In a 7-2 ruling, the justices said Metamora-based John R. Sand & Gravel Co. waited too long to sue the U.S. Environmental Protection Agency for property it seized as a Superfund cleanup site.

Justice Stephen Breyer said a federal appeals court was correct in raising the deadline question without being asked to do so by either party, and to rule that the company missed the deadline.

In some instances, such as lawsuits against the government, the Supreme Court "has often read the time limits ... as more absolute," Breyer wrote.

Justice John Paul Stevens dissented, saying the majority's decision "has a hollow ring" because the court previously had overturned a precedent that it relied on for Tuesday's decision.

Justice Ruth Bader Ginsburg joined Stevens in dissent.

"We're very disappointed in this ruling," said Jeff Haynes, a Bloomfield Hills attorney who represented the gravel company.

The decision ends the company's chances to collect any compensation from the EPA and will prompt other claimants to sue "early and often" to avoid a similar fate, Haynes said.

John R. sued the EPA in 2002 after the agency permanently fenced off 40 acres of land the company was leasing from a property owner.

Some of the seized property had been used as a municipal dump until about 1980 and was considered a hazardous waste site, although a portion contained clean sand and gravel, Haynes said.

The case initially was filed in the U.S. Court of Federal Claims, which hears claims involving the taking of private property without fair compensation.

The high court reviewed an appeal panel's finding that the John R. suit was barred by the six-year statue of limitations.

The EPA originally agreed that the case had been filed in a timely manner and didn't raise the statute of limitations issue, Haynes said.

But companies hired to clean up landfills intervened as friends of the court and raised the jurisdictional question, he said.

The appeals panel and the Supreme Court held that the clock started running when the EPA began erecting a series of temporary fences -- not when it permanently seized the 40 acres, Haynes said.

The effect of the high court's ruling is that judges at each step in the process will have to rule on time-limit issues in cases brought for money damages against the government, he said.

And anyone who wants to sue the federal government for taking private property without compensation will have to bring their claim as early as possible or risk having it tossed out, he said.

"We'll have a lot more needless lawsuits because property owners are going to have to protect their rights," Haynes said.

The Supreme Court didn't consider whether John R. was entitled to compensation by the EPA.

Haynes said the company valued the confiscated land at $8 million, while the EPA valued it at $250,000.

A class action lawsuit has been filed against pharmaceutical powerhouse Sanofi-Aventis alleging that the company hid data concerning adverse events associated with their obesity medication Zimulti. The French company allegedly concealed data showing Zimulti's propensity to cause depression. Zimulti has also been shown to increase suicidal ideation and action in some cases.

In June the FDA unanimously decided that Zimulti could not be recommended for approval in the U.S.; however, the drug can be purchased through online pharmacies based in other countries.

West Des Moines, Iowa, January 4, 2008:  Cambridge Economics Group today announced a new service for attorneys and their clients who are involved in medical malpractice cases.  The service, MedMal ExpressTM, is provided through the company's Internet site, www.medmalreports.com.  Users can sign up for a 2-week free trial, after which the service is $95 per month.

"The innovation of MedMal ExpressTM is that it lets users see expected settlements in up to 20 cases or case scenarios in real time," said Dr. David M. Frankel, Founder and Chief Economist of CEG.  "Our predictions are tailored to the lawsuit's location as well as other key case parameters."
"MedMal ExpressTM is intended for attorneys and clients on both sides of a lawsuit," Dr. Frankel added.  The company suggests the following potential uses for its new service:

•Advising insurance companies how much money to reserve in a case.
•Evaluating potential case strategies. For instance:
- adding or dropping a defendant;
- choosing which accusations to stress.

•Testing different case scenarios. For example:
- If the case against one or more defendants is dismissed;
- If the plaintiff's medical outcome changes.

MedMal ExpressTM uses CEG's proprietary predictive model, which is derived from patterns of payments in the National Practitioners Data Bank, a repository of essentially all malpractice payments made in the U.S.   The model considers the following key features of a case:

•The trial location (U.S. state)
•The age, gender, and medical outcome of the patient
•The number of defendants
•The defendants' ages and job descriptions
•The accusations made against each defendant

"But our model goes one step further," Dr. Frankel stated.  "It also considers important interactions between these features.  For instance, some states have caps on pain and suffering that reduce payments for certain outcomes (such as purely emotional injuries) more than others.  This means that the effect of medical outcome on payments depends on the state.  By taking account of this and other important interactions, we can generate very realistic predictions of the expected settlement in a case."

Note to Journalists

Journalists and other opinion leaders who wish to try MedMal Express without entering credit card information are asked to set up a user account on the site, medmalreports.com, and then to send their user name to CEG using the General Inquiry button on the medmalreports.com home page.  A MedMal Express trial subscription will be set up for you.

About Cambridge Economics Group

Cambridge Economics Group was founded in 2004 to provide economic and statistical analysis in complex litigation settings, including antitrust, intellectual property, regulation, and personal injury.  Its offices are located in West Des Moines, Iowa.

Dr. David M. Frankel is a tenured economics professor at Iowa State University and has been a visiting professor at Cornell and Stanford.  His research has appeared in leading economics journals such as Econometrica and the Quarterly Journal of Economics.  Dr. Frankel received his Ph.D. in economics from M.I.T. in 1993.  He has an M.S. in Sociology from Oxford, where he was a Marshall Scholar, and an A.B. in Mathematics from Harvard (Phi Beta Kappa, Magna Cum Laude).  Prior to joining the faculty at Iowa State, Dr. Frankel taught for eight years at Tel Aviv University in Israel.

http://www.medmalreports.com

The main problem, the court was told, is the second drug in the sequence, which paralyzes the muscles. If the inmate is not properly anesthetized, the paralytic could mask whether the condemned is in tortuous pain.

Justice John Paul Stevens said he was "deeply troubled" by the use of the second drug, but that there was nothing in the record in the Kentucky case that raised the issue in a way for the Supreme Court to make a definitive ruling. Kentucky, he said, seemed to have done a good job of administering the drugs in the state's only execution by lethal injection.

Justices David Souter and Stephen Breyer also said it might be better to send the case back to lower courts for a comparative analysis of whether the three-drug process carries more risk than an alternative, which uses only a massive dose of a barbiturate.

Though Georgia's judges are technically outlawed from banishing offenders, some have skirted the rule by restricting them from all but one of the state's 159 counties. Now, one convict is challenging the practice, claiming it is unconstitutional.

"It's a throwback to the dark ages," McNeill Stokes, the defense attorney who argued the case Monday, said in an interview. "The whole point behind this is zealous prosecutors wanting to get rid of problems in their counties."

State attorneys contend the orders are a way to rid criminals from populous areas and protect victims from repeat offenses. But some defense attorneys see them as thinly disguised efforts to evade a Georgia constitutional provision that explicitly forbids courts from "banishment beyond the limits of the state."

The case revolves around Gregory Mac Terry, who pleaded guilty to assault and stalking charges. According to court documents, he violated a restraining order by sneaking into his estranged wife's home, forced her into his car and then threatened her with scissors.

He was sentenced to 20 years in prison and 10 more years on probation, and a judge added a condition that he be banned from all Georgia's counties except Toombs County in southeast Georgia. His attorney says that condition kept him in prison longer, because he couldn't complete a work-release program in another county.

State attorney Paula Smith Sr. said the ban is reasonable, because Terry wrote a letter saying he wouldn't forget his wife when he was released.

"What we're losing sight of here is the purpose, and that was to help Mr. Terry's wife from his documented obsession of her," Smith said, adding that the court was "trying to safeguard this woman."

The banished rarely move to the remote counties where they are sent, and lawyers say some flee the state altogether. DeKalb County alone has banished dozens of offenders to Echols County, which sits on the Florida border.

During arguments Monday, justices peppered attorneys with questions about how the policy works logistically.

For example, they asked, how would an offender even get to the county where he was supposed to live without passing through counties he was banned from?

Margaret M. Mann hasjoined the San Diego office of Sheppard Mullin Richter & Hampton LLP aspartner in the firm's Finance and Bankruptcy practice group.  Mann most recently led Heller Ehrman'sRestructuring and Insolvency practice and was the firm’s National Hiring Chair. 

Mann has significantexperience in large, complex domestic and international insolvency proceedingson behalf of creditors, fiduciaries, borrowers and other interested parties,with expertise in the franchise and tax credit syndication industries. She is skilled in negotiating, documenting andlitigating complicated financial transactions, particularly in the technologyfield and in regard to financial contracts such as swaps, repo agreements andforward contracts.

"Margaret is oneof the preeminent bankruptcy attorneys in San Diego and is well known inbankruptcy circles nationally.  She issmart, affable and industrious," said Guy Halgren, chairman of the firm. "The timing of Margaret joining us isperfect, as San Diego partner Laura Taylor was recently appointed to the U.S.Bankruptcy Court." 

"With more than25 years of experience, Margaret adds significantly to our bankruptcy practice,"commented Alan Martin, the head of the firm's Finance and Bankruptcy practicegroup.  "In the current businessclimate where restructurings and insolvencies are on the upswing, Margaret'scommercial litigation and bankruptcy expertise is of even greater value toclients." 

Commented Mann, "SheppardMullin occupies a strategic position in California and beyond, and offers thesupport needed to handle sophisticated bankruptcy matters. I am greatly impressed by the firm'sdedication to client service and its reputation as a 'go-to' firm for bankingand restructuring clients."

Mann's recent, representative matters include: In re First Magnus(represented agent for syndicate on $100 million repurchase facility), WashingtonMutual Capital Corporation (represented in repurchase trades), enforcedrights for major tax credit syndicator in In re 500 West Broadway and Inre St Casimir Development LLP, In re Magis Networks (debtor's counsel inwireless video Chapter 11 with technology sold in 45 days), In re PinnFund (representedpreference recipient and obtained $4 million summary judgment), CommercialMoney Center (creditor counsel in $400 million failed pooled investmentfund), and In re Cimm’s, Inc. Consolidated Case (debtors’ counsel in$100 million franchise case, successfully reorganized in one year).

Sheppard Mullin has 80attorneys based in its San Diego offices. The firm's Finance and Bankruptcy practice group includes more than 70attorneys firmwide.

Mannearned a J.D. from the University of Southern California School of Law in 1981and was a member of the Hale Moot Court Honors Program. She received a B.A. in finance, withdistinction, from University of Illinois in 1978.  Mann is a fellow in the American College ofbankruptcy.

About Sheppard Mullin Richter &Hampton LLP

Sheppard Mullin is a full service AmLaw 100 firm with more than 520attorneys in 10 offices located throughout California and in New York,Washington, D.C. and Shanghai.  Thefirm's California offices are located in Los Angeles, San Francisco, SantaBarbara, Century City, Orange County, Del Mar Heights and San Diego.  Founded in 1927 onthe principle that the firm would succeed only if its attorneys deliveredprompt, high quality and cost-effective legal services, Sheppard Mullinprovides legal counsel to U.S. and international clients.  Companies turn toSheppard Mullin to handle a full range of corporate and technology matters,high stakes litigation and complex financial transactions.  In the U.S., the firm's clients include morethan half of the Fortune 100 companies.  Formore information, please visit www.sheppardmullin.com.