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Amputee awaits high court, wants musical glow back
Lawyer Blog News | 2008/10/31 16:19
When Diana Levine turned 63 recently, her daughter made her a birthday card, drawing on Greek mythology with an illustration of Diana the Huntress, her bow string drawn taut, an arrow ready to fly. But the arm pulling at the bowstring was amputated below the elbow — just like Diana Levine's — and the target was labeled the "Wyeth monster." That's Wyeth as in Wyeth Pharmaceuticals, the company Levine blames for a botched injection of the Wyeth-made drug Phenergan that led doctors to amputate her right arm in 2000.

Levine, once a professional guitar player and pianist, now plays with one hand and sings. "It's about getting my glow back," she said recently as she was awaiting a hearing Monday before the U.S. Supreme Court, where Wyeth is appealing a $6.7 million verdict in her favor.

The outcome of Levine's case could have major ramifications for drug makers and consumers. The court is expected to decide whether people can sue under state law — or are pre-empted from doing so — for harm caused by a drug approved by the federal Food and Drug Administration.



US appeals court weighs local Pa. law on illegals
Court Feed News | 2008/10/31 16:19
Lawyers for a small eastern Pennsylvania city asked a federal appeals court Thursday to uphold a local law that would keep illegal immigrants from working or renting apartments there, in a case with national implications.

Cities and municipalities across the country have adopted laws similar to the City of Hazleton's 2006 ordinance. However, a federal judge later called the Hazleton law unconstitutional, and its provisions are not being enforced.

On Thursday, a lawyer for the former coal town argued that the ordinance would not conflict with federal immigration policy set by Congress. But an American Civil Liberties Union lawyer argued that municipalities should not be allowed to set varying standards and restrictions for illegal immigrants.

Congress, in crafting U.S. immigration law, aims to strike a balance between the rights of immigrants, foreign policy concerns, national security and other competing interests, ACLU lawyer Omar C. Jadwat told the three-judge panel.

"That's going to be impossible if Hazleton and other cities strike their own balance," Jadwat said.

The city's Illegal Immigration Relief Act would impose fines on landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. It would also require tenants to register with City Hall and pay for a rental permit.



Obama campaign uses star power to court volunteers
Law & Politics | 2008/10/31 13:19
Edie Falco is fidgeting and looks nervous. The star of "The Sopranos" admits to her North Carolina audience that she's a product of lower Manhattan who barely understands voters above 14th Street. She talks for just five minutes and never mentions John McCain or George Bush.

"I've never had any intentions of trying to change anybody's mind," says Falco, a Barack Obama supporter. "I've heard a lot of celebrities talking about politics who, in my estimation, are not qualified to do so."

She adds, "Frankly, I'm embarrassed sometimes that they are representing my ilk, if you will."

For the seemingly endless number of celebrities who back Obama, trying to persuade people who already support the Illinois senator to volunteer for his campaign is as important as swaying undecided voters.

Four years ago, rocker Bruce Springsteen was the face of celebrity politics, making his first public endorsement of a candidate with a column in The New York Times before leading a series of swing-state concerts to urge a vote for Democratic nominee John Kerry.



Rail agency sues contractor over LA collision
Headline News | 2008/10/31 08:20
The Southern California Regional Rail Authority has filed a lawsuit against a contractor stemming from the deadly collision of one of its Metrolink commuter trains and a freight train on Sept. 12.

The contractor, Connex Railroad, provides the engineers who run Metrolink trains.

Investigators have said the Metrolink train went through a red signal and its engineer had repeatedly sent text messages on duty that day — one just seconds before the impact that killed 25 people.

Rail authority board Vice Chairman Keith Millhouse says the suit was filed Thursday in federal court. He declined to comment further on it.

A Connex spokeswoman says she hasn't seen the lawsuit.



Fla. ruling will help widow's anthrax lawsuit
Lawyer Blog News | 2008/10/31 01:10
A Florida Supreme Court ruling issued Thursday will help the widow of an anthrax victim make her case that the government was ultimately responsible for her husband's death.

Maureen Stevens' husband, Robert, was a photo editor who was exposed to anthrax mailed to the Boca Raton office of American Media Inc., a supermarket tabloid publisher, in 2001. He was the first of five people killed and 17 others sickened in a series of similar attacks.

Justices ruled 4-1 that the defendants had a duty under Florida law to protect the public against the unauthorized release of lethal materials. It's an important, although preliminary, victory for the widow whose $50 million federal lawsuit also alleges the government and Battelle Memorial Institute, a private laboratory in Columbus, Ohio, were the source of the anthrax.

"We have no way of knowing whether Stevens will ultimately be able to prove a case against the defendants," Justice Harry Lee Anstead wrote in the majority opinion. "However, we concluded that Stevens' allegations are sufficient to open the courthouse doors."



Feds: Suspect in hoax anthrax scare did it before
Lawyer Blog News | 2008/10/31 01:09
A California man suspected of mailing more than 120 hoax anthrax letters to media outlets was interviewed previously by the FBI after one similar mailing in 2007, but he was not charged.

Marc M. Keyser, 66, was interviewed by the FBI in January 2007 for allegedly sending a package containing a small aerosol can labeled "Anthrax," along with a compact disc, to the Sacramento News and Review newspaper, according a criminal complaint filed Thursday in federal court.

Keyser told agents then that he was using the mailing as a publicity stunt for a novel he had penned, and "to model what would happen if terrorist were to use anthrax ... to show the amount of anthrax a terrorist might spray into the air conditioning system in a shopping mall." The can did not contain anthrax.

Agents warned Keyser that he violated federal law and could be prosecuted, but they didn't arrest him. Agent Filip Colfescu said in the complaint that Keyser at the time apologized for the hoax "and told agents they should not worry, that he would not be doing it again."



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