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Doc Once Banned From Executions Hired
Breaking Legal News | 2007/11/15 07:33
A surgeon once barred from participating in state executions because of a federal judge's concerns about his dyslexia and lack of expertise has been hired for a federal government execution team, according to court records.

The federal ruling keeping Dr. Alan Doerhoff from working on Missouri executions was eventually overturned, but state officials have said they would not use Doerhoff again.

Doerhoff was the target of more than 20 malpractice lawsuits and was reprimanded by the state for not disclosing them.

The federal government has hired Doerhoff as part of a team that executes condemned prisoners by injection at the federal prison at Terre Haute, Ind., according to a court pleading filed by six inmates sentenced to die there. The inmates challenged the government for relying on Doerhoff's help in performing execution duties.

Calls to Doerhoff and the U.S. Department of Justice were not immediately returned. His hiring was first reported Thursday in the Los Angeles Times.

A spokeswoman for the federal Bureau of Prisons said the agency could not comment and would not identify anyone on its execution team.

Richard Dieter, executive director of the Death Penalty Information Center, called Doerhoff's federal role "surprising and disturbing" and proof that "people are in the dark about much of this."

Last year, U.S. District Judge Fernando Gaitan Jr. called for reforms to Missouri executions and ruled that Doerhoff, 63, of Jefferson City, could not participate "in any manner, at any level" in the state's lethal injection process.

The doctor said in a deposition hearing that he is dyslexic, transposes numbers, and mixed and administered lethal drugs without a written lethal injection protocol, despite his lack of training in anesthesiology. A federal appeals court overturned Gaitan's ruling.

According to the newly revealed court records, Doerhoff was brought on at Terre Haute to develop execution procedures, place and monitor intravenous lines, assess a condemned inmate's level of consciousness after anesthesia is administered, and make a determination of death.

It's the only federal prison where executions occur, though executions there are on hold because the U.S. Supreme Court has agreed to review the constitutionality of lethal injection in a Kentucky case.

It's not clear how long Doerhoff has been helping the federal government and whether he assisted in executions in the past, or in the planning for future ones. Some of the material in the court record was redacted, and attorney Paul Enzinna, who filed the inmates' pleading, declined to comment.



Supreme Court May Target Second Amendment
Breaking Legal News | 2007/11/15 07:32
The Supreme Court took no action Tuesday in the case involving the District of Columbia's ban on handguns.

The justices discussed the case at their private conference on Friday, but reached no resolution.

Four justices must vote to grant an appeal. The court does not always reach a decision the first time it discusses a case.

At issue is the capital's 31-year ban on handguns, among the strictest gun-control laws in the nation. In March, a federal appeals court struck down the ban as incompatible with the Second Amendment.

The justices next meet on Nov. 20 to consider accepting appeals. Their decision could be announced then or when the court convenes for oral arguments on Nov. 26.



Sheriff Forces Inmates to Pay Rent
Criminal Law | 2007/11/15 07:27
A southern Georgia sheriff faces federal charges accusing him of billing inmates for room and board and interfering with an FBI investigation of local judges.

An indictment unsealed Thursday in U.S. District Court accuses Clinch County Sheriff Winston Peterson of perjury, obstruction of justice, using forced labor and extorting former jail inmates.

Peterson, 62, pleaded not guilty to the charges Thursday and was released on $10,000 bond.

Investigators say the sheriff charged jail inmates $18 per day for room and board. County officials agreed in April 2006 to return $27,000 to hundreds of inmates who paid the fees between 2000 and 2004. Peterson also used an inmate to do work at a business run by his wife, investigators say.

The sheriff is charged with obstructing justice by alerting an unindicted co-conspirator about the identity of an FBI informant he believed was part of a criminal investigation into courthouse activities. He is also accused of lying during a grand jury investigation of a Superior Court judge.

Neither Peterson nor his attorney could be reached for comment Thursday night. An after-hours call to his attorney's home went unanswered, and the sheriff could not be reached through the dispatcher.

Peterson is the latest Clinch County official to be caught up in investigations into the rural county's practices.

Superior Court Judge Brooks E. Blitch III and Chief State Court Judge Berrien Sutton face allegations by the Judicial Qualifications Commission, a state agency that investigates Georgia judges and has power to recommend removing them from office. They have not been charged with any crimes.

Blitch, 72, is accused of ordering illegal payments to county employees, ordering the early release of imprisoned felons and presiding over a case involving his son.

Blitch's attorneys have said an investigation will prove he is innocent.

Sutton is accused of appointing non-lawyers to hear criminal cases, pressing a magistrate judge to help one of his business associates and signing an illegal order to collect court fees that were later distributed to county officials.

Thomas Whithers, an attorney for Sutton, said Wednesday the judge looks forward to his day in court. "Judge Sutton has done nothing wrong and will vigorously defend these allegations," he said.



Milberg Weiss Investigates 401(k) Savings Plan
Class Action | 2007/11/14 15:17
The law firm of Milberg Weiss LLP is investigating possible illegal conduct relating to The First American Corporation 401(k) Savings Plan. Specifically, Milberg Weiss is investigating whether certain fiduciaries of the plan may have violated the Employee Retirement Income Security Act of 1974 ("ERISA") in at least two ways: (1) by allowing employee participants to invest in First American common stock when it was not prudent to do so, and (2) by failing to disclose First American’s problems.

The Milberg investigation relates to certain facts alleged in the lawsuit filed on November 1, 2007 by the Attorney General of the State of New York against First American Corporation (NYSE:FAF) and its wholly-owned subsidiary, eAppraiseIT. The suit alleges that First American Corporation violated federal and state laws by conspiring with Washington Mutual to inflate real estate appraisals. Disturbingly, evidence collected by the Attorney General, including internal emails, are alleged to show that eAppraiseIT executives knew that their scheme was illegal.

If you have an individual account with The First American Corporation 401(k) Savings Plan and your account holds First American Corporation common stock, you may have legal claims under ERISA.

Milberg Weiss LLP has been representing individual and institutional investors for nearly 40 years and serves as lead counsel in federal and state courts throughout the United States. Please visit the Milberg Weiss website (http://www.milbergweiss.com) for more information about the firm. If you wish to discuss this matter with us, or have any questions concerning your rights and interests with regard to this matter, please contact the following attorneys:

Lori G. Feldman
Anita B. Kartalopoulos
Milberg Weiss LLP
One Pennsylvania Plaza, 49th Fl.

New York, NY, 10119-0165
Phone number: (800) 320-5081
Email: contactus@milbergweiss.com

Website: http://www.milbergweiss.com


Greenberg Traurig named US Law Firm of the Year
Law Firm News | 2007/11/14 14:43
 Greenberg Traurig, an international law firm with offices in Orlando, was named the USA Law Firm of the Year by Chambers and Partners at a Nov. 8 awards ceremony in London.

The Chambers Global Awards Program honors excellence in legal services in countries around the world. Finalists are determined by independent research carried out during the prior year, with the winning firms selected by a panel that includes international corporate buyers of legal services.

Among the reasons why judges tapped the firm for the honor: Greenberg Traurig's commitment "to providing a broad national and international service to clients," as well as its "track record of working on big-ticket transactions."

Other law firm finalists for this award included: Latham & Watkins LLP, Ropes & Gray LLP, Kirkland & Ellis LLP, Hogan & Hartson LLP and Morrison & Foerster LLP. In 2006, Greenberg Traurig and Cravath, Swaine & Moore LLP were selected as runners-up for the award.

"The award is more than a tribute to the commitment to excellence by every member of our team -- it is a tribute to our clients," says Michael Sullivan, co-managing shareholder of Greenberg Traurig's Orlando office.

"On behalf of the Greenberg Traurig team, we thank our clients for this significant accolade," adds Orlando Evora, co-managing shareholder of the Orlando office.

Greenberg Traurig LLP is an international, full-service law firm with more than 1,700 attorneys and governmental affairs professionals in the U.S. and Europe. Florida offices include Orlando, Fort Lauderdale, Miami, Tallahassee, Tampa and West Palm Beach.

The law firm has 55 attorneys in Orlando.

Since 1969, Chambers and Partners has published The Chambers Guide, which lists the top lawyers in 175 countries.


Nixon Peabody Names First Sustainability Officer
Environmental | 2007/11/14 14:00
The Legal Newswire - International law firm Nixon Peabody LLP announces the appointment of a Chief Sustainability Officer. Carolyn S. Kaplan, an attorney in the firm’s energy and environmental practice, will serve in the new role. Nixon Peabody is the first in the legal industry to establish such a position, although many of the firm’s clients and global industries have done so as part of corporate commitments to sustainability.

Ms. Kaplan has almost two decades of experience with environmental protection and renewable energy projects. She counsels her clients on an array of issues that impact development projects and facilities, including environmental impact review, wetlands, tidelands licensing, storm water, water supply, land use, and hazardous waste site assessment and remediation. Ms. Kaplan co-chairs the firm’s Renewable Energy Team and has assisted clients on a variety of renewable energy projects, including the siting of land-based and offshore wind facilities. In her role as Chief Sustainability Officer, she will work closely with Nixon Peabody’s operations director to further reduce the firm’s carbon footprint and implement internal green initiatives, as well as to look for opportunities to partner with clients and potential clients on joint sustainability activities. The firm hopes that all of its personnel will become involved to identify innovative ways to improve the sustainability of its own activities and to advise clients in this rapidly growing sector. While serving as Chief Sustainability Officer, Ms. Kaplan will continue her legal practice in energy, environmental and land use law.

“This new position reflects our commitment to implement sustainable principles at every opportunity in our firm. We are supporting the commitment to sustainable practices that our clients are adopting and implementing,” said Harry P. Trueheart III, Chairman and Managing Partner of Nixon Peabody. “Although many law firms have separate practices that occasionally serve sustainable clients needs, at Nixon Peabody, we combine our legal experience, thought leadership, and good citizenship to serve our clients as very few other law firms can. With Carolyn serving as Chief Sustainability Officer, we intend to take our firm wide green initiative to the next level.”

For years, Nixon Peabody has been taking important steps towards sustainable business practices. Earlier this year, the firm announced the opening of its first green office in San Francisco which is a model of sustainable design, green building techniques, and a healthy work environment. The office has been certified by the United States Green Building Council under the program for Leadership in Energy and Environmental Design (LEED) making Nixon Peabody the first law firm in the U.S. to be LEED-certified in the category of "Commercial Interiors." The category includes all pre-existing office buildings and commercial space. In the coming months, other Nixon Peabody offices will also pursue LEED-certification. By establishing this position, the firm can achieve even greater progress. For example, all of the firm’s offices are implementing sustainability programs, adopting waste minimization practices, switching to eco-friendly building materials and cleaning products, and identifying other ways to reduce the firm’s carbon footprint.

“I’m proud to serve in this new role at Nixon Peabody,” said Ms. Kaplan. “In addition to improving our own performance, I believe we can assist our clients to achieve their business goals while attaining the best environmental result. I will be working with our attorneys and staff to identify sustainability efforts already underway within the firm, and to help develop plans to drive these efforts forward firm wide.”

Ms. Kaplan is an active member of the American Wind Energy Association (AWEA), serving on AWEA’s Siting Committee and Offshore Wind Working Group. She is active in the New England Environmental Business Council (EBC) and served as a co-chair of the EBC’s public policy committee. Ms. Kaplan has moderated and served on numerous panels involving renewable energy topics and she has published several articles on wind energy. She co-authors the renewable energy section of the biannual report for the American Bar Association’s section of Public Utility, Communications and Transportation Law (PUCAT). Ms. Kaplan received her J.D., cum laude, from Boston College Law School and she earned her B.A. from Cornell University.

About Nixon Peabody

Nixon Peabody LLP is one of the largest law firms in the United States and is recognized by American Lawyer Media as a "Global 100" firm. With 700 attorneys collaborating across 25 major practice areas in 17 office locations, including Boston, Chicago, London, Los Angeles, New York City, Rochester, San Francisco, Silicon Valley, and Washington, DC, the firm’s size, diversity, and advanced technological resources enable it to offer comprehensive legal services to individuals and organizations of all sizes in local, state, national, and international matters. Nixon Peabody has been recognized by FORTUNE magazine as one of its “100 Best Companies To Work For®” in 2007 for the second consecutive year. The firm has also been named to the Human Rights Campaign’s 2007 “Best Places To Work For GLBT Equality” list.


Peterson & Associates Advises Defibrilator Users
Class Action | 2007/11/14 12:20
Kansas City basedlaw firm, Peterson & Associates, P.C. (www.petersonlawfirm.com), is advising of recent news indicating the critical effects and possible death to those whom have a Medtronic Sprint Fidelis Defibrillator with faulty leads. The FDA issued a class I recall of Medtronic Sprint Fidelis Defibrillator leads because fractures have been detected in some leads. Models 6930, 6931, 6948 and 6949 are currently among the recall.

Reports have indicated that if a defibrillator lead breaks it may deliver unnecessary shocks or may fail to operate at all, which could result in death.

To determine if you have a defective lead, first research your card that identifies the model number of your defibrillator lead. Also, you can call your doctor who implanted your defibrillator and ask what types of leads were used with your defibrillator. Or, you may receive a letter from Medtronic.

If you believe you or someone you know has been a potential defibrillator lead, schedule a medical examination immediately. If you are amongst this recall you may be entitled to recover monetary compensation. All legal claims are subject to time limits so don't delay. A delay in filing a claim may result in the forfeiture and right you may have to compensation.

Peterson & Associates, P.C. is a leading products liability and personal injury law firm that has collected over $300 million in settlements and judgments for its clients. Headquartered in Kansas City, Missouri on the Country Club Plaza, Peterson & Associates, P.C., represents clients nationwide. Under the guidance of the firm's
president, David M. Peterson, Peterson & Associates, P.C. has collected compensation for thousands of clients who have suffered injuries from using dangerous medications and medical devices. The Firm is currently evaluating claims for clients injured by many dangerous pharmaceuticals and medical devices, such as users of the birth control patch Ortho Evra who suffered a heart attack, stroke, deep vein thrombosis, or pulmonary embolism, individuals who developed adverse reactions from either Ketek or Tequin, people developing Stevens Johnson Syndrome (SJS) or Primary Pulmonary Hypertension (PPH), those who suffered a heart attack while on Avandia, individuals who received recalled implantable cardiac devices manufactured by Guidant, Medtronic and St. Jude, as well as individuals exposed to Benzene who developed leukemia or Non-Hodgkins Lymphoma, to name a few.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements.


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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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