Publicist for James Brown Files Federal Lawsuit

A former publicist for James Brown has filed a federal lawsuit claiming the singer's charitable trust said to contain most of his wealth belongs to her. The lawsuit was filed in U.S. District Court in Chicago. Jacque Hollander told The Associated Press Wednesday that she helped create the trust to help needy children. Hollander's attorney, Donald Rosen, said Brown borrowed money from the trust for his personal use, making it invalid. He says Hollander, the only surviving artner, should control it. Former Brown trustee Buddy Dallas backs Hollander's claim, but both have been criticized by attorneys pushing a long awaited settlement over how to parcel out Brown's wealth. A South Carolina judge has threatened to hold Dallas in contempt of court for not turning over financial records.

(Associated Press)

Georgia Equine Law Challenged

A federal lawsuit has targeted an obscure Georgia law that allows state officials to seize starving horses. To be heard in front of the 11th U.S. Circuit Court of Appeals today is the case of 46 horses seized from a southwest Georgia farm by state agriculture officials. Edna Reams says the horses were taken without due process, and she wants the federal court to overturn the law. The law being challenged is the Humane Care for Equines Act. Georgia’s Agriculture Department says it gets more than 1,200 complaints about horse abuse each year. Last year, about 300 ailing horses were taken-in.

Judge orders foster care reform in Fulton, DeKalb

An order issued by a federal judge Monday says Georgia child welfare officials must do a better job of finding permanent homes for 500 children who have been in foster care at least three years. The order by U.S. District Judge Marvin Shoob is part of a settlement to a lawsuit brought by a non-profit group to reform foster care systems in Fulton and DeKalb counties. Children’s Rights Inc. accused the state Division of Family and Children Services of contempt of court for not finding homes for the 500 kids. The order calls for DFCS to set-up a special unit to organize better efforts for reviews and strategies helping to find children permanent homes.

Lawsuit claims Heard violated labor laws

A lawsuit filed against Bill Heard Enterprises claims the company with the largest chain of Chevrolet dealerships in the country violated federal labor law when it fired thousands of employees last month. Former employee Edward Kratzel, who worked at a Bill Heard dealership in Las Vegas, filed the suit Friday in U.S. Bankruptcy Court in northern Alabama. Kratzel was one of more than 2,000 employees who lost his job when the Columbus, Ga.-based company closed all of its remaining dealerships on September 24th. The suit against Bill Heard and about two dozen affiliated companies says the companies violated the workers' rights under the Worker Adjustment and Retraining Notification Act. Kratzel's lawyers are seeking class action status for the suit.

(Associated Press)

Lawsuit over state education funds moves forward

A long-standing legal battle pitting 50 mostly rural schools against the state over education funding is moving forward. A judge denied the state's final attempt to dismiss the case, and it's scheduled to go to trial October 21st.

The lawsuit claims small, poor counties are treated unfairly because they don't raise enough local taxes to compensate for the cuts in state education funds.

If the schools win that could mean the state pays more than a billion dollars in education funds.

The state is reviewing the judge's order.

Feds: $200M lawsuit against GA credit card firm

Federal officials have filed a $200 million dollar lawsuit against an Atlanta credit card marketing firm, accusing it of deceptive practices.

The Federal Trade Commission and Federal Deposit Insurance Corporation on Tuesday filed lawsuits against Atlanta-based CompuCredit, and two out-of-state banks.

The feds say the companies, "misled" borrowers several times over a two-year period.

They allege that, in some cases, two thirds of a $300 dollar credit limit on the unsecured cards was eaten up by hidden fees.

Columbus Banking and Trust markets the cards, and were also named in the lawsuit. But rather than go to court, they agreed to pay ten million dollars in fines and restitution.

CB&T CEO Steve Melton says borrowers who took out the cards knew what they were getting into:

“...Well, they haven't been bamboozled by the small print, and the people who take these cards have been denied – and we wouldn't have issued these customers a card in the normal course of our business.”

Melton says borrowers knew what they were getting into:

“I don't want anyone to think that this market segment is a bunch of ignorant people that don't know what they're doing when they get a credit card. That's not the case.”

The feds are seeking $217 million dollars in fines and restitution from CompuCredit, and the other two banks, Wilmington-based First Bank of Delaware and First Bank & Trust of Brookings, South Dakota.

The firms deny the charges and say they'll fight the lawsuit.

FTC officials did not respond to repeated requests for comment.

If you have a credit card that bears the name of any of the following companies, or your are a CompuCredit customer, you may be eligible to receive damages: Aspen, Aspire, Aspire A Mas, Emerge, Fingerhut Credit Advantage, FreedomCard, Imagine, Majestic and Tribute.

Click here for more GPB News coverage of banking issues in Georgia, and here for more on credit card issues.

Runoff elections in Georgia--lawsuit out in Riverdale

It is election day across the state, as various runoff races are being determined.

In Riverdale, a city council runoff will be held there as scheduled. A judge on Monday threw out a lawsuit that aimed to disqualify a transgender city council member. Michelle Bruce is looking to get re-elected to her seat--she’s in a runoff with second-place finisher Wayne Hall from November’s elections. Third-place finisher Georgia Fuller had filed the suit, claiming election fraud. The complaint identified Bruce as "Michael Bruce", and said voters were misled by the female identity.

Second lawsuit filed in Atlanta bus crash

A second lawsuit has been filed in U.S. District Court on behalf of Bluffton University players and coaches killed or injured in an Atlanta bus crash earlier this year. Attorneys want the court to determine whether those involved are eligible for money from insurers. The filing states the driver and bus company were covered under three policies, and that the victims should be coverred as well. There was an earlier lawsuit filed by the mother of one of the five players killed. In March, the university’s baseball team bus tumbled over an Atlanta highway overpass--the driver apparently mistook the exit ramp for a highway lane.

State Supreme Court overturns two malpractice suits

In a pair of decisions, Georgia’s Supreme Court overturned two medical malpractice lawsuits.

The Court ruled a Glynn County man cannot sue doctors who mistakenly infected him with HIV.

The patient was two moths old when doctors when doctors at the Medical College of Georgia Hospital performed open-heart surgery, using contaminated blood.

The patient suffered a decade of health problems attributed to his heart condition. He then sued in 2001 after discovering he was HIV-positive.

Attorneys for the defense argued the time to file a lawsuit had passed.

In its ruling, the Court said the open-heart surgery did not cause the patient to develop AIDS, but that a lack of treatment led to the illness.

In another ruling today, the Court says a judge cannot award money in a wrongful death case if the jury chooses to award nothing.

The family of a baby, who died at 15 months, says doctors at Columbus Healthcare System failed to diagnose a rare blood condition.

However, at trail, expert testimony showed the baby died due to massive head injuries.

A jury awarded $100,000 for the child’s pain and suffering, but no damages for the infant’s wrongful death.

Later, the judge added $1 million, saying it was not right to acknowledge malpractice, but award nothing for a wrongful death.

The Supreme Court overturned the judge’s $1 million award and has sent the case back for re-trial.

Legislators question settled Grady lawsuit

Six state lawmakers want a Fulton County judge to open the records in a whistleblower lawsuit against Grady Hospital. The six include Senate President Pro Tem Eric Johnson and Georgia Senate Majority leader, Tommie Williams, according to the online news site Insider Advantage. The case involved former Grady doctor James J. Murtagh, Jr. In 2000, Murtagh accused Emory University and Grady of giving him a bad review after he accused them of conspiring to misuse federal research funds. The case was settled and the files subsequently sealed. But lawmakers say citizens have the right to know if publicly-funded Grady Hospital paid Murtagh for his silence. In recent months, mounting debt in the tens of milions has threatened to shut the dorrs to the region's only level one trauma center.

Suit vs. UGA prof suspends national pharmacy exam

A national licensing exam for pharmacy school graduates has been suspended following a federal lawsuit against a University of Georgia professor.

The suit filed by the National Association of Boards of Pharmacy alleges that Flynn Warren Jr. copied exam questions and passed them out in course materials to students. The suit also names the Georgia Board of Regents as a defendant. An Association official says the students who were to take the tests will be rescheduled later this year.

The exam is taken by pharmacy graduates across the country, which they must pass before becoming a practicing professional. Warren recently retired from UGA in July.

Suit vs. gun shops still in play

A federal judge will allow a lawsuit against some gun dealers in Georgia and around the country to move forward.

A U-S District Court judge in Brooklyn rejected motions brought by some of the dealers, and says there is evidence the dealers are responsible for guns making their way into the hands of criminals in New York City.

The suit brought by New York City last year includes five dealers in Georgia. According to court records, three of the shops--in Savannah, Hephzibah and Augusta--have reached settlements. Stores in Doraville and Smyrna remain defendants in the suit.

The Smyrna-store, Adventure Outdoors, was cited by the judge to be the source of guns in a number of federal prosecutions for illegal purchases, and crimes committed.

That store has filed a 400-million dollar libel suit against New York City. The suit is still pending.