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Fla. man who caused flight diversion due in court
Criminal Law | 2010/05/12 08:06

A Florida man accused of causing a trans-Atlantic flight to be diverted to Maine is due in federal court for a detention hearing.

Prosecutors say Derek Stansberry got the attention of the flight crew and passed them a note that said he had a fake passport. Later, he told air marshals that he had dynamite. The April 27 flight from Paris to Atlanta ended up landing at Bangor International Airport.

Defense lawyer Virginia Villa initially sought a competency hearing but she now says that Stansberry is competent. He'll appear before a magistrate judge Wednesday.

The former Air Force intelligence specialist was working for a defense contractor in Africa. Villa says his actions are out of character.



Ohio faced execution drug shortage
Law Center | 2010/05/12 05:05

A worldwide shortage of an anesthetic used in lethal injections almost kept Ohio from proceeding with an execution scheduled this week.

An attorney for the state warned a federal judge last week and again Monday the prisons department might not be able to find enough thiopental sodium for Thursday's execution.

Principal Assistant Attorney General Charles Wille (WIL'-ee) told U.S. District Court Judge Gregory Frost later Monday the prisons department eventually was able to get the proper supply of the anesthetic. That supply includes doses beyond what would be needed to put condemned inmate Michael Beuke (BYOO'-kee) to death for a fatal shooting.

Prisons spokeswoman Julie Walburn tells The Associated Press she doesn't think the shortage will affect other executions.

Beuke says he was brain-damaged at the time of the killing. He's asked for clemency.



N.J. court reverses open public records ruling
Court Watch | 2010/05/11 08:45

A New Jersey court has found that records of settlements reached by insurance companies on behalf of government entities should be open to the public.

In 2008, lawyer Mark Cimino asked used the state's Open Public Records Act to request copies of legal settlements involving Gloucester County government.

The county argued that the settlements were made by insurance companies and that records of them were stored with the firms.

A lower court judge agreed that those factors meant the documents in question were not covered by the open records law.

But today, a three-judge appeals panel reversed the ruling, sending it back to a lower court.



Ex-manager of band The Fray wins round in court
Court Watch | 2010/05/11 08:42

A federal judge agreed Monday that a lawyer for Denver-based band The Fray might face liability in the band's ongoing court battle with a former manager.

The band alleges its former manager, Gregg Latterman, failed to disclose that his company obtained ownership to a portion of the band's music when a publishing agreement was signed in 2005.

In a hearing Monday, U.S. District Court Judge Boyd Boland agreed to consider Latterman's claim that the band's lawyer, J. Reid Hunter of New York, was aware of the publishing agreement and failed to inform the band. Hunter didn't immediately return a call seeking comment.

The band's hits include 2006's "How to Save a Life" and 2009's "You Found Me."

Latterman filed counterclaims alleging breach of contract. He says The Fray owes his company more than $750,000 in commission and expenses.

Latterman claims The Fray tried to end his management contract early and pressured him to accept concessions, including smaller commissions, as the band's popularity grew.



ICC prosecutor visits violent Kenyan slum
Breaking Legal News | 2010/05/11 04:43

The prosecutor of the International Criminal Court met Monday with members of a self-help group in a Nairobi slum that saw some of the most brutal acts committed during Kenya's 2007-2008 postelection violence.

Luis Moreno Ocampo said he visited Kenya's crime-prone Mathare slums to understand the views of some of the victims of election violence, which killed more than 1,000 people. The Mathare slum is known for its high crime rates and the widespread production and consumption of homemade alcohol.

The prosecutor has said he believes crimes against humanity were committed during the violence. Judges at the ICC last month authorized Moreno Ocampo to open an investigation.

"My duty is to understand the views of the victims," Moreno Ocampo said. "It was a short visit and we saw just a little group but this is the beginning. It is important for us to understand what happened to them and how they feel."

Moreno Ocampo arrived in Kenya on Saturday for a five-day visit to meet with victims.

He visited the Mwelu Foundation, a self-help group in Mathare that trains youth in photography, television production and journalism with the hope that they can use this skills to break out of the cycle of poverty.



Movie Gallery plans to close all stores, liquidate
Business | 2010/05/11 02:43

Movie Gallery Inc., the owner of struggling movie rental chain Hollywood Video, is planning to close its remaining stores and liquidate as consumers are increasingly get movies through the mail, vending machines and high-speed Internet connections.

The No. 2 rental chain behind Blockbuster Inc. filed a notice with the U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond late last week that it will terminate its business operations after defaulting on a loan from one of its creditors.

An agreement filed with the court sais the move to close more than 1,900 remaining stores is in the "best interests" of the company and its creditors. The agreement does not specify a time line. It must be approved by a bankruptcy judge.

Phone calls to Movie Gallery and an attorney representing the company were not immediately returned.

The company, based in Wilsonville, Ore., filed for Chapter 11 bankruptcy in February, buckling under the competitive pressure from movies-by-mail service Netflix Inc., DVD kiosk company Redbox and delivery of movies and TV shows over the Internet.



Food Safety Law Firm Investigates Outbreak of E. coli
Breaking Legal News | 2010/05/10 08:40

Richard J. Arsenault of Neblett, Beard & Arsenault in Alexandria, Louisiana, says the latest cases of food poisoning undermine public confidence in our nation's food supply.

Alexandria, La. (PRWEB) May 10, 2010 -- As another outbreak of E. coli spreads across the nation, prompting a multistate recall of lettuce products, a nationally known law firm involved in food safety litigation has called for stricter enforcement of food processing rules and regulations.

“E. coli in any food product is unacceptable, and once again we're seeing an outbreak in a popular and widely distributed food item," said food safety lawyer Richard J. Arsenault, founding partner at Neblett, Beard & Arsenault in Alexandria, Louisiana.

“This type of recall undermines the public’s confidence in our food supply," Arsenault said. "It’s imperative that the safety of our food become a top priority."

On May 6, the U.S. Food and Drug Administration announced a multistate recall of shredded romaine lettuce sold by Freshway Foods of Sidney, Ohio. Tests run by the New York State Public Health Laboratory in Albany discovered the presence of the E. coli 0145 in a package of romaine lettuce.

The recalled romaine lettuce was sold to wholesalers, restaurants, delis and institutions under the brand names Freshway and Imperial Sysco in the following states: Alabama, Connecticut, the District of Columbia, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia and Wisconsin.

Consumers who purchased romaine lettuce from in-store salad bars and delis including those at Kroger, Giant Eagle, Ingles Markets and Marsh stores in the states previously listed should throw the product away, according to a recall notice on the FDA site. Bulk, prepackaged romaine or bagged salad mixes containing romaine that were purchased in supermarkets are not included in the recall; Freshway Foods does not produce those products, according to the FDA.

So far, victims of the illnesses are mostly college students in Ohio, Michigan and New York, but the outbreak may expand as the recall spreads public awareness of the hazard. As of May 7, there are 19 individuals that have become ill from E. coli O145 with as many as 10 other illnesses the CDC suspects are linked. Many of the victims have been hospitalized and three of the victims have developed hemolytic uremic syndrome (HUS), a life threatening complication. The food safety attorneys at the law offices of Neblett, Beard & Arsenault are currently investigating claims on behalf of E. coli victims who believe their illnesses are part of this multistate outbreak.

Fruits and vegetables, like romaine lettuce, can carry pathogens from the soil or water, or become contaminated during processing. Leafy greens are the produce most often associated with foodborne illness. It is not yet known how the lettuce may have become contaminated with E. coli 0145, but the FDA is investigating a lettuce farm in Yuma, Arizona.



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