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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."



Feds arrest Mass. senator on corruption charges
Breaking Legal News | 2008/10/28 18:57
A state senator who lost the Democratic primary last month was arrested by the FBI on Tuesday and charged with accepting $23,500 in bribes from undercover agents she believed were local businessmen.

Sen. Dianne Wilkerson was charged with attempted extortion as a public official and theft of honest services as a state senator. She did not enter a plea during an initial court appearance Tuesday.

She faces up to 20 years in prison and $250,000 in fines on each count.

Wilkerson, 53, lost the Democratic primary in September to former teacher Sonia Chang-Diaz despite support from Mayor Thomas Menino and Gov. Deval Patrick. She is running a write-in campaign for the Nov. 4 election, in hopes of retaining the seat she has held since 1993.

Wilkerson was ordered Tuesday to have no contact with witnesses and retain any documents related to the extortion case or to her personal finances.

In asking for those conditions, Assistant U.S. Attorney John McNeil said Wilkerson has a "long history of acting as if she is above the law."

Wilkerson's attorney, Max Stern, said she would obey the judge. She has been released on an unsecured $50,000 bond.



Condemned Ky. inmate wants to end all appeals
Breaking Legal News | 2008/10/28 18:53
A Kentucky inmate who has pushed to swiftly be put to death for killing two children said Tuesday he's mentally prepared to die but fears a legal fight could delay his execution.

"I believe it's finally going to be over. I'm getting myself prepared to be done and get it over with," Marco Allen Chapman told The Associated Press.

Defense attorneys this week asked the state Supreme Court to stay the 36-year-old's execution, set for Nov. 21. Even though Chapman dismissed his lawyers in 2004 before pleading guilty to murder, public defenders have continued to file motions on his behalf, questioning his competency.

Attorneys have also filed motions arguing that he shouldn't be put to death until appeals are exhausted in a separate case questioning Kentucky's execution protocol. That case is pending before the state Supreme Court.

Chapman has been found competent three times. He has sued public defenders, seeking an order to stop them from filing additional appeals. He says he wants to be executed for murdering 6-year-old Cody Sharon and 7-year-old Chelbi Sharon in the northern Kentucky town of Warsaw in August 2002.

The Kentucky Attorney General's office asked the state's high court on Tuesday to call off any more competency tests and allow Chapman to be executed.

If the lethal injection goes forward, he would become the first Kentucky inmate put to death since 1999.

Chapman remains hopeful that the court proceedings are swiftly concluded and says he's sorting through what could be the final details of his life.

"We're still working on things, like what to do with my remains," Chapman said.



Report: FDA officials opposed drug suit policy
Breaking Legal News | 2008/10/28 18:11
Top scientists and career employees at the Food and Drug Administration opposed agency regulations that weaken consumers' ability to sue drug makers, congressional investigators said Wednesday.

At issue is language in a drug labeling rule from 2006 that effectively limits when people can sue in state court over injury claims involving medications. The FDA contends federal regulations prevail when there is a conflict with state law. This concept is called pre-emption.

Internal agency documents showed that career officials opposed this approach, according to a report released by Rep. Henry Waxman, chairman of the House Oversight and Government Reform Committee. In the past, the agency had viewed private suits as an additional layer of protection against unsafe drugs, the report said.

"Much of the argument for why we are proposing to invoke pre-emption seems to be based on a false assumption that the FDA approved labeling is fully accurate and up-to-date in a real time basis," the report quoted Dr. John Jenkins, who oversees FDA's new drug reviews, as saying. "We know that such an assumption is false."



NY man named with Leno in lawsuit commits suicide
Breaking Legal News | 2008/10/23 18:55
A parking garage executive sued along with "Tonight Show" host Jay Leno over their purchases of valuable vintage cars apparently has killed himself in upstate New York.

Police in Warwick said Dennis Ricca died Oct. 17 of a single gunshot wound to the head. The 55-year-old was found behind the wheel of his pickup truck in the driveway of his summer home in Greenwood Lake, about 50 miles northwest of Manhattan. A 9 mm handgun was by his side.

Ricca was found three days after he and Leno were sued by the estate of Macy's department store heir John W. Straus. The lawsuit, filed in state Supreme Court in Manhattan, accuses them of knowingly buying valuable cars after an improper auction rigged to wrest the vehicles from Straus when he was ill.

Court papers said Leno paid $180,000 for a 1931 Duesenberg that was worth $1.2 million, and Ricca bought a 1930 Rolls Royce for an unknown amount. The cars were worth a total of $1.7 million and had been in the Straus family for 75 years, court papers say.

The lawsuit said parking garage owner Garage Management Corp. claimed it auctioned the long-stored cars to satisfy unpaid bills, although they actually had been paid. Ricca was the company's director of maintenance at the Upper East Side garage where the two cars were parked.



Court considers case on judicial ethics
Breaking Legal News | 2008/10/10 15:23
 Supreme Court justices regularly confront cases involving companies they own shares in or that employ a family member. The decision is easy — the justices have a conflict of interest that forces them to play no role in the case.

But what happens when the issue is less clear and a judge has the appearance of a conflict, but no personal stake in the outcome of a dispute? The court is considering a case that asks whether the Constitution requires judges to step aside in that instance.

The justices met in private Friday to discuss a lawsuit over a coal contract in West Virginia in which a state Supreme Court justice rejected calls to step aside because the leader of one company in the case spent more than $3 million to help him get elected.

Justice Brent Benjamin twice was in the majority in 3-2 decisions overturning a $50 million jury verdict against Massey Energy Co. Don Blankenship, Massey's president, chairman and chief executive officer, was a key Benjamin backer. Two other state court justices recused themselves from the case the second time it was under consideration.

The losing party, Harman Mining Corp., says the appearance of bias by Benjamin is so strong that Harman's constitutional rights were violated. Former Solicitor General Theodore Olson is representing Harman.



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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 and help you redesign your existing law firm site to secure your place in the internet.
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