|
|
|
Rezko lawyer says jail 'degrading,' pleads for release
Lawyer Blog News |
2008/02/22 16:01
|
Jailed political fundraiser Antoin "Tony" Rezko's lawyer made an emotional plea for his release from a federal lockup Wednesday, saying he is being held in "degrading" conditions where inmates must share underwear. "It's disgusting, judge," chief defense counsel Joseph Duffy told U.S. District Judge Amy J. St. Eve. Rezko, 52, a millionaire developer and formerly a fundraiser for both Sen. Barack Obama and Gov. Rod Blagojevich, is being held without bail awaiting the scheduled March 3 start of his political corruption trial. He is accused of joining with millionaire lawyer Stuart Levine in a scheme to use political influence to shake down companies. Duffy told St. Eve that Rezko's living conditions at the federal Metropolitan Correctional Center are so horrible that some means must be found to get him out. "It's a very degrading way for people to even try to serve time," Duffy said. He said that while general population inmates have their own supplies of underwear, Rezko and others held in solitary must share. Rezko, who was born in Syria and has extensive connections in the Mideast, had been free on $2 million bail but St. Eve revoked his bail and ordered him jailed Jan. 28 after prosecutors disclosed he had received $3.5 million from an overseas businessman without informing the court. Duffy said that if Rezko is released, the defense will pay a security firm to put guards in Rezko's Wilmette mansion 24 hours a day to make certain he doesn't try to flee. "They will physically deliver him to the courtroom every single day," Duffy said. The judge said she already had asked the correctional center about Rezko's living conditions and said she was told he was not being singled out. She noted he was being held on a floor where high-profile defendants are kept while authorities assess any risk to them from being in the lockup's general population. Levine has pleaded guilty and is expected to be the government's star witness at Rezko's trial. |
|
|
|
|
|
Supreme Court allows prosecution of NASSCOM chief
Court Feed News |
2008/02/22 14:58
|
The Supreme Court on Thursday allowed the prosecution of Chief of the National Association of Software and Services Companies (NASSCOM), Som Mittal, for not providing adequate security to a female employee who was raped and murdered in 2005.
“If you are the head of a company, you are responsible for the safety of your employees,” the apex court said. Pratibha Srikant Murthy, an employee of Hewlett-Packard (HP) GlobalSoft's BPO (Business Process Outsourcing) unit was raped and murdered in Bangalore by a cab driver who was dropping her home after work. Mittal was the Managing Director of Hewlett-Packard GlobalSoft Pvt Ltd at that time. However, Hewlett-Packard said in a statement: “In the matter concerning the order passed by the Hon'ble Supreme Court in response to a petition filed by Som Mittal, HP India would like to clarify that the Hon'ble Court has not pronounced either Mittal or HP guilty on any count. It has only directed Mittal to urge all the contentions as available under law, including maintainability of the complaint, before the trial court. However, since the matter is sub-judice, HP would not like to comment on any specifics related to the case at this point,” it added. NASSCOM, which is a body representing Indian IT companies and BPO firms, refused to comment. |
|
|
|
|
|
Medical Device Ruling Redraws Lines on Lawsuits
Lawyer Blog News |
2008/02/22 12:56
|
The Supreme Court’s decision Wednesday protecting many types of medical device makers from personal injury lawsuits began rippling through the courts and law offices almost immediately. Hours after the decision in the case, Riegel v. Medtronic, was announced, lawyers involved in a group of Florida state court cases related to Johnson & Johnson’s drug-coated Cypher heart stent received an e-mail message from Judge Mary Barzee Flores asking for briefs on whether the lawsuits should be allowed to continue. And lawyers for patients with injuries they attribute to other devices like heart valves, artificial hips and defibrillators said they were girding for a flood of court filings from device makers like Medtronic asking judges to dismiss such lawsuits. “Medtronic probably already has summary judgment motions ready to go, and I expect to see them filed in the next few days,” said Hunter J. Shkolnik, a New York lawyer. “The next six months will be consumed fighting about such motions,” Mr. Shkolnik predicted. He represents more than 600 plaintiffs with lawsuits in state court in Minneapolis stemming from potentially faulty electrical leads Medtronic made for heart defibrillators. Lasr fall, Medtronic recalled the product, known as the Sprint Fidelis, after reports that the leads — wires that connected the device to the heart — were more prone to developing potentially deadly fractures than an older lead called the Quattro. In addition to the Sprint Fidelis and the heart stent cases — some in Massachusetts have named Boston Scientific rather than Johnson & Johnson as the defendant — lawyers said Wednesday’s Supreme Court ruling could also affect the course of personal injury lawsuits filed against St. Jude Medical over a silver-coated heart valve recalled in 2000. There were 19 state and federal cases pending involving the St. Jude valve as of last October, according to filings with the Securities and Exchange Commission by the company, which is based in St. Paul. Other lawsuits that could be affected are ones against Johnson & Johnson and Synthes over spinal disks, and Stryker over artificial hip components. Soundtec, an Oklahoma City-based producer of an implantable hearing aid, had been told just two weeks ago by the Arkansas State Supreme Court that the federal approval of its device did not protect it from a claim in state court that its design was defective. Lawyers say the Arkansas decision is now likely to be reversed. Recent settlements of large groups of lawsuits on terms relatively favorable to device makers are a sign that lawyers had been anticipating the Supreme Court outcome, according to Mark Herrmann, a Chicago lawyer who defends drug and device companies. In December, for example, Medtronic announced an agreement to pay $114.1 million to settle 2,682 injury lawsuits related to its 2005 recall of defibrillators with a defective battery. In November, Boston Scientific agreed to pay up to $240 million to settle 8,550 claims stemming from recalls of defibrillators made by a subsidiary, Guidant. Plaintiffs in those cases are free to stay out of the settlements and try to continue suing the companies. But the odds against their success are much steeper now, according to both plaintiffs and defense lawyers. |
|
|
|
|
|
Serbs Protesters Attack UN Police
Legal World News |
2008/02/22 10:53
|
Serbs protesting Kosovo's independence for a fifth straight day Friday attacked U.N. police guarding a key bridge in northern Kosovo with stones, glass bottles and firecrackers on Friday. Serbia's prime minister appealed for calm as the European Union condemned rioting in the capital Belgrade overnight when demonstrators attacked the U.S. embassy and other Western mission. The United States and EU heavyweights Britain, France and Germany have formally recognized Kosovo. Serbian President Boris Tadic called an emergency meeting of the national security council, saying the riots that engulfed the capital overnight must "never happen again." In Serb-dominated northern Kosovo, demonstrators waved Serbian flags and chanted "Kosovo is ours!" Police tried to keep protesters off the Kosovska Mitrovica bridge over the Ibar River. The bridge, which divides Kosovo Serbs from ethnic Albanians, has long been a flashpoint of tensions in Kosovo's restive north Kosovo's ethnic Albanian leaders declared independence from Serbia on Sunday. The province, which is 90 percent ethnic Albanian, has not been under Serbia's control since 1999, when NATO launched airstrikes to halt a Serbian crackdown on ethnic Albanian separatists. A U.N. mission has governed Kosovo since. Prime Minister Hashim Thaci said Friday the violence was reminiscent of former Serbian leader Slobodan Milosevic's bloody crackdown on ethnic Albanian separatists in Kosovo. |
|
|
|
|
|
William Lear to step down as law firm's chief
Headline News |
2008/02/22 09:11
|
One of Kentucky's oldest law firms, Stoll Keenon Ogden, has announced changes in its top management position. William M. Lear Jr., managing director for 18 years, will step down to return to full-time law practice. The new managing director will be J. David Smith Jr., a lawyer with the firm. Lear will remain with Stoll Keenon and continue as chairman of its board of directors for the next two years. Kendrick Riggs is vice chairman. The managing director functions as the chief operating officer of the firm, Smith said, dealing mostly with financial issues. "We've got 150 lawyers in four cities. Managing director is, basically, a full time job." Smith said Lear "did an incomparable job." Lear will concentrate on constitutional law cases, economic development and government relations. In the past five years, Lear has become a major downtown developer with several projects in the South Hill neighborhood, including Center Court loft condominiums. In the community, Lear served as a state representative from 1985 to 1994. He is vice chairman of economic development for Commerce Lexington, and he serves on the board of the Speed Museum in Louisville. He is listed in Best Lawyers in America and Super Lawyers for Kentucky. Smith, also included in Best Lawyers in America, has been with Stoll Keenon since 1982, and is active in the Kentucky Historical Society and the YMCA. |
|
|
|
|
|
Supreme Court rules workers can sue over 401(k) losses
Lawyer Blog News |
2008/02/21 16:44
|
The Supreme Court ruled Wednesday that individual participants in the most common type of retirement plan can sue under a pension protection law to recover their losses. The unanimous decision has implications for 50 million workers with $2.7 trillion invested in 401(k) retirement plans. James LaRue of Southlake, Texas, said the value of his stock market holdings plunged $150,000 when administrators at his retirement plan failed to follow his instructions to switch to safer investments. The issue in the LaRue case was whether the Employee Retirement Income Security Act permits an individual account holder to sue plan administrators for breaching their fiduciary duties. The language of the law refers to recovering money for the "plan" rather than for an individual, raising the question of whether a participant can sue solely for himself. Justice John Paul Stevens, in his opinion for the court, said that such lawsuits are allowed. "Fiduciary misconduct need not threaten the solvency of the entire plan to reduce benefits below the amount that participants would otherwise receive," Stevens said. The decision overturned a ruling by the 4th U.S. Circuit Court of Appeals in Richmond, Va. Unlike people enrolled in traditional pension plans, employees in 401(k) plans, which have exploded in number in the past two decades, choose from a menu of options on where to invest their money. That puts workers squarely in the middle of decision-making about their pensions and inevitably leads to the kind of disputes LaRue has with his plan's administrators. "Defined contribution plans dominate the retirement plan scene today," unlike when ERISA was enacted in the mid-1970s, Stevens said. Many traditional pension plans guaranteeing a fixed monthly benefit have either been frozen or terminated, and 401(k) plans are the main source of retirement income, said the Air Line Pilots Association, which represents 60,000 pilots at 41 air carriers. The Bush administration argued in support of workers. The government said the appeals court ruling barring LaRue's lawsuit would leave 401(k) participants without a meaningful remedy from any federal, state or local court when plan administrators fail to live up to their duties. Business groups supported LaRue's employer. They argued that ERISA is aimed at encouraging employers to set up pension plans, while guarding against administrative abuses involving the plan as a whole. The law doesn't permit individual lawsuits like LaRue's, the business groups said. Congress enacted ERISA after some widely publicized failures by companies and labor unions to pay promised pensions. Workers in class-action lawsuits have long relied on the law, most recently in the scandal-ridden collapses of companies like Enron and its 401(k) plan for workers. The term 401(k) refers to a section of the Internal Revenue Code. Participants in 401(k) plans do not know how much money they will receive in retirement. Employees invest a certain amount each month and how much they get back depends on how well their chosen investments have performed. |
|
|
|
|
Recent Lawyer News Updates |
|
|