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High court sides with ex-Enron CEO Skilling
Breaking Legal News | 2010/06/24 08:56

The Supreme Court has sided with former Enron CEO Jeffrey Skilling in limiting the use of a federal fraud law that has been a favorite of white-collar crime prosecutors.

The court said Thursday that the "honest services" law could not be used in convicting Skilling for his role in the collapse of Enron. But Justice Ruth Bader Ginsburg said in her majority opinion that the ruling does not necessarily require Skilling's conviction to be overturned.

During arguments in December and March, several justices seemed inclined to limit prosecutors' use of this law, which critics have said is vague and has been used to make a crime out of mistakes and minor transgressions in the business and political world.

The court, at the same time, rejected Skilling's claim that he did not get a fair trial in Houston because of harshly critical publicity that surrounded the case in Enron's hometown.

The court in this ruling also sided with former newspaper magnate Conrad Black, setting aside a federal appeals court decision that had upheld Black's honest services fraud conviction. But as in Skilling's case, the justices left the ultimate resolution of the case to the appeals court.

The justices also threw out an appeals court ruling against former Alaska legislator Bruce Weyhrauch, who is facing charges under the honest services law.

Thursday's ruling could affect the ongoing prosecution of former Illinois Gov. Rod Blagojevich and the convictions of former Alabama Gov. Don Siegelman and ex-HealthSouth CEO Richard Scrushy.



Legal deal for sick 9/11 workers back in NYC court
Legal Business | 2010/06/23 09:58

Lawyers for thousands of Sept. 11 responders are back in a New York City court trying to rally support for a deal that would end a seven-year legal fight over the toxic fallout caused by the collapse of the World Trade Center.

U.S. District Judge Alvin Hellerstein earlier this month gave his preliminary approval to a deal that would resolve lawsuits filed by nearly 10,000 police officers, firefighters and construction workers suing the city over their exposure to toxic ash. He was scheduled to hear more testimony on the settlement Wednesday.

Opponents of the deal may be given a chance to speak against it, although the judge has indicated he favors it.

The settlement would pay between $625 million and $712.5 million, depending on how many people take it.



Utah Supreme Court: Online petition signatures OK
Law Center | 2010/06/23 09:56

The Utah Supreme Court says state election officials must accept online petition signatures that are turned in to get individuals on the ballot.

The justices announced the unanimous decision Tuesday as voters went to the polls for primary elections.

The issue was raised by an independent candidate for governor. Farley Anderson's paperwork included more than 150 e-signatures and was rejected by the lieutenant governor's office.

Utah law acknowledges that electronic signatures are valid substitutes for handwritten ones, but the state attorney general's office argued that e-signatures could not be counted because election law only contemplates a paper-based system.

Farley's attorney argued that the state denied Farley his constitutional right to ballot access.



Fellow law clerks endorse Kagan for court
Political and Legal | 2010/06/23 09:56
A broad group of former law clerks who worked with Elena Kagan at the Supreme Court some 20 years ago are calling her exceptionally well-qualified to be a justice. Twenty-nine people who were fellow clerks from 1987 to 1988, when Kagan worked for former Justice Thurgood Marshall, are writing to the Senate Judiciary Committee to endorse her.

They span the ideological spectrum, including former clerks to Justice Antonin Scalia, the court's conservative icon, and to one of its most liberal stalwarts, former Justice William Brennan.

Vice presidential chief of staff Ron Klain is one of the signers, as are conservative lawyers Miguel Estrada and Peter Keisler, two of former President George W. Bush's failed judicial nominees.



5 militia men must stay locked up awaiting trial
Criminal Law | 2010/06/23 04:57

Five members of a Midwest militia charged with conspiring to rebel against the government and use weapons of mass destruction will remain in jail while awaiting trial, an appeals court said Tuesday, reversing a decision by a federal judge.

Each man is dangerous and "no conditions of release will reasonably assure the safety of the community," two judges on the three-judge panel said.

During a series of raids in late March, authorities arrested nine members of a southern Michigan group called Hutaree. The government claims they were scheming to kill a police officer, then attack law enforcement who attended the funeral, in the first steps toward a broader rebellion.

Over prosecutors' objections, U.S. District Judge Victoria Roberts had said they could await trial at home under strict conditions, including electronic monitors. The government later dropped its opposition to releasing four but took her decision on the other five to the 6th U.S. Circuit Court of Appeals.

Defense lawyers say the men legally possessed weapons and that any talk of killing people was simply stupid, hateful speech with no specific targets planned.



Gonzalez Saggio & Harlan opens Atlanta office
Legal Marketing | 2010/06/23 03:59

The Milwaukee-based law firm of Gonzalez Saggio & Harlan LLP, recognized as one of the nation’s largest minority-owned law firms, said Tuesday that it has opened an Atlanta office.

The June 1 opening in the Atlanta Financial Center in Buckhead, Ga., becomes the firm's 15th location and extends the law firm’s national presence.

Joining the firm in Atlanta are a founding partner and two attorneys from the Atlanta office of another minority-owned law firm, Adorno & Yoss. Two other administrative personnel also left the Miami-based firm for Gonzalez Saggio & Harlan.

Although Gonzalez Saggio & Harlan formed in Milwaukee in 1989. In the late 1990s, the firm expanded when it opened an office in Des Moines, Iowa, and then grew further, opening offices in Cincinnati, Cleveland and Columbus, Ohio; Indianapolis; and Chicago.

More recently, it added offices on the East and West coasts, opening a New York City office in 2007 and a Los Angeles office a year ago.

Other office locations include Las Vegas.; Nashville, Tenn.; Phoenix; Washington, D.C., and Wayne, N.J.

Gonzalez Saggio has minority-owned certification from the National Minority Supplier Development Council, a required designation for companies that use minority-certified vendors and recognizes minority-owned businesses with nationwide proven capability.



Subway Lawsuit to be Filed by Pritzker Olsen Law Firm
Law Firm News | 2010/06/23 03:58

Food safety law firm Pritzker Olsen is preparing to file a lawsuit on behalf of a woman from central Illinois who was hospitalized in the Subway Salmonella Hvittingfoss outbreak.

“Our client ate a sandwich and ended up in the hospital. This should never happen in our country”
.The 52-year-old resident of Tazewell County is one of at least 97 people who have tested positive for the same strain of Salmonella in an outbreak linked to more than 40 Subway locations in 28 Illinois counties. Pritzker Olsen is in contact with other victims.

Attorney Fred Pritzker said the client ate an oven-roasted chicken sub on May 11 at the Subway on 603 Jackson Street in Morton, Illinois. She was hospitalized for several days after suffering gastroenteritis and cramping with severe vomiting.

“Our client ate a sandwich and ended up in the hospital. This should never happen in our country,” Pritzker said. “Stringent sanitation requirements should be in place all along the food chain, and federal and state health officials should be given the authority and money needed to enforce the laws. Large restaurant chains should require suppliers to regularly test for Salmonella and other dangerous pathogens.”

Pritzker Olsen is also representing victims of a shigellosis outbreak associated with the Subway restaurant in Lombard, Illinois. The firm filed a lawsuit in March of this year on behalf of one of the victims, a resident of DuPage County, Illinois, who battled a severe Shigella infection for two weeks. The Subway lawsuit alleges that the outbreak was caused by sick food handlers at the restaurant.

Although contaminated food was the source of this current outbreak linked to certain Subway restaurants in Illinois, health officials are concerned that sick food handlers may continue to spread Salmonella Hvittingfoss. To prevent this, the Illinois Department of Public Health is requiring food handlers in 46 Subway restaurants to have two consecutive test results that are negative for Salmonella Hvittingfoss before being allowed to return to work.

For more information, visit http://www.pritzkerlaw.com or contact Pritzker Olsen law firm at (612) 338-0202. Pritzker Olsen offices are located at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesota 55402.



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