Court Round Up

Massachusetts: Judge asks to review state prison suicide records
BOSTON (AP) — A federal judge has ordered a former contractor for the state prison system to provide the court with the psychiatric treatment records of about 25 inmates who committed or attempted suicide from 2005 to 2007.

U.S. Chief District Court Judge Mark Wolf on Wednesday gave the University of Massachusetts Correctional Health Program until Aug. 27 to turn over documents.

The Boston Globe reports that he wants to determine whether he can legally turn them over to an advocacy group that has sued the state over the care of mentally ill inmates.

UMass Correctional Health contends that the records are confidential under federal medical privacy law.

Lawyers for the Disability Law Center say the records are crucial to their lawsuit in which they allege mentally ill inmates are not properly cared for.

Washington: State AG sues makers of LCD panels over prices
SEATTLE (AP) — Washington Attorney General Rob McKenna says he’s suing the makers of Samsung, Toshiba, Sharp and five other brands of liquid crystal display screens.
McKenna says they engaged in price-fixing.

The lawsuit was filed Wednesday in King County Superior Court following a yearlong investigation by Washington and other states. It alleges that company leaders regularly met in secret to agree on prices and limit production from 1998 to 2006, and it seeks restitution for state agencies and consumers as well as civil penalties.

Several of the companies and their executives have already pleaded guilty to federal criminal charges.

The defendants in Washington’s case include Epson Electronics America Inc., Hitachi Displays Ltd., LG Display America Inc., Toshiba Corp. and Samsung Electronics Company Ltd.

Connecticut: Ex-students settle strip search lawsuit
ANSONIA, Conn. (AP) — Four former students of a Connecticut school have each received $27,500 to settle a lawsuit they filed after being strip-searched by teachers looking for missing money.

Lawyer Robert Berke says the payments were received this week by the former Ansonia students, who graduated or otherwise left Pine Academy.

The students said they suffered humiliation, embarrassment, anxiety, stress and loss of sleep as a result of the December 2008 incident.

Superintendent of Schools Carol Merlone didn’t immediately return a message Thursday.

The searches were ordered after a teacher reported $70 was taken from her pocketbook, but the cash wasn’t found.

The school principal and two teachers involved in the search resigned or left the school district.

New York: Reports: Barnes & Noble to settle with Burkle
NEW YORK (AP) — Barnes & Noble will settle a lawsuit filed by investor Ron Burkle so it can avoid a costly proxy fight and concentrate on selling off the company, according to news reports.

The book seller will add two independent directors to its board and assign another seat to Burkle’s firm, Yucaipa, according to the Wall Street Journal citing people familiar with the situation. The New York Times reported that if there is no deal, Burkle could begin his proxy fight as early as Thursday morning.

The company had no comment early Thursday.

If the two sides do come to an agreement, Burkle, who increased his ownership stake last year to about 19 percent, would end his bid to gain more control over the book seller.

Burkle has challenged Barnes & Noble’s poison pill strategy, which prevents anyone from taking more than a 20 percent stake in the company without board approval.

As part of the deal, Yucaipa would also support company efforts to sell itself — a decision the company announced last week. Yucaipa will be on the special committee overseeing the possible sale.

The papers said Barnes & Noble’s board wanted to avoid a lengthy and costly proxy fight so its directors could examine a potential sale of the New York company. The sale may got to an investment group that would include the book seller’s founder and biggest shareholder, Leonard Riggio.

Yucaipa would also support Riggio’s re-election to the board, the Wall Street Journal said. Riggio, has a 30 percent stake in Barnes & Noble Inc., the only person with more shares than Burkle.

Barnes & Noble’s share price has slid 24 percent since the beginning of the year and the company is struggling, along with other book retailers, as consumers pare down on purchases because of the economic downturn. Shoppers also are shifting away from paper books toward electronic books, much as they have done with music, moving away from CDs toward digital downloads. The company faces steep competition from Amazon.com and rival Borders Group Inc.

One of the independent directors under the deal would likely be Stephen Bollenbach, chairman of KB Home and former CEO of Hilton Hotels Corp. Barnes & Noble is also expected to eventually give up one director so the board would have 11 members.

The retailer would pay between $10 million and $15 million to cover Yucaipa’s banking and legal fees, the paper said.

According to the reports, Burkle is also a potential buyer. Private-equity firms, including Blackstone Group, Apollo Management LP, Advent International, and others are likely to consider buying the company.

Barnes & Noble’s annual shareholder meeting is scheduled for Sept. 30.

South Carolina: Family of SC sunbather run over by truck sues
MYRTLE BEACH, S.C. (AP) — The family of a South Carolina man severely injured when a beach-service truck ran over him as he sunbathed has sued the company and the city of Myrtle Beach.

The Sun News of Myrtle Beach reports Thursday that the brother of 34-year-old Erik Rabon has sued over the May 14 accident that crushed vertebrae in Rabon’s neck. He remains in a local hospital, unable to walk or breathe on his own, with spinal-cord and brain injuries.

Police reports say Rabon was likely asleep on the sand when a Huggins Beach Service truck ran over Rabon. He was then dragged by the head through the sand.

Huggins and city officials have declined to comment. The company provides lifeguard and emergency services for the city. It has since changed some of its policies for drivers.