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US court tosses protester's arrest at Liberty Bell
Breaking Legal News | 2010/06/17 08:21

An anti-abortion protester arrested in 2007 had a First Amendment right to demonstrate on a sidewalk near the entrance the building that houses the Liberty Bell, a federal appeals court ruled Wednesday.

The decision overturns lower-court rulings that upheld the arrest of Christian evangelical leader Michael Marcavage. Marcavage, who lives in suburban Lansdowne, had been sentenced to a year's probation for refusing a National Park Service order to move to a nearby designated demonstration area.

The appeals court tossed the two charges on free-speech and procedural grounds. The three-judge panel said Marcavage caused no more of a disturbance than other people near the Liberty Bell entrance, including a cancer-survivors group and the drivers of horse-drawn carriages hawking their services.

Marcavage founded a group, Repent America, that opposes abortion, homosexuality and the teaching of evolution.

He has been arrested repeatedly during protests up and down the East Coast. He successfully challenged a 2004 arrest for picketing at a Philadelphia street festival for gays and lesbians, but a Massachusetts court last year upheld a disorderly conduct conviction based on his refusal to stop using a megaphone at Salem's famed Halloween celebration.



New trial ordered in Texas swinger's club case
Court Watch | 2010/06/17 08:21

An appeals court has overturned the conviction of an east Texas man accused of grooming children as young as 5 to perform in sex shows at a small-town swingers club.

The 14th Court of Appeals in Houston on Thursday ordered a new trial for 43-year-old Patrick "Booger Red" Kelly. He was sentenced to life in prison two years ago after a jury found him guilty of engaging in organized criminal activity.

The three-judge panel agreed with Kelly's claim that he had not been allowed to present a proper defense.

Authorities alleged that Kelly was a member of the so-called Mineola Swinger's Club. They accused him of helping set up a "kindergarten" where children learned to dance provocatively. Kelly testified that he was innocent.



At spill hearing, BP CEO says he's 'deeply sorry'
Business | 2010/06/17 06:19

Chastened by heavy criticism from lawmakers, a grim-faced BP chief executive Tony Hayward said Thursday he was "deeply sorry" for his company's catastrophic oil spill in the Gulf of Mexico.

"I understand the seriousness of the situation, the frustrations and fears that continue to be voiced," he told a House investigations subcommittee.

But before testifying, Hayward had to endure more than an hour of mostly unrelenting criticism from Democrats and Republicans alike.

"We are not small people, but we wish to get our lives back," Rep. Bart Stupak, D-Mich., the panel's chairman, told Hayward, throwing back at the oil giant comments made the day before by BP Chairman Carl-Henric Svanberg — about how BP sympathized with the "small people" of the Gulf — and Hayward's earlier remark that he wanted his "life back."

In a sharp exchange, Stupak noted that over the past five years, 26 had died and 700 were injured in BP accidents — including the Gulf spill, a pipeline spill in Alaska and a refinery explosion in Texas. He asked Hayward whether the government should ban drilling by companies with such "poor safety records?"

Hayward insisted that safety had always been his top priority and "that is why I am so devastated with this accident." When he became CEO, Hayward said he would focus "like a laser" on safety, a phrase he repeated on Thursday.



Court to decide if Dutch girl can sail the world
International | 2010/06/17 05:20

A Dutch court is deciding whether a 14-year-old girl should be released from state custody so she can try to become the youngest person to sail solo around the globe.

Child welfare authorities are seeking a two-month extension of Laura Dekker's guardianship.

Since she was made a ward of the state last year, Dekker has been trying to satisfy concerns for her safety and welfare.

Last weekend she made a solo trip to England and back — 22 hours each way — to show her command of her small yacht and its seaworthiness.

Her lawyer says Laura has obtained a first-aid diploma and has been getting accustomed to lack of sleep. Arrangements are being made for her schooling.

The court in the southern city of Middelburg is making its announcement Thursday.



John Crane Inc. Found Liable for Engineman’s Illness
Practice Focuses | 2010/06/16 10:00

A Philadelphia court has awarded more than $4.5 million to a mesothelioma plaintiff and his wife of 57 years. Few mesothelioma plaintiffs live long enough to hear a final verdict in their cases, making the outcome of this reverse bifurcated trial especially significant.

Waters & Kraus, LLP, and the Shein Law Center, LTD, served as plaintiff’s counsel for former U.S. Navy engineman John Koeberle. The plaintiff was diagnosed with malignant pleural mesothelioma in April 2009. Under the reverse bifurcated system, Phase I requires a jury to first determine whether the plaintiff’s illness was caused by asbestos exposure. Neither the names of the manufacturers nor a suggested dollar amount for damages may be mentioned to the jury during this phase. According to Waters & Kraus attorney Demetrios Zacharopoulos, the team’s first order of business was to support the diagnosis of mesothelioma. Typically, the diagnosis is based on hard tissue samples, but Mr. Koeberle’s doctors advised that the physical risks associated with obtaining tissue samples from his lung were not in the plaintiff’s best interest. As a result, the diagnosis was made based on cytological examinations of fluids taken from Mr. Koeberle’s chest cavity — a diagnosis which was made by Mr. Koeberle’s treating physician and confirmed by Plaintiff’s medical expert Gordon Yu, M.D.

According to Mr. Koeberle’s testimony, his Naval duties from 1948 to 1957 included maintenance work on diesel engines, valves, and pumps requiring the replacement of asbestos-containing gasket and packing materials. Frequently, the removal of these materials involved scraping and wire-brushing, which generated conditions he described as “very dusty.” In addition, the process of inserting new gaskets and packing often involved cutting sheet material to fabricate a custom fit.


After a nine-day trial, the jury concluded that Mr. Koeberle’s exposure to asbestos was indeed a contributing cause of his mesothelioma. Mr. Koeberle was awarded $3 million under the Survival Act, and Mrs. Koeberle was awarded $1.5 million for loss of consortium, or deprivation of the benefits of a family relationship due to illness or injury.

The Phase II liability proceeding was a bench trial in which the court found John Crane Inc., the lone remaining defendant of seven original manufacturers in the case, liable for Mr. Koeberle’s illness under Section 402A’s strict liability rule. The plaintiff recalled seeing the name of the defendant and manufacturer, John Crane Inc., on the boxes he used while maintaining and repairing equipment for the Navy.

The judge ruled that Mr. Koeberle’s exposure to John Crane asbestos-containing gaskets and packing was a factual cause in the development of Mr. Koeberle’s mesothelioma. As a result, John Crane is liable for one-seventh of the amount of damages rendered by the Jury in Phase I.

Although Mr. Koeberle was too ill to be in the courtroom when the final decision was announced on June 3, WK attorney Demetrios Zacharopoulos said the plaintiff and his family are both pleased and relieved.

“These cases are never easy,” explained Mr. Zacharopoulos. “As with all of our cases, we pushed to expedite proceedings — and in this instance, Mr. Koeberle and his family were able to witness justice being rendered and having John Crane held accountable for its actions. They’re very pleased with the result, and they’re relieved that they can now move on and experience some closure.”

About Waters & Kraus, LLP
Waters & Kraus, LLP, is a plaintiffs’ firm concentrating on complex product liability and personal injury/wrongful death cases. The firm’s diverse practice includes toxic tort (asbestos and mesothelioma) litigation, pharmaceutical product liability, negligence, and consumer product liability, as well as qui tam (whistle-blower), and commercial litigation. With offices in Maryland, Texas, California, and Waters & Kraus has litigated cases in jurisdictions across the United States on behalf of individuals from all 50 states, as well as foreign governments.



BP agrees to $20B fund for spill victims
Breaking Legal News | 2010/06/16 09:56

President Barack Obama met on his own turf with top BP officials on Wednesday to press his demands that the London-based oil giant pay into a claims fund for victims of the worst oil spill in the nation's history.

BP Chairman Carl-Henric Svanberg, CEO Tony Hayward, and other officials walked slowly as a group from the Southwest Gate of the White House, where they were dropped off, and climbed the steps leading to the West Wing.

The meeting comes the morning after Obama vowed to an angry nation that "we will make BP pay for the damage their company has caused." BP is the majority owner of the deep water well that blew out on April 20, killing 11 rig workers and triggering the spill.

It was Obama's first meeting with BP officials since the spill. While Hayward has served as the voice of the company, the White House has been emphasizing the role of the company's chairman, Svanberg, instead.

Obama in his speech to the nation from the Oval Office backed creation of a fund administered by an independent trustee to pay damages and clean up costs associated with the spill.

Senate Majority Leader Harry Reid and other Democrats have suggested the fund be established with $20 billion from BP.



JDA Software may have to pay Dillard's $246M
Venture Business News | 2010/06/16 08:56

JDA Software may have to pay department store operator Dillard's $246 million in a dispute over a software licensing agreement, the company said Wednesday.

JDA, which makes which makes software that helps retailers manage inventory, said a Texas jury in state district court for Dallas County came down on the side of Dillard's in a ruling Tuesday.

Dillard's Inc. charged that JDA subsidiary i2 Technologies failed to meet its obligations under the licensing agreement.

JDA said it is reviewing the decision and will seek to have it overturned.

Shares of JDA Software Group Inc. fell 70 cents, or 2.5 percent, to $27 in premarket trading.



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