers won their latest battle over Hurricane Katrina damages as a U.S. appeals court in Louisiana on Thursday ruled against policyholders seeking to recover disaster-related flood damages. The court ruled that homeowners' insurance policies weren't entitled to damages caused by levee breaches that flooded New Orleans during the 2005 disaster. Significant damage occurred when levees along three major canals ruptured. At one point, about 80 percent of the city was underwater.
Becky Yerak, Chicago Tribune, Aug 3, 2007

Parking lot patrol park in handicap parking spaces
Security guards at the Vallarta Market in east Bakersfield parked their golf cart in the striped area designed to give people with wheelchair ramps enough room to get in and out of their cars. When Billy confronted the guards, they told him to turn off the camera. "The security guard came to me and basically was telling me that it's private property, I'm not allowed to film on their private property that he was going to call the police on me and that I had to leave," said Olson.
KBAK Channel 29 Aug. 3, 2007

Shooting suspect caught after chase
A Bakersfield shooting suspect was taken into custody Thursday after a high-speed chase on Rosedale Highway. Seth Edwards, 29, was booked into the Central Receiving Facility on suspicion of possession of a loaded gun, evading and resisting arrest and a parole violation, according to a Kern County Sheriff's Department news release. An off-duty sheriff's sergeant was returning home from SWAT training at 10:20 p.m. when he saw a gray El Camino parked in a lot at Rosedale Highway and Allen Road, the news release said. The sergeant recognized the vehicle from a prior broadcast and knew the driver, Edwards, was wanted by the Bakersfield Police Department for a July 22 shooting, as well as a robbery that had occurred in Sacramento and for a parole violation. When the sergeant approached the car, Edwards drove off and a pursuit followed that reached speeds of more than 80 mph, the news release said. Edwards crashed into a light pole near Verdugo Lane and ran from the car with a gun in his hand. Responding deputies chased him and caught him in a residential neighborhood a short distance away, the news release said. The gun was no longer visible and Edwards fought with deputies as they took him into custody. The handgun was later found a short distance from the crash site in a parking lot that Edwards had run through, according to the news release.
The Bakersfield Californian Friday, Aug 3 2007

County drops lawsuit against former sheriff
The County decides to drop its lawsuit against former Sheriff Carl Sparks despite the Fifth District Court of Appeals ruling in their in favor. The ruling found that Sparks did not have the authority to give seven Sheriff's Commanders extra pay and that only elected county supervisors had the authority to do so. The appeals court also ruled that former Sheriff Sparks "knowingly" presented false claims to the county, which included premium pay to the Sheriff's commanders.
The County will not proceed with the False Claims Act, because the Board of Supervisors had already voted to dismiss the action citing the Court of Appeals ruling establishes the precedent throughout California trial courts. The County sued Sparks in October 2004 for violating the False Claims Act and misrepresentation for falsely certifying payrolls containing extra pay for Sheriff's Commanders that the Board of Supervisors did not authorize. Former Sheriff Sparks still has a Superior Court action pending against the County to recover more than $200,000 in attorney's fees he claims he incurred. The County plans to fight the claim.
High Quality Video Available from Channel 29 Eye Witness News
KBAK Channel 29 Jun 8, 2007 at 1:21 PM CDT

No confidence vote coming Monday
The Senate plans to take up a no-confidence vote against Attorney General Alberto Gonzales on Monday, a sponsor of the measure announced Friday. "If all senators who have actually lost confidence in Attorney General Gonzales voted their conscience, this vote would be unanimous," Sen. Chuck Schumer, D-N.Y., said in a statement announcing the vote. "However, the President will certainly exert pressure to support the Attorney General, his longtime friend. We will soon see where people's loyalties lie."
RAW STORY, Friday June 8, 2007

Can McDonald's Alter the Dictionary?
The late Austrian philosopher Ludwig Wittgenstein once said that the meaning of a word was derived from the way it is used in language. Not according to McDonald's. The fast-food giant is currently lobbying dictionary publishers to change the meaning of the word McJob - or remove it altogether - on the grounds that it denigrates the company's employees. First used some 20 years ago in the United States to describe low-paying, low-skill jobs that offered little prospect of advancement, the term McJob was popularized by the author Douglas Coupland in his 1991 slacker ode Generation X, which chronicled the efforts of a "lost" generation of twenty-somethings to escape their dead-end jobs in an attempt to find meaning in life. In 2001, the term finally entered the Oxford English Dictionary, which defined it as "an unstimulating, low-paid job with few prospects, especially one created by the expansion of the service sector." And it has remained there ever since. But not for much longer if McDonald's gets its way.
Tuesday, Jun. 05, 2007 By CHRISTOPHER THOMPSON/LONDON Time Magazine

Ex-Enron lawyers want case dismissed
Both say they're being accused in actions of others
Two former in-house Enron lawyers facing civil allegations of violating securities laws by obfuscating or omitting regulatory filing disclosures have asked a judge to throw out the case against them. Lawyers for Jordan Mintz, former general counsel for Enron's finance group, argued in court papers this week that he is wrongly accused of helping engineer murky disclosures because he relied on the advice of other lawyers inside and outside Enron more experienced in securities law than he. His filing followed another by Rex Rogers, Enron's former associate general counsel, who argued that the SEC's effort to punish him for the actions of others is moot because the government's five-year deadline to launch a case had passed by the time the SEC sued them in March. He also argued that the government's allegations were too weak or unsubstantiated.
By KRISTEN HAYS chron.com June 8, 2007

Man charged with stealing $250,000 worth of Skittles
DALLAS, Texas (AP) -- A little candy can add up to a rainbow of trouble. A man caught removing tires from a truck has been charged with stealing the tractor-trailer containing $250,000 worth of Skittles, police said. Seven pallets of the 28 in the truck are still missing, authorities said. Alan Chavez, 22, has been charged with first-degree felony theft. It was unclear Monday whether he had a lawyer. Chavez said he had paid someone else $500 for the truck's rims and tires, police said. The truck has an estimated value of $85,000, and the trailer's value is $30,000.
AP Press via CNN.com 9:27 a.m. EDT, May 15, 2007

Vincent Brothers Found Guilty
Vincent Brothers was found guilty today of killing his wife, three children and mother-in-law in July 2003. Brothers wept quietly as the verdict was read. The jury took four days to find Brothers guilty of killing his wife, Joanie Harper; their three children, Marques, Lyndsey and Marshall; and Joanie Harper's mother, Earnestine. Brothers was also found guilty of the special circumstance of committing multiple murders. Vincent Brothers' mother, Margaret Brothers, said outside the court after the verdict, "I only have to say that he's not guilty and it's not fair. All the evidence thought that he's not there, that he's in Columbus, Ohio, I knew he was there. That's all I have to say."
The Bakersfield Californian Tuesday, May 15 2007 11:32 AM

Extremist taunts his victims from prison
Victims of Eric Rudolph, the anti-abortion extremist who pulled off a series of bombings across the South, say he is taunting them from deep within the nation's most secure federal prison, and authorities say there is little they can do to stop him. Rudolph, who was captured after a five-year manhunt and pleaded guilty in deadly bombings at the 1996 Olympics in Atlanta and a Birmingham abortion clinic, is serving life in prison at the "Supermax" penitentiary in Florence, Colo. Housed in the most secure part of the prison, he has no computer and little contact with the outside world aside from writing letters. But Rudolph's long essays have been posted on the Internet by a supporter who maintains an Army of God Web site. The Army of God is the same loose-knit group that Rudolph claimed to represent in letters sent after the blasts.
By JAY REEVES, Associated Press Writer Mon May 14, 11:28 PM ET

State's payday loan ban stands
Top court upholds 2 convictions
Georgia's ban on payday lending survived a legal challenge Monday when the state Supreme Court upheld the conviction of two South Georgia lenders who tried to skirt the law. The unanimous court decision says that high-interest lenders cannot avoid criminal prosecution in Georgia by disguising a payday loan as another type of transaction. "You can't have a scheme or a sham and evade the law," said former Gov. Roy Barnes, interpreting the court decision. The ex-governor's law firm is representing consumers in a group of class-action lawsuits challenging the payday lending industry. Payday loans are advances against a worker's next paycheck, usually at triple-digit interest rates. Georgia law has prohibited the high-interest loans for more than 100 years, but the state was not successful in shutting down the payday lending industry until 2004. That's when the General Assembly enacted the toughest payday lending law in the nation by authorizing felony and racketeering charges and permitting class-action lawsuits. Monday's court decision upheld the first criminal convictions under the 2004 law.
By CARRIE TEEGARDIN The Atlanta Journal-Constitution

BPD Crime Prevention Unit to hold Internet safety class for parents
BAKERSFIELD - Parents, do you sometimes feel less than savvy when it comes to the Internet? Bakersfield Police are hoping to change all that. The BPD Crime Prevention Unit is holding an Internet Safety Class for the parents to help you get logged-on to the dangers your kids face on the Internet. The presentation will cover the importance of communications with your kids, as well as how to monitor their online activity. The first presentation is scheduled for this Sunday, April 29 from 6:30-8:30 p.m. at the Bakersfield City Council Chambers on Truxtun Avenue. The public is invited to attend free of charge. For more information, call 326-3052.
Brynn Galindo of Bakersfield NBC Affiliate KGET News Apr 27, 2007 7:44 PM (www.kget.com)

Pastor caught in crossfire
A traffic stop, a fleeing suspect, a brandished gun. And a motorcycle-riding pastor caught in the crossfire. That's how things went down in Oildale Sunday. So it's no surprise next Sunday's sermon at the Riverview Southern Baptist Church will be modified slightly from the scheduled topic. "I was planning on something from John 5, on the sovereignty of God," the Rev. John Pace said. "But I'm definitely also gonna speak about the brevity of life." Pace, who leads the small Oildale church on Beardsley Avenue, got a glimpse of his own mortality Sunday morning. He took a bullet in the shoulder while riding his motorcycle near the scene of a confrontation between a sheriff's deputy and a suspect. The bullet remains lodged in Pace's back.
BY SHELLIE BRANCO AND ROBERT PRICE, Bakersfield Californian staff writers
e-mail: sbranco@bakersfield.com e-mail: rprice@bakersfield.com | Sunday, Apr 29 2007 9:35 PM

Major Anti-Spam Lawsuit Filed in Virginia
A company representing Internet users in more than 100 countries today filed a lawsuit in Virginia seeking the identity of individuals responsible for harvesting millions of e-mail addresses on behalf of spammers. The suit was filed in U.S. District Court in Alexandria on behalf of Project Honey Pot, a service of Unspam Technologies LLC, a Utah-based anti-spam company that consults with private companies and government agencies. The lead attorney on the case, Jon Praed of the Arlington, Va.-based Internet Law Group, has represented America Online and Verizon Online in successful cases against junk e-mailers. Praed said the group hopes to follow the trail from the people doing the harvesting of e-mail addresses to the actual spammers. "It is clear that the key to stopping spam is identifying those responsible for it, and getting that information into the hands of those capable of doing something about it," he said.
By Brian Krebs washingtonpost.com Staff Writer Thursday, April 26, 2007; 2:31 PM

FDA searches companies in widening pet food recall
Federal agents searched facilities of a pet food manufacturer and one of its suppliers as part of an investigation into the widening recall of products made with ingredients contaminated by an industrial chemical, the firms disclosed today. Food and Drug Administration officials searched an Emporia, Kan., pet food plant operated by Menu Foods and the Las Vegas offices of ChemNutra Inc., the supplier of one of two ingredients suspected in the contamination of millions of cans of recalled dog and cat food, according to the companies. Menu Foods also said the U.S. Attorney's offices in Kansas and the western district of Missouri have targeted the company as part of misdemeanor investigations into whether it violated the federal Food, Drug & Cosmetic Act. The sale of adulterated or contaminated food is a misdemeanor. A Justice Department spokeswoman had no immediate comment. "Menu Foods has been doing everything it can to cooperate with the FDA," company chief executive officer Paul Henderson said in a statement. "Even before commencement of this investigation we have given the FDA full access to our plant and our records, have answered questions and provided documents to them any time they have asked."

California to Sue EPA Over Air Standards
California will sue the Environmental Protection Agency if it does not act soon on the state's request for permission to regulate automobile emissions, Gov. Arnold Schwarzenegger said Wednesday. The state applied in 2005 for a waiver that would exempt California from the federal Clean Air Act, allowing it to more aggressively regulate greenhouse gases as air pollutants. Schwarzenegger said he called EPA Administrator Stephen Johnson on Wednesday and told him that his agency was moving too slowly. "If we don't see quick action from the government, we will sue the U.S. EPA," Schwarzenegger said during a luncheon speech in Beverly Hills. The administration's letter announcing the intent to sue, a procedural step required six months before a lawsuit would be filed, was being sent Wednesday, Schwarzenegger spokesman Aaron McLear said.

Tanker fire destroys part of MacArthur Maze 2 freeways closed near Bay Bridge
(04-29) 11:49 PDT OAKLAND -- A huge ball of fire from an exploding gasoline tanker truck caused an overpass in the MacArthur Maze in the East Bay near the Bay Bridge to collapse on top of the highway below early Sunday, virtually ensuring major traffic problems and confusion for weeks to come. The intense heat crumbled the elevated roadway that carried eastbound traffic from the Bay Bridge onto Interstates 580 and 980 and state Highway 24. The broken concrete fell like a blanket over the connector roadway from southbound Interstate 80 to I-880. The tanker, full of 8,600 gallons of vehicle-ready gasoline, reportedly crashed into a pillar shortly before 4 a.m. on a tight turn and exploded in flames that continued for several hours. The driver of the truck managed to escape before the gasoline ignited, but he was severely burned and was rushed to a hospital burn unit in San Francisco. No one else was injured, and no other vehicles were involved in the crash or fire.

Wells Fargo settles subprime lending lawsuit
NEW YORK, April 26 (Reuters) - Wells Fargo & Co. (WFC.N: Quote, Profile , Research) agreed to pay up to $6.8 million to settle a class-action lawsuit over its Wells Fargo Financial Inc. unit's nonprime mortgage lending practices in California, the bank and lawyers for the plaintiffs said on Thursday. Wells Fargo Financial will earmark $2.4 million for plaintiffs who are more than 60 days late on loan payments. Qualifying class members may receive up to $4.4 million of additional cash payments. The settlement requires court approval. The Association of Community Organizations for Reform Now, or ACORN, had alleged in the lawsuit that Wells Fargo Financial failed to properly disclose points and prepayment penalties to borrowers, and inaccurately reported loan balances for some California customers to credit reporting agencies. San Francisco-based Wells Fargo is the fifth-largest U.S. bank by assets, and one of the largest U.S. subprime lenders.

Judge considers vomit evidence
Deputy District Attorney Lisa Green said she wants to put on evidence that Vincent Brothers appeared as though he was going to vomit when one of the detectives was talking to him once they contacted him in Elizabeth City North Carolina after the defense believes he just found out about the deaths. Green believes Jasper Robinson saw Brothers hosing off vomit just after killing his family. Green said he vomits all the time. "That would cause that kind of reaction even from the most evil man," Green said. Gardina said there is no evidence that anyone threw up in the back yard of the Harper house. Green said detectives weren't looking for anything like that. "I think the more times I show this man shows up the more valuable this evidence becomes," Green said. Kern County Superior Court Judge Michael Bush said he doesn't think it's relevant, but he is going to consider it.
Bakersfield Californian 03/20/2007

State Farm Sued For Failing to Disclose Vehicle History

State Farm admitted they resold 30,000 wrecked vehicles with improper titles from 1997 through 2002. The insurer has settled with all states but IN, paying $41 million to nearly 17,000 vehicle owners. Currently, owners who refused State Farm's settlement have filed more than 100 lawsuits against the company. Robert Elder, Austin American Statesman 01/28/2007

Judge Rejects Proposed Katrina Insurance Settlement

A judge rejected State Farm's $130 million settlement to resolve Hurricane Katrina related claims. According to Judge L.T. Senter, there wasn't enough information to determine how many policyholders would benefit and how much they would each be paid. Judge Senter was unable to say whether the settlement was "fair, just, balanced and reasonable." Michael Kunzelman, The Jackson Clarion-Ledger 01/29/2007

Title Co. Resolves Accusations of Illegal Business Practices

A $10 million settlement will resolve allegations that First American Title Insurance Co. illegally persuaded real estate agents, lenders and builders to route business its way. The WA insurance commissioner claimed the company was the "worst offender" on such practices, but they have not been charged for any violations. First American spent over $120,000 a month for recreational gifts and meals while state law allows title companies to spend no more than $25 per year for business enticements to a real estate professional. Aubrey Cohen , Seattle Post-Intelligencer 01/29/2007

Family Settles Wrongful Death Suit With Clinic

The family of a woman who died seven years after a surgeon left a towel inside her chest has reached a settlement with Cleveland Clinic. Her family sued claiming the towel caused her to suffer serious complications. Attorneys for the clinic disagreed and said the towel did not affect the woman's health. The Associated Press, The Washington Post 01/26/2007

Company Warns Eye Drug May Increase Risk of Stroke

Genentech posted a letter on its Web site warning eye specialists of its new eye drug Lucentis, which may increase the risk of stroke. The company found that patients taking their marketed dose of Lucentis were much more likely to suffer a stroke than patients taking a lower dose. The drug's label already warns about risks of blood-clotting events such as strokes. Andrew Pollack, The New York Times 01/27/2007

Levi's Files Trademark Infringement Suits Against Competitors

Since 2001, Levi Strauss has filed nearly 100 lawsuits against its competitors, claiming they have stolen their signature denim stitches. Levi's says their motivation is not the money but to remove "copycats" from stores. As part of the settlements, competitors must agree to stop making the offending pants and to destroy unsold pairs. Michael Barbaro and Julie Creswell, The New York Times 01/29/2007

Drug Maker Settles OxyContin Addiction and Overdose Cases

Purdue Pharma has settled more than 1,000 lawsuits involving its pain killer OxyContin. Cases involving consumers who illegally obtained the drug were not considered in the settlement. Purdue "absolutely" does not admit wrongdoing by settling the cases. Jim Zebora, The Advocate 01/27/2007

 
 

Faulkner Law Offices
Call Us Today

1825 18th Street
Bakersfield, CA 93301

(661) 327-0601
(877) 208-4740