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King children return to court in estate dispute
Court Feed News | 2009/09/14 14:38
The surviving children of the Rev. Martin Luther King Jr. and Coretta Scott King are back in court, wrangling over their parents' estates.

The Rev. Bernice King and Martin Luther King III sued their brother, Dexter King, last year to force him to open the books of their father's estate. The lawsuit claims Dexter King, the estate's administrator, has refused to provide documents concerning the estate's operations. A hearing in the case was set Monday morning.

Dexter King also sued his sister, who administers their mother's estate. He asked a judge to force her to turn over Coretta Scott King's personal papers, including love letters central to a now-defunct $1.4 million book deal.



High court won't extend Calif. prison deadline
Lawyer Blog News | 2009/09/14 11:36

The Supreme Court on Friday turned down California's request to delay a federal court order related to state prison overcrowding.

The justices refused to extend a deadline beyond Sept. 18 for telling a special three-judge panel how California will reduce its inmate population by 40,000, roughly a quarter, over two years.

The judges called for the reduction so the state can improve medical and mental health care for inmates in its 33 adult prisons. The federal courts have found the care so poor that it violates inmates' constitutional rights.

While rejecting the state's plea for a delay, the court noted that the three-judge panel has agreed not to put a final order into effect until after the justices have had a chance to review its decree.

The special three-judge panel had rejected California's request for a delay earlier this month, sending the matter to the high court.

In addition to its failed request for a delay, the Schwarzenegger administration is appealing to the Supreme Court the panel's inmate-release order. It has been joined by Republican legislators and associations representing prosecutors, sheriffs, police chiefs and chief probation officers.

The administration argues that the federal courts are overreaching in their effort to direct the state's affairs and are violating a federal law that restricts judges' actions in inmates rights cases



HSE selecting law firm in pursuit of suit against state
Law Firm News | 2009/09/14 10:39

The Hamilton Southeastern Schools' board this morning retained a Chicago law firm with ties to the U.S. Department of Education to help the district with its case against the state for more equitable funding.

The board voted 7-0 to hire Franczek Radelet P.C., a firm that describes itself as being among the nation's leading education law firms. One of the firm's founding partners was named general counsel to the Education Department earlier this year.

Terms of the contract with the law firm were not immediately available.

Superintendent Brian Smith said the firm agreed to take on the case because "they feel confident that we have a good challenge." The district claims the state's method for distributing school funds is inequitable, mainly because per-pupil spending does not keep up with HSE's growing enrollment. Smith said filing a lawsuit and winning is the only way to ensure schools get an equitable distribution of funds.

The district argues that among the 346 school corporations in Indiana, HSE will rank 338th in state dollars allocated to educate each student in 2011. They claim the district's funding levels are going down each year as the cost of educating students continues to rise.

HSE's case against the state comes at a time when a $5.2 million budget shortfall over the next two years threatens cuts of about 60 classroom teachers if something is not done to make up for the deficit, officials said.



Official: 2 men settle suits alleging priest abuse
Court Feed News | 2009/09/14 10:37
Two men who filed lawsuits alleging they were sexually abused by a former priest have reached settlements with the Roman Catholic Diocese of Pueblo, a newspaper reported Sunday.

Monsignor Mark Plewka of the diocese confirmed the settlements with a man and his nephew, The Pueblo Chieftain said.

The man alleged Andrew Burke abused him from 1970-78. The lawsuits accuse Burke of establishing a similar relationship with the man's nephew.

Burke left the priesthood in 1973. He committed suicide in September 2005 at age 62, after reporters asked questions about the allegations.

The man had sought $1.8 million from the diocese and the release of Burke's personnel file.

Terms of the settlements weren't disclosed, but Burke's file was not released.

Another man who alleges Burke abused him previously won the right to look at Burke's personnel file, which may show how early the diocese was aware of allegations of abuse.

The Colorado Supreme Court recently affirmed a decision by a Pueblo District judge compelling the diocese to release Burke's file to the John Doe accuser.

Plewka and lawyer Adam Horowitz, who represents the accuser, said last week the diocese provided Burke's file to the plaintiff's lawyers.



Supreme Court could loosen cap on corporate political spending
Legal Career News | 2009/09/14 09:37

The Supreme Court's conservative bloc sounded poised Wednesday to strike down on free-speech grounds a 102-year-old ban against corporations spending large amounts of money to elect or defeat congressional and presidential candidates.

If the justices were to issue such a ruling in the next few months, it could reshape American politics, beginning with the congressional campaign in 2010. Big companies and industries -- and possibly unions as well -- could fund campaign ads to support or defeat members of Congress.

For example, the health insurance industry would have a much greater ability to target for defeat lawmakers who supported a so-called public option for medical insurance. Banks and investment firms could oppose representatives who favored stricter regulation of the financial industry.

And far more money could flow into elections. Last year, the political parties spent about $1.5 billion on campaigns, while corporations earned more than $600 billion in profits.

Since 1907, federal law has prohibited corporations from giving money to candidates. And since 1947, corporations and unions have been barred from spending money on their own to urge voters to elect or defeat federal candidates.

Of course, corporate executives, as individuals, can contribute money to a corporate political action committee, or PAC, but these amounts are modest compared with the funds available to corporate treasuries.



James P. Collins Returns to the O'Reilly Law Firm
Law Firm News | 2009/09/11 16:44

The O'Reilly Law Firm is very pleased to announce the return of James P. Collins to the noted trial law firm headquartered in San Mateo, effective immediately. The name of the firm is now O'Reilly II Collins. 

Collins was a founding member of the firm in 1987, originally known as O'Reilly & Collins.  In 2002, Collins left the firm in order to teach algebra and coach football and rugby at Menlo Atherton High School, a public school located in Atherton, California. 

A graduate of UC Berkeley and University of San Francisco Law School, Collins first worked as an Assistant District Attorney in San Francisco, then with Gerry Sterns's trial law firm before joining O'Reilly to form their own firm.

O'Reilly & Collins soon became pre-eminent in the field of aviation law,winning many air disaster cases for plaintiffs with scores of multi-million judgments and settlements.  The firm also won major product liability cases that received national media attention.  Collins investigated, prosecuted and won many landmark cases involving tires and improper tire replacements which led to loss of control by cars on wet roads, resulting in many deaths and serious injuries to consumers.  Collins's thorough investigations of the causes of these accidents led to important changes in the tire replacement industry that resulted in many lives being saved.

O'Reilly said, "Obviously, I am extremely happy to welcome Jim back in the fold.  He is a great friend and a great trial lawyer.  It is also a reunion of my old teammate, for we both played for the Old Blues Rugby Club of Berkeley, one of the great rugby clubs in the United States, and national champions." Collins lives in San Carlos.

In 2008, the firm set a record for judgments and settlements of air disaster with $300 million in awards for its plaintiffs.   www.oreillylaw.com



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