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Republicans to high court: Stop Palin ethics probe
U.S. Legal News | 2008/10/08 09:43
Alaska Republicans are asking the state's highest court to block an abuse-of-power investigation into vice presidential nominee Sarah Palin's firing of a state commissioner before a potentially embrassing report on the matter is released.

Five GOP state lawmakers, in a brief filed Monday, say the inquiry has exceeded its authority and is too political.

Palin is the focus of a legislative investigation into allegations she abused her power by firing her public safety commissioner. The commissioner says he was pressured to dismiss a state trooper who was involved in a messy divorce with Palin's sister.

Investigators are scheduled to submit a report on the investigation Friday. Oral arguments are scheduled for Wednesday.



Attorney Sara Youn Joins Scandaglia & Ryan
Law Firm News | 2008/10/07 16:02

Scandaglia & Ryan welcomes Associate Sara Youn to the firm.  Ms. Youn, who joined S&R on September 22, 2008, has experience representing clients in complex product liability cases, franchisor-franchisee disputes and class action defense litigation. Prior to joining the firm, Ms. Youn was a staff attorney practicing in the Seattle office of Perkins Coie.  She also served as a judicial extern for the Honorable Gary Larson, District Judge for the Fourth Judicial District of Minnesota.

Ms. Youn received a J.D. from the University of Minnesota Law School in 2007, where she received a Dean’s Elite Scholarship.  During law school, she was the managing editor of the Minnesota Law Review (2006-2007).  In 2002, Ms. Youn received a B.A., magna cum laude, from Georgetown University, where she was a George F. Baker Scholar.  She also authored an honors thesis, “Out of That Land: American Missionary Influence on Early Korean Immigration to Hawaii.”

Scandaglia & Ryan is a litigation firm founded on the principle of providing sophisticated legal services in a cost-effective manner.  To achieve this, we have adopted a client-centered process that we call Total Quality Litigation®.  In pursuing strategic business and legal solutions for our clients, TQL® minimizes uncertainty and increases accountability.  We believe our clients deserve nothing less. 

For further information, visit our website at www.scandagliaryan.com.



Court denies appeal of judge's sentencing goof
Headline News | 2008/10/07 15:24
The U.S. Supreme Court on Monday rejected an appeal from an Alabama man who was sentenced to five years in prison when a judge wrongly thought the law required him to serve time.

U.S. District Judge William Steele didn't want to order Patrick Lett, a 17-year Army veteran who served two tours in Iraq, to prison after the former soldier pleaded guilty to cocaine possession. But the judge thought the law required prison time.

When Steele learned differently, he reduced the punishment to 11 days of time served and three years of supervised release. That didn't satisfy prosecutors, who appealed the lighter sentence on the grounds that Steele didn't have the authority to change the initial five-year sentence.

The 11th U.S. Circuit Court of Appeals ruled the judge could not undo his sentence, and the Supreme Court rejected Lett's appeal of that decision without comment.

A new sentencing hearing is set for Oct. 24, though one of Lett's attorneys said a delay may be needed to prepare arguments.

Attorney Douglas Berman of Ohio State University's Moritz College of Law in Columbus said Monday that defense attorneys are expected to argue Lett initially had ineffective legal representation.

A Justice Department spokesman was not immediately available for comment on the high court's ruling.

At the initial sentencing, Steele noted that Lett had led "an exemplary life up until the time of the offenses and even after," when Lett re-enlisted and served another 17 months before his indictment.

Lett, now 39, pleaded guilty to cocaine possession for his involvement in a cousin's drug operation.

Lett works full time doing fiber optics work at a shipyard in Pascagoula, Miss. His two children, who live with Lett's mother, visit him on weekends. He supports his family as a single parent, his attorney said.



High court could block 'light' cigarettes lawsuit
Lawyer Blog News | 2008/10/07 15:22
The Supreme Court picked up Monday where it left off last term, signaling support for efforts to block lawsuits against tobacco companies over deceptive marketing of "light" cigarettes.

The first day of the court's new term, which is set in law as the first Monday in October, included denials of hundreds of appeals. Chief Justice John Roberts opened the new session in a crowded courtroom that included retired Justice Sandra Day O'Connor.

Last term, the justices handed down several opinions that limited state regulation of business in favor of federal power. Several justices posed skeptical questions in this term's first case, whether federal law prevents smokers from using consumer protection laws to go after tobacco companies for their marketing of "light" and "low tar" cigarettes.

The companies are facing dozens of such lawsuits across the country.

The federal cigarette labeling law bars states from regulating any aspect of cigarette advertising that involves smoking and health.

"How do you tell it's deceptive or not if you don't look at what the relationship is between smoking and health?," Chief Justice John Roberts said during oral arguments on the case.

Three Maine residents sued Altria Group Inc. and its Philip Morris USA Inc. subsidiary under the state's law against unfair marketing practices. The class-action claim represents all smokers of Marlboro Lights or Cambridge Lights cigarettes, both made by Philip Morris.

The lawsuit argues that the company knew for decades that smokers of light cigarettes compensate for the lower levels of tar and nicotine by taking longer puffs and compensating in other ways.

A federal district court threw out the lawsuit, but the 1st U.S. Circuit Court of Appeals said it could go forward.

The role of the Federal Trade Commission could be important in the outcome. The FTC is only now proposing to change rules that for years condoned the use of "light" and "low tar" in advertising the cigarettes, despite evidence that smokers were getting a product as dangerous as regular cigarettes.



Republicans to high court: Stop Palin ethics probe
U.S. Legal News | 2008/10/07 10:23
Alaska Republicans are asking the state's highest court to block an abuse-of-power investigation into vice presidential nominee Sarah Palin's firing of a state commissioner before a potentially embrassing report on the matter is released.

Five GOP state lawmakers, in a brief filed Monday, say the inquiry has exceeded its authority and is too political.

Palin is the focus of a legislative investigation into allegations she abused her power by firing her public safety commissioner. The commissioner says he was pressured to dismiss a state trooper who was involved in a messy divorce with Palin's sister.

Investigators are scheduled to submit a report on the investigation Friday. Oral arguments are scheduled for Wednesday.



Train crash may be linked to text message
Lawyer Blog News | 2008/10/06 16:27

Top officials with the firm that contracts to run Metrolink trains made their first public comments Sunday night about last month's deadly head-on collision of a passenger train with a Union Pacific freight train in Chatsworth.

"Words cannot express how saddened we are over the loss of life and injuries suffered in this terrible accident," said Veolia Transportation Chief Executive Mark Joseph in a written statement given to The Times. "Our hearts are broken and our entire company is stricken with grief."

"Whether the result of human error, system failure, or other causes, we will share in the broad responsibility of finding solutions to lessen the risks inherent in passenger rail service," Joseph added. "Public transportation is an essential service for everyday life in this country, and this tragedy underscores more than ever before the need of improving our public transportation systems."

In an interview in San Diego, where Veolia officials are attending a mass transit convention this week, Joseph emphasized the firm's safety record and said Veolia is participating in the investigation of the crash by the National Transportation Safety Board.

Veolia officials said that the NTSB has asked them not to discuss the crash while the probe continues, and they declined comment on all questions relating to potential causes of the crash, which killed 25 people. They also declined to discuss the personnel record of Robert Sanchez, the engineer of the Metrolink train who was an employee of Veolia and who was killed in the crash.


The NTSB has said the Metrolink train ran a red signal intended to stop the train before entering a stretch of single track in use by an eastbound Union Pacific freight train.

In addition, the NTSB has said preliminary data indicates that 57 text messages were sent from or received by Sanchez's cellphone while he was on duty on the day of the crash, including one sent 22 seconds before the collision. The agency, however, cautioned that the precise timing of the messages needed to be verified.

"I think up to this accident, we had the strongest [cellphone] policy in the business given the ones I'd seen," said Ronald J. Hartman, an executive vice president for rail for Veolia.

Hartman said Veolia's policy prohibits cellphone use by engineers and requires that devices be turned off and out of reach while engineers are in the cab of a locomotive. He said Veolia engineers encounter supervisors on a daily basis and that supervisors check for cellphone usage.

He added that Veolia supervisors sometimes call engineers' cellphones -- when the numbers for those phones are available -- to see if engineers are using phones while operating trains.

http://www.rkallp.com/metrolink-disaster-lawyers.html



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