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Feinberg to Oversee Oil-Spill Escrow Fund
Law & Politics | 2010/06/16 11:52

The White House is expected to tap Kenneth Feinberg as the independent administrator of an oil-spill escrow fund being negotiated by BP PLC and the administration, according to U.S. officials.

In his Oval Office address Tuesday night, President Barack Obama said BP should establish a restitution fund with "whatever resources are required," controlled by an independent administrator.

Lawmakers have suggested BP contribute $20 billion to the fund, which would would compensate Gulf residents for losses associated with the oil spill.

Mr. Feinberg will run the claims process as independent third party.

The attorney has taken on a series of high-profile arbitration cases during his career. He is currently the U.S. government's pay czar, a role in which he butted heads with financial executives over their pay packages. He also oversaw the federal government's compensation fund for victims of the Sept. 11, 2001, terrorist attacks.



Court bars stunt jumper from Empire State Building
Legal Career News | 2010/06/16 10:56
The TV daredevil who tried to parachute off the Empire State Building has been permanently banned from the New York City landmark. A Manhattan court ordered Jeb Corliss to stay away from the skyscraper. The ban was part of a ruling last week in a lawsuit filed by the building's management.

Corliss' lawyer, Mark Jay Heller, says the stunt jumper had already promised to avoid the building unless invited back. An Empire State Building spokeswoman didn't immediately return a call for comment Tuesday evening.

Corliss was the host of a Discovery Channel program called "Stunt Junkies" when he tried to parachute from the 86th-floor observation deck of the 102-story landmark in April 2006. Security guards stopped him.



Court to review order for Calif. to reduce inmates
Court Feed News | 2010/06/15 17:43
The U.S. Supreme Court on Monday said it will review whether California must cut its prison population by nearly 40,000 inmates to improve medical and mental health care, escalating a legal battle that has been playing out for two decades.

The justices agreed to hear the state's appeal of a court order to reduce its inmate population by December 2011. The state argues that a panel of three federal judges overstepped its authority.

The administration of Gov. Arnold Schwarzenegger acknowledges the state's 33 adult prisons are filled beyond their intended capacity but says it has been making progress to improve health care for inmates. The case involves lawsuits that stretch back to 1990 and include repeated court findings of intolerable prison conditions that violate the Constitution.

At one point, a federal judge said incompetence and malfeasance in California's prison medical system was the cause of one inmate death per week. The prison health care system has operated under the authority of a court-appointed receiver since April 2006.



Utah man facing firing squad seeks federal stay
Lawyer Blog News | 2010/06/15 17:41

A death row inmate set to be executed by firing squad Friday is scrambling to block his execution after losing an appeal at the Utah Supreme Court and failing to persuade the state parole board to grant him clemency.

Ronnie Lee Gardner's attorneys are now ramping up a federal civil rights lawsuit filed last week against the Utah Board of Pardons and Parole. Gardner contends the commutation hearing process is tainted because lawyers that represent the board and the state prison all work for the Utah attorney general's office — the same entity that sought Gardner's death warrant and argued against a commuted sentence.

The case is assigned to U.S. District Judge Tena Campbell, but no hearing had been set Tuesday.

The parole board on Monday rejected Gardner's efforts to get his death sentence reduced to life in prison without parole, and hours later, the Utah Supreme Court unanimously denied Gardner's appeal.

In its 57-page ruling, justices said it was too late for Gardner to challenge his sentence and that he had been treated fairly throughout his 25 years of appeals.



High court rejects appeal in rendition case
Lawyer Blog News | 2010/06/14 15:53

The Supreme Court has rejected an appeal from a Canadian engineer who was caught up in the U.S. government's secret transfer of terror suspects to other countries.

The court did not comment Monday in ending Syrian-born Maher Arar's quest to sue top U.S. officials, including former Attorney General John Ashcroft. Arar says he was mistaken for a terrorist when he was changing planes in New York on his way home to Canada, a year after the 2001 terrorist attacks. He was instead sent to Syria, where he claims he was tortured.

Lower courts dismissed Arar's lawsuit, which asserts the U.S. purposely sent him to Syria to be tortured. Syria has denied he was tortured.

The Canadian government agreed to pay Arar $10 million and apologized to him for its role in the case.

A Canadian investigation found that the Royal Canadian Mounted Police wrongly labeled Arar an Islamic fundamentalist and passed misleading and inaccurate information to U.S. authorities.

The inquiry determined that Arar was tortured, and it cleared him of any terrorist links or suspicions.



Kagan confirmation would affect major tobacco case
Legal Career News | 2010/06/14 15:53

It's a simple matter of math: Elena Kagan's nomination to the Supreme Court has complicated the government's effort to force the tobacco industry to cough up nearly $300 billion.

If confirmed by the Senate as a justice, Kagan would have to sit out high court review of the government's decade-old racketeering lawsuit against cigarette makers. That's because she already has taken sides as solicitor general, signing the Obama administration's Supreme Court brief in the case — an automatic disqualifier.

Kagan is expected to step aside from 11 of the 24 cases the court has so far agreed to hear beginning in October.

Without her, the government and anti-tobacco advocates could find it difficult, if not impossible, to find a fifth vote to allow the government to seek $280 billion of past tobacco profits and $14 billion for a national campaign to curb smoking.

The justices are expected to consider whether to take up the tobacco lawsuit at their private conference on June 24. If they decide to go ahead, they would hear argument in the fall or winter.



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