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Illinois court won't reopen Philip Morris case
Law Center |
2007/08/24 08:51
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The Illinois Supreme Court denied requests that would have reopened a case filed by the state's smokers of "light" cigarettes against Philip Morris USA, according to a court document. The 4-2 ruling, posted on the court's Web site on Wednesday, stamps out efforts by plaintiffs to resurrect the failed case against the largest U.S. cigarette maker, a unit of Altria Group Inc. Plaintiffs in the case had sued the company on behalf of Illinois residents who bought light cigarettes since the introduction of Marlboro Lights in 1971. The lower court had found in favor of the plaintiffs and awarded them $10.1 billion in damages, but the decision was overturned by the state Supreme Court, which also directed the lower court to dismiss the action last year. In May this year, however, after the U.S. Supreme Court took up another case against Philip Morris, the circuit court of Madison County asked whether it had jurisdiction to consider the plaintiff's request to set aside the Illinois Supreme Court's judgment in light of new developments. But on Wednesday, the state Supreme Court denied the request and directed the lower court to enter an order dismissing the plaintiffs' motion. Two Illinois Supreme Court justices, however, dissented. "The court's action today is entirely predictable because it quickly and quietly closes the book on a case that a majority of this court, I am sure, would rather forget," Justice Charles Freeman wrote in his dissent. |
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AG files friendly challenge of gambling law
Breaking Legal News |
2007/08/24 08:50
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Kansas Attorney General Paul Morrison has filed a lawsuit with the Kansas Supreme Court, challenging the constitutionality of a newly enacted state gambling law. At the request of Gov. Kathleen Sebelius, a gambling supporter, Morrison filed the lawsuit to obtain an opinion by the high court about whether the law is constitutional. Sebelius was seeking to remove doubt about the measure as casino developers put together plans in four areas of the state. The Legislature this spring passed the law, allowing casinos in four "zones" -- Wyandotte County, Ford County, either Sedgwick or Sumner counties and either Crawford or Cherokee counties. The bill also would allow slot machines at dog tracks in Wichita and Kansas City, Kan. But Sedgwick County this month rejected ballot initiatives on both the casino and slot machine questions. A casino is expected to be built in Sumner County. Morrison's lawsuit, meanwhile, will center on the definition of a "state owned and operated lottery," which is allowed under the Kansas Constitution. Questions exist about whether casinos under the new state law actually will be operated by the state. |
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SEC official with local ties to join California law firm
Legal Careers News |
2007/08/24 06:56
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Securities and Exchange Commission member Roel Campos will join the Palo Alto, Calif.-based law firm Cooley Godward Kronish when he leaves the SEC in September, the firm announced Thursday. Campos, 58, a Harlingen native and former Houston radio executive, will become partner-in-chief of the firm's Washington office. Campos, who has served on the commission for five years, announced Aug. 9 he would return to the private sector. Before joining the SEC, he was one of two principal owner/executives of El Dorado Communications, a Houston-based radio broadcasting company. In his new job, Campos will represent companies in SEC enforcement matters and internal investigations, advise corporate boards about governance issues, and counsel private equity, hedge and mutual funds on regulatory matters. "I look forward to advising companies on important issues related to SEC guidelines and corporate governance that will benefit the companies themselves, as well as continue to bolster investor confidence," Campos said in a prepared statement. |
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Ex-astronaut Nowak wants ankle monitor removed
Court Watch |
2007/08/24 05:47
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Former NASA astronaut Lisa Nowak, in a bid to take off her ankle-bracelet GPS monitor, testified in an Orlando, Florida, court Friday that the device is restrictive and hazardous when she drives. Nowak, 44, is accused of assaulting her romantic rival, Air Force Capt. Colleen Shipman, in a parking lot at Orlando International Airport on February 5. The monitor, which Nowak said causes abrasions and is not waterproof, is intended to keep her from traveling to Brevard County, Florida, where Shipman lives. Nowak's lawyer, Don Lykkebak, is asking 9th Circuit Court Judge Marc L. Lubet to side with his client on three motions, including the request to remove the GPS monitor. Nowak was ordered to wear it on February 6 as part of her pretrial release. Shipman also testified in court Friday and told Lubet that she was still afraid of Nowak and felt safe knowing the monitor was in place. When Lubet asked her, "Do you want her taken off the ankle monitor?" Shipman answered, "Absolutely not." Nowak argued that the device is expensive and she has paid more than $3,000 for it since it was put on. Lykkebak also is asking the judge to throw out Nowak's statements to police and suppress evidence collected from her car after the alleged incident. The monitor, which Nowak said causes abrasions and is not waterproof, is intended to keep her from traveling to Brevard County, Florida, where Shipman lives. Asked by her lawyer if she can assure the court she won't go near Shipman, Nowak said, "I can absolutely say that I won't go to Brevard County. "I will abide by all the court orders ... and any additional ones they wish to put on." Under cross-examination, Nowak admitted that she could take some form of exercise and bathe herself, and find other methods for getting around the drawbacks of the device. Nowak said she has had to pull over twice on the highway because the battery was low. When that happens, there is a buzzing vibration, then a siren goes off, she said. Orlando police officer William Becton testified Friday that he read former astronaut Lisa Nowak her rights. Becton, who was with the airport's investigative unit at the time of the alleged crime, said Nowak was asked before her police interview if she wanted an attorney, and she declined. The officer said Nowak never told him she no longer wanted to talk. NASA ended Nowak's assignment as an astronaut in March after she allegedly assaulted Shipman, who was dating Nowak's former boyfriend Navy Cmdr. Bill Oefelein. Nowak, a captain in the U.S. Navy, allegedly drove nearly 900 miles from Houston, Texas, to Orlando -- wearing toddler diapers to cut down on the number of stops she needed to make -- in order to confront Shipman, according to an initial police report. Her lawyer has since denied that she was wearing any type of diaper. She was arrested in the parking lot at Orlando International Airport after Shipman claimed Nowak attacked her. Airport surveillance tapes show Nowak donning a disguise while waiting for Shipman to arrive, then following her, police said. Shipman told police that Nowak approached her car in the airport parking lot and asked her for help with a dead battery. "I cracked my window open about two inches and told her I'd send someone to help her," Shipman said. "She said, 'Please help me,' and then started spraying something from a skinny black can into my window.'" Police said the can held pepper spray. Nowak pleaded not guilty March 22 to charges of attempted kidnapping with intent to inflict bodily harm, battery and burglary of a vehicle using a weapon. The trial is to begin next month. If convicted of the February 5 incidents, Nowak could face a sentence of up to life in prison. Police contend Nowak gave them permission to search her car, which was parked away from the airport. From it they seized weapons and photos inside a duffel bag, a steel mallet, a 4-inch buck knife and a loaded BB gun. They also found an alleged "plan," which was written on paper and included flight information and directions. Police said they also found a large plastic trash bag. "Inside the bag I saw two used diapers. I asked Ms. Nowak if the diapers were used. She said that the diapers were used," an officer said. "I then asked Mrs. Nowak why she had the baby diapers. Mrs. Nowak said that she did not want to stop and use the restroom, so, she used the diapers to collect her urine." According to the Orange County Attorney's Office, Nowak -- while in a jail cell -- explained to authorities: "I just wanted to sit there and talk to her, and she said she wouldn't talk to me and she walked away." |
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Quarles & Brady chairman Ryan dies at 63
Attorneys in the News |
2007/08/24 04:58
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Patrick Ryan, the chairman and managing partner of the law firm Quarles & Brady LLP, died Wednesday at the age of 63 after a brief illness, the firm has announced. Ryan joined Quarles & Brady in Milwaukee in 1970 after graduating from Marquette University Law School, where he served as editor-in chief of the Law Review. His practice at Quarles included extensive experience in private equity, capital markets transactions, acquisitions and commercial lending, particularly in the paper industry. He was elected as the firm's managing partner in 2002 and had been involved with the management side of Quarles & Brady since 1985. In a tribute on its Web site, the firm credits Ryan with helping to build a distinguished practice by providing knowledgeable legal counsel and a high level of personal service to a variety of corporate clients. Under his leadership as chairman and managing partner, the firm has grown to its current size of approximately 440 attorneys and 520 support staff in six offices in Wisconsin, Illinois, Arizona and Florida. It was ranked by the National Law Journal as the 95th largest law firm in the nation in 2006. Ryan is survived by his wife, Holly, and their four children and son-in-law: Brendan, Lucas, Abigail, Rebeccah and her husband Keith Martin. In addition, he had great pride in his five grandchildren: Joseph and Henry Martin, Daijah and Calia Stanley, and Beyonce Williams. In lieu of flowers, contributions can be made to Marquette University Law School-Patrick M. Ryan Scholarship Fund designed to assist minority law students at Marquette University. |
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Supreme Court upholds Chapman's death sentence
Court Watch |
2007/08/24 04:52
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A child killer who asked to be put to death would have his wish granted under a unanimous ruling by the Kentucky Supreme Court on Thursday. Marco Allen Chapman pleaded guilty to brutally attacking a woman and her three children, killing two of the children, in 2002 because she advised his girlfriend to drop him. Chapman, 35, filed an affidavit in May, saying he wants to be put to death. "My rights are mine, and I am entitled to waive them just as is any other defendant," Chapman wrote. His lawyers argued that his wish to waive appeals showed he was not competent. But the court ruled Thursday that "our review of the record in this case ... shows that Chapman's plea was competently, knowingly, intelligently and voluntarily made." The Supreme Court ruling, written by Justice John D. Minton Jr., rejected the argument made by Chapman's defense attorneys that his guilty plea amounted to state-assisted suicide. "Furthermore, the death penalty is not a disproportionately sentence for Chapman's heinous offenses," Minton wrote. "So Chapman's plea is not an impermissible 'suicide by court.'" Chief Justice Joseph Lambert said Chapman's "volunteerism" played no part in his decision to uphold the death sentence. "The wishes of a defendant, whether motivated by sincere remorse, desire to escape life imprisonment or to assert control should play no part in a death penalty determination," Lambert wrote in a concurring opinion. Chapman admitted to killing 6-year-old Cody Sharon and 7-year-old Chelbi Sharon, and attacking their mother, Carolyn Marksberry, and their sister, Courtney Sharon. Chapman said he deserved to die for the Aug. 23, 2002 attack at Marksberry's home in Gallatin County. The trial judge, Tony Frohlich, said at the time that he could find no legal reason not to grant Chapman's request. Despite his request to be put to death, Chapman's court-appointed attorneys, Donna Boyce and Randall Wheeler, appealed the sentence. They argued before the Supreme Court that Frohlich shouldn't have gone along with Chapman's request for a death sentence, saying a defendant who seeks the death penalty is inherently incompetent. For that reason, the attorneys said, Chapman's guilty plea should be set aside and he should be treated for depression before a new plea hearing is held. Chapman said in the affidavit that sending his case back to the trial court would invalidate his rights, as well as the rights of other inmates who choose to plead guilty. The Supreme Court, in Thursday's ruling, reaffirmed that the death penalty is constitutional and that neither lethal injection nor electrocution are cruel and unusual punishments. Despite the ruling, it could be years before an execution date is scheduled, said Allison Connelly, a University of Kentucky law professor. Defense attorneys still could appeal the case to the federal level, even asking the U.S. Supreme Court for review, she said. Connelly said the state attorney general's office typically won't ask for an execution date until all appeals are exhausted. The defense lawyers declined to comment, as did the attorney general's office. Volunteering for a death sentence is not new. Since 1977, when Gary Mark Gilmore waived his appeals and was killed by firing squad in Utah, 124 inmates in 26 of the 38 states with a death penalty law have waived appeals and asked to die, according to the Death Penalty Information Center in Washington, D.C. A second Kentucky Death Row inmate, Shawn Windsor, is also attempting to expedite his own execution. Windsor pleaded guilty in 2006 to killing his wife and son. He is on Kentucky's Death Row, but Chapman's case is further along in the automatic appeals process granted in death penalty cases. The Supreme Court on Thursday also upheld the death sentences of Leif Halvorsen and Mitchell Willoughby who were convicted in 1983 of murdering three people in a Lexington apartment, and Fred Furnish who was convicted of murdering a Kenton County woman during a burglary in 1998. |
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SEC Approves 2 Fund Trading Settlements
Securities |
2007/08/24 02:56
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The Securities and Exchange Commission has approved two more settlements involving improper mutual-fund trading, with two former California hedge-fund managers agreeing to pay $275,000 to settle SEC charges. The SEC on Wednesday submitted for court approval a settlement with Brent Federighi, a former manager for hedge funds Ilytat and Gage, that calls for him to pay a $175,000 civil penalty and to be banned from working for an investment adviser for 18 months. Separately, Michael Hoffman, 44 years old, who founded Ilytat, agreed to pay a $100,000 civil penalty and accepted an 18-month ban on working for an investment adviser. Both men settled without admitting or denying wrongdoing. The SEC had accused Federighi of fraud in connection with "late trading" the practice of buying mutual fund shares after the 4 p.m. close of trading while receiving that day's closing price. The SEC found that Hoffman aided and abetted Bear Stearns & Co., which had allegedly processed the improper trades over a two-year period starting in 2000. Bear Stearns more than a year ago agreed to pay $250 million to settle related SEC charges, including a $90 million civil penalty that was the biggest imposed on a brokerage firm under SEC Chairman Christopher Cox. "Mr. Federighi is delighted to have this matter resolved," his lawyer, William Goodman, said. "He is looking forward to re-entering the industry once the terms of the injunction have been complied with." Hoffman closed Ilytat in 2002. Shortly after, Federighi started Gage. Gage operated until September 2003, when allegations of widespread mutual-fund trading abuses surfaced. A lawyer for Federighi declined to comment. Tarek Helou, a lawyer for Hoffman, said that "Mr. Hoffman put an end to these trading practices at his firm more than five years ago. He did so long before it became a public issue, and he cooperated fully with the SEC. He is pleased that this is now behind him and is focused on moving forward." |
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