Monday, June 7, 2010

An acrobatic group known by the name of Spelbound has been declared as the winner of Britain’s Got Talent 2010, a televised variety talent show competition broadcast on ITV in the United Kingdom. As the winning act of the show, Spelbound have won £100,000 (US$144,580, €120,313, A$175,079) and a place at The Royal Variety Performance, an annual gala evening that is attended by senior members of the British Royal Family.

In no particular order, the top three acts were revealed to be two dancers known by their stage name of Twist and Pulse, gymnastic group Spelbound and Kieran Gaffney, whose act involves playing on the drum kit. After Kieran Gaffney was revealed to be in third place, Anthony McPartlin, who hosts Britain’s Got Talent with Declan Donnelly, said to Kieran: “Well done Kieran. Kieran, you’re a star, you came back, you got all the way to the final. I know you’ve loved this. You’ve loved this, haven’t you?” In response to this, Kieran Gaffney stated: “Thank you very much. Thank you, everyone for supporting me. Thank you.”

Shortly afterwards, on the episode that was broadcast live on ITV1 on Saturday, Anthony announced: “After tens of thousands of auditons, five semi-finals and an amazing final, this…this is it. One of you is about to walk away with £100,000 and a place at this year’s Royal Variety Performance. The winner of Britain’s Got Talent 2010 is…Spelbound!” Glen Murphy from Twist and Pulse commented about finishing in second place, stating: “Yeah, it’s amazing. I can’t even believe it. I can’t believe it at all.”

Alex Uttley, a 24-year-old member of Spelbound, commented on the gymnastic group’s victory, commenting: “Oh, my god. This is unbelieveable. We just want to say thank you to everyone out there. It just shows that all our hard work has paid off.” One of the coaches of Spelbound, named Neil Griffiths, stated about Spelbound: “Oh, they’ve worked so hard over the last few weeks. Um, since the semi-final, we…we really had to pull out the stops to try and up the game. They’ve not known they’ve worked in the gym from six in the morning till twelve…twelve o’clock of the night. I couldn’t have asked for more. Um, it’s a team of coaches. I don’t take all the credit myself. There’s, uh, two people up there that know who they are who’ve been fantastic.”

Spelbound consists of 24-year-old Alex Uttley, Nicholas Illingworth, aged 24, Adam Buckingham, aged 21, 20-year-old Adam McAssey, 19-year-old Douglas Fordyce, 18-year-old Edward Upcott, 18-year-old Leighanne Cowler, 17-year-old Katie Axten, 17-year-old Lauren Kemp, 15-year-old Jonathan Stranks, Abigail Ralph, aged 15, 13-year-old Hollianne Wood and Amy Mackenzie, aged 12. Bookmakers had previously predicted that Spelbound would be the most likely act to become the winner of the series.

The running order for the final started with Twist and Pulse. The second act to perform was Liam McNally, a 14-year-old singer. The running order subsequently continued with 40-year-old impressionist Paul Burling, singer Christopher Stone, aged 28, Tina & Chandi, a woman and dog dancing act, Connected, a five-piece singing group, Kieran Gaffney, aged 12, 22-year-old Tobias Mead, a dancer, 80-year-old singer Janey Cutler and Spelbound in that particular order.

Earlier on in the final, Britain’s Got Talent judge Amanda Holden has stated to Spelbound: “We are hosting the 2012 Olympics and I think ‘what a brilliant opening act’.” Fellow judge Piers Morgan also commented that “[t]he purpose of this show is to identify hidden great British talent. You are that act.” After Spelbound won in the final, another judge, named Simon Cowell, stated that “the right boys and girls won on the night” and that he could “only say on live TV that that was one of the most astonishing things I have ever seen. Seriously.”

Sunday, October 21, 2007

Fans of the American hard rock band Aerosmith have launched legal action against the band in response to a late cancellation of a scheduled concert on the Hawaiian Island of Maui.

Attorney Brandee Faria filed a class action suit in Hawaii Circuit Court on October 19. The suit alleges that the band’s cancellation cost fans between US$500,000 (€349,944) and $3 million (€2.1 million) in travel and accommodation costs, as well as other related expenses.

The sold-out September 26 Maui concert – originally planned months before as the final show of a world tour that began in Brazil in April – was canceled by the band on the basis that they could not make it to the island in time after a September 24 concert in Chicago. The Chicago concert, which attracted 18,000 people, was rescheduled at the last minute after the original September 10 concert date had been postponed due to illness.

The band canceled the show at Maui’s War Memorial Stadium, which was set to be attended by 9,000 people, and apologized to fans. The band’s management company, HK Management Inc., gave no initial reason when they canceled on September 20, but blamed logistical reasons by the next day.

However, just days later, on September 29, the band traveled to the neighbor island of Oahu to play a corporate event in Honolulu for Toyota car dealers and private guests. An audience of 6,000 people celebrated the 50th anniversary of the Japanese automobile manufacturer at the University of Hawaii, with Toyota paying $500,000 (€349,944) to hire the campus. Aerosmith received $1 million (€700,000) to perform at the event. Faria alleges that Aerosmith abandoned the scheduled public concert on Maui in favor of the more lucrative corporate event on Oahu.

“…Defendants simply canceled the only public performance by Aerosmith in favor of the larger Chicago venue and the lucrative, private concert for the Toyota car dealers,” the complaint states.

Local officials had hoped the concert would attract other big names to the island.

Faria said that “I’ve had people contact me being out of pocket at much as $800 or $900,” adding that if the cancellation is found to be deceptive ticket holders may be eligible for a minimum of $1,000 each. The complaint also says that those aged 62 or over should receive at least $5,000 each. Currently about a dozen ticket holders are involved with the suit. If the action is approved by a judge, steps will be taken to contact everyone who purchased a ticket.

Thursday, April 21, 2005

U.S. President George W. Bush signed into law Wednesday a major bankruptcy reform bill, making the most sweeping changes to the laws of personal bankruptcy in the past two decades. Bill S.256 is predicted to reduce the chances of filing Chapter 7 bankruptcy for 30,000 to 210,000 families per year, according to the American Bankruptcy Institute.

The legislation was strongly opposed by some consumer advocates and by some Democrats in Congress, who complained about the lack of debate on exemptions they attempted to introduce and tried to derail the passage of the bill. Those who are unable to file for Chapter 7 bankruptcy will then be forced to file under Chapter 13, which requires payment of some debts by order of a judge based on the financial resources of the debtor.

Opponents said the bill will end a chance for a fresh start in the financial lives of the American people by keeping them in debt to collection agencies, as well as credit card companies and banks who have made it easy to obtain high credit limits amid mounting consumer debt.

In his remarks before signing the bill, which he supported, Bush said, “The bipartisan bill I’mabout to sign makes common-sense reforms to our bankruptcy laws. By restoringintegrity to the bankruptcy process, this law will make our financial systemstronger and better. By making the system fairer for creditors and debtors,we will ensure that more Americans can get access to affordable credit.”

The bankruptcy bill received a 302-126 approval in the house, after receiving a 74-25 vote in the Senate last month following strong, mostly partisan debate.

The US bankruptcy system was established in 1898. It allowed judges and debtors to come to terms with the costly medical bills that can follow a relative’s death, or a family illness. Such cases form nearly half of all bankruptcies filed in the USA, according to the American Bankruptcy Institute.

Now many of those people will have to work out repayment plans suitable to creditors instead of having debts erased by a judge, according to the new law, which takes effect in six months.

In the past, a judge or court representative would calculate an individual’s income and subtract necessities of life to come up with a practical repayment plan of some debt. The new law stipulates that a graph, showing the poverty level in whichever state the consumer is living will be the criteria. It assumes that if people can subsist at that poverty level, then everything over that can be used to repay creditors.

Additionally, a provision that allowed debtors to file their own Chapter 7 fresh start bankruptcy has been changed to require a lawyer, paid by the debtor, to do the filing.

The new law also erased “usury” provisions in lending laws, with some lawmakers saying that paying 30 percent interest was not too much when a debtor was behind on payments.

But Bush said that credit will “be more affordable because when bankruptcy is less common, credit can be extended to more people at better rates,” meeting demands of the credit card companies which they have been pressing for the last eight years.

“The big winners under the new law will be the special interests that literally wrote it, particularly the credit card industry,” said Travis B. Plunkett, legislative director of the Consumer Federation of America. “This is particularly ironic because reckless and abusive lending practices by credit card companies have driven many Americans to the brink of bankruptcy.”

The forces arrayed on the losing side of this bill said it will hurt low-income working people, single mothers, minorities, and elderly and will end a safety net for people who have lost jobs or face major medical bills. People who fail (refuse) to pay or refuse to go to court will punished by a fine and or arrest warrant made out in their name. About fifty thousand Americans will be punished by a fine and or warrant about three thousand Americans every year will go to jail under the new bankruptcy law. For some people this will be a third strike so they will be put in jail for life.

But Mallory Duncan, a lawyer for the National Retail Federation, said “Bankruptcy has gone from a stigma to a financial planning tool for many.”

New personal bankruptcy filings have increased from 172,423 in 1978 to 1,599,986 last year, an increase of 828% during that time; however, it edged down slightly last year.

About 2 percent to 13 percent of those who dissolve their debts in Chapter 7 bankruptcy each year in exchange for forfeiting some assets will be disqualified from doing so under the law, according to the American Bankruptcy Institute.

Bankruptcy lawyers anticipate a rush to the courthouse to beat the six-month window before the new reforms take effect.

Monday, June 7, 2010

An acrobatic group known by the name of Spelbound has been declared as the winner of Britain’s Got Talent 2010, a televised variety talent show competition broadcast on ITV in the United Kingdom. As the winning act of the show, Spelbound have won £100,000 (US$144,580, €120,313, A$175,079) and a place at The Royal Variety Performance, an annual gala evening that is attended by senior members of the British Royal Family.

In no particular order, the top three acts were revealed to be two dancers known by their stage name of Twist and Pulse, gymnastic group Spelbound and Kieran Gaffney, whose act involves playing on the drum kit. After Kieran Gaffney was revealed to be in third place, Anthony McPartlin, who hosts Britain’s Got Talent with Declan Donnelly, said to Kieran: “Well done Kieran. Kieran, you’re a star, you came back, you got all the way to the final. I know you’ve loved this. You’ve loved this, haven’t you?” In response to this, Kieran Gaffney stated: “Thank you very much. Thank you, everyone for supporting me. Thank you.”

Shortly afterwards, on the episode that was broadcast live on ITV1 on Saturday, Anthony announced: “After tens of thousands of auditons, five semi-finals and an amazing final, this…this is it. One of you is about to walk away with £100,000 and a place at this year’s Royal Variety Performance. The winner of Britain’s Got Talent 2010 is…Spelbound!” Glen Murphy from Twist and Pulse commented about finishing in second place, stating: “Yeah, it’s amazing. I can’t even believe it. I can’t believe it at all.”

Alex Uttley, a 24-year-old member of Spelbound, commented on the gymnastic group’s victory, commenting: “Oh, my god. This is unbelieveable. We just want to say thank you to everyone out there. It just shows that all our hard work has paid off.” One of the coaches of Spelbound, named Neil Griffiths, stated about Spelbound: “Oh, they’ve worked so hard over the last few weeks. Um, since the semi-final, we…we really had to pull out the stops to try and up the game. They’ve not known they’ve worked in the gym from six in the morning till twelve…twelve o’clock of the night. I couldn’t have asked for more. Um, it’s a team of coaches. I don’t take all the credit myself. There’s, uh, two people up there that know who they are who’ve been fantastic.”

Spelbound consists of 24-year-old Alex Uttley, Nicholas Illingworth, aged 24, Adam Buckingham, aged 21, 20-year-old Adam McAssey, 19-year-old Douglas Fordyce, 18-year-old Edward Upcott, 18-year-old Leighanne Cowler, 17-year-old Katie Axten, 17-year-old Lauren Kemp, 15-year-old Jonathan Stranks, Abigail Ralph, aged 15, 13-year-old Hollianne Wood and Amy Mackenzie, aged 12. Bookmakers had previously predicted that Spelbound would be the most likely act to become the winner of the series.

The running order for the final started with Twist and Pulse. The second act to perform was Liam McNally, a 14-year-old singer. The running order subsequently continued with 40-year-old impressionist Paul Burling, singer Christopher Stone, aged 28, Tina & Chandi, a woman and dog dancing act, Connected, a five-piece singing group, Kieran Gaffney, aged 12, 22-year-old Tobias Mead, a dancer, 80-year-old singer Janey Cutler and Spelbound in that particular order.

Earlier on in the final, Britain’s Got Talent judge Amanda Holden has stated to Spelbound: “We are hosting the 2012 Olympics and I think ‘what a brilliant opening act’.” Fellow judge Piers Morgan also commented that “[t]he purpose of this show is to identify hidden great British talent. You are that act.” After Spelbound won in the final, another judge, named Simon Cowell, stated that “the right boys and girls won on the night” and that he could “only say on live TV that that was one of the most astonishing things I have ever seen. Seriously.”

Thursday, October 26, 2006

New Zealand Internet service provider (ISP) Xtra, owned by telecommunication giant Telecom New Zealand, has today “unleashed” the downstream lines as fast as the line will allow. The speed could reach up to 7 megabits per second. All new plans will allow maximum downstream bandwidth, although upstream bandwidth will still be constrained. The maximum downstream bandwidth previously available was 3.5 megabits per second.

Neither Xtra nor ihug responded to questions sent via e-mail.

Along with the improved bandwidth, two new plans have been introduced. These include the Go Large which has no data cap and the Go Express which offers “fast upstream connection.”

On September 26, 2006 Telecom announced the speed changes and Kevin Bowler, Telecom’s general manager of Consumer Marketing, said: “With maximum speeds customers may find it easier to do things online that are bandwidth-intensive. Some customers will notice a difference in the time it takes to do things like download music… watch video or send and receive large email attachments.”

Xtra says existing customers will be transferred onto the new plans progressively from October 26, 2006.

Sunday, October 10, 2010

A United States federal court judge and Florida state court judge are enmeshed in a conflict against each other regarding a wrongful death lawsuit involving Scientology.

A federal judge for the United States District Court for the Middle District of Florida, Steven Douglas Merryday, ordered Pinellas County Senior Circuit Judge Robert E. Beach not to intervene regarding appearance of an attorney in a federal court case involving Scientology. Lawyer Kennan Dandar is representing the estate of Kyle Thomas Brennan in a wrongful death claim against the Scientology organization.

The suit asserts that members of the Scientology organization, including the father of Brennan, removed access to the deceased’s anti-depression medication, and provided him with means to utilize a loaded gun. Brennan had been staying with his father for a week prior to his death. Police in Clearwater, Florida investigated the 2007 death of Brennan, and determined it was a suicide. Kyle Brennan was himself not a member of Scientology. The lawsuit, filed in 2009, was filed by Brennan’s mother on behalf of her son’s estate. Named as defendants in the lawsuit include the Scientology organization, its subdivision the Flag Service Organization, twin sister of Scientology leader David Miscavige – Denise Gentile, and her husband Gerald Gentile.

Attorney Dandar had previously represented the estate of Lisa McPherson in a separate civil wrongful death claim against the Scientology organization. After being under the care of members of the Scientology organization for 17 days, McPherson died in Clearwater in 1995. The wrongful death suit claimed that Scientology officials permitted McPherson to deteriorate to a dehydrated state, where her condition was such that she did not have the energy to fend off cockroaches from biting her skin.

Scientology management settled the McPherson wrongful death case in 2004; lawyers representing the organization stated the settlement included a confidential arrangement with Dandar to never again represent clients in lawsuits against Scientology entities. The settlement included an agreement that both sides would never speak again about the case; California lawyer Ford Greene commented, “The church bought silence.” The Scientology organization had also filed a countersuit against the estate of Lisa McPherson, and named Dandar a party to that lawsuit. The organization claimed Dandar had inappropriately tried to add the head of Scientology David Miscavige as a party to the wrongful death lawsuit.

Scientology legal representatives requested Judge Beach to see to it that Dandar abide by the secret settlement agreement, and Beach subsequently issued an order in June 2009 that Dandar be removed from the Brennan wrongful death case. Dandar faced sanctions from Judge Beach including suspension of Dandar’s license to practice law, a US$130,000 judgement to be given to the Scientology organization, and a fine of $1,000 per day. Judge Beach ruled that all money from the sanctions imposed against Dandar – were to go directly to the Scientology organization. The Tampa Tribune noted that Judge Breach made his ruling, “in an inexplicably closed hearing from which Beach tossed a St. Petersburg Times reporter”.

Faced with these possible sanctions, Dandar filed an “involuntary” motion to withdraw from the Brennan wrongful death case in federal court, but Judge Merryday denied this request. Dandar stated to The Tampa Tribune, “I’m stuck in the middle of two courts.”

D. Wallace Pope, a lawyer for the Scientology organization, stated that he wished to show evidence regarding the settlement in the McPherson wrongful death case. However, Judge Merryday emphasized his main issue was determining whether or not Dandar was being penalized for obeying the federal court’s order denying his request to be withdrawn from the Brennan wrongful death case. Judge Merryday stated he would prevent the Scientology organization along with Judge Beach from punishing Dandar for representing his client in US federal court. Merryday stated Beach had attempted to usurp control outside of his jurisdiction, thereby “aggressively” interferring with the US federal court process through imposing sanctions on Dandar.

Merryday has served as a US federal judge based in Tampa, Florida since 1992. The St. Petersburg Times noted that Judge Merryday, “has presided over some of the region’s most noteworthy cases.” Judge Merryday’s court order creating an injunction against Beach was 29-pages long, and criticized the “stunning severity” of Beach’s sanctions imposed on Dandar. Merryday explained that the federal court needed to “act in defense of the (federal) court’s jurisdiction”, due to Beach’s actions. Referencing Judge Beach, Merryday wrote in his court order, “A judge should not undertake, directly or indirectly, overtly or through a surrogate, to compel an act by another judge, especially in a different jurisdiction.”

Judge Merryday stated to Scientology lawyers, “have forced my hand on this issue.” Merryday stated to Scientology lawyer, Robert Potter, “I don’t like being put in this position. When people start to squeeze, other people can squeeze back.” Potter asked him to seal the proceedings from public view, and Judge Merryday responded, “I’m not going to be entering any seals unless I see a lawful reason, and I can’t even see the beginning of a reason”. Merryday stated he would not allow his court to be influenced by “some circuit judge somewhere who appears for all I can tell to have sealed something for some unknown reason”.

Judge Beach responded to Judge Merryday’s injunction which “permanently enjoined” him from imposing sanctions on Dandar, by filing a motion on Thursday in federal court in Tampa. Beach asked Merryday to rescind his order so that he may recuse himself from acting as a judge on the Scientology case related to Dandar. Beach’s motion argued that he was denied due process because he was not given notice by Merryday of the hearing which occurred before Merryday issued his ruling. In addition, Beach asserted Merryday did not have power to issue the ruling restricting him from sanctioning Dandar, because Beach was not a party to the Brennan wrongful death case, and Merryday lacked authority to restrict powers of a judge from outside his federal court jurisdiction. In response, Judge Merryday has scheduled a hearing for October 12 in federal court to hear state court judge Beach.

Martin Errorl Rice is an attorney in St. Petersburg, Florida who represented Beach in the motion before the US federal court. Rice stated his client’s motivation in requesting the ruling by Judge Merryday be rescinded was to allow Beach to recuse from the Scientology case. Rice told the St. Petersburg Times that his client’s conflict with the US federal court has “cast kind of a cloud” over Beach’s position in the Scientology case.

Stetson University College of Law constitutional law professor Michael Allen analyzed the clash between the US judge and Florida judge for The Tampa Tribune. Allen observed that it was “very, very rare” for a US federal judge to order a state judge. He noted that a 1793 federal law contravenes such orders – except in “extraordinarily narrow” cases where the federal judges are permitted to create rulings in order to safeguard the jurisdiction of their federal court proceedings.