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Hudson & Luros open law firm in Napa
Legal Marketing | 2008/07/03 03:24
Two local entrepreneurs have started a new law firm. Hudson & Luros, a general civil practice, specializes in business formation, estate planning, contract drafting, identity theft and intellectual property law.

“It shouldn’t be so difficult to get affordable legal help these days,” partner Jason Luros said.  “A growing area like Napa requires high-quality legal services, but with the current economy, the people of Napa also require reasonable rates. ...”
Hudson & Luros credits the Napa County Chamber of Commerce with taking some of the frustration out of starting a business.

“Starting a law firm is hard enough,” said partner Mary Hudson.  “The last thing we wanted to deal with was red tape. But starting a business in Napa is not as hard as one would think. The city has been extremely helpful throughout this process, and the Chamber of Commerce has been a useful resource.”
“Our goal in starting this law firm is to provide a service to the people of Napa that is both affordable and of the highest quality,” Luros said.  “Thanks to the help of local Napa resources, we have the potential to make our business dreams a reality.”

Hudson & Luros will offer free one-hour consultations to potential clients.  Most legal services may be negotiated on a flat-fee basis.

For more information go to www.hudsonluros.com


NY drops claims against Grasso after court defeat
Legal Business | 2008/07/02 08:54
The four-year legal battle over former NYSE Chairman Richard Grasso's $187.5 million compensation package ended Tuesday when a New York appeals court dismissed claims against him of excessive pay and the state's top prosecutor said the case was closed.

"We have reviewed the court's opinion and determined that an appeal would not be warranted," Attorney General Andrew Cuomo's spokesman Alex Detrick said. "Thus, for all intents and purposes, the Grasso case is over."

Cuomo's announcement came soon after the Appellate Division of State Supreme Court ruled the attorney general's authority to pursue two remaining claims against Grasso lapsed when the New York Stock Exchange changed in 2005 from a nonprofit to a for-profit corporation. Last week, the Court of Appeals, New York's highest court, dismissed four common law claims against the 2003 compensation package.

The midlevel court concluded Tuesday that seeking to recover money for two remaining claims under New York's Not-For-Profit Corporation Law would simply benefit the NYSE's private owners. The court also dismissed a claim against Home Depot founder Kenneth Langone, who was chairman of the exchange's compensation committee and was accused of misleading other NYSE board members about Grasso's pay.

Justice James McGuire wrote that based on case law and the "evident purpose" of the not-for-profit law, the attorney general's authority to pursue the claims "lapsed" when the NYSE became a for-profit corporation. He wrote for the court majority.



Judges rip Texas courts in death penalty case
Breaking Legal News | 2008/07/02 08:51
A federal appeals court blasted Texas courts for refusing to hold a hearing to consider evidence that a convicted killer may be mentally disabled, therefore ineligible for the death penalty.

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ordered a federal evidentiary hearing for Michael Wayne Hall, who was sentenced to die for the 1998 slaying of a 19-year-old woman abducted as she rode her bicycle to work.

The panel criticized both the trial court and the state's highest criminal appeals court for relying on written arguments rather than holding an open evidentiary hearing in Hall's case.

"The facts before us are a core manifestation of a case where the state failed to provide a full and fair hearing and where such a hearing would bring out facts which, if proven true, support ... relief," the judges said.

The ruling late Monday reversed the findings of a federal district judge who upheld the state courts' rejection of defense attorneys' claims that Hall is mentally disabled. The U.S. Supreme Court has ruled that mentally disabled people may not be executed.



Court tosses $785,000 award over cancer death
Health Care | 2008/07/02 07:54
A federal appeals court has thrown out a $785,000 award to a woman who blamed her mother's cancer death on contamination from a wood treatment plant in Mississippi, one of hundreds of such cases against the facility's owner.

The 5th U.S. Circuit Court of Appeals in New Orleans ruled Monday that the state's three-year statute of limitations barred Kenesha Barnes' claim against Koppers Inc. and Beazer East Inc.

After a three-week trial in 2006, a jury found the companies liable for negligently exposing Barnes' mother, Sherrie, to harmful chemicals from the Grenada plant, which treats railroad crossties and utility poles with creosote and other chemicals.

Sherrie Barnes, who lived next to the plant her entire life, died about a year after she was diagnosed with breast cancer in June 1997. More than five years elapsed between her diagnosis and the date in 2003 when Kenesha Barnes filed a wrongful death suit on her mother's behalf.

A three-judge panel from the 5th Circuit said the companies raised "troubling questions" about how the case was handled by U.S. District Judge W. Allen Pepper Jr., including his decisions on the admission of expert testimony.



Astra shares up 6 pct on Seroquel court ruling
Securities | 2008/07/02 06:52
Shares in AstraZeneca PLC jumped 6 percent Wednesday after the drug maker won a key patent battle in the United States over Seroquel, its anti-psychotic drug and second-best seller.

The decision by a U.S. court to award a summary judgment in AstraZeneca's favor avoids the need for a full trial and means that generic copies of Seroquel, which raked in $4 billion in sales last year, will not be launched any time soon.

"We are pleased with the court's decision to uphold our valid intellectual property," AstraZeneca chief executive officer David Brennan said in a statement.

Shares rose 6.1 percent to 2,260 pence ($44.88) in London. Shares jumped 3.4 percent to $44.89 in premarket trade on the New York Stock Exchange.

Teva Pharmaceutical Industries Ltd., the world's biggest generic drug maker, said it plans to appeal the judgment by the U.S. District Court for the District of New Jersey.

A summary judgment of "No Inequitable Conduct" is traditionally difficult to win because it requires the company to prove the intent of the patent holder.



McCain criticizes Obama's high court favorites
Politics | 2008/07/02 05:52
Republican John McCain said Tuesday that his Democratic rival's Supreme Court nominees would produce more decisions like the child rapist ruling that both presidential candidates have criticized.

Addressing the National Sheriff's Association, McCain acknowledged that Democrat Barack Obama had also disagreed with the decision that struck down a Louisiana law allowing capital punishment for people who rape children under 12. Obama said he believed carefully crafted state laws permitting execution of child rapists do not violate the Constitution.

Nevertheless, McCain asked: "Why is it that the majority includes the same justices he usually holds out as the models for future nominations?"

"My opponent may not care for this particular decision, but it was exactly the kind of opinion we could expect from an Obama court," the Arizona senator said.

When asked by CNN in May whether any current justices would be models for his nominees, Obama replied that he considered Stephen Breyer, Ruth Bader Ginsburg and David Souter to be sensible judges. All three voted in the majority in the child rape case, as did Justices Anthony Kennedy and John Paul Stevens.

McCain himself voted to confirm four of the five who voted in the majority. He was not in the Senate in 1975 when Stevens was confirmed.



R.I. high court overturns lead paint verdict
Court Watch | 2008/07/02 03:53
Rhode Island's Supreme Court on Tuesday overturned a first-in-the-nation jury verdict that found three former lead paint companies responsible for creating a public nuisance, rejecting a closely watched case that had been seen as a bellwether for potential suits across the country.

The 4-0 decision ends the nearly decade-long court fight and spares the companies from potentially billions in cleanup costs for hundreds of thousands of contaminated homes.

Rhode Island was the first state to successfully sue former makers of lead pigment and paint, which can cause learning disabilities, brain damage and other health problems in children. A jury in 2006 found Sherwin-Williams Co., NL Industries, Inc. and Millennium Holdings LLC liable for creating a public nuisance by manufacturing a toxic product.

The state had proposed that the companies spend $2.4 billion inspecting and cleaning hundreds of thousands of Rhode Island homes believed to contain lead paint.

The ruling was immediately denounced by groups supporting punitive action against paint companies.



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