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Court allows Edwards to hire mistress's lawyers
Breaking Legal News | 2012/03/16 10:01
Former presidential candidate John Edwards got his wish Thursday and is changing his defense team ahead of his criminal trial on charges of campaign finance violations, hiring the same attorneys who once helped his mistress in a lawsuit over the couple's alleged sex tape.

The former U.S. senator from North Carolina testified under oath that he understood a jury might puzzle over the fact that lawyers Alan Duncan and Allison Van Laningham would be representing him after previously representing his mistress, Rielle Hunter.

Edwards faces charges that he broke federal campaign finance laws, allegedly using nearly $1 million from two wealthy donors to hide the pregnant mistress and prevent a scandal from erupting as he campaigned for the White House in 2008. He has pleaded not guilty.

U.S. District Court Judge Catherine C. Eagles told Edwards that shaking up his defense team was likely causing him stress, something the former senator's doctor said in a private letter to the judge Edwards should avoid to protect his health. The judge asked Edwards whether he was taking any narcotics or other medications that might fog his judgment before trial.


Florida CVS stores' suspension put on hold
Breaking Legal News | 2012/03/15 09:14
A federal appeals court has put on hold the suspension of two Florida CVS pharmacies that would have prevented them from selling controlled substances.

The court on Wednesday stopped the suspension while it considers an appeal from the stores. The Drug Enforcement Administration had issued the suspension because of alleged lax enforcement of restrictions on a powerful painkiller.

The DEA says the pharmacies were dispensing the painkiller oxycodone far in excess of legitimate needs. CVS says it has taken steps to reduce the prescriptions.

On Tuesday, a federal judge denied the CVS stores' request for a preliminary injunction in the case, but the stores immediately appealed.

The appeals court has already put on hold DEA's suspension of Cardinal Health's Lakeland, Fla.-based center that supplied the stores.



Afghanistan suspect's base had 2010 killing case
Breaking Legal News | 2012/03/11 10:00
Joint Base Lewis-McChord is one of the largest military installations in the U.S., and one that has seen its share of controversies and violence in the past few years.

The news that a soldier suspected of killing 16 Afghan villagers Sunday comes from this base about 45 miles south of Seattle hit hard.

"It's another blow to this community," said Spc. Jared Richardson, an engineer, as he stood outside a barbershop near the base. "This is definitely something we don't need."

Home to about 100,000 military and civilian personnel, the base has suffered a spate of suicides among soldiers back from war. The Army is investigating whether doctors at Lewis-McChord's Madigan Army Medical Center were urged to consider the cost of providing benefits when reviewing diagnoses of post-traumatic stress disorder.

Most famously, four Lewis-McChord soldiers were convicted in the deliberate thrill killings of three Afghan civilians in 2010.

The military newspaper Stars and Stripes called it "the most troubled base in the military" that year.

Catherine Caruso, a spokeswoman for Lewis-McChord, said she could not comment on reports that the soldier involved in Sunday's shooting was based there.


US Court rules against Helm in suit over ad
Breaking Legal News | 2012/03/02 10:19
A New York court says Levon Helm long ago signed away rights that let an advertising agency use the song "The Weight" in a cellphone commercial.

The Band's former drummer and singer sued ad agency BBDO Worldwide Inc. in 2004. An appeals court ruled against him Thursday.

Helm sued after the 1968 classic cropped up in an ad for what was then Cingular Wireless. He said he didn't approve that use.

But the appeals court says the recording contract surrounding the song gave a record label permission to license it to the agency.

Helm lawyer John O'Neill says the contract only gave the label permission to promote the music itself. BBDO's lawyer didn't immediately return a call seeking comment.


BP 'ready for long court battle over Gulf spill'
Breaking Legal News | 2012/02/27 10:16
BP chief executive Bob Dudley said the company is able to fight a lengthy court battle over the 2010 oil spill in the Gulf of Mexico.

Dudley, who took control of BP in October 2012 after former chief executive Tony Hayward resigned amid criticism over the way he had handled the oil spill, told the Sunday Telegraph that BP can continue to function even if the court case that begins in New Orleans today continues for years.

"We have to remember we are a business that invests in decade-long cycles," he said.

"For the vast majority of people now at BP, the company is back on its feet and it is starting to move forward," he said.

BP has set aside US$40 billion to deal with fines and associated costs of the April 20, 2010 blowout of BP's deepwater Macondo well which killed 11 workers and injured 17. The burning drilling rig Deepwater Horizon toppled and sank to the Gulf floor, where it sits today.

It took engineers 85 days to permanently cap the well.

By then, more than 750 million litres of oil leaked from the well and had covered much of the northern half of the Gulf of Mexico endangering fisheries, killing marine life and shutting down offshore oil drilling operations.

President Barack Obama called the BP spill "the worst environmental disaster the nation has ever faced."

Dudley said BP had improved safety standards on its rigs, five of which are working again in the Gulf of Mexico, and that the company was still committed to deepwater drilling.

"We had a choice whether or not to back away from the offshore industry and the deep water industry but we have a lot of great strengths in this area and so, rather than move away, we have gone in with even more commitment, more time and more people, more expertise," he said.



Court: California can force inmates to submit DNA
Breaking Legal News | 2012/02/25 09:53
A divided federal appeals court ruled Thursday that California law enforcement officials can keep collecting DNA samples from people arrested for felonies.

The 9th U.S. Circuit Court of Appeals said law enforcement’s interest in solving cold cases, identifying crime suspects and even exonerating the wrongly accused outweigh any privacy concerns raised by the forced DNA collections.

The 2-1 ruling came in response to a lawsuit filed by four Californians who were arrested on felony charges but never convicted.

The arrestees sought a court order barring collection of DNA from people who are arrested but not convicted, arguing the process is an unconstitutional search and seizure since some suspects will later be exonerated.

The DNA samples are obtained with a swab of the cheek and stored in the state’s DNA database, which contains 1.9 million profiles. Arrestees who are never charged with a felony can apply to have their samples expunged from the database.

The state Department of Justice said it has had roughly 20,000 “hits’’ connecting suspects with previous crimes since it began collecting the DNA profiles.

Judge Mylan Smith Jr., writing for the two-judge majority, said the useful law enforcement tool wasn’t any more intrusive than fingerprinting.



Strauss-Kahn has March court date in US
Breaking Legal News | 2012/02/23 09:45
A New York court has scheduled a hearing on a lawsuit filed by the woman who accused former International Monetary Fund chief Dominique Strauss-Kahn of sexually assaulting her in a Manhattan hotel.

Prosecutors dropped criminal charges against Strauss-Kahn last year, but his accuser has demanded damages in civil court.

The March 15 hearing will deal with issues that must be resolved before a trial, which has yet to be scheduled.

Strauss-Kahn wants the lawsuit dismissed because he says he had diplomatic immunity. He isn't required to attend the March court session.

The hotel maid who says she was attacked and forcibly sodomized by Strauss-Kahn is Nafissatou Diallo (na-fee-SAH'-too dee-AH'-loh). Her lawyer, Kenneth Thompson, says she is "looking forward to her day in court and can't wait to get to trial."


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