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Plaintiffs in Dole case seek $1.6M judgment
Court Feed News | 2009/08/07 17:30
Six Nicaraguans who say pesticide on a Dole banana farm made them sterile are trying to keep a $1.6 million judgment that's threatened because a judge ruled similar cases were phony.

The men hired a lawyer who filed court papers Thursday arguing the Los Angeles judge relied on a flawed process to reach her decision.

Their case is one of several that claimed a pesticide made workers at Dole Food Co. banana farms sterile.

The men's nearly $1.6 million award was called into question this year after Superior Court Judge Victoria Chaney dismissed two separate cases against Dole. Chaney ruled that lawyers concocted phony claims to wring billions of dollars from the company.

Because of that ruling, the six men must now prove their case wasn't fraudulent.



NY court: US govt can withhold Spitzer documents
Lawyer Blog News | 2009/08/07 17:29
An appeals court says the federal government does not have to release information about wiretaps from the investigation that brought down former New York Gov. Eliot Spitzer.

The 2nd Circuit Court of Appeals found Friday that The New York Times had not shown it has a First Amendment right to the material.

A lower court had ordered the release of the FBI documents, which could reveal details about the origins and scope of the investigation.

The Times said it is disappointed and is reviewing the decision. It said public access to such records would provide "a valuable check on law enforcement agencies and on the courts."

The documents named other clients of the Emperor's Club VIP prostitution service.

David Paterson became governor in March 2008 after Spitzer resigned in disgrace.



Ex-Edwards mistress at court amid campaign probe
Lawyer Blog News | 2009/08/06 15:31
The former mistress of John Edwards arrived at a federal courthouse in Raleigh where a grand jury was meeting Thursday — an appearance that comes as federal investigators examine the two-time presidential candidate's finances.

Rielle Hunter walked into the building through a back entrance and holding a young child.

Edwards adamantly denied during his confessional interview with ABC News last summer that he had fathered a child with Hunter, and he welcomed a paternity test. His wife, Elizabeth, has said while promoting her book that she doesn't know if her husband is the father.

Former Edwards aide Andrew Young, who made a similar appearance while the grand jury was sitting last month, has claimed to be the child's father.

Edwards has admitted to an affair with Hunter that he says ended in 2006. That year, Edwards' political action committee paid Hunter's video production firm $100,000 for work. Then the committee paid another $14,086 on April 1, 2007.

Edwards, a North Carolina senator from 1998 until his vice presidential bid in 2004, acknowledged in May that federal investigators are looking into how he used campaign funds. Grand jury proceedings are secret, and the U.S. attorney's office in Raleigh has declined to confirm or deny an investigation.

Young hasn't spoken publicly since saying he was the father in 2007 and has repeatedly ignored reporter requests for interviews.



Va. conviction overturned in Ga. woman's death
Lawyer Blog News | 2009/08/05 15:32
An ex-Navy SEAL trainee had his murder and abduction convictions overturned Tuesday after spending 13 years in prison for killing a Georgia college student who was vacationing in Virginia.

A divided Virginia Court of Appeals panel granted Dustin Turner's request for a writ of actual innocence, vacating his conviction of murder and abduction with intent to defile in the 1995 death of 21-year-old Emory University student Jennifer Evans.

Turner is the first person in Virginia to get a murder conviction overturned under a 2004 law that allows nonbiological evidence of innocence to be considered more than 21 days after sentencing.

Turner, 34, of Bloomington, Ind., is serving an 82-year sentence for killing Evans in his parked car outside a Virginia Beach nightclub in 1995. Another trainee, Billy Joe Brown, changed his story to say that he alone killed Evans.

"While Turner's conduct creates a suspicion of guilt, the evidence, viewed in the context of Brown's recantation, cannot support findings of guilt beyond a reasonable doubt," the ruling stated.

The Attorney General's Office has two weeks to ask for the full court to make a decision or a month to appeal the ruling to the Virginia Supreme Court. If the attorney general does not protest the ruling, Turner would be released from Powhatan Correctional Center.

Turner's attorney and mother said they were cautiously optimistic about Tuesday's ruling.

"We're very pleased, and we like our chances moving forward, but at this point we're not exactly sure what forward will be," Turner's attorney David Hargett said.

David Clementson, a spokesman for the attorney general's office, said only that officials there are reviewing the opinion.



Pa. high court: Save records of judicial scandal
Court Feed News | 2009/08/05 15:31
The state Supreme Court bowed to pressure and abandoned its plan to destroy the records of thousands of juveniles who appeared before a corrupt judge between 2003 and 2008.

In a letter made public Monday, the high court said it now supports the preservation of as many as 6,500 juvenile court records that contain evidence of the scandal in northeastern Pennsylvania.

The court's decision will make it easier for youths to pursue federal claims against former Luzerne County Judge Mark Ciavarella, who was charged earlier this year with taking millions of dollars in kickbacks to put juvenile offenders in privately owned detention centers.

The records' preservation will "ensure that the whole story of what we think is probably the largest judicial corruption scandal in the history of the country to be told and to be understood," said Marsha Levick, legal director of the Philadelphia-based Juvenile Law Center, which represents some of the youths.

The Supreme Court's reversal apparently puts an end to a dispute in which Levick and other attorneys had accused the justices of sabotaging plaintiffs' ability to recover damages from Ciavarella in federal court.

About 400 individuals ranging from their teens to their early 20s have sued Ciavarella, claiming he ran a kangaroo court in which he systemically denied them their constitutional rights, including the right to counsel and the right to intelligently enter a plea. Other defendants include former Luzerne County Judge Michael Conahan and Luzerne County taxpayers.



Lawyers emerge as the winner in Ford settlement
Court Feed News | 2009/08/03 15:19
The lawyers were paid millions of dollars. Ford Motor Co. put behind it a costly lawsuit connected to the Explorer rollover scandal of the 1990s. And the judge closed out a complex case that clogged the Sacramento County Superior Court's overburdened calendar for more than seven years.

Everyone seemingly got some tangible benefit — except for nearly all of the 1 million consumers covered by the class action lawsuit filed in their name. None of the consumers got money, only discount coupons toward new Ford purchases. Few used them.

The practice of settling class action lawsuits by doling out discount coupons rather than cash has come under fire from tort reform activists and others who complain that such lawsuits mainly benefit the lawyers — and even the companies being sued — at the expense of their clients.

Sacramento County Superior Court Judge David De Alba authorized the settlement of a class action that lawyers argued could be worth as much as $500 million to people who owned Ford Explorers during the 1990s.

In exchange for dropping the lawsuit that alleged rollover problems unfairly diminished the resale value of Explorers, Ford customers could receive a $500 discount coupon toward the purchase of a new SUV or a $300 coupon to buy another Ford vehicle. Consumers had until April 29, 2008 to apply for the coupons.

De Alba awarded the lawyers $25 million in fees and expenses after presiding over a 50-day trial without a jury in 2007. The case settled before the judge reached a verdict.



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