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Suspects in W.Va. Torture Set for Court
Lawyer Blog News | 2007/09/16 17:19
Six white people accused of holding a black woman captive while they tortured and sexually assaulted her are scheduled to make their initial court appearances this week. But the proceedings may be delayed because public defenders representing two of the defendants have recused themselves, Logan County Prosecutor Brian Abraham said.

The six defendants are charged with assaulting Megan Williams, 20, for more than a week at a ramshackle trailer in Big Creek. Police say she was tortured, sexually assaulted, forced to eat animal droppings and taunted with a racial slur.

Bobby Brewster, George Messer, Alisha Burton and Karen Burton are scheduled to appear Monday in Logan County Magistrate Court. Frankie Brewster and Danny Combs are scheduled for to appear on Tuesday.

Public defenders representing Bobby Brewster and Messer have recused themselves because they had represented some of the defendants in the past.

A public defender can't represent a defendant in this case if they have represented any of the other defendants in past cases, Logan County Magistrate Court Clerk Deeanna Briggs said.

Since 1991, police have filed 108 criminal charges against the six.

Jack Rogers, executive director of the state's public defender services, said other lawyers could be hired on short-term contracts, or attorneys could be brought in from neighboring counties.

Frankie Brewster, 49, and her son, Bobby Brewster, 24, are both charged with kidnapping and sexual assault, among other counts.

Combs, 20, of Harts, is charged with sexual assault and malicious wounding; Karen Burton, 46, of Chapmanville, is charged with malicious wounding, battery and assault during the commission of a felony; and Burton's daughter, Alisha Burton, 23, and Messer, 27, both of Chapmanville, are charged with assault during the commission of a felony and battery.

All six remain in custody in lieu of $100,000 bail each.

Betty Gregory, lawyer for Karen Burton, said Friday she intends to ask for a bond reduction for her client because the $100,000 cash bond is "grossly inappropriate."

The other lawyers representing the defendants did not immediately return telephone calls Sunday.

Because Williams is black and the defendants are white, some _ including church groups close to the Williams family _ want hate crimes charges filed, either at the state or federal level.

U.S. Attorney Charles T. Miller has said he doesn't currently plan to file civil rights charges, while Abraham said he may file new or amended charges in the days to come.



EU court rejects Akzo confidentiality complaint
Business Law Info | 2007/09/16 11:20

The European Union's second highest court on Monday dismissed Akzo Nobel's complaint against the European Commission over seized documents the firm claimed were covered by lawyer-client confidentiality. The Commission raided the Dutch chemical group's offices in Manchester, Britain, in 2003 in a price-fixing investigation and took documents that Akzo said were protected by legal professional privilege.

The Court of First Instance of the European Communities ruled that the Commission had committed an infringement by forcing Akzo and subsidiary Akcros Chemicals to allow investigators a cursory look at documents and by not allowing them to contest the action.

However, it added: "The Court concludes that the infringements on the part of the Commission ... did not result in unlawfully depriving them of (lawyer-client) protection in respect of those documents, since, as has been held, the Commission did not err in deciding that none of those documents in fact fell within the scope of that protection."

The firms can appeal against legal points of the ruling.

A spokesman for Akzo said it would study the ruling and could not say whether it would appeal.



Market volatility spurs class action
Class Action News | 2007/09/14 18:45

Employees participating in Countrywide Financial Corporation's 401(k) plan have filed a class-action lawsuit claiming the firm lost millions of dollars of their pension money during the recent market volatility. The case is against the mortgage company, its CEO, Angelo Mozilo, and all those responsible for overseeing the employees' retirement plan. Workers alleged illegal actions by the firm caused thousands of 401(k) plan participants to lose millions, after the company's stock plummeted when its financial situation became clear.

It was further alleged that while Mozilo and the insider-appointed benefits committee members had a fiduciary responsibility to warn employees of the company's precarious financial health, they hid information from plan participants.

Financial statements were also alleged to have been certified by Mozilo in an attempt to conceal the high-risk loans it was selling.

Steve Berman, the attorney representing the plaintiffs, said: "Most of these employees weren't risk takers, rather claims processors and line staff who go to work every morning, putting a little away every month for retirement, or to finance a child's education."

Countrywide Financial Corporation responded by saying that it had not yet seen the lawsuit, and did not generally comment on specific points of pending litigation.

A spokesperson said: " From what we can discern from the news release put out by the public relations firm for plaintiffs’ counsel, we do not believe the case has merit, and we will defend it vigorously.

“Countrywide values its work force, which we believe is among the most dedicated and talented in our industry, and we believe our 401(k) program is properly structured and provides competitive benefits to employee participants."



Measures To Curb Emissions Backed
Legal Career News | 2007/09/14 18:34
In a crucial ruling on the global warming issue, a federal judge said Wednesday that regulations adopted by Connecticut and 12 other states to curb greenhouse gas emissions from cars and light trucks don't conflict with federal law. Judge William K. Sessions III, of U.S. District Court in Burlington, Vt., ruled against the auto industry on every point in its attempt to block implementation of the rules, which are aimed at reducing global warming.

Although witnesses for both the auto industry and proponents of the regulations testified that the rules would have only a tiny impact on global temperatures, Sessions said that was no reason not to implement them.

"The fact that global warming will not be solved by changes in any one industry or by regulation of any one source of emissions in no way undercuts the vital nature of the problem or the validity of partial responses," he wrote. "Rather, it points to the necessity of responses, however incomplete when viewed individually, on any number of fronts."

Sessions discounted the automakers' claims that complying with the regulations would be technologically and economically unfeasible. "It is improbable that an industry that prides itself on its modernity, flexibility and innovativeness will be unable to meet the requirements of the regulation," he wrote.

Wednesday's decision was the second federal court victory in recent months for states and environmental groups trying to use federal anti-pollution laws to reduce emissions of carbon dioxide and other gases that cause global warming. In April, the U.S. Supreme Court ruled that the Environmental Protection Agency has a duty to consider whether the gases are harmful air pollutants.

It is unlikely to be the last word, however. Sessions' ruling could be appealed. Similar lawsuits are pending in two other states, and the EPA is now weighing approval of the regulations that were the subject of Wednesday's decision.

The case before Sessions involved regulations established in California in 2004 and later adopted by 12 other states, including all of New England except New Hampshire. The regulations would limit greenhouse gas emissions from cars, SUVs and light trucks beginning with the 2009 model year.

The rules were established under a provision of the federal Clean Air Act that allows California to set more stringent standards for vehicle tailpipe emissions, subject to EPA approval, and permits other states to adopt the California standards.

Automakers, however, sued California, Vermont and Rhode Island to block implementation of the rules, claiming they violate another set of federal laws concerning vehicle mileage. The Vermont case was the first to go to trial, with several environmental groups joining the state as defendants.

The manufacturers argued that the rules amount to mileage standards, which states cannot impose under federal law. That's because emission of carbon dioxide, the principal greenhouse gas, is directly related to the amount of gasoline burned. To reduce carbon dioxide emissions, therefore, manufacturers would have to increase vehicle mileage.

Even if the regulations aren't explicitly pre-empted by federal law, industry lawyers argued, they are contrary to the intent of the law - to spare manufacturers the burden of meeting different mileage standards in different states. Their witnesses said that the industry lacks the technology to meet the requirements, that compliance would add about $6,000 to the cost of a vehicle, and that automakers would be forced to stop selling most of their products in states that adopt the rules.

Sessions rejected the claim that the regulations are really mileage rules. Improving mileage is one way to reduce emissions, he said, but not the only way: Carmakers can get credit for improving air-conditioner efficiency, for example. Nor is better mileage alone sufficient: The California standards also require calculation of the emissions caused by the production of alternative fuels, such as ethanol, propane or natural gas.

And Sessions said he was not persuaded by witnesses who testified that the industry would be unable to comply with the regulations, saying they made overly conservative assumptions about the availability of technology and alternative fuels. Although witnesses testified that alternative fuels would not help automakers meet the regulations, Sessions wrote, top industry executives have publicly touted the use of those fuels as part of their strategies to reduce greenhouse gases. Similarly, he wrote, some technologies dismissed by witnesses as not practical are already in use.

In response to Wednesday's ruling, the lead plaintiff, the Alliance of Automobile Manufacturers, issued a brief statement in the name of president and CEO Dave McCurdy reiterating the Alliance's position and saying it is "studying the decision and considering the options, including an appeal."

The winners were more voluble. Massachusetts lawyer Matt Pawa, who represented several of the intervening environmental organizations, said Sessions had "given extraordinarily thorough consideration to all of the automakers' factual and legal arguments and rejected virtually all of them."

"The automakers have now had their day in court and they've lost," he said. "This a historic win for the planet."


Disappointed Democrats Map Withdrawal Strategy
Law & Politics | 2007/09/14 18:33

Senate Democratic leaders on Wednesday called the administration's plan to keep 130,000 or more troops in Iraq through mid-2008 unacceptable and promised to challenge the approach through legislation next week. Several proposals were being weighed, including one requiring the American military role to be shifted more to training and counterterrorism, in order to reduce the force by more than President Bush is expected to promise on Thursday. Another would guarantee troops longer respites from the battlefield, effectively cutting the numbers available for combat.

Even if those proposals draw the 60 votes needed to overcome a Senate filibuster — a level that has eluded Democrats this year — any real strictures on the president would face a veto, frustrating war critics and raising the prospect that roughly as many American troops might be in Iraq a year from now as were there a year ago.

Still, the Democrats tried to get ahead of President Bush's planned speech on Iraq on Thursday night, and to press what they see as a political advantage in opposing the war in the months before the 2008 elections.

Senator Harry Reid of Nevada, the majority leader, and two party leaders on military issues accused Mr. Bush of embracing "more of the same" and of trying to pass off a routine troop reduction as a significant shift in policy.

"That is unacceptable to me, it is unacceptable to the American people," said Mr. Reid, who was flanked by Senators Carl Levin of Michigan, chairman of the Armed Services Committee, and Jack Reed of Rhode Island, a West Point graduate.

Democratic presidential contenders also assailed the administration's plan.

Senator Barack Obama of Illinois called for the withdrawal of one or two combat brigades a month, starting immediately.

Senator Hillary Rodham Clinton of New York said taking credit for the force reductions that Gen. David H. Petraeus, the commander in Iraq, was recommending, and that Mr. Bush appeared ready to accept, was "like taking credit for the sun coming up in the morning."

With Democrats intensifying their attacks on the strategy outlined this week by General Petraeus, the administration is setting in motion its plans with a prime-time speech by the president on Thursday, a subsequent visit to a military base and continued appearances by General Petraeus and Ryan C. Crocker, the American ambassador in Baghdad.

At a news conference on Wednesday, General Petraeus reiterated that he was unwilling to commit to troop cuts beyond a five-brigade reduction by mid-July, a level he described as prudent. There are 20 combat brigades in Iraq.

He also took issue with claims that such a reduction would not be significantly faster than what had already been scheduled. Combat forces in Iraq serve up to 15-month tours. Under that limit, part of the Pentagon's broad effort to lessen the strains on the military, General Petraeus would not have had to pull out any combat units until April, instead of removing the first brigades in mid-December, he said.

"We are coming out quicker than we had to," he said.

The White House spokesman, Tony Snow, in his last news briefing before leaving the job, rejected Democrats' complaints that the administration's plan was simply a return to the level that existed before more than 30,000 additional troops were sent into Iraq this year, a buildup that the administration pointedly referred to as a surge, suggesting its temporary nature.

"It's a different country," said Mr. Snow of Iraq. "You have the ability to reduce the numbers because there have been changes that reduced the necessity of American involvement."

Senator Reid would not provide details of the legislative proposals that Democrats will pursue. But Mr. Levin and Mr. Reed have been working with some Republicans on a measure that would focus the military mission on counterterrorism, training Iraqis and protecting forces already there — a switch intended to allow large numbers of combat troops to be withdrawn by next spring.

"We have to go ahead and recognize the strain on the military forces and give them the tasks that they can do so well," said Mr. Reed, a former Army captain, "but within the capability of their resources and the best interests of the United States."

They have been exploring the idea of making the withdrawal more of an objective than a requirement in order to attract Republican votes, but that approach could cause defections by Democrats.

Democrats have been picking up new Republican support for a measure that requires troops to spend at least the same amount of time at their home bases as they did in Iraq before returning — a requirement that could reduce troop numbers because the Pentagon would not have as many eligible for deployment.

"I think that might be a good way to accelerate a troop reduction," said Senator Gordon Smith, Republican of Oregon, who noted that it was also popular with strained military families.

That measure attracted 56 votes this summer, and some Republicans who opposed it then, including George V. Voinovich, Republican of Ohio, have expressed new interest. Senator Arlen Specter, Republican of Pennsylvania, said Wednesday that he was considering the proposal, and Democrats were also trying to persuade Senator Lisa Murkowski, Republican of Alaska.

Mr. Reid said Democrats also planned to vote on more aggressive legislative challenges to the war, which could help appease critics who are demanding that Democrats take tougher action.

Democrats say they may also be more willing to try to attach conditions to coming Pentagon spending requests. (Democrats have been reluctant to limit money for the war unilaterally.) "I think the American people are getting tired of sending the money with no end in sight," said Senator Charles E. Schumer, Democrat of New York.

The struggle to settle on a party alternative illustrates the problems Democrats are having finding a way to take on the president that unites their party and avoids criticism that they are weak on national security.

As Democrats huddled Wednesday to prepare for the floor debate, a group of leading House Republicans arrived in Iraq to demonstrate their backing for the president. The lawmakers, led by Representative John A. Boehner of Ohio, the Republican leader, had been in Iraq less than five hours, but in a conference call with reporters they said their initial briefings had already confirmed improvements.

"Clearly what's happened over the last three months has been real success," said Mr. Boehner, who previously visited Iraq in July 2006.

In an interview on "The Today Show" on Wednesday, Secretary of State Condoleezza Rice said stabilizing Iraq was part of "a long process of dealing with what the president called a long time ago a generational challenge to our security brought on by extremism, coming principally out of the Middle East."

Speaker of the House Nancy Pelosi, a California Democrat, said Ms. Rice's comment represented an acknowledgment that the United States would be engaged in Iraq for "years to come."

"We need a new direction that redeploys our troops from Iraq, rebuilds our military and refocuses on fighting terrorism across the world," Ms. Pelosi said.



Kirkpatrick & Lockhart moving Pittsburgh offices
Law Firm News | 2007/09/14 14:41


The city's largest law firm plans to move its offices and, in turn, alter the city's skyline. Kirkpatrick & Lockhart Preston Gates Ellis is moving to One Oliver Center, a 39-story building that now features lighted signs for Ariba, a software firm.

The law firm signed a letter of intent to move by early 2010 and the building will be renamed K & L Gates Center because the firm will become its largest tenant. The building will also remove the Ariba signs and replace them with K & L Gates signs as part of the transition.

Ariba, based in Sunnyvale, Calif., extended its lease at the building to 2017 earlier this year, but it also cut the amount of space it will use from 10 to five floors.

Kirkpatrick & Lockhart will occupy 13 floors of the building.

The law firm has 235 lawyers and 650 employees in the city, and maintains 21 other offices in the United States, Europe and Asia.



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