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Official: 2 men settle suits alleging priest abuse
Court Watch | 2009/09/14 03:37
Two men who filed lawsuits alleging they were sexually abused by a former priest have reached settlements with the Roman Catholic Diocese of Pueblo, a newspaper reported Sunday.

Monsignor Mark Plewka of the diocese confirmed the settlements with a man and his nephew, The Pueblo Chieftain said.

The man alleged Andrew Burke abused him from 1970-78. The lawsuits accuse Burke of establishing a similar relationship with the man's nephew.

Burke left the priesthood in 1973. He committed suicide in September 2005 at age 62, after reporters asked questions about the allegations.

The man had sought $1.8 million from the diocese and the release of Burke's personnel file.

Terms of the settlements weren't disclosed, but Burke's file was not released.

Another man who alleges Burke abused him previously won the right to look at Burke's personnel file, which may show how early the diocese was aware of allegations of abuse.

The Colorado Supreme Court recently affirmed a decision by a Pueblo District judge compelling the diocese to release Burke's file to the John Doe accuser.

Plewka and lawyer Adam Horowitz, who represents the accuser, said last week the diocese provided Burke's file to the plaintiff's lawyers.



Supreme Court could loosen cap on corporate political spending
Law Center | 2009/09/14 02:37

The Supreme Court's conservative bloc sounded poised Wednesday to strike down on free-speech grounds a 102-year-old ban against corporations spending large amounts of money to elect or defeat congressional and presidential candidates.

If the justices were to issue such a ruling in the next few months, it could reshape American politics, beginning with the congressional campaign in 2010. Big companies and industries -- and possibly unions as well -- could fund campaign ads to support or defeat members of Congress.

For example, the health insurance industry would have a much greater ability to target for defeat lawmakers who supported a so-called public option for medical insurance. Banks and investment firms could oppose representatives who favored stricter regulation of the financial industry.

And far more money could flow into elections. Last year, the political parties spent about $1.5 billion on campaigns, while corporations earned more than $600 billion in profits.

Since 1907, federal law has prohibited corporations from giving money to candidates. And since 1947, corporations and unions have been barred from spending money on their own to urge voters to elect or defeat federal candidates.

Of course, corporate executives, as individuals, can contribute money to a corporate political action committee, or PAC, but these amounts are modest compared with the funds available to corporate treasuries.



James P. Collins Returns to the O'Reilly Law Firm
Law Firm News | 2009/09/11 09:44

The O'Reilly Law Firm is very pleased to announce the return of James P. Collins to the noted trial law firm headquartered in San Mateo, effective immediately. The name of the firm is now O'Reilly II Collins. 

Collins was a founding member of the firm in 1987, originally known as O'Reilly & Collins.  In 2002, Collins left the firm in order to teach algebra and coach football and rugby at Menlo Atherton High School, a public school located in Atherton, California. 

A graduate of UC Berkeley and University of San Francisco Law School, Collins first worked as an Assistant District Attorney in San Francisco, then with Gerry Sterns's trial law firm before joining O'Reilly to form their own firm.

O'Reilly & Collins soon became pre-eminent in the field of aviation law,winning many air disaster cases for plaintiffs with scores of multi-million judgments and settlements.  The firm also won major product liability cases that received national media attention.  Collins investigated, prosecuted and won many landmark cases involving tires and improper tire replacements which led to loss of control by cars on wet roads, resulting in many deaths and serious injuries to consumers.  Collins's thorough investigations of the causes of these accidents led to important changes in the tire replacement industry that resulted in many lives being saved.

O'Reilly said, "Obviously, I am extremely happy to welcome Jim back in the fold.  He is a great friend and a great trial lawyer.  It is also a reunion of my old teammate, for we both played for the Old Blues Rugby Club of Berkeley, one of the great rugby clubs in the United States, and national champions." Collins lives in San Carlos.

In 2008, the firm set a record for judgments and settlements of air disaster with $300 million in awards for its plaintiffs.   www.oreillylaw.com



Oregon crash defendant tries to make amends
Court Watch | 2009/09/11 09:42
No one disputes that Jack Alvord, driving drunk, struck a blind man on a sidewalk and then drove off. Still, even the prosecutor and the victim agree that Alvord has gone to great lengths to make amends.

Alvord pleaded guilty last month to drunken driving, third-degree assault and reckless driving in Multnomah County Circuit Court. He also pleaded no contest to hit-and-run driving.

On Thursday, Judge Michael McShane sentenced him to 22 months in prison.

Defense lawyer Jim O'Rourke told the court that Alvord booked himself into a 30-day residential treatment center. He pushed his insurance company to settle with his victim for $1.25 million. Once he is out of prison, he has agreed to sit beside the man he injured, Norman Larkin, and tell other drunken drivers what happened when he made the decision to drink and drive.

Larkin says he now considers Alvord "a new friend." The 51-year-old Larkin suffered a broken pelvis and broken legs when Alvord's car jumped onto the sidewalk Feb. 7 and pinned him against a utility pole.

Fourteen people saw the crash and some followed Alvord, 61, as he drove off. They boxed him in less than a mile away.

Alvord had a blood-alcohol level of 0.30 percent, approaching four times the legal intoxication threshold.

Larkin acknowledges he was angry and in a lot of pain for a few weeks but says he now believes Alvord is truly remorseful.



Taiwan court convicts former President Chen
International | 2009/09/11 09:40

News reports say a Taiwan court has imposed a life sentence on former President Chen Shui-bian after convicting him of corruption.

Friday's verdict came as hundreds of Chen supporters demonstrated outside a downtown Taipei court holding flags and banners saying "free him" and "Chen's innocent."

Six TV stations say a three-judge Taipei District Court panel has found the 58-year-old Chen guilty on multiple corruption counts.

Chen was charged with embezzling $3.15 million during his 2000-2008 presidency from a special presidential fund, receiving bribes worth at least $9 million in connection with a government land deal, laundering some of the money through Swiss bank accounts, and forging documents.



Court: Employer must pay for weight-loss surgery
Breaking Legal News | 2009/09/11 06:40

The Indiana Court of Appeals has ruled that a pizza shop must pay for weight-loss surgery for an obese employee to ensure the success of another operation for a back injury he suffered at work.

The decision is raising concern among businesses bracing for more such claims.

Boston's The Gourmet Pizza cook Adam Childers of Schererville weighed 340 pounds when he was injured by a freezer door. Doctors said he needed back surgery, but it wouldn't be successful unless he had weight-loss surgery first.

Boston's argued it shouldn't have to pay because Childers' weight was a pre-existing condition.

But a workers' compensation board and the court said the company had to pay because his weight and the accident created a single injury.



Court approves Frontier reorganization
Bankruptcy | 2009/09/10 09:36

Frontier Airlines has received bankruptcy court approval of its reorganization plan, the Denver-based carrier announced today.

The action by the U.S. Bankruptcy Court for the Southern District of New York is the last major hurdle before Frontier emerges from bankruptcy.

Republic Airways Holdings is expected to acquire all of the assets of Frontier and its subsidiary, Lynx Aviation, on about Oct. 1.

"This is an extremely proud day for everyone in our company," said Frontier chief executive Sean Menke. "Many people doubted that we would even survive, let alone accomplish a successful reorganization, provide a recovery for our creditors and emerge a stronger competitor and company."

Menke, who thanked Frontier and Lynx employees for their hard work and sacrifice, said the airline will be "a successfully restructured airline, well-positioned to be a competitive, successful, sustainable airline for years to come."



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