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Merck says appeals court overturns Vioxx verdict
Court Watch |
2008/05/15 03:40
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| A Texas appeals court on Wednesday overturned a multimillion-dollar verdict against Merck & Co. in one of the few trials it lost over its withdrawn painkiller Vioxx. A jury in Rio Grande City, Texas, in April 2006 awarded $32 million to the widow of 71-year-old Leonel Garza, a short-term Vioxx user who died of a heart attack in 2001. That award — $7 million for compensatory damages and $25 million for punitive damages — later was cut to about $7.75 million under Texas law limiting damages. On Wednesday, a three-judge panel of the Texas 4th Court of Appeals overturned the verdict, ruling in favor of Merck. The opinion was signed by Justice Sandee Bryan Marion. The judges wrote that Garza's family did not prove his brief use of Vioxx caused two blood clots that the family's attorneys argued triggered his heart attack. The judges also concluded the family did not provide sufficient evidence to rule out his long-standing heart disease as the cause of his fatal heart attack.
Garza had a prior heart attack and heart bypass surgery, smoked for nearly 30 years and died of the second heart attack after taking Vioxx for less than a month. Merck lawyers had argued that heart attack was the end result of his 23 years of heart disease. "There was simply no reliable evidence Vioxx caused Mr. Garza's heart attack," Travis Sales, one of the attorneys who represented Merck during the trial, said in an interview. David Hockema, one of the Garza family attorneys, said they had just read the opinion and had not decided on their next move. Possible next steps would be a motion for a rehearing before the same court of appeals or a petition to the Texas Supreme Court, he said. "I think the decision is clearly wrong and sets an impossible burden for the plaintiff to show the offending instrument (Vioxx) was the sole cause of their injury," Hockema said. After the trial, a juror admitted previously borrowing more than $12,000 from Garza's widow, Felicia, an issue that Merck also raised in its appeal, Sales noted. However, that was not mentioned in the three-page appellate court decision. |
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Woman pleads guilty in Spitzer prostitution probe
Court Watch |
2008/05/14 05:07
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| A woman accused of booking clients for a prostitution ring has pleaded guilty in the federal probe that brought down former New York Gov. Eliot Spitzer. Temeka Rachelle Lewis pleaded guilty Wednesday to promoting prostitution and money laundering. The 32-year-old is among four defendants in the case involving the Emperor's Club VIP call-girl ring. Court papers say the FBI secretly recorded conversations between Lewis and Spitzer about a Feb. 13 tryst with a prostitute in Washington. The former governor is identified in the court papers as Client No. 9 |
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Ohio man jailed because daughter didn't earn GED
Court Watch |
2008/05/13 09:11
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| A man ordered by a judge to make sure his daughter hit the books has found himself in jail because she failed to earn a high school equivalency diploma. Brian Gegner, of Fairfield, was sentenced last week to 180 days in jail for contributing to the unruliness or delinquency of a minor. He was ordered months ago to make sure his 18-year-old daughter Brittany Gegner, who has a history of truancy, received her GED — something that hasn't happened yet. Brittany Gegner, who said Monday that she plans to take a required GED test this month, said her father shouldn't be blamed for her failure because she has been living with her mother. "It was my wrongdoing, not his," said Brittany Gegner, whose fiance and 18-month-old daughter also live at her mother's home in nearby Hamilton. "He shouldn't have to go to jail for something I did." Her mother agrees. "Brittany is almost 19 years old now and I think it's unfair to put her father in jail," said Shana Roach. "She's an adult now, and it's not right to rip an innocent man from his home." Butler County Juvenile Court administrator Rob Clevenger Jr. said Monday that the court still has jurisdiction in the case because Brittany Gegner was a juvenile when the truancy problems began and when the charge against Brian Gegner was filed in 2007. A hearing on a motion filed by Brian Gegner's attorney to reconsider the sentence is scheduled for Friday. Messages seeking comment were not returned Monday at the offices of defense attorney Tamara Sack and the Butler County prosecutor. Brian Gegner's wife, Stephanie Gegner, said she and her husband are afraid he will lose his job if he remains in jail. She said they tried to keep his daughter in school. "You'd take her to school and she'd go out the other door," Stephanie Gegner said. |
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Appeals court rejects coach's appeal in bean case
Court Watch |
2008/05/13 08:08
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| The Pennsylvania Superior Court has rejected the appeal of a former youth baseball coach convicted of offering a player $25 to bean a 9-year-old autistic teammate. The court didn't consider arguments on behalf of 31-year-old Mark Downs Jr. of Dunbar, saying his attorney missed a filing deadline by two weeks. Downs has been sentenced to one-to-six years in prison, but has remained free on bond pending appeal. Downs was convicted of corruption of minors and simple assault for offering an 8-year-old player money to hit a mildly autistic teammate with a ball during warmups before a June 2005 playoff game. Prosecutors say Downs wanted the autistic boy to be hurt and unable to play in the game. |
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Court rules that magistrate may preside
Court Watch |
2008/05/12 08:33
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| The Supreme Court ruled Monday that a federal magistrate may preside over jury selection in criminal cases, as long as the attorney for a defendant explicitly permits it. The 8-1 decision came in a drug-trafficking case from Laredo, Texas, where a lawyer for defendant Homero Gonzalez allowed a magistrate to oversee the questioning of prospective jurors. On appeal, Gonzalez argued that the court should have obtained his consent before a magistrate presided. In the majority opinion, Justice Anthony Kennedy said federal law allows the practice and that "this is not a case where the magistrate judge is asked to preside or make determinations after the trial has commenced." Justice Clarence Thomas dissented, saying, "Whatever their virtues, magistrate judges are no substitute" for U.S. District Court judges. U.S. District judges are appointed by the president, confirmed by the Senate, have life tenure and their salaries cannot be reduced. Magistrates, appointed by U.S. District judges, have no such protection. A Mexican citizen, Gonzalez does not speak fluent English and did not have an interpreter at the bench conference where his attorney consented to designating the magistrate for the task. Ordinarily, U.S. District Court judges participate in selecting juries for criminal and civil trials, a process known as voir dire. Lawyers regard voir dire as one of the most important parts of a case because it often uncovers biases, leading to excluding members of the group of citizens from which a jury is selected. There are more than 500 federal magistrate judges, who serve eight-year terms and are recommended by a citizen's merit screening committee. The magistrate setup was begun by Congress in 1968, expanding on a system that is 175 years old. Faced with increasing caseloads, the federal judiciary assigns an array of duties to magistrates. Those include initial proceedings in criminal cases, presiding over some minor criminal trials and trials of civil cases with the consent of both sides. |
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Driver found guilty in crash that killed 5 in Ohio
Court Watch |
2008/05/12 03:37
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| A man has been found guilty in a wrong-way crash in Toledo, Ohio that killed a mother and four children. Police say Michael Gagnon was driving drunk and in the wrong direction Dec. 30 when his pickup truck hit a minivan filled with eight people returning from a Christmas trip. Police say Gagnon's blood-alcohol level was more than twice the legal limit. Gagnon has pleaded no contest. He was found guilty Friday of aggravated vehicular homicide and aggravated vehicular assault and faces up to 50 years in prison. |
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LA judge rules in favor of Notorious B.I.G.'s family
Court Watch |
2008/05/09 03:14
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| A judge has reinstated a wrongful-death lawsuit brought by the family of slain rapper Notorious B.I.G., reversing an earlier decision to dismiss the case. U.S. District Judge Florence-Marie Cooper threw out the lawsuit March 21 after determining the family missed a state deadline for bringing a claim against the city and two former police officers. The lawsuit was originally filed in Los Angeles Superior Court, then moved to federal court. The family appealed, and the judge reversed her decision after finding federal claims in the case can proceed, according to court papers obtained Thursday. Cooper gave the family 20 days to file a new lawsuit and drop the state claims. B.I.G., whose real name was Christopher Wallace, was gunned down March 9, 1997, while leaving a party at a Los Angeles museum. The 24-year-old performer's killing remains unsolved. Two wrongful death lawsuits were filed against the city on behalf of the rapper's widow, mother and two children. The first lawsuit, filed in 2002, alleges wrongful death and civil rights violations. It ended in a mistrial in 2005. The case remains active, with the judge allowing the family to amend the lawsuit because of newly discovered evidence. Cooper's recent ruling involved the secondary lawsuit, which contends that rogue police officers conspired to kill Wallace and that the Police Department covered up their involvement. |
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