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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."



Man Who Abused Puppy Sentenced to Jail
Court Feed News | 2007/04/07 08:23

A man has pleaded guilty to animal cruelty charges after authorities said he told workers at a local shelter that he was getting rid of his Doberman puppy because his hands hurt from hitting it.

Isaak Gowhari, 34, of Los Angeles, was sentenced Thursday to 45 days in county jail after entering his plea to the misdemeanor counts. The judge also barred Gowhari from owning an animal for three years.

Gowhari could not immediately be reached for comment. His telephone number was unlisted.

Authorities said Gowhari came under investigation after he gave Gracie, a 7-month-old Doberman, to an animal shelter. The puppy had newly broken ribs and injuries to its legs.

"Gowhari told the animal shelter workers that he was surrendering the dog because his hands hurt from hitting the animal," said animal control Officer Ernesto Poblano.

Photos seized by investigators showed Gracie's snout taped shut and her legs bandaged.

"At times, Gowhari did get Gracie medical care for the injuries he inflicted, but he apparently did not follow up on treatments and the injuries became aggravated and did not heal," Poblano said.

Gracie recovered from her injuries and has since been adopted.



Man Pleads Guilty To Running Off With 13-Year-Old Girl
Court Feed News | 2007/04/07 08:15

A 22-year-old man who ran off with his boss's 13-year-old daughter will be heading to federal prison. Eric Sanchez was arrested on a Greyhound bus in St. Louis last June when federal agents boarded their bus and pulled him and the girl off. The girl is back with her parents in Norwalk. At the time, Sanchez worked for the landscaping company owned by the girl's family.

Sanchez, a Mexican citizen, on Wednesday waived his right to a federal grand jury indictment and pleaded guilty to crossing state lines with a minor for the purpose of engaging in sexual activity.

Sanchez is expected to be sentenced June 22 to at least five years and as many as 30 in federal prison. U.S. District Judge Janet C. Hall advised Sanchez that after he completes his prison term he will be deported.

Assistant U.S. Attorney James K. Filan Jr. told the judge that the teenager admitted having a sexual relationship with Sanchez.

On June 10, Filan said the pair left Norwalk and traveled to New York City, where they boarded a bus with the intention of going to California, where they would live with Sanchez's sister.

The girl's parents contacted authorities, who quickly learned from one of her friends that she had telephoned from New York.

Filan said FBI agents were able to trace telephone calls she made to a bus station in Indiana and learned the bus was headed to St. Louis. On June 14, agents stopped the bus, boarded it and arrested Sanchez, the prosecutor said.



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