CDC, COUNTY AND ILLINOIS STATE HEALTH DEPARTMENT REPORTS ARE “INADMISSIBLE,” JUDGE RULES;

A state court judge is barring from evidence studies by the U.S. Centers for Disease Control (CDC), Illinois Department of Health, and the McHenry County Health Department in what is believed to be the largest brain cancer cluster cases in the U.S. courts. The first trial in the group of 31 cases is to begin here on June 7.

Court of Common Pleas Judge Allan Tereshko last week ruled against Rohm & Haas/Dow Chemical, the defendant, deciding that the public health epidemiological studies are “irrelevant” to the case and “can only serve as a source of confusion and misdirection.”

The brain cancer cluster victims from McCullom Lake, Illinois, are asserting that Philadelphia-based Rohm & Haas, a wholly-owned subsidiary of Dow, poisoned the air and groundwater in the McCullom Lake community with vinyl chloride (among other toxic chemicals) discharged from its chemical-manufacturing plant into an unlined waste pit near their homes. The Plaintiffs allege that prolonged exposure caused them to contract rare malignant brain cancers and brain tumors; 10 of the victims have died.

The first three brain cancer victims – next-door neighbors who were each diagnosed with malignant brain cancer within the same year – filed suit in April 2006.  Less than a month later, the McHenry Health Department, using outdated cancer-rate data (based on zip codes) for the area that includes McCullom Lake, told local residents there was no epidemiological evidence of a brain cancer cluster.  McCullom Lake’s population is only about 1,000 people; the population of its zip-code region is roughly 50,000.   Later, the state Department of Health announced that more recent data showed that there was no epidemiological evidence of a brain cancer cluster in McHenry County – population more than 300,000.  Under public pressure, the county government then asked the CDC to review the analyses of the two health departments. 

The Court’s order comes after attorneys for Rohm and Haas/Dow have claimed in pre-trial proceedings and in the news media that no public agency has found a brain cancer cluster in McCullom Lake.  Their statements rely on the flawed studies that the judge has now ruled inadmissible, according to Aaron J. Freiwald, lead trial attorney for the plaintiffs.

“The studies cited by the defendant were about as valid in this case as if you did a study of brain cancer rates in the entire state of Illinois or in all of the Western Hemisphere,” Freiwald said.  “They, too, wouldn’t tell you anything about brain cancer rates in McCullom Lake. When you do the math, using reliable, objective data, there is no escaping the fact there was and is a cancer cluster in McCullom Lake Village.”

The trial Court, in granting Plaintiff’s Motion to Preclude evidence of the studies, noted that the studies supported by the defendants “do not attempt to discretely address the pattern of brain cancer represented in the significantly smaller subset which is the Village.”

The first brain cancer cluster case to go to trial will be on behalf of Joanne Branham, who lived with her husband Franklin Delano Branham in McCullom Lake for 30 years.  Mr. Branham was diagnosed with glioblastoma, a lethal form of brain cancer, in 2004, just a few years after he and Joanne relocated to Apache Junction, Arizona, near Phoenix. He died just one month after brain surgery. 

Jury selection is scheduled for June 3rd. 

Contacts:
Aaron J. Freiwald, Esq.
ajf@layserfreiwald.com
215.875.8000
Stephan Rosenfeld (for Layser & Freiwald)
215.514.4101
steph@idadvisors.com

File-sharing software company LimeWire has lost a long-running court battle to the major recording companies.

A judge with the U.S. District Court in New York ruled this week that the company and its chairman, Mark Gorton, were liable for inducing copyright infringement.

The decision in the case, which began in 2006, doesn't mean the site will shut down right away. The record labels and LimeWire are to meet with Judge Kimba Wood on June 1 to determine the next steps, such as a possible deal to work together going forward and a potential award for damages.

Recording Industry Association of America Chairman Mitch Bainwol said in a statement Wednesday that the ruling was "an extraordinary victory" against one of the largest remaining file-sharing services in the United States.

The RIAA said more than 200 million copies of LimeWire's file-sharing software have been downloaded so far, including 340,000 in the last week alone.

The ruling could pave the way for a deal, similar to the way Napster was sued out of existence in 2000 but was reborn and is now under the ownership of Best Buy Inc. with licensing deals with all the major recording companies.

"This isn't about getting something shut down, it's about getting something licensed and legal," said Steve Marks, general counsel for the RIAA.

The Spanish judge who became an international hero by going after Augusto Pinochet and Osama bin Laden was suspended Friday for allegedly abusing his authority by investigating what is arguably Spain's own biggest unresolved case: atrocities committed during and after its ruinous Civil War.

The punishment could effectively end Judge Baltasar Garzon's career.

The unanimous decision by a judicial oversight board, the General Council of the Judiciary, was made during an emergency meeting about Garzon, said its spokeswoman, Gabriela Bravo.

Supporters chanted, cheered and clapped later as Garzon emerged from the nearby National Court, where he works. He hugged co-workers and appeared to be holding back tears before getting into a bulletproof limousine and riding away.

Garzon, 54, famous worldwide for his cross-border justice cases, has been removed from his post pending his trial on charges of knowingly going beyond the limits of his jurisdiction in 2008 by investigating the execution or disappearance of more than 100,000 civilians at the hands of supporters of Gen. Francisco Franco during the 1936-39 Spanish Civil War or in the early years of the Franco dictatorship.

A federal appeals court on Friday granted Dish Network Corp. a rare, full-court review of a ruling it had earlier lost to TiVo Inc., one that could have resulted in the satellite TV company disabling millions of digital video recorders.

Instead, the U.S. Court of Appeals for the Federal Circuit in Washington breathed new life into litigation that Dish has consistently lost to TiVo. Dish's decision to seek an "en banc" review was seen as CEO Charlie Ergen's last straw effort as damages mounted. Ergen had even believed that the appeals court was unlikely to grant it.

Shares of DVR pioneer TiVo fell by $6.52, or 37.5 percent, to $10.87 in midday trading. Dish rose by $1.22, or 5.6 percent, to $23.18.

But it's uncertain whether Dish will have eventual victory given that TiVo has prevailed in a series of other court rulings.

TiVo sued Dish in 2004 for patent infringement over a technology that stored and retrieved video on DVRs, which lets viewers pause, rewind and replay live TV. Dish lost the case on appeal, paid TiVo $104.6 million in damages and interest and was barred from using the technology.

A bounced check for $40 tipped off a Chicago law firm to a trusted employee's scheme that, over nearly seven years, drained more than $880,000 from the firm's bank account, Cook County prosecutors said Wednesday.

Joan M. Sanchez, 52, 10445 Linder Ave., Oak Lawn, spent nearly $48,000 of the stolen money on lunches, State's Attorney Anita Alvarez said.

Sanchez had spent 24 years with the downtown firm of Kelly Olson Michod Dehann & Richter, including 21 years as office manager.

"It's a terrible breach of trust," said Stephen Cohen, an attorney with the firm.

Chicago police arrested Sanchez on Tuesday at her home, and Circuit Judge Maria Kuriakos-Ciesil set bail Wednesday at $100,000.

Alvarez said the thefts began in October 2002 and continued through April 2009. During that time, Sanchez wrote 234 unauthorized checks from the firm's business account, Alvarez said.

She said Sanchez forged the signature of one of the firm's partners on the checks, created fake entries in the firm's ledger to make it look as though the checks were issued to legitimate vendors and then voided the checks.

Prosecutors allege that Sanchez wrote 176 checks, totaling $836,500 and made payable to herself, and deposited them in her personal checking account at a Chicago bank.

Another 58 checks totaling $47,799 were written by Sanchez and made payable to a lunch club at the Chicago Mercantile Exchange, where she often dined with her mother, Alvarez said.

The scheme came to light while Sanchez was vacationing in Hawaii and a $40 reimbursement check drawn on the firm's bank account bounced, even though the ledger showed ample funds in the account, prosecutors said.

Cohen said the firm had little to say about the matter.

"The matter is in the hands of the state's attorney, and our position is they're handling it, and we don't want to do anything to jeopardize their case," he said.

Ohio executed a hitchhiker Thursday who admitted to killing one motorist who gave him a ride and shooting two others during a three-week string of shootings that terrorized the Cincinnati area in 1983.

Michael Beuke, 48, died by lethal injection at 10:53 a.m. EDT at the Southern Ohio Correctional Facility in Lucasville, about 90 minutes after the Ohio Supreme Court turned down his final appeal.

While on the gurney, Beuke recited the Roman Catholic rosary for 17 minutes before he died, choking back tears as he repeatedly said the Hail Mary. He also expressed his sorrow to the families of his three victims.

Beuke, dubbed by the media as the "homicidal hitchhiker," spend a quarter century on death row, where he said he had a spiritual conversion. He expressed remorse for his crimes and said in an unsuccessful request for clemency that he accepted responsibility and prayed "that God will ease the pain I have caused my victims."

Beuke was emotional as the hour of his death neared, crying frequently in his cell at the Lucasville prison, said Julie Walburn, an Ohio prisons spokeswoman.

He was convicted Oct. 5, 1983, of aggravated murder for the death of Robert Craig, 27, of Cincinnati and was sentenced to death. He also was found guilty of the attempted slayings of Gregory Wahoff of Cincinnati and Bruce Graham, then from West Harrison, Ind.

The top Republican in the Senate demanded assurances on Wednesday that President Barack Obama's solicitor general and friend, Elena Kagan, would be free of White House influence if confirmed as a Supreme Court justice.

"Americans want to know that Ms. Kagan will be independent," Minority Leader Mitch McConnell said in a Senate speech as Obama's Supreme Court pick began a series of courtesy visits with senators who will decide whether to confirm her.

McConnell noted that when Obama nominated Kagan to the Supreme Court on Monday, he said that "they're friends."

"It's my hope that the Obama administration doesn't think the ideal Supreme Court nominee is someone who would rubber stamp its policies," McConnell said. "But this nomination does raise the question. And it's a question that needs to be answered."

For the past year, Kagan, 50, has been Obama's solicitor general, a post in which she argues cases on behalf of the U.S. government before the Supreme Court. She is widely expected to be approved for a seat on the high court by the Democratic-led Senate before lawmakers' August recess.

Yet with Republicans' conservative base fired up for the November congressional election, McConnell and other Republicans are expected to subject her to tough scrutiny.

Kagan is seen as a moderate, and much of Obama's largely liberal base had been pushing for a more liberal nominee.