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One Vt. sugar maker takes fight to U.S. court
Court Watch |
2007/03/10 21:12
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Berndt, 56, owns the Maverick Farm in Sharon, a 16,000-tree property that's one of the largest maple producers in the state. He's planning on sugaring another 20 years before passing the property on to his children or a conservation group. But warmer winters are threatening to cut the tapping season over the next several decades and, with the migration of Southern tree species, crowd out maples over the next century. What to do? Berndt, a member of Greenpeace and Friends of the Earth, heard about the environmental groups' lawsuit against two U.S. government agencies - the Export-Import Bank and the Overseas Private Investment Corp. - for investing $32 billion in taxpayer money in overseas subsidies to such energy companies as Exxon Mobil Corp., General Electric Co., Halliburton and the now-defunct Enron. According to the lawsuit, the two federal agencies should have followed the National Environmental Policy Act and reviewed the projected impacts of the resulting oilfields, pipelines and coal-fired power plants. Had the government done so, it would have realized that the greenhouse-gas emissions from the subsidized fossil-fuel projects equal one-third of the nation's yearly output and almost 10 percent of the world's total, the lawsuit says. Because scientists blame such gases for global warming, the review would have required the agencies to consider investing in alternatives such as renewable energy and efficiency projects. Berndt supports such efforts. And so he and his wife, Anne, decided to join several other citizens and cities including Boulder, Colo., and Oakland, Calif., as plaintiffs in the lawsuit. "We're trying to stimulate some change in policy," he says. "The United States needs to be a leader in the world to bring solutions to climate change." Berndt isn't the only Vermonter involved in the lawsuit. The Burlington law firm of Shems Dunkiel Kassel & Saunders is representing all the plaintiffs. "What we're asking for isn't novel," lawyer Ronald Shems says. "We're hoping federal agencies start complying with federal laws." And stop fueling global warming, Berndt adds. "If my wife and I have no maple trees, we have no farm income, and the aesthetic value of the land will also be devastated," he says in court papers. "If climate change has the predicted impacts, we should start culling trees now as the timber market will become saturated rather quickly once maples start disappearing in large numbers. However, like many people, we are in denial because it is too depressing to consider the loss." Lawyers argued the case in U.S. District Court in San Francisco last April. The hearing came after a judge rejected the government's claims that the case should be dismissed because the agencies hadn't taken any action subjecting them to judicial review and were exempt from the National Environmental Policy Act. "We're just waiting for a decision," Shems says. "It can take a few weeks to approximately a year." The government has declined to comment until a ruling is reached. Berndt, for his part, is hopeful, although he doesn't know how much time the maple industry has left. "There are more people who are starting to get concerned," he says. "We know if we continue along the course we're on, ultimately at some point all the sugar makers will be out of business." |
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Two former Rangers Pleads Guilty to Bank Robbery
Criminal Law |
2007/03/10 17:37
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Two former Army Rangers based at Fort Lewis pleaded guilty on Friday to charges related to an August 2006 bank robbery. Alex Blum, 19, of Greenwood Village, Colo., and Scott A. Byrne, 32, of California, pleaded guilty in U.S. District Court in Tacoma, according to the U.S. attorney for the Western District of Washington. A third Army Ranger, Chad Palmer pleaded guilty in December to charges related to the robbery. A fourth Army Ranger, Luke E. Sommer, who has a dual U.S.-Canadian citizenship is under house arrest in his mother's home in Peachland, B.C., and fighting extradition to the United States.
Blum, who pleaded guilty to conspiracy to commit armed bank robbery and brandishing a firearm during and in relation to a crime of violence, is scheduled to be sentenced by U.S. District Judge Franklin D. Burgess on June 8. Byrne, who pleaded guilty to conspiracy to commit armed robbery, is scheduled to be sentenced on June 1. According to court documents, Sommer recruited Palmer, Blum and two men from Canada, Tigra Robertson and Nathan Dunmall. Blum was recruited to drive the getaway car. Byrne was identified in court documents as a "consultant" for the Aug. 7, 2006, robbery. Byrne was not present at the robbery, the U.S. attorney said, but he advised Sommer to abandon his original plan to rob a casino and identified the bank as a potential target. Byrne also drove Sommer, Robertson and Dunmall to the bus station to catch a bus to Canada. "While driving to the bus station, Sommer told Byrne that robbing the bank was more thrilling than combat and said he could not have organized the robbery without Byrne's help," the U.S. attorney said. Blum drove the getaway car -- his own -- during the robbery, according to prosecutors. The robbers had removed the rear license plate of the car but didn't remove the front one. A witness jotted down the license plate number and authorities traced the car to Blum. Searches at the Army base near Tacoma turned up body armor and money from the bank in the barracks rooms of Blum and Chad Palmer, a fellow Ranger. In Sommer's room, investigators found body armor, $10,000 in cash, two AK-47s and two semiautomatic handguns. Blum was arrested in Greenwood Village while visiting his family. Robertson is scheduled for a change of plea hearing on March 12. Sommer and Dunmall are fighting extradition from Canada. |
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Moore & Van Allen hires former Supreme Court justice
Law Firm News |
2007/03/10 11:01
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Law firm Moore & Van Allen has hired former North Carolina Supreme Court Justice Willis Whichard, the firm said Friday.
Whichard, the only person in North Carolina history to serve in both houses of the state legislature and on both of the state's appellate courts, will practice litigation, with an emphasis on appellate litigation, at Moore & Van Allen. Whichard practiced for 14 years with Powe Porter Alphin and Whitchard, which later merged with Moore & Van Allen. He served in the North Carolina House of Representatives from 1970 to 1974 and in the North Carolina Senate from 1974 to 1980. In 1980, he was appointed by Gov. Jim Hunt to the North Carolina Court of Appeals, and in 1986 he became a justice on the North Carolina Supreme Court. Whichard retired from the bench in 1998 and served as dean of the Norman Adrian Wiggins School of Law at Campbell University from 1999 through 2006. Charlotte-based Moore & Van Allen has 265 attorneys in offices in Charlotte and Durham and in Charleston, S.C. The firm has 40 Triangle attorneys.
http://www.mvalaw.com |
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Wikia Search Challenges Google and Yahoo
Venture Business News |
2007/03/10 10:53
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The online collaboration responsible for Wikipedia plans to build a search engine to rival those of Google Inc. (GOOG.O: Quote, Profile, Research) and Yahoo Inc. (YHOO.O: Quote, Profile, Research), the founder of the popular Internet encyclopaedia said on Thursday. Wikia Inc., the commercial counterpart to the non-profit Wikipedia, is aiming to take as much as 5 percent of the lucrative Internet search market, Jimmy Wales said at a news conference in Tokyo. "The idea that Google has some edge because they've got super-duper rocket scientists may be a little antiquated now," he said. Describing the two Internet firms as "black boxes" that won't disclose how they rank search results, Wales said collaborative search technology could transform the power structure of the Internet. Wales, a former futures trader who has become an evangelist for the free sharing of technology, said users could work together to improve search engines, just as Wikipedia users had tweaked and rewritten articles on the sprawling encyclopaedia. The process of constant improvement would also make search technology less susceptible to spam, he said. Founded in 2004 and now employing a staff of more than 30, Wikia hosts group publishing sites on a wide range of topics from psychology to the Muppets. While Wikia gives away its tools free to users, the company requires that sites built with its resources link to Wikia.com, which makes money through advertising. |
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AT&T and Yahoo! Statement Hurts The Stock
Venture Business News |
2007/03/10 10:52
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Yahoo Inc. and AT&T Inc. are negotiating potentially sweeping changes that could scale back their partnership. Wall Street Journal reports that AT&T wants to trim the scope of the partnership with Yahoo! feeling that its partnership with Yahoo Inc. yields fewer benefits than in the past. Here is the press release from AT&T AT&T Inc. (NYSE: T), the nation's leading broadband, wireless and voice services company, and Yahoo! Inc. (Nasdaq: YHOO), a leading global Internet destination, today responded to speculation regarding their partnership. As part of our ongoing business agreement, Yahoo! and AT&T are constantly discussing opportunities to expand our relationship and associated revenue streams. Current and future plans include: -- Earlier this year, the companies introduced advertising on the front page of the co-branded portal; -- Later this month, the companies are introducing advertising on their co-branded mail service; -- AT&T and Yahoo! are discussing ways to expand the partnership in the mobile arena, now that AT&T has 100% ownership of Cingular (after its acquisition of BellSouth); and -- Yahoo! services will be introduced into AT&T's IPTV experience later this year. According to Randall L. Stephenson, AT&T Chief Operating Officer, "Great partnerships must continuously work together to adapt to changing market conditions and changing strategies. We consider our partnership with Yahoo! a great partnership and want to continue building on our complementary skills and expertise." Terry Semel, Chairman and Chief Executive Officer of Yahoo! said: "Our landmark, strategic partnership set the standard and has given Yahoo! and AT&T the opportunity to create truly innovative offerings for consumers and advertisers. AT&T and Yahoo! have already made adjustments over the years to reflect competitive conditions and the relative benefits each party brings to the relationship. As we continue our conversations, we have a common goal to increase the economic benefits for both parties." |
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Bush ignores Chavez on Latin American tour
International |
2007/03/10 10:48
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President Bush stuck to talk of trade and friendship on Saturday during a Latin American tour, ignoring provocations from ideological rival Venezuelan President Hugo Chavez. With shouts of "Gringo, Go Home!" Chavez staged a Bush protest on Friday night in Buenos Aires, the Argentine capital across the River Plate from Montevideo, where Bush arrived from Brazil on a week long, five-nation tour. Bush refrained from mentioning his leftist nemesis when asked during a press conference after meeting with Uruguayan President Tabare Vazquez whether Chavez should be considered a threat. "I've come to South America and Central America to advance a positive, constructive diplomacy that is being conducted by my government on behalf of the American people," Bush said. "I would call our diplomacy quiet and effective diplomacy." Deeply unpopular in Latin America because of the Iraq war and U.S. trade and immigration policies, Bush is pushing a softer message aimed at improving his reputation and bolstering U.S. influence in the region. Chavez blames U.S.-backed free-market policies for increasing poverty in Latin America and has embarked on a counter-tour during Bush's visit. Bush traveled by helicopter on Saturday to meet Vazquez at his presidential retreat in Anchorena Park, some 125 miles (200 km) west of Montevideo.
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FDA warns on anemia drugs after test deaths
Legal Business |
2007/03/10 10:47
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Responding to a spate of deaths in clinical trials, the Food and Drug Administration yesterday issued its most severe warning possible for drugs widely used to treat anemia in kidney disease patients and cancer patients undergoing chemotherapy. The "black box" warnings placed on the prescribing label for Amgen Inc.'s Epogen and Aranesp and Johnson & Johnson's Procrit are expected to result in more cautious dosing by doctors. Use of the drugs has escalated as physicians have sought to improve the quality of life of anemic patients by using them to stimulate creation of energy-boosting red blood cells. Marketing by manufacturers has reinforced the trend. But the FDA said yesterday that recent clinical trials have shown treatment beyond recommended limits increases the risk of death from heart attack and stroke in kidney patients, and of tumor growth and death in some cancer patients. The agency advised doctors to give patients the minimum dose required to reduce the need for blood transfusions. It said antianemia drugs should not be used in an attempt to improve the quality of life of cancer patients because those claims are unproven. The FDA allowed claims of lifestyle benefits to remain for kidney patients, but said it is re-examining the validity of patient questionnaires about factors used to support the claims. Recent concerns about the potential dangers of antianemia drugs and their overuse have been heightened by Medicare reimbursement policies for kidney dialysis treatment, which provide a profit incentive for clinics to administer more Epogen. Medicare loosened its policy last year to let clinics get paid even if patients exceed the FDA's recommended red blood cell limits. The National Kidney Foundation -- in a set of guidelines paid for by Amgen -- suggested last year that higher targets for red blood cell counts are appropriate, citing statistical studies that showed lower mortality. The foundation is revisiting those guidelines. The new warnings would effectively reduce the red blood cell target to about 10 grams per deciliter, compared with the upper limit of 12 grams that remains on the label, and the 13 grams permitted under last year's updated Medicare policy. The warnings are advisory, and the targets are still left up to the discretion of physicians, the FDA said. The FDA said it has alerted Medicare to its latest findings. A spokesman at Medicare, which spends about $2 billion annually on Epogen for dialysis patients, did not respond to a phone message yesterday. Black box warnings, said Dr. Eric P. Winer, chief of the breast cancer center at Dana-Farber Cancer Institute in Boston, will likely make doctors more cautious about prescribing antianemia drugs. "These are drugs that have been somewhat overused. I don't think it's been without some effort on the marketing end," he said. "There has been a tendency, I think, for patients, and to some extent health providers, to attribute more fatigue to anemia than deserves to be attributed." The warnings tarnished the image of a class of drugs that was among the biopharmaceutical industry's first big triumphs and has generated billions of dollars for Amgen and Johnson & Johnson. Aranesp, which accounted for $4.1 billion in sales last year, is Amgen's second-generation version of the drug. Epogen, its original form, generated $2.5 billion in revenue last year, most of it in federal Medicare reimbursements for its use in dialysis treatment. Amgen makes Procrit, which is identical to Epogen, and licenses Johnson & Johnson to sell it. Procrit sales last year totaled $3.1 billion. Amgen's stock dropped 2.1 percent to $60.86 yesterday. Johnson & Johnson stock slipped 0.7 percent to $62.14. In November, an article in New England Journal of Medicine described a clinical trial of Procrit called CHOIR that was cut short because of higher rates of death from heart attack and stroke in kidney patients receiving larger doses. The dosing regimen in the trial pushed red blood cell counts higher than is recommended by the FDA. The results echoed a study of Epogen in kidney dialysis patients that was suspended in 1996, also due to an unexpectedly high death rate during testing. In October, a trial of Aranesp in Danish patients with head and neck cancers was halted early because of apparent increases in tumor growth. Amgen said it told the FDA about the trial immediately, but it did not alert investors, leading to an informal review disclosed last week by the Securities and Exchange Commission . News of the suspended study was not known until it was reported in February by The Cancer Letter , a trade publication in Washington. In February, Amgen reported on another study of Aranesp in cancer patients not undergoing chemotherapy treatment, which resulted in a higher percentage of deaths. The causes of death have not been disclosed. The FDA has scheduled a May meeting of its Oncologic Drugs Advisory Committee to discuss the new data.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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