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MA. court to weigh Wal-Mart discrimination case
Breaking Legal News | 2009/02/02 08:33
The state’s highest court is set to hear arguments this week in the case of a former Wal-Mart pharmacist who claimed she was fired after asking to be paid the same as her male colleagues.


Cynthia Haddad filed the gender discrimination lawsuit after she fired in April 2004 after 10 years at the Pittsfield Wal-Mart.

In 2007, a Berkshire Superior Court awarded Haddad nearly $1 million in compensatory damages and $1 million in punitive damages. The company appealed.

A judge upheld the compensatory damages but agreed to revoke the punitive damages, saying there was insufficient basis for the jury’s decision.

On Thursday, both sides make their case on the issue of the punitive damages before the Supreme Judicial Court.



Ousted Illinois governor's next fight is in court
Political and Legal | 2009/02/02 08:33
Now that he's been ousted from the governor's office, Rod Blagojevich is pinning his hopes of staying out of prison on a father-and-son duo of defense attorneys, one of whom grabbed the limelight at R&B superstar R. Kelly's sex tape trial.


"These are two of the most flamboyant attorneys in town," DePaul University law professor Leonard Cavise says of the team of Sam Adam and his son, Samuel E. Adam.

Cavise predicts fireworks if Blagojevich goes to trial on federal corruption charges, including allegations that he tried to sell the Senate seat vacated by President Barack Obama.

Federal prosecutors are expected to obtain an indictment by April. Blagojevich was arrested by FBI agents in December and was booted from office Thursday when a state Senate impeachment trial ended with a 59-0 vote against him.

Some are already questioning the Adams' legal strategy — including their decision to let Blagojevich go on a whirlwind New York media tour before his impeachment trial ended, fielding questions about the criminal case from Barbara Walters, Diane Sawyer, Larry King and more.

Blagojevich also gave an impassioned closing argument to senators before they removed him from office, although he didn't testify under oath.

His unwillingness to stay quiet cost him the help of his former lead attorney, Edward M. Genson, who announced he was withdrawing from the case before the media blitz.

Lawyers say Blagojevich tipped his hand about a possible defense when he said in his Senate plea that he had no intent to commit any crime.



Chinese dissident's trial postponed, lawyer says
International | 2009/02/02 08:32
A Chinese court has delayed the trial of an activist who criticized the government's earthquake response, the man's lawyer said Monday.

Mo Shaoping, who is representing activist Huang Qi, said the postponement came after he protested that the original starting time of Tuesday morning _ announced only on Monday _ left him less than 24 hours to study the indictment and build a defense against the charge of possessing state secrets.

Mo said the judge has yet to fix the later date.

Earlier Monday, Mo, one of China's best-known human rights lawyers, had said that the sudden announcement of the trial date was illegal and accused the court of "intentionally creating difficulties." According to Mo, rules demand that lawyers be informed of a trial date at least three days in advance.

Telephones at the court in Chengdu, Sichuan's capital, rang unanswered Monday.

Huang had posted articles on his Web site 64Tianwang.com criticizing the government's response to last May 12's magnitude-7.9 temblor after visiting affected areas and meeting parents who lost their children in the collapse of badly built schools.

Public complaints by parents who blamed corruption and shoddy construction for school collapses have since became an extremely sensitive issue.



Wis. lawmaker to make initial court appearance
Law Center | 2009/02/01 08:40
A lawmaker is scheduled to appear in Columbia County Circuit Court on Wednesday to face drunken driving and marijuana charges.

Rep. Jeffrey Wood, an independent from Bloomer, is scheduled to make his initial appearance on charges of third-offense operating while intoxicated, possession of marijuana and possession of drug paraphernalia.

Wood was arrested in December while making a 200-mile drive home after a night of drinking in Madison.

Drivers called 911 to report Wood's erratic driving, which included smashing into a highway sign. A state trooper found Wood urinating on the shoulder of Interstate 39-90 and arrested him. A search of his vehicle turned up two bags of marijuana.

Wood has apologized for poor judgment but resisted calls to resign.



Miner's Widow Seeks $37M In Damages
Breaking Legal News | 2009/02/01 08:34
The widow of an eastern Kentucky coal miner who died on the job last year has sued one of the nation's largest coal companies for more than $37 million in damages. The Lexington Herald-Leader reports that an attorney for Susie Sturgill, widow of miner Roy D. Sturgill II, filed the lawsuit Friday in Letcher Circuit Court.


The suit names St. Louis-based Arch Coal Inc., and its subsidiary, Cumberland River Coal Co.

The lawsuit alleges that the company committed blatant safety violations that caused Sturgill's death. Sturgill died Jan. 8, 2008, after his truck backed over a dumping point and continued to go down the slope. Sturgill was employed by Bates Contracting in Whitesburg, a contractor that supplies workers to coal companies. He had only been a rock-truck driver for 12 days before the accident, and had only driven on the night shift four times, the lawsuit said.



Spain's probe of Israelis presents legal quandary
International | 2009/02/01 08:32
A Spanish judge's decision to investigate seven Israeli officials over a deadly 2002 attack against Hamas that had nothing to do with Spain has renewed a debate about the long arm of European justice.

Critics say Madrid should mind its own business, particularly since Spain is still struggling to address its own bloody past. Supporters argue that some crimes are so heinous that all of humanity is a victim and somebody has to prosecute them.

Spain is hardly alone. A number of European countries have enacted some form of "universal jurisdiction," a doctrine that allows courts to reach beyond national borders in cases of torture or war crimes.

_ In 2001, a war crimes suit against Israeli Prime Minister Ariel Sharon was filed in Belgium by Palestinian survivors of the 1982 Sabra and Chatilla refugee camp massacre in Lebanon. Belgium's highest court then dismissed the war crimes proceedings against Sharon and others, ruling it had no legal basis to charge them.

_ French judges have opened investigations into Congolese security officials and convicted a Tunisian Interior Ministry official of torturing a fellow citizen on Tunisian soil.

_ And Spain has indicted the late Chilean dictator Augusto Pinochet and Osama bin Laden among others, including Argentine dirty war suspects.



NYC grand jury indicts lawyer eyed in $400M fraud
Breaking Legal News | 2009/01/30 09:32

A New York City grand jury has indicted a lawyer suspected of bilking hedge funds out of more than $400 million.

The indictment returned Thursday in federal court in Manhattan charges Marc Dreier with conspiracy to commit securities and wire fraud. Dreier also is charged with securities fraud and wire fraud.

Dreier led the law firm Dreier LLP, with 250 attorneys and celebrity clients including ex-New York Giants star Michael Strahan (STRAY'-han). He was arrested in December after hedge funds complained he was stealing from them.

Dreier has remained jailed, unable to post enough cash or property toward his $20 million bail.

Defense attorneys say he's cooperated with a receiver appointed by the court to take control of his assets.

Prosecutors say he could face 30 years to life in prison if convicted.



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