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Court: Mom Can't Sue Over Circumcision
Breaking Legal News | 2008/02/07 01:21
The Minnesota Court of Appeals has ruled that a mother who didn't like the way her baby's circumcision looked cannot sue a Fridley hospital for medical malpractice.

Dawn Nelson sued Unity Hospital and Dr. Steven Berestka, claiming the doctor removed "the most erogenous tissue" after the boy was born on Jan. 21, 2000 — without consulting either parent. Nelson and the boy's father, David Nelson, were unhappy with the result.

But the Appeals Court noted in its Tuesday decision that the mother indicated on a prenatal form that the baby should be circumcised.

Attorney Zenas Baer, who is representing the mother and son, said he was disappointed with the court ruling.

He said federal regulations say there has to be a signed informed consent form before any surgery — and he argued that a checked-off box on a form regarding circumcision is beside the point, saying "isn't the mom allowed to change her mind?"

Baer said his client plans to appeal.

Dawn Nelson initially sued the doctor, alleging assault and battery and negligence. That claim was settled separately. The claims against Unity Hospital and its parent company, Allina Health System, went forward.

Nelson claimed the hospital had a duty to verify that the doctor obtained informed consent and she claimed the hospital had been deceptive or misleading in its informed consent policy.

A Hennepin County judge disagreed and dismissed the case. The appellate court affirmed the lower court decision.

As for the child, another surgeon "performed a revision for cosmetic purposes" shortly after the initial circumcision, the ruling said.

Mark Whitmore, an Allina attorney, said the company was pleased with the ruling.

According to Baer's Web site, he "contributes substantial amounts of time to ending the barbaric practice of routine infant male circumcision worldwide, insuring genital integrity for all citizens of the world."



Detroit told to disclose mayor's secret deals
Breaking Legal News | 2008/02/06 08:48

A judge ordered the release of secret agreements Tuesday revealing that Detroit Mayor Kwame Kilpatrick settled a police whistle-blower lawsuit for $8.4 million in October in a failed bid to conceal text messages showing that he and his chief of staff lied under oath about their romantic relationship. Wayne County Circuit Judge Robert Colombo also ordered the release of a transcript of a deposition the police officers' lawyer gave under oath last Wednesday. During the deposition, lawyer Mike Stefani explained how the secret agreements were reached.

The Free Press sued the city in Wayne County Circuit Court to obtain the confidential agreements, which city lawyers insisted did not exist.

Colombo rejected city arguments that some of the documents are private and exempt from disclosure under the Michigan Freedom of Information Act, saying, "Nothing could be further from the truth."

The judge gave the city until 8:30 a.m. Friday to decide whether to appeal his decision. He urged the city to release the documents immediately.


Sharon McPhail, general counsel of the mayor's office, released a statement saying the office disagreed with Colombo's ruling and would immediately appeal.

"The documents in question were never introduced into evidence during the lawsuit or trial, were never part of the evidence the jury considered during the trial and many of the documents have never been in the City's possession," the statement said.

Also Tuesday, the Detroit City Council authorized the city auditor general to investigate the finances and operation of the mayor's office and law department.

The moves came two weeks after the Free Press reported it had obtained nearly 14,000 text messages sent between Kilpatrick and Christine Beatty on her city-issued pager in 2002 and 2003.

The messages showed that Kilpatrick and Beatty lied under oath at the whistle-blower trial in August when they denied that they had been involved romantically. The messages also showed that they tried to fire Deputy Police Chief Gary Brown.

The Free Press report set off a chain of events, including demands for Kilpatrick and Beatty to resign, a perjury investigation by Wayne County Prosecutor Kym Worthy and a public apology from the mayor. Beatty turned in her resignation last week; it takes effect Friday.

The Free Press first requested the secret agreements in October, shortly after the mayor announced that he had settled lawsuits filed by Brown and former mayoral bodyguards Harold Nelthrope and Walter Harris, who said they were fired or forced to resign after raising questions about the conduct of the mayor's security staff.

The officers said they were forced out to prevent them from learning about the mayor's relationship with Beatty.

Colombo said all of the documents will be made public unless the city wins an appeal.



'Mafia Cop' Pleads Guilty in Tax Case
Criminal Law | 2008/02/06 08:42
A former New York police detective accused of moonlighting as a hit man for the mob pleaded guilty Tuesday to one count of filing a bogus income tax return, federal prosecutors said.

Louis Eppolito, currently in federal custody, faces sentencing May 9 in U.S. District Court here. The maximum penalty in the case is three years in prison and a $250,000 fine.

Greg Brower, U.S. attorney for Nevada, said that according to a plea agreement, Eppolito and his wife, Frances, filed a tax return for 2000 that reported income of just over $127,000 when their actual income was more than double that amount.

Brower said Eppolito also failed to declare $175,000 in income from screenplay writing in 2001 and 2002.

Eppolito and another former New York detective, Stephen Caracappa, were accused of participating in at least eight mob-related killings while working for the Luchese crime family. The two detectives retired in the early 1990s and moved to Las Vegas, where they were arrested in March 2005.

In 2006, a New York jury found the pair guilty of a racketeering conspiracy responsible for multiple murders and other crimes. Two months later a federal judge dismissed that case after determining that the statute of limitations had expired for the racketeering charges, which allegedly occurred from 1986 and 1990. The judge's decision is under appeal.

The men still face drug and money laundering charges.

Eppolito's 1992 autobiography, "Mafia Cop: The Story of an Honest Cop Whose Family Was the Mob," details his police career and his Mafia connections.



Judge rejects Bush decision over Navy sonar use
Environmental | 2008/02/06 07:35
A Los Angeles judge has rejected a decision by President George W. Bush allowing the Navy to use sonar equipment accused of endangering marine life, stating there was no emergency to justify over-riding existing environmental laws, court documents showed Tuesday.

In a 36-page opinion, US District Judge Florence Marie Cooper said the Navy must now abide by a previous order which outlawed the use of submarine-hunting sonar in areas off the coast of California known to be populated by whales.

Environmental groups say the equipment is potentially harmful to marine mammals, citing cases in the Bahamas and Canary Islands where sonar has been linked to mass deaths of whales.

Last month Bush granted an exemption to the Navy over use of sonar, arguing it was vital for military preparedness exercises which were in the "paramount interest of the United States."

The decision allowed the Navy to ignore a January 3 injunction requiring it to "monitor for and avoid marine mammals while operating high-intensity, mid-frequency sonar during ... naval exercises."

In her ruling, Cooper suggested Bush's attempt to skirt the earlier court order was "constitutionally suspect."

She also dismissed the argument put forward by the Navy that the lives of its sailors depended on being properly skilled in hunting submarines from hostile nations.

"The Navy's current 'emergency' is simply a creature of its own making, i.e., its failure to prepare adequate environmental documentation in a timely fashion," Cooper wrote.



Georgia loses major ruling on rights to Lanier water
Court Watch | 2008/02/06 04:33

It would take an act of Congress to get more drinking water out of Lake Lanier for metro Atlanta, a federal appellate court ruled Tuesday.

Alabama and Florida immediately declared a major victory in the 18-year, tri-state water war, with Alabama Gov. Bob Riley calling it "one of the most important" legal decisions in his state's history.

"The ruling invalidates the massive water grab that Georgia tried to pull off," Riley said in a statement.

The decision by the U.S. Court of Appeals for the District of Columbia Circuit comes at a critical juncture, with the three states rushing toward a Feb. 15 deadline to reach a long-term, water-sharing agreement.

Observers say it gives Alabama and Florida leverage in the negotiations and belies metro Atlanta's assumption that it can count on Lanier to continue fueling its growth. Water from Lanier, the largest federal reservoir on the Chattahoochee River, forms Georgia and Alabama's southern border and winds up in Gulf of Mexico.

Lanier is the main water source for more than three million metro Atlantans. But it also supports multiple downstream users, from a nuclear power plant near Dothan, Ala., to oystermen in Florida's Apalachicola Bay.

"The big loser here is metro Atlanta," said George William Sherk, an expert in water law at the Colorado School of Mines who once represented the city of LaGrange and Troup County in tri-state water matters. "The logical response for metro Atlanta right now is no new building permits unless the applicant can demonstrate a long-term water supply.



Russian Court Keeps Sick Ex-Yukos Exec Jailed
International | 2008/02/06 04:32
A Russian court suspended the trial of an ailing former executive of the dismantled oil giant Yukos on Wednesday but refused to release him from jail to be treated for AIDS-related cancer and tuberculosis.

Lawyers for Vasily Aleksanian, a former lawyer for jailed oil tycoon Mikhail Khodorkovsky and a former vice president of Yukos, had asked the court to allow him to be treated in a hospital. The Simonovsky District Court ruled that Aleksanian should be treated in a Moscow jail because he could flee or pressure witnesses if released.

Authorities' refusal to allow hospital treatment for Aleksanian has sparked criticism that the company and some of its former executives are the victims of a Kremlin revenge campaign.

Khodorkovsky was sentenced to eight years in prison for fraud and tax evasion, a sentence widely seen as the Kremlin's revenge for his political ambitions and funding of opposition parties. Yukos, once Russia's largest oil producer and regarded as one of the country's best-run companies, was sold off in auctions ordered by the state to pay off billions of dollars in back tax claims.

Aleksanian is charged with embezzling funds and shares in Yukos subsidiary Tomskneft worth $490 million, charges he denies.

Khodorkovsky accused officials of trying to extract incriminating, false confessions from Aleksanian and denying him treatment until he cooperates. Khodorkovsky launched a hunger strike on Jan. 30 to protest authorities' refusal to give Aleksanian proper AIDS medication.

The prosecution had raised no objections to suspending Aleksanian's trial, but insisted Aleksanian must remain in custody.

Aleksanian who looked tired and haggard, was visibly angry when he heard the court's verdict.

His lawyer, Yelena Lvova, said he could not get proper treatment in custody and the Moscow-based group For Human Rights denounced the ruling as a "demonstration of the government's inexorable cruelty."



Ralph DiLeone Sworn In By U.S. Supreme Court
Legal Careers News | 2008/02/06 03:36
The DiLeone Law Group, P.C., a Raleigh-based law firm concentrating in business, corporate and estate planning matters for U.S. and international clients, has announced that Ralph DiLeone, the firm’s managing partner, has been sworn in and officially admitted as a member of the United States Supreme Court. DiLeone was sworn in and received by the Supreme Court on Nov. 13, 2007 in Washington, D.C.

DiLeone has been practicing law since 1984. Prior to establishing The DiLeone Law Group, P.C., he served as Vice President, General Counsel and Secretary for Swifty Serve Corporation, Senior Vice President and General Counsel for Hardee’s Food Systems, Inc., was an attorney for Manning, Fulton & Skinner PA in Raleigh, NC, and Mcdonald, Hopkins, Burke, and Haber Co. LPA, and Calfee, Halter and Guswold, LLP in Cleveland, Ohio. Active in civic and charitable organizations, he is serving on the membership council for Capital City Club, the advisory council to the Assistance League of Raleigh and the advisory boards for several companies. DiLeone obtained his bachelor’s degree in accounting from Case Western Reserve University in 1977 and received his Juris Doctor cum laude from the University Of Toledo College Of Law in 1984. A native of Cleveland, Ohio, he resides in Raleigh with his wife, Bonnie, and their son, Daniel.

“My admission to the Supreme Court was an amazing moment in my life and legal career,” said DiLeone. “It is an achievement that all lawyers aspire to, and I am very proud of reaching this milestone. Being in the presence of seven of the nine Justices was incredibly humbling.”


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