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Rail agency sues contractor over LA collision
Legal Business | 2008/10/31 01:20
The Southern California Regional Rail Authority has filed a lawsuit against a contractor stemming from the deadly collision of one of its Metrolink commuter trains and a freight train on Sept. 12.

The contractor, Connex Railroad, provides the engineers who run Metrolink trains.

Investigators have said the Metrolink train went through a red signal and its engineer had repeatedly sent text messages on duty that day — one just seconds before the impact that killed 25 people.

Rail authority board Vice Chairman Keith Millhouse says the suit was filed Thursday in federal court. He declined to comment further on it.

A Connex spokeswoman says she hasn't seen the lawsuit.



Fla. ruling will help widow's anthrax lawsuit
Breaking Legal News | 2008/10/30 18:10
A Florida Supreme Court ruling issued Thursday will help the widow of an anthrax victim make her case that the government was ultimately responsible for her husband's death.

Maureen Stevens' husband, Robert, was a photo editor who was exposed to anthrax mailed to the Boca Raton office of American Media Inc., a supermarket tabloid publisher, in 2001. He was the first of five people killed and 17 others sickened in a series of similar attacks.

Justices ruled 4-1 that the defendants had a duty under Florida law to protect the public against the unauthorized release of lethal materials. It's an important, although preliminary, victory for the widow whose $50 million federal lawsuit also alleges the government and Battelle Memorial Institute, a private laboratory in Columbus, Ohio, were the source of the anthrax.

"We have no way of knowing whether Stevens will ultimately be able to prove a case against the defendants," Justice Harry Lee Anstead wrote in the majority opinion. "However, we concluded that Stevens' allegations are sufficient to open the courthouse doors."



Feds: Suspect in hoax anthrax scare did it before
Breaking Legal News | 2008/10/30 18:09
A California man suspected of mailing more than 120 hoax anthrax letters to media outlets was interviewed previously by the FBI after one similar mailing in 2007, but he was not charged.

Marc M. Keyser, 66, was interviewed by the FBI in January 2007 for allegedly sending a package containing a small aerosol can labeled "Anthrax," along with a compact disc, to the Sacramento News and Review newspaper, according a criminal complaint filed Thursday in federal court.

Keyser told agents then that he was using the mailing as a publicity stunt for a novel he had penned, and "to model what would happen if terrorist were to use anthrax ... to show the amount of anthrax a terrorist might spray into the air conditioning system in a shopping mall." The can did not contain anthrax.

Agents warned Keyser that he violated federal law and could be prosecuted, but they didn't arrest him. Agent Filip Colfescu said in the complaint that Keyser at the time apologized for the hoax "and told agents they should not worry, that he would not be doing it again."



Court weighs Calif. law on violent video games
Court Watch | 2008/10/30 18:09
Children in California who want to buy or rent a violent video game without a parent's permission could have that right taken away by a federal appeals panel, which heard arguments on the case Wednesday.

A state law passed in 2005 that tries to limit access to such games is under consideration by a three-judge panel of the 9th U.S. Circuit Court of Appeals.

The state law, which prohibits the sale or rental of the games to anyone under 18 and requires them to be clearly labeled, was struck down last year by a lower court. Video game manufacturers argued that it violates minors' First Amendment rights. Courts in several other states have struck down similar laws.

But California Deputy Attorney General Zackery Morazzini asked the federal appeals panel to uphold the law, saying violent games are just as obscene as the sexually explicit material limited from children by the U.S. Supreme Court.

He said states have every right to help parents who want to keep their children from playing violent video games.

The Video Software Dealers Association and Entertainment Software Association say imposing restrictions on video games could lead to states seeking limited access to other material under the guise of protecting children.



Obama campaign uses star power to court volunteers
Political and Legal | 2008/10/30 18:09
Edie Falco is fidgeting and looks nervous. The star of "The Sopranos" admits to her North Carolina audience that she's a product of lower Manhattan who barely understands voters above 14th Street. She talks for just five minutes and never mentions John McCain or George Bush.

"I've never had any intentions of trying to change anybody's mind," says Falco, a Barack Obama supporter. "I've heard a lot of celebrities talking about politics who, in my estimation, are not qualified to do so."

She adds, "Frankly, I'm embarrassed sometimes that they are representing my ilk, if you will."

For the seemingly endless number of celebrities who back Obama, trying to persuade people who already support the Illinois senator to volunteer for his campaign is as important as swaying undecided voters.

Four years ago, rocker Bruce Springsteen was the face of celebrity politics, making his first public endorsement of a candidate with a column in The New York Times before leading a series of swing-state concerts to urge a vote for Democratic nominee John Kerry.

While Obama has his share of celebrity concerts and endorsements — singer Dave Matthews playing a show in his home state of Virginia, legendary driver and team owner Junior Johnson sending an e-mail to NASCAR fans — he is using his support among famous faces differently.



Amputee awaits high court, wants musical glow back
Law Center | 2008/10/30 18:08
When Diana Levine turned 63 recently, her daughter made her a birthday card, drawing on Greek mythology with an illustration of Diana the Huntress, her bow string drawn taut, an arrow ready to fly.

But the arm pulling at the bowstring was amputated below the elbow — just like Diana Levine's — and the target was labeled the "Wyeth monster."

That's Wyeth as in Wyeth Pharmaceuticals, the company Levine blames for a botched injection of the Wyeth-made drug Phenergan that led doctors to amputate her right arm in 2000.

Levine, once a professional guitar player and pianist, now plays with one hand and sings. "It's about getting my glow back," she said recently as she was awaiting a hearing Monday before the U.S. Supreme Court, where Wyeth is appealing a $6.7 million verdict in her favor.

The outcome of Levine's case could have major ramifications for drug makers and consumers. The court is expected to decide whether people can sue under state law — or are pre-empted from doing so — for harm caused by a drug approved by the federal Food and Drug Administration.



Judge orders mom charged in kid's death released
Criminal Law | 2008/10/30 10:10
A woman accused with her husband of giving their 4-year-old daughter a fatal overdose of prescription drugs will be released from jail as she awaits trial, a judge ruled Thursday.

Judge Charles Hely said Carolyn Riley should be released on her own recognizance once she proves she has a place to live because she has been held without bail for 20 months.

The trial has been tentatively scheduled for Jan. 22, but could be postponed as the state Appeals Court considers prosecutors' appeal of a decision reducing the charge against the Rileys from first- to second-degree murder in the death of their daughter, Rebecca.

The girl was found dead on her parents' bedroom floor on Dec. 13, 2006.

A state medical examiner determined Rebecca died of a lethal combination of prescription drugs for bipolar disorder and attention deficit hyperactivity disorder, for which she and two older siblings were being treated.



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