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Kagan confirmation would affect major tobacco case
Law Center | 2010/06/14 08:53

It's a simple matter of math: Elena Kagan's nomination to the Supreme Court has complicated the government's effort to force the tobacco industry to cough up nearly $300 billion.

If confirmed by the Senate as a justice, Kagan would have to sit out high court review of the government's decade-old racketeering lawsuit against cigarette makers. That's because she already has taken sides as solicitor general, signing the Obama administration's Supreme Court brief in the case — an automatic disqualifier.

Kagan is expected to step aside from 11 of the 24 cases the court has so far agreed to hear beginning in October.

Without her, the government and anti-tobacco advocates could find it difficult, if not impossible, to find a fifth vote to allow the government to seek $280 billion of past tobacco profits and $14 billion for a national campaign to curb smoking.

The justices are expected to consider whether to take up the tobacco lawsuit at their private conference on June 24. If they decide to go ahead, they would hear argument in the fall or winter.



Jackson doctor fighting to keep medical license
Court Watch | 2010/06/14 04:53

Nearly a year after he went from anonymity to notoriety, Michael Jackson's doctor returns to court for a pretrial hearing that will determine when he goes to trial and what he will be able to do in the meantime.

Dr. Conrad Murray is likely to face the usual placards and catcalls from Jackson fans denouncing him outside the courthouse and members of Jackson's family glaring at him inside the courtroom Monday.

First on the agenda will be Murray's fight to retain his California medical license. He has not been practicing in the state, but his attorney, Ed Chernoff, has maintained that loss of his license here would have a domino effect on his practices in Texas and Nevada.

Chernoff said in documents filed Friday that those two states have reached agreements to allow Murray to practice as long as he abides by a judge's order not to administer anesthetics such as propofol, which was blamed in Jackson's death.



Obama plans fourth tour of Gulf oil spill
Politics | 2010/06/14 03:52

Struggling to show leadership in a crisis, President Barack Obama is embarking on a three-state tour of Gulf Coast states tainted by oil before speaking to the nation about the country's worst environmental disaster and what to expect in the weeks ahead.

Before the start Monday of a two-day trip to Mississippi, Alabama and Florida, the White House announced Obama would order BP to establish a major victims' compensation fund. When he returns to Washington on Tuesday evening Obama will use his first Oval Office speech as president to address the catastrophe.

BP said in a statement that its costs for responding to the spill had risen to $1.6 billion, including new $25 million grants to Florida, Alabama and Mississippi. It also includes the first $60 million for a project to build barrier islands off the Louisiana coast. The estimate does not include future costs for scores of damage lawsuits already filed.

Obama's first three trips to the Gulf took him to the hardest-hit state, Louisiana. On Monday, Day 56 since BP's leased Deepwater Horizon drilling rig exploded and unleashed a fury of oil into the Gulf, he's flying to Gulfport, Miss. From there he'll travel along the coast to Alabama, where oil was washing up in heavy amounts along the shores Sunday in the eastern part of the state.



Calif. high court to hear church's property appeal
Court Watch | 2010/06/14 02:56
The California Supreme Court has decided to hear an Orange County church's appeal to keep its beachfront church property, despite breaking away from the main Episcopal Church.

St. James Anglican Church, a theologically conservative breakaway church, has waged a nearly six-year fight to keep the church property instead of returning it to the Diocese of Los Angeles.

St. James is one of several dozen individual parishes and four dioceses nationwide that voted to split from the national church after the 2003 consecration of the first openly gay Episcopal bishop.

State courts have sided with the Los Angeles diocese throughout the six-year legal case. The church lost its petition to have the case heard in the U.S. Supreme Court last year.



OJ jury makeup, judge conduct questioned in appeal
Criminal Law | 2010/06/14 02:55
The racial makeup of the jury and the conduct of the judge who oversaw O.J. Simpson's conviction have emerged as key issues in the former football star's appeal for the Nevada Supreme Court to overturn his conviction in a gunpoint Las Vegas hotel room heist.


"Mr. Simpson really believed he was recovering his own property," Simpson attorney Yale Galanter told a three-justice panel hearing oral arguments in Las Vegas on Friday. "Our theory of defense was never put before the jury."

Clark County District Attorney David Roger called the September 2008 trial contentious but fair, and the sentences just. He urged the justices to deny both appeals.

After Galanter characterized Simpson's conviction as prejudicial "payback" for his 1994 double-murder acquittal, justices Michael Cherry, Mark Gibbons and Nancy Saitta posed pointed questions about whether convicted co-defendant Clarence "C.J." Stewart received a fair trial alongside Simpson.

Both men were convicted of kidnapping, armed robbery, conspiracy and other crimes for what Simpson maintained was an attempt to retrieve family photos and mementoes. Four other men took plea deals and received probation after testifying for the prosecution.



Taiwan court cuts Chen's jail term to 20 years
International | 2010/06/14 01:54
In a surprise decision, Taiwan's high court Friday cut ex-president Chen Shui-bian's life sentence for corruption to 20 years in jail, but the former leader said he would appeal.

The court, which also reduced former first lady Wu Shu-chen's life term to 20 years imprisonment, said it had reached the decision after concluding that Chen had embezzled less money than previously assumed.

"I thank the judges for the lighter sentence, but I will still appeal the ruling," said Chen, looking thinner and sporting longer hair than during his heyday as president from 2000 to 2008.

Chen was speaking after his reduced sentence was announced, while taking part in a detention hearing.

The court said it would give Chen a written reply later about whether it planned to keep him in detention while he prepared his appeal.



Lawsuit alleges Palace ex-staffers took secrets
Breaking Legal News | 2010/06/11 09:17
The company that owns the Detroit Pistons is alleging that former employees stole trade secrets when they quit to join a former executive at a sports-and-entertainment rival.

The Detroit News says Thursday that a lawsuit filed by Palace Sports & Entertainment in Oakland County Circuit Court demands the return of confidential records and seeks a cash award.

Palace says at least nine ex-employees have joined Tom Wilson at Ilitch Holdings, which controls the Detroit Tigers and Detroit Red Wings.

Wilson was the head of the Pistons and Palace Sports until he resigned in February. He is not a defendant in the lawsuit.

Palace Sports says it lost information that could be used to attract sponsors and vendors. Olympia Entertainment, an arm of Ilitch Holdings, calls the lawsuit "sour grapes."



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