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Bush To Renew Effort On Immigration Plan
Legal Career News | 2007/04/09 12:09

President Bush returns to work Monday on the volatile issue of immigration, where his hope for a legislative breakthrough is complicated by cold relations with Congress. Bush will be back in Yuma, Ariz., to inspect the construction of border fencing and to push for the creation of a guest worker program and a path to citizenship for illegal immigrants. The trip serves as a bookend to the visit Bush made to the same southwest desert city last May.

He will also make calls to "resolve without amnesty and without animosity the status of the millions of illegal immigrants that are here right now," according to White House spokesman Scott Stanzel.

On the immigration issue Bush is facing a new congressional leadership that is friendlier to his views but is also facing the same dynamics that scuttled his last attempt: a cooperative Senate but bipartisan opposition in the House.

House Speaker Nancy Pelosi, a Democrat, has told the White House she cannot pass a bill with Democratic votes alone, nor will she seek to enforce party discipline on the issue.

Bush will have to produce at least 70 Republican votes before Pelosi considers a vote on comprehensive immigration legislation, a task that might be difficult for a president with low approval ratings.

Meanwhile, the Democratic Party's conservatives, particularly freshmen who seized their seats from Republicans, had to weather a barrage of attacks on the issue before their victories in November last year, and are not eager to relive the experience.

A recently leaked White House presentation devised after weeks of closed meetings with Republican senators suggests some hardening of Bush's positions.

The new proposals will suggest that illegal alien workers apply for three-year work visas, renewable indefinitely at a cost of 3,500 U.S. dollars each time.

In order to obtain a green card that would make them legal permanent residents, they would have to return to their home countries, apply for re-entry at a U.S. embassy or consulate, and pay a fine of 10,000 dollars.

More green cards would be made available to skilled workers by limiting visas for parents, children and siblings of U.S. citizens.

Temporary workers would not be able to bring their families into the country.

Key Democrats have said the plan would unacceptably split families while creating a permanent underclass of temporary workers with no prospects of fully participating in U.S. society.



Court Approves Water Project Near Mexican Border
Court Feed News | 2007/04/09 08:55

An appeals court has ruled that the federal government can line a major canal with concrete to stop huge leaks, rejecting arguments that growers across the border in Mexico need the leaking water for their crops.
Proponents of lining the All-American Canal say it would save 67,000 acre-feet of water, enough to meet the needs of more than 500,000 homes in fast-growing San Diego County.

Opponents, who sued to block the project, said it would devastate farmers in the Mexicali Valley.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled in favor of a law signed by President Bush last year that orders the Bureau of Reclamation to start the project without delay.

The court's ruling lifts an injunction granted last year when opponents sued.

Although more appeals are possible, the project's supporters said they hoped Friday's decision resolves the issue.

"This is truly a Good Friday," said Daniel S. Hentschke, a San Diego County Water Authority attorney. "This is enormously important for San Diego and the entire state."

The 82-mile-long canal was completed in 1942 to carry water west from the Colorado River. It irrigates crops along both sides of the border in an area about 100 miles east of San Diego.

Opponents of the $200 million project include both environmentalists and business representatives. They said lining a 23-mile section of the canal will dry up tens of thousands of acres of Mexican farmland, allow Mexican wells to become polluted and threaten migratory birds by eliminating wetlands. That could cause significant job losses and other economic problems on both sides of the border, they said.

The court said Mexico already takes 1.5 million acre-feet of Colorado River water a year under the terms of a 1944 treaty and is entitled to no more.




Benzene Case Taken to U.S. Supreme Court
Lawyer Blog News | 2007/04/08 16:11

A lawyer urges the U.S. Supreme Court to reverse the state Supreme Court ruling that barred her Alabama client from suing the manufacturers of a chemical he blamed for causing his rare form of leukemia. Jack Cline died in January of acute myelogenous leukemia. Until retiring in 1995, he worked with benzene for 37 years for a company that made railroad wheels.

Cline tried to sue Ashland Inc., Chevron Phillips Chemical, and ExxonMobil Corp., which produced the benzene he believed caused his disease. The judge presiding over the case ruled in favor of the defendants, stating that Cline waited too long to sue.

The judge’s ruling was based on a 1979 precedent that held that the two-year statute of limitations begins on the date of the last incidence of chemical exposure.

In Alabama, another precedent allows lawsuits only by persons who can show “manifest harm” or demonstrable injury. But because Cline’s illness was not diagnosed until 1999—four years after his last exposure—there was no allowable time period during which he could have sued, according to both precedents.

Cline’s lawyer, Leslie Brueckner, is arguing that the state ruling violated the 14th amendment, denying Cline due process of law.

If the U.S. Supreme Court accepts the case, oral arguments should begin sometime in the fall or winter.



Two Godfrey & Kahn lawyers received awards
Law Firm News | 2007/04/08 11:27



Two lawyers from Godfrey & Kahn, S.C. were among 17 people recognized as outstanding volunteers by The Milwaukee 7 at its recent advisory council meeting: Christine Liu McLaughlin, shareholder and member of the Labor & Employment Practice Group in the firm’s Milwaukee and Waukesha offices, and Mark C. Witt, shareholder and member of the Corporate Practice Group in the firm’s Milwaukee office. The awards were presented in appreciation of McLaughlin’s and Witt’s professional connections that helped open the door to many CEOs during the Milwaukee 7 CEO Call Program.

The Milwaukee 7, launched in September 2005, was formed to create a regional, cooperative economic development platform for the seven counties of southeastern Wisconsin: Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Waukesha and Washington. The CEO Call Program includes a team of 135 volunteers who have visited with the CEOs of 450 companies to aggregate information for a more systematic understanding of the business climate and address concerns to help attract, retain and grow diverse businesses and talent.

Christine Liu McLaughlin
McLaughlin provides counsel on an array of issues including hiring, discipline and termination; family and medical leave; federal and state disability discrimination; federal and state civil rights and fair employment; sexual and other unlawful harassment; workplace violence; contingent workforce; and affirmative action and compliance. She has conducted workshops and seminars on these and other employment law topics in Wisconsin as well as nationally. Additionally, McLaughlin was instrumental in the creation and implementation of Legal Resource Training, Godfrey & Kahn’s interactive training service initiated as a proactive tool to help clients avoid employment litigation.

McLaughlin is a member of the Society for Human Resource Management and the Human Resource Management Association of Southeastern Wisconsin.

Mark C. Witt
Witt’s practice is focused on business law, mergers and acquisitions, corporate finance, private equity and venture capital. Mark has been involved in numerous public and private business transactions as counsel to buyers, sellers, lenders and investors. He also is experienced in international business transactions and restructurings, including private equity and hedge fund investments in Asia. He assisted with the creation of Godfrey & Kahn's Shanghai office.

Witt serves as Chairman of the Board of Directors of the YMCA Holton Youth Center, and is a member of the Advisory Board of WIN-Milwaukee, and the Board of Directors of the Milwaukee Curling Club.

Founded in 1957, Godfrey & Kahn maintains offices in Milwaukee, Madison, Appleton, Green Bay, and Waukesha, WI; Washington, DC; and Shanghai, PRC. With more than 190 attorneys, Godfrey & Kahn provides legal and business advice to clients ranging from small businesses and governmental entities to large privately and publicly held national and international companies.

http://www.gklaw.com



Justice Department Aide Monica Goodling Resigns
Lawyer Blog News | 2007/04/07 18:07

Monica M. Goodling, one of the key aides who took part in planning the firings of eight US Attorneys who was formerly on voluntary leave from her post as special counsel to the US Attorney General, submitted her resignation without cause Friday. Goodling's resignation, effective Saturday, is the third by a Department of Justice official involved in the controversy. On Tuesday, Goodling told the House Judiciary Committee that she would not speak to the committee about her role in the firings, and stated through her lawyer, John Dowd, that she would seek protection under the Fifth Amendment if the committee issued her a subpoena.

Documents and records released by the DOJ in late March show that Goodling participated in multiple meetings planning the firings over a period of 12 months. Goodling was also involved in a April 6, 2006 telephone conversation with Sen. Pete Domenici (R-NM). Domenici had complained to the Bush administration concerning the speed of former Albuquerque US Attorney David Iglesias' investigation of local Democrats before the November 2006 elections. Dowd characterized any questioning of his client a "perjury trap" while citing the recent conviction of Lewis Libby in the CIA leak case.

On Monday, Sen. Patrick Leahy (D-VT), chair of the US Senate Judiciary Committee, rejected attempts by the Bush administration to move up the date that US Attorney General Alberto Gonzales is scheduled to testify. In March, Kyle Sampson, former chief of staff to Gonzales, who had resigned, told the Senate Judiciary Committee that the prosecutors were fired for political reasons rather than for poor performance as the Justice Department has claimed.



Charter Communications sues law firm for $150 million
Headline News | 2007/04/07 08:41

Charter Communications Inc. filed a $150-million lawsuit Friday against Irell & Manella, accusing the prominent Los Angeles law firm of "critical errors" in completing a 1999 cable TV acquisition.

Charter's suit, filed in U.S. District Court in Santa Ana, also alleges that Irell concealed its mistakes for as many as nine months in 2002 after learning about them.

Irell has been the longtime counsel for St. Louis-based Charter and its controlling chairman, Paul G. Allen, on a variety of deals, including recent refinancings.

Charter spokeswoman Anita Lamont said Friday that the malpractice claims could not be resolved short of a lawsuit.

Irell partner David Gindler accused Allen of failing to "honor the intent" of the deal that Charter's board approved.

"If Charter suffered any loss at all, our firm was not the cause," Gindler said. "We are confident that we will prevail as the whole story emerges in court."



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