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Homeless woman in class-action suit against Fresno dies
Class Action News | 2007/08/05 16:31
A homeless woman suing the city of Fresno over the destruction of homeless people's belongings during raids on thier camps has died just days after the lawsuit gained class-action status.

Pamela Kincaid, 51, died Wednesday after friends said she fell four floors from a hospital stairwell.

The Fresno County Coroner's Office has called for an autopsy on Kincaid, who was also assaulted a few weeks before her death, said Dr. David Hadden, the county coroner. Kincaid was hospitalized after that attack with bruises on her head and abrasions on her body and face, according to police.

Kincaid was among a group of homeless people who sued the city last year for seizing and destroying their property during the raids. A federal judge granted the lawsuit class-action status Monday, which allows other homeless people who claim their personal property was taken and destroyed by the city to join the case.

In November, U.S. District Court Judge Oliver W. Wanger ordered the city to stop taking homeless people's property while the lawsuit made its way through court.



Guilty Plea Entered in Falwell Bomb Case
Court Feed News | 2007/08/05 02:24
A Liberty University student who pleaded not guilty last month to charges of possessing a bomb the night before the Rev. Jerry Falwell's funeral changed his plea in federal court. Mark David Uhl, 19, had pleaded not guilty during his arraignment July 27, but on Friday pleaded guilty to having an unregistered destructive device. He had been scheduled to go to trial Aug. 9.

He now faces as many as 10 years in prison when he is sentenced in November.

Uhl, who is being held at a jail in Lynchburg, was arrested May 21 after Campbell County authorities who searched the trunk of his car found five bombs that state police agents called "homemade napalm." Campbell authorities have said they do not believe Uhl intended to disrupt Falwell's funeral services or harm the Falwell family.

At a bond hearing in May, a federal agent said Uhl had other plans for violence, including a plot with a friend to disrupt a prom at his former high school in northern Virginia with pepper spray.



Caplan Law Firm Announces new BWI practice specialty
Law Firm News | 2007/08/04 16:34



Caplan Law Firm principal attorney Allan Caplan has announced that the firm is currently offering a new BWI practice specialty, defending Boating While Intoxicated (BWI) cases during the Summer months. Boating While Intoxicated (BWI) is the act of operating under the influence any motorized craft that carries a person over water, usually motor boats and jet skis, or even things like water skis.

A principal of Caplan Law Firm, P.A., Allan Caplan spent six years prosecuting major felonies and white collar crimes as an Assistant Hennepin County Attorney During his 32-year career. In 1983, Mr. Caplan formed Caplan Law Firm, P.A., one of the largest criminal defense firms in the Midwest, with six lawyers representing clients in criminal law matters, both locally and nationally. A Minnesota DUI attorney, Mr. Caplan has achieved numerous acquittals and successful results for his clients in every type of case ranging from DWI and DUI to first-degree murder.

The Caplan Law Firm, P.A., recognized as a top criminal defense and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota, the Minneapolis St. Paul area, Wisconsin, and the Federal Courts in a wide range of criminal matters.



Attorneys challenging bankruptcy court
Headline News | 2007/08/03 17:03

Anticipating that the bankruptcy court may soon send child sexual-abuse lawsuits to trial, lawyers for the San Diego diocese are seeking to have a different federal judge determine how much the cases are worth. Attorneys for Bishop Robert Brom say a reason for the move is that they plan to make a legal challenge on constitutional grounds that is unsuited to be heard in bankruptcy court.

But lawyers for nearly 160 men and women who have sued the Roman Catholic diocese for covering up sexual abuse by clergy members and others say the bishop is merely trying to duck the public specter of jury trials.

Meanwhile, weeks of closed mediation talks with a federal magistrate have failed to produce a settlement of the abuse claims, nearly all of which were filed in 2003.

A key question now is: What is likely to spur a settlement?

Veteran legal observers say to look no further than last month's record, $660 million agreement between Los Angeles Cardinal Roger Mahony and attorneys for 508 plaintiffs to see the effect a looming trial has on settlement talks. The Los Angeles diocese settled on the eve of the first trial there.

The matter of how to value the abuse lawsuits is set to be debated before federal bankruptcy Judge Louise DeCarl Adler on Aug. 23. She will consider a motion by the victims' attorneys to send dozens of the lawsuits back to state court for trial dates.

The diocese wants to take the matter out of Adler's hands, however. Brom's attorneys, in a motion filed two weeks ago, are asking a U.S. District judge to estimate the value of the abuse lawsuits in a way that does not involve testimony in open court.

In a response filed yesterday, attorneys representing the sexual-abuse victims called that idea "forum shopping."

They said the diocese's action is about "fleeing a state court system that has resulted in average settlements well above the amount it wants to pay."

The diocese has offered $95 million, or about $600,000 per victim on average, to settle the abuse lawsuits and emerge from Chapter 11 bankruptcy protection.

Diocese attorneys say that offer reflects Brom's goal of trying to fairly compensate the victims while protecting the church's mission of educating Catholic children and ministering to the spiritual needs of parishioners.

In court documents filed yesterday, plaintiffs' attorneys note that the Orange County diocese settled more than 90 abuse suits in 2004 for an average of $1.15 million apiece, and that the Los Angeles cases settled for $1.3 million on average.

In March, on the first day of the bankruptcy case, Adler made it clear that she would "not be deciding the merits of the abuse cases."

She said the value of the abuse claims will be resolved in one of three ways: They will be settled before a mediator, arbitrator or settlement judge; they may be estimated by the U.S. District Court; or they will be tried.

Closed mediation talks continue before Magistrate Judge Leo Papas. An intense week of mediation is scheduled beginning Aug. 13, in advance of Adler's ruling on whether to release the cases for state court trials.

The diocese's request to have the case-valuation issue decided by a U.S. District judge – whose power supersedes that of bankruptcy court judges – is expected to be considered soon. No hearing date has been set. One reason diocese attorneys give for wanting the matter placed before a U.S. District judge is that they hope to again argue that the 2002 California law allowing lawsuits regarding decades-old abuse incidents is unconstitutional.

The diocese has raised that issue twice before in state court and once in federal court. It lost each time.

A man with long experience mediating and deciding such complex and high-stakes issues is retired U.S. District Judge Lawrence Irving.

"I've handled a lot of mass tort (personal-injury) cases, and one thing is typical of all of them: They never go to trial," Irving said.

"What will force the diocese to settle these cases is to set them for trial immediately. And remember, both the bankruptcy judge and a U.S. District judge have the power to remand these cases for trial."



Court: FBI Violated Constitution in Raid
Lawyer Blog News | 2007/08/03 17:01

The FBI violated the Constitution when agents raided U.S. Rep. William Jefferson's office last year and viewed legislative documents in a corruption investigation, a federal appeals court ruled Friday. The court ordered the Justice Department to return any legislative documents it seized from the Louisiana Democrat's office on Capitol Hill. The court did not order the return of all the documents seized in the raid and did not say whether prosecutors could use any of the records against Jefferson in their bribery case.

Jefferson argued that the first-of-its-kind raid trampled congressional independence. The Constitution prohibits the executive branch from using its law enforcement powers to interfere with the lawmaking process. The Justice Department said that declaring the search unconstitutional would essentially prohibit the FBI from ever looking at a lawmaker's documents.

The U.S. Court of Appeals for the District of Columbia Circuit rejected that claim. The court held that, while the search itself was constitutional, FBI agents crossed the line when they viewed every record in the office without giving Jefferson the chance to argue that some documents involved legislative business.

"The review of the Congressman's paper files when the search was executed exposed legislative material to the Executive" and violated the Constitution, the court wrote. "The Congressman is entitled to the return of documents that the court determines to be privileged."

The raid was part of a 16-month international bribery investigation of Jefferson, who allegedly accepted $100,000 from a telecommunications businessman, $90,000 of which was later recovered in a freezer in the congressman's Washington home.

Jefferson pleaded not guilty in June to charges of soliciting more than $500,000 in bribes while using his office to broker business deals in Africa. The Justice Department said it built that case without using the disputed documents from the raid.

The court did not rule whether, because portions of the search were illegal, prosecutors should be barred from using any of the records in their case against Jefferson. That will be decided by the federal judge in Virginia who is presiding over the criminal case.

"Today's opinion underscores the fact that the Department of Justice is required to follow the law, and that it is bound to abide by the Constitution," defense attorney Robert Trout, said, promising more legal challenges to "overreaching by the government in this case."

The Justice Department did not immediately return messages seeking comment on the decision. Officials have said they took extraordinary steps, including using an FBI "filter team" not involved in the case to review the congressional documents. Government attorneys said the Constitution was not intended to shield lawmakers from prosecution for political corruption.

The court was not convinced. It said the Constitution insists that lawmakers must be free from any intrusion into their congressional duties. Such intrusion, even by a filter team, "may therefore chill the exchange of views with respect to legislative activity," the court held.

The case has cut across political party lines. Former House Speakers Newt Gingrich, a Republican, and Thomas Foley, a Democrat, filed legal documents opposing the raid, along with former House Minority Leader Bob Michel, a Republican.

Conservative groups Judicial Watch and the Washington Legal Foundation were joined by the liberal Citizens for Responsibility and Ethics in Washington in supporting the legality of the raid.

Following his indictment, Jefferson's supporters accused the Bush administration of targeting black Democrats to shift attention from the legal troubles of Republican congressmen.

"We are confident that as this case moves forward, and when all of the facts are known, we will prevail again and clear Congressman Jefferson's name," Trout said Friday.

Despite the looming investigation, Jefferson was re-elected to a ninth term in 2006. His win complicated things for Democratic leaders who promised to run the most ethical Congress in history.

House Speaker Nancy Pelosi, D-Calif., stripped Jefferson of his seat on the powerful Ways and Means Committee and placed him instead on the Small Business Committee. He resigned that committee assignment after being indicted.

The case was considered by Chief Judge Douglas H. Ginsburg, Judge Karen Lecraft Henderson and Judge Judith W. Rogers.



Bush wants terrorism law updated
Law & Politics | 2007/08/03 14:57
President Bush wants Congress to modernize a law that governs how intelligence agencies monitor the communications of suspected terrorists. The Foreign Intelligence Surveillance Act, or FISA, provides a legal foundation that allows information about terrorists‘ communications to be collected without violating civil liberties. Bush noted that terrorists now use disposable cell phones and the Internet to communicate, recruit operatives and plan attacks; such tools were not available when FISA passed nearly 30 years ago. He also cited a recently released intelligence estimate that concluded al-Qaida is using its growing strength in the Middle East to plot attacks on U.S. soil.

Sen. Russ Feingold, D-Wis., said Bush was trying to exploit the threat from al-Qaida to push the bill. Feingold said the measure was an "egregious power grab that includes broad new powers that have nothing to do with bringing FISA up to date."

Shortly after the Sept. 11 attacks, Bush authorized the NSA to spy on calls between people in the U.S. and suspected terrorists abroad without FISA court warrants. The administration said it needed to act more quickly than the court could. It also said the president had inherent authority under the Constitution to order warrantless domestic spying.

The national intelligence director, in a letter Wednesday to the House intelligence committee, stressed the need to be able to collect intelligence about foreign terrorists overseas. Mike McConnell said intelligence agencies should be able to do that without requirements imposed by an "out of date" law.

Reyes said Saturday that the committee is intently focused on the issue.

Caroline Fredrickson, director of the Washington legislative office of the American Civil Liberties Union, contends the White House is asking for more power to conduct warrantless domestic and international surveillance.

The ACLU said the legislation backed by the administration would give immunity from criminal prosecution and civil liability for the telecommunication companies that participate in the NSA program. The ACLU urged lawmakers to find out the full extent of current intelligence gathering under FISA before making changes.

The House Republican leader, Rep. John Boehner of Ohio, said Democrats are delaying necessary changes.

"Rather than learning the lessons of September 11 — that we need to break down the bureaucratic impediments to intelligence collection and analysis — Democrats have stonewalled Republican attempts to modernize FISA and close the terrorist loophole," he said Saturday.



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