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Sotheby's Won't Return Renaissance Painting
Headline Legal News | 2008/07/23 07:33
Sotheby's refuses to return, or has lost, a painting by the Renaissance painter known as Parmigianino, the family that owns it claims in Federal Court. The family's representative claims Sotheby's took the painting "Rest on the Flight Into Egypt," from a New York studio in 2005 "for evaluation and/or authentication," and has refused to account for it or return it, despite repeated demands.

Plaintiff Giancorrado Ulrich, of Milan, says he is sole representative of the family that owns the painting.

Parmigianino - Francesco Mazzola, 1503-1540 - was an Italian Mannerist painter.

Ulrich says Sotheby's Senior Vice President and Director of Old Master Paintings Christopher Apostle arranged to have the painting taken from Marco Grassi's New York studio in 2005.

Ulrich says Grassi inquired about the painting in 2007 and this year, and Apostle "assured Mr. Grassi that the painting had already been returned to him."

Ulrich says it's not so - that neither Grassi nor he has the painting, that Sotheby's has it or lost it. He says that the "release slips" that Sotheby's claims prove they returned to painting are not signed by Grassi or Ulrich, and appear to refer to another painting, called "The Holy Family."

Ulrich is represented by Gena Zaiderman with Sanders Ortoli.


Monkey See, Monkey Sue
Court News | 2008/07/22 07:57

Wal-Mart, local health officials and Cox Health Systems discriminated against a woman and her monkey named Richard, Debby Rose claims in Greene County Court. Rose says the monkey helps her with a social anxiety disorder that causes her to have panic attacks in public.

Rose says local heath officials sent letters to area businesses advising them not to let Rose in with Richard, and says she was denied access to Cox Health Systems facilities.

She claims theSpringfield-Greene County Health Department lacks the authority todecide that Richard is not a service animal covered by the Americanswith Disabilities Act.



Calif. Court Orders New Headwaters Logging Plan
Headline Legal News | 2008/07/21 08:02
Pacific Lumber Co. must revise its long-term logging plan for Humboldt County to provide adequate protection for endangered species, the California Supreme Court ruled.

In the controversial $480 million Headwaters Forest deal, state and federal governments bought 10,000 acres of old-growth redwoods and other trees from Pacific Lumber, which owns property in Humboldt County, and regulated how the company would log the remaining 220,000 acres.

The Environmental Protection and Information Center objected to the deal, as did the United Steelworkers of America and other labor and environmental groups.

Justice Moreno ruled that Pacific Lumber did not submit an identifiable Sustained Yield Plan, or a master plan for logging a large area. If the company submits a new plan, it would have to analyze the impact of logging on individual watersheds, Moreno ruled.

Also, Moreno found that the previous logging agreement improperly limited the company's obligation to mitigate the impact of old-growth logging on endangered and threatened species.


Jr. College Fired Her For Answering A Student's Question
Court News | 2008/07/18 07:40
A biology professor says San Jose Community College illegally fired her because a student claimed to be "offended" by her response to a question in a Human Heredity class. June Sheldon, who has a master's degree in biology, says she responded to a question about homosexuality by citing scientific research that indicates it may be related to maternal stress.

Sheldon says the student complained that Sheldon had spoken in class "about something that had no mention in the textbook," and that the student "found many parts of her lecture highly offensive and unscientific," leaving the student "horribly offended."

Be that as it may, Sheldon says, citing scientific literature in response to a question about human heredity in a human heredity class is not grounds for firing, under the college's own rules.

Sheldon says the student who filed the complaint objected to a comment she made in her class of June 21, 2007. She says that student dropped her class at 9:06 a.m. that day. The class met from 9 to 11 a.m.

Sheldon sued the seven trustees of the San Jose/Evergreen Community College District, and its chancellor and vice chancellor. She is represented in Federal Court by David Hacker of Folsom.


Kelley / Uustal Wins More Than $1 Million in Back Pay for Former Alamo Employee
Law Firm News/Florida | 2008/07/17 14:44
McDonald Clark was the marketing genius behind Alamo-Rent-a-Car’s glory days.    When Alamo was taken over by Republic Industries in 1996, Republic entered into a new employment contract with Clark which provided for certain payments to Clark for 10 years if his contract was not renewed.  Republic later changed its name to AutoNation and spun off Alamo into a separate company.  When Alamo went bankrupt, AutoNation refused to make the payments.

Clark hired the attorneys at Kelley / Uustal to fight to enforce the agreement.  After six years of litigation, the jury found that Clark was entitled to $1,098,800.  The jury deliberated for only a few minutes after the four-day trial, which included testimony from a host of former Republic executives, including Steve Berrard and Michael Karsner.

“McDonald had a contract which was negotiated by Republic, written by Republic on Republic letterhead, and signed by Republic’s CEO, Steve Berrard,” explained John Uustal, who tried the case with his partner, Todd Falzone.  “Republic tried to use Alamo’s bankruptcy as an excuse to avoid responsibility.  But the jury didn’t buy it.  A deal’s a deal.”

Clark’s five-year contract with Alamo included a 10-year, $100,000-a-year salary continuation benefit that would begin at the end of the contract.  One year into the contract, Alamo was sold and Republic, now AutoNation, renegotiated the contract.  In 2000, the contract was not renewed, and Clark began receiving his salary continuation payments.  By November of 2001, however, Alamo filed bankruptcy and the payments stopped.

“AutoNation’s CEO gave Mr. Clark his word that this contract would be fully honored.  But when it came time for them to make good on that promise, AutoNation turned its back,” said Falzone.  “Thanks to the Judge and Jury, we had a fair trial and a just verdict.”

Mr.  Clark’s claim for attorney’s fees is still pending.


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