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Law firm for paralyzed woman entitled to $500,000
Legal Business |
2007/08/10 06:24
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A law firm that represented a woman paralyzed in a botched operation should receive $500,000 more than the $1.07 million the state Legislature has already approved, a Broward judge ruled Thursday afternoon. Sheldon J. Schlesinger's Fort Lauderdale law firm was entitled to the money based on its contract with the parents of Minouche Noel, Broward Circuit Judge Leroy Moe ruled. The judge rejected Schlesinger's request to receive an additional $42,000 in legal costs. Bruce Johnson, the Noels' current attorney, told the South Florida Sun-Sentinel that his clients were "very disappointed." "We were surprised by the ruling, and we believe it was incorrect," Johnson said to the newspaper. A telephone message left by The Associated Press at Schlesinger's office and with the attorney representing the firm, Bruce Rogow, was not immediately returned after hours Thursday. Noel was left paralyzed from the waist down at 6 months old following surgery at a state clinic in 1999. Now 19, she suffers from spina bifida, a congenital defect in which the spinal column fails to close properly. A Broward jury awarded $8.5 million to the Noels, but state law limits such payments to $200,000 without legislative approval. Lawmakers finally passed the claims bill this year after several failed attempts. Schlesinger filed a lien asking for more money than the legislation allocated to the firm. Last month, Chief Financial Officer Alex Sink argued the Circuit Court in Fort Lauderdale lacks jurisdiction on the case. A telephone message and an e-mail left after hours by AP for Sink was not immediately returned. Noel and her family lived in Broward County when the surgery took place but have since moved to Brevard County, where she is attending college. |
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Lawmaker seeks bridge trust fund
Legal Business |
2007/08/09 07:53
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One weary week after the Interstate 35W bridge collapse, a senior federal lawmaker from Minnesota proposed sweeping legislation to establish a trust fund dedicated to repairing the nation's aging, deficient bridges. The proposal by Rep. Jim Oberstar (D-Minn.), chairman of the House Transportation Committee, would be aimed at repairing 73,784 bridges from coast to coast rated "structurally deficient" -- with a price tag that could be as much as $188 billion by one estimate. House Speaker Nancy Pelosi (D-Calif.) pledged to support the plan.
It could cost Americans dearly: the proposal includes raising federal gas taxes 5 cents from 18.4 to 23.4 cents, at a time when drivers are already reeling from high gas prices. President Bush and several prominent lawmakers have previously opposed gas tax hikes.
"If you're not prepared to invest another 5 cents in bridge reconstruction and road reconstruction, then God help you," Oberstar said, after touring the site of the collapse by helicopter.
Meanwhile, federal investigators seeking a cause for the accident zeroed inon two key factors that could not only explain the collapse but may also have implications for bridge safety nationwide.
One focus of the investigation now centers on how much concrete was on the bridge at the time of the accident and whether the bridge could sustain a load of new concrete as it was being resurfaced. Investigators also identified possible design flaws in "gusset plates" that connected the steel beams in a pattern on the bridge structure.
The concrete on the bridge surface had been poured during the 48 hours before the accident in ongoing summertime resurfacing, although none was poured on the day of the accident, according to National Transportation Safety Board sources.
The uncured concrete that was poured added weight to the bridge deck but because it had not yet set, it added no structural support, they said.
Investigators "obtained core samples of the bridge deck material to get a better picture of the deck thickness to help make an assessment about the amount of concrete on the bridge at the time of the accident," the NTSB said in a statement Wednesday.
As for the gusset plates, a weakness in the design when the bridge was built in the 1960s may have caused the bridge to fall under its load, investigators theorize.
"Safety Board investigators are in the process of verifying the loads and stresses on the gusset plates at these locations, as well as the materials used in constructing the gusset plates," the NTSB said.
Emotions remain high now with bodies still missing in the Mississippi River and a major investigation under way. But with Congress in recess, the ultimate fate of the legislation must await its return. It faces a balancing act with other priorities for spending, including costly wars in Iraq and Afghanistan.
"Last week, the country received a wake-up call with the collapse of the bridge in Minnesota. Our sadness must at least be met with a commitment to address our infrastructure shortcomings," Pelosi said in a prepared address to the National Conference of State Legislatures.
While Pelosi's spokesman, Brendan Daly, said the bill would "come to the floor quickly," its chances of passage are unclear.
Oberstar's chairmanship of the Transportation Committee, along with Pelosi's early endorsement of his efforts, boosts its odds of passing. With the tragedy fresh in their minds, lawmakers have made numerous comments about the need to tackle America's failing infrastructure.
But the measure faces serious hurdles, Congress-watchers say.
In a written statement, Minority Leader John Mica, (R-Fla.) called the legislation "a knee jerk reaction to the critical problem facing our transportation and infrastructure systems."
Thomas Mann, a senior fellow at the Brookings Institution in Washington, D.C., said the packed schedule the House is expected to face in September, combined with the proposed taxes, make it unlikely that Oberstar's legislation will succeed.
"Bush is utterly committed to vetoing any tax increases of any kind and Republicans in general remain opposed to this," he said. "This would probably require a Democratic president."
Estimates vary as to the cost of repairing all 73,784 structurally deficient bridges, but The Associated Press reported that the American Society of Civil Engineers estimates it would require spending at least $9.4 billion a year for 20 years, or $188 billion.
As the political debate swirled, searchers and federal divers worked nearly round-the clock and in painstaking detail to find at least eight people who remain missing. Authorities have mapped 88 vehicles in the river but did not say what was in them. Five people were confirmed dead in the last week and more than 80 injured. |
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‘Pant Lawsuit’ Judge May Not Be Reappointed
Legal Business |
2007/08/09 06:59
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The D.C. judge who sued his ethnic Korean dry cleaners for $54 million over a pair of pants will probably have to begin looking for a new job.
A city commission has voted to formally notify Administrative Law Judge Roy Pearson that he may not be reappointed to the 10-year bench, Washington Post quoted a government source as saying Wednesday.
In a letter sent to Pearson Tuesday, the Commission on Selection and Tenure of Administrative Law Judges cited not only Pearson's infamous failed lawsuit against Custom Cleaners, but his work as a judge the past two years, the Post said in its Website.
“Pearson is not out of work yet. The letter is a key step, though, alerting him that his reappointment is in jeopardy. He has 15 days to file a rebuttal and could push for reappointment by appearing before the commission at its next meeting in September,” the Post said.
Pearson has not responded to recent efforts to reach him for comment, including e-mail and telephone messages this week, according to the newspaper.
The commission has been reviewing applications from several administrative law judges seeking reappointment. In a statement, the chairman, D.C Superior Court Judge Robert R. Rigsby, said it has considered all of the applications "thoroughly and thoughtfully," the Website said. |
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Law firm cancels political operative's sublease
Legal Business |
2007/08/07 07:14
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Republican political operative Jeff Roe will soon be looking for new digs.Lathrop & Gage, the law firm that houses his consulting firm, Axiom Strategies, is terminating his sublease.Lathrop said it was doing so because it determined that it no longer needed Roe's second-floor space.The move, coincidental or not, comes as politicos allied with Roe, including Missouri Gov. Matt Blunt, heat up their attacks on "activist judges." That may not sit well with Lathrop, which boasts several former bar presidents and other legal eminences among its members. Earlier this year, Roe told lawyers at a Kansas City Metropolitan Bar Association conference that "there will be negative campaigns against judges in 2008. That is reality." Lathrop simply said that it no longer needed the space it leased to Roe and that it had given its landlord and Roe notice of its intent to terminate the lease. Roe last week said his lease runs until March or April and he'd been dealing directly with the building's owner, an out-of-town outfit. He said he originally signed a two-year lease. Roe said he hopes to remain in the space by negotiating directly with the landlord but plans to remain there in any event until the sublease expires. The space houses nine employees, according to Roe, who has his own 20- by 25-foot glassed-in corner office. He said he had two other offices in the area but declined to disclose their locations. Blunt's sister, Amy Blunt, works in Lathrop's government relations department. Like other large and influential law firms, Lathrop boasts both heavyweight Democrats and Republicans on its roster, including Jack Craft (Republican) and Harold Fridkin (Democrat) in its Kansas City office. KSU case is 'moot' A constitutional challenge to the removal in 2004 of the adviser to Kansas State University's newspaper was ruled moot last week by a federal court. Katie Lane, the former editor in chief of the Collegian, and Sarah Rice, its former managing editor, sued over the removal of Ron Johnson as the paper's adviser, supposedly because of the subpar quality of the newspaper's news coverage. The move occurred after a controversy erupted on campus over the extent of minority news coverage in the newspaper and its failure to cover the Big XII Conference on Black Student Government held in Manhattan in 2004. Lane and Rice claimed that Johnson's removal was triggered by the controversy and chilled the exercise of their First Amendment rights. The trial court dismissed the case, finding that the First Amendment claim failed because the decision to remove Johnson was based on the quality of the Collegian, not its content. On appeal, the 10th U.S. Circuit Court of Appeals vacated the trial court's decision, ruling that because Lane and Rice have since graduated, their claims were moot. An exception to the mootness doctrine — where there's a reasonable expectation that the same complaining parties will be subjected to the same actions again — was found inapplicable. "Because only KSU students serve as editors of the Collegian, there is no reasonable expectation that Lane and Rice will be subjected, post-graduation, to censorship by defendants in connection with this newspaper," the court stated.
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Jurors' doubts weigh heavily in Davis case
Legal Business |
2007/08/06 06:32
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Five days before Troy Anthony Davis' scheduled execution, Brenda Forrest got a call from her husband of eight years. He had just heard a report on a Chicago radio station about a convicted cop killer from their hometown of Savannah. The report said serious questions had surfaced about whether the man was actually guilty of the 1989 murder. "Oh my God," Forrest said, finally letting go of the secret she had kept. "I was on that jury. I've got to get involved." The next day, Forrest called lawyers at the Georgia Resource Center, whose attorneys help represent Davis. She reviewed recanted testimonies of seven of nine trial witnesses and also the affidavits of others who had stepped forward with additional information. Some implicated another man in the murder of Officer Mark Allen MacPhail. Forrest signed a sworn statement of her own: "I have some serious doubts about the justness of Mr. Davis' death sentence. I find it very troubling that the jury's sentence was based upon incomplete and unreliable evidence. If I had been aware of this newly gathered evidence and had the benefit of it at trial, I would not have sentenced Mr. Davis to death." Three other jurors in Davis' 1991 trial signed similar statements that his defense lawyers presented to the Georgia Board of Pardons and Paroles at a hearing on July 16, the day before Davis was set to die. Curtis Wilson, Isaiah Middleton and Cynthia Quarterman also expressed concerns as to the fairness of Davis' punishment given after reviewing the revised testimonies. The clemency board temporarily stayed Davis' execution. On Friday, the Georgia Supreme Court agreed to hear Davis' request that he be granted a new trial. A spokeswoman for the clemency board said it would announce today if would hold a hearing previously scheduled for Thursday after the five board members have reviewed the Supreme Court's decision to hear the case. Forrest said she believes Davis should not be put to death until the new evidence in his case is examined by a judge or jury. No court has yet seen the new information because of a 1996 federal law designed to streamline capital cases and place a time limit on inmate appeals. "I can't say for sure if he's guilty or not, but he deserves to be heard," Forrest said. It's not common to have four jurors change their minds based on new evidence, said one legal expert who has been studying capital case juries for 15 years. "In this case, the fact that there are any jurors, but especially four with doubts about the death penalty, would sort of indicate that chances of a life sentence would be significant," said Scott Sundby, law professor at Washington & Lee University. Because of the federal law, however, the difficulty is getting any forum to hear from Davis' defense attorneys, Sundby said. "I am impressed that the pardons board is open to this evidence," he said. Sundby said a lot is asked of jurors who must make a decision of life and death. "One of their greatest frustrations is when they have gone through this process and then they find out they didn't have the full picture," he said. "There is a sense of betrayal on their part. Their view is: You asked us to condemn someone to death, and we didn't have all the facts." Forrest knows that if Davis' execution is carried out, it will be done in her name. Since the trial, she has wrestled with her faith and the moral correctness of the death penalty. She is troubled by the case even more now that she has read the new testimony. Forrest was 35 and working as a chemist when she was called for jury duty. She said few of the witnesses seemed like upstanding citizens, and she questioned their credibility. "They were not people who were believable," Forrest said in a telephone interview from her office in Chicago, where she relocated in 1999. The jury of seven blacks and five whites deliberated for one hour and 57 minutes before returning a verdict. In the somber jury room, Forrest said her fellow jurors debated the testimony of Harriet Murray, who testified that she saw Davis with a "smirky-like smile" on his face when he shot MacPhail. The jury found her story compelling but discussed whether she could have really seen what was happening from a distance and in the darkness of night, Forrest recalled. After the trial, in a 2002 affidavit, Murray was more ambiguous about who she saw that night. She no longer named Davis as the killer. Murray has since died. Other jurors, Forrest said, talked about Davis' demeanor. She always thought he had a look of resignation. There was a conversation about possible innocence. Is there any doubt about Davis' guilt based on what we heard? the jurors asked themselves. Then they wrote down their verdicts. It was unanimous. "I was under oath to vote according to the evidence we heard," she said. "I was compelled to agree [he was guilty] at the time.' But the trial troubled Forrest. She never spoke about it with anyone, not even with the man she later married. She got on with her new life, far from Savannah, far from the prison at Jackson, where Davis has been on death row for 16 years. "What I did was put it out of my mind," she said. After reviewing the new defense documents, she was eager to know what the clemency board would decide. "I was sitting on pins and needles to see if he got a stay," she said. Now, like every other interested party in the case, Forrest has to wait longer. If Davis winds up being executed, Forrest says she will have to live with herself. It will haunt her until her own death. |
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Attorneys challenging bankruptcy court
Legal Business |
2007/08/03 10:03
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Anticipating that the bankruptcy court may soon send child sexual-abuse lawsuits to trial, lawyers for the San Diego diocese are seeking to have a different federal judge determine how much the cases are worth. Attorneys for Bishop Robert Brom say a reason for the move is that they plan to make a legal challenge on constitutional grounds that is unsuited to be heard in bankruptcy court. But lawyers for nearly 160 men and women who have sued the Roman Catholic diocese for covering up sexual abuse by clergy members and others say the bishop is merely trying to duck the public specter of jury trials. Meanwhile, weeks of closed mediation talks with a federal magistrate have failed to produce a settlement of the abuse claims, nearly all of which were filed in 2003. A key question now is: What is likely to spur a settlement? Veteran legal observers say to look no further than last month's record, $660 million agreement between Los Angeles Cardinal Roger Mahony and attorneys for 508 plaintiffs to see the effect a looming trial has on settlement talks. The Los Angeles diocese settled on the eve of the first trial there. The matter of how to value the abuse lawsuits is set to be debated before federal bankruptcy Judge Louise DeCarl Adler on Aug. 23. She will consider a motion by the victims' attorneys to send dozens of the lawsuits back to state court for trial dates. The diocese wants to take the matter out of Adler's hands, however. Brom's attorneys, in a motion filed two weeks ago, are asking a U.S. District judge to estimate the value of the abuse lawsuits in a way that does not involve testimony in open court. In a response filed yesterday, attorneys representing the sexual-abuse victims called that idea "forum shopping." They said the diocese's action is about "fleeing a state court system that has resulted in average settlements well above the amount it wants to pay." The diocese has offered $95 million, or about $600,000 per victim on average, to settle the abuse lawsuits and emerge from Chapter 11 bankruptcy protection. Diocese attorneys say that offer reflects Brom's goal of trying to fairly compensate the victims while protecting the church's mission of educating Catholic children and ministering to the spiritual needs of parishioners. In court documents filed yesterday, plaintiffs' attorneys note that the Orange County diocese settled more than 90 abuse suits in 2004 for an average of $1.15 million apiece, and that the Los Angeles cases settled for $1.3 million on average. In March, on the first day of the bankruptcy case, Adler made it clear that she would "not be deciding the merits of the abuse cases." She said the value of the abuse claims will be resolved in one of three ways: They will be settled before a mediator, arbitrator or settlement judge; they may be estimated by the U.S. District Court; or they will be tried. Closed mediation talks continue before Magistrate Judge Leo Papas. An intense week of mediation is scheduled beginning Aug. 13, in advance of Adler's ruling on whether to release the cases for state court trials. The diocese's request to have the case-valuation issue decided by a U.S. District judge – whose power supersedes that of bankruptcy court judges – is expected to be considered soon. No hearing date has been set. One reason diocese attorneys give for wanting the matter placed before a U.S. District judge is that they hope to again argue that the 2002 California law allowing lawsuits regarding decades-old abuse incidents is unconstitutional. The diocese has raised that issue twice before in state court and once in federal court. It lost each time. A man with long experience mediating and deciding such complex and high-stakes issues is retired U.S. District Judge Lawrence Irving. "I've handled a lot of mass tort (personal-injury) cases, and one thing is typical of all of them: They never go to trial," Irving said. "What will force the diocese to settle these cases is to set them for trial immediately. And remember, both the bankruptcy judge and a U.S. District judge have the power to remand these cases for trial." |
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Ken Starr’s Law Firm Gives More to Hillary Clinton
Legal Business |
2007/07/31 06:36
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Attorneys at the law firm Kirkland & Ellis – home to Whitewater prosecutor Kenneth Starr – have donated more money to Hillary Clinton’s presidential campaign than to all the top Republican candidates combined. Lawyers at Chicago-based Kirkland – also home to Bush administration official Jay Lefkowitz – have contributed $111,950 to Clinton and another $82,651 to fellow Democrat Barack Obama. Donations to Republicans Rudy Giuliani, Mitt Romney and John McCain total $84,750. Kirkland attorneys gave 28 percent more to George Bush than to Al Gore in 2000, and 34 percent more to Bush than to John Kerry in 2004, Bloomberg.com reports. In an even more glaring example of politics making for strange bedfellows, lawyers at the firm Jones Day, which represents the Republican National Committee, have contributed more than three times as much to Clinton, Obama and John Edwards than to GOP candidates. "Firms want to be on the good side of who they think is going to be the incumbent, whether or not that person is good for business,” Bruce MacEwen, a nonpartisan legal consultant in New York, told Bloomberg. "The conventional wisdom is that the Democrats are going to win the White House.” The largest contribution to Clinton’s campaign came from a law firm – $241,220 from the attorneys at DLA Piper. The fundraising efforts there were led in part by Jim Blanchard, a partner and former governor of Michigan. Blanchard told Bloomberg that the shift to Democrats "has a lot to do with the war in Iraq, Guantanamo, torture” and controversies surrounding Attorney General Alberto Gonzales. © NewsMax 2007. All rights reserved. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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