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NYPD Trio Set for Trial in Groom's Death
Lawyer Blog News | 2008/02/25 13:35
On the morning of her wedding day, Nicole Paultre Bell learned her groom-to-be was dead.

Sean Bell, who had been spending his last night as a single man partying, was killed in a barrage of 50 police bullets outside a strip club.

The three police officers indicted in the shooting were to go on trial Monday in a case that has sparked protests and debate over excessive force and police conduct in New York City.

Bell's fiancee was expected to be the first witness at the trial, and she has said she plans to be in court every day.

"I feel like I need to know. I need to know why this happened," said Paultre Bell, who had her maiden name legally changed after her fiance's death. "I wake up one day and my world is turned upside down. I have to know why this happened; my family deserves to know."

Sean Bell, 23, was killed Nov. 25, 2006, hours before he was to marry the mother of his two children. He and two friends were confronted by undercover officers investigating reports of drugs and prostitution.

Detective Michael Oliver fired 31 shots, including the one that killed Bell. Detective Gescard Isnora squeezed off 11 rounds, and Detective Marc Cooper fired four times. Oliver and Isnora have pleaded not guilty to manslaughter; Cooper has pleaded not guilty to reckless endangerment.

Police union officials and defense lawyers have said the detectives believed Bell and his friends were going to get a gun, though no weapon was found. The officers opened fire after the car the three men were in lurched forward, bumped Isnora and slammed into an unmarked police minivan, authorities said.



Raul Castro named Cuba's new president
Legal World News | 2008/02/25 13:31
Cuba's parliament named Raul Castro president to replace his ailing brother Fidel, prompting a guarded response Monday from countries looking for signs of reform on the Communist-ruled island.

After years in Fidel's charismatic shadow as Cuba's number two and defense minister, Raul Castro faces massive challenges, including preparing the transition of power to a newer generation and reforming the economy.

"Fidel is irreplaceable; the people will continue his work when he is no longer with us physically, though his ideas always will be here," Raul Castro, 76, told lawmakers in his acceptance speech late Sunday.

In the 19 months since he took over as temporary leader, Raul Castro has made some minor adjustments in the economy, while promising bigger changes.

But he has made it clear that everything will take place "within socialism" and that solutions to the country's problems will come "little by little."

People in the street voiced hopes that the new president would usher in long-sought economic reforms to improve their daily lives.

"This is the best that could have happened to Cuba," Carlos Muguercia, a 78-year-old craftsman said. "Raul already knows the situation. He knows how to solve problems, in any case the most serious ones."

Others were less enthusiastic at the dynastic succession.

"Raul is Fidel without a beard," argued one young man enjoying a beer at a bar in Havana's historic center.

In a sign that change may take time, Raul Castro said he would consult with his brother on major issues. And he vowed to be on guard against Cuba's powerful northern neighbor the United States.



NYC Court Rejects Agent Orange Claims
Lawyer Blog News | 2008/02/24 21:17
A federal appeals court on Friday rejected an effort by Vietnamese victims of Agent Orange to reinstate claims that U.S. companies committed war crimes by making the toxic chemical defoliant used in the Vietnam War. The 2nd U.S. Circuit Court of Appeals in Manhattan said it agreed with U.S. District Judge Jack B. Weinstein, who ruled in March 2005 in Brooklyn that Agent Orange was used to protect U.S. troops against ambush and not as a weapon of war against human populations.

"It is significant that plaintiffs nowhere allege that the government intended to harm human beings through its use of Agent Orange," the three-judge panel said.

Jonathan C. Moore, a lawyer for the Vietnamese plaintiffs, said he was deeply disappointed.

"It's both an unjust and an immoral outcome," he said, and promised to appeal to the U.S. Supreme Court.

A lawyer for the companies did not immediately return a telephone call seeking comment.

Monsanto, Dow Chemical and more than a dozen other companies, including Hercules Inc., Occidental Chemical Corp, Thompson Hayward Chemical Co., Harcros Chemicals Inc. and Uniroyal Chemical Co. Inc., were named in the case.

In November 1961, President Kennedy approved the launch of Operation Trail Dust, a campaign of military herbicide operations in Vietnam designed to prevent the enemy from using vegetation for cover and sustenance.

Lawyers for Vietnamese people sued U.S. companies, saying the program caused miscarriages, birth defects, breast cancer, ovarian tumors, lung cancer, Hodgkin's disease and prostate tumors.

They said the military's use of Agent Orange violated international, domestic and Vietnamese law and that companies aided the violations or committed their own by helping the military. They sought unspecified compensatory and punitive damages and an environmental cleanup program.

Lawyers for the companies and the U.S. government had argued that there was no evil intent when Agent Orange was used to clear the Vietnamese landscape for troops.

Agent Orange has been linked to cancer, diabetes and birth defects among Vietnamese soldiers and civilians and American veterans.

In 2002, the United States and Vietnam signed a memorandum of understanding providing for scientists from both governments to work together to determine the effects of Agent Orange on people and ecosystems, along with methods and costs of treatment and environmental remediation.

The United States, though, has never agreed it has a legal duty to provide funds or assistance to remediate harms allegedly caused by Agent Orange.

In a separate opinion, the appellate court also said companies are protected from lawsuits brought by U.S. military veterans or their relatives because the law protects government contractors in certain circumstances who provide defective products.



Court victory for correction officers reversed
Court Feed News | 2008/02/24 11:09
A federal appeals court has reversed a correction officers union's U.S. District Court win against Nassau County, saying the lag payroll procedure imposed on the union members by county officials did not violate the Constitution.

The decision Friday by the U.S. Court of Appeals for the Second Circuit found no violation of the due-process clause of the 14th Amendment because the county notified the Nassau County Sheriff Officers Association before imposing the procedure and because the association could have taken the issue to grievance and did not.

The union was seeking to recoup two weeks' pay that had been taken in 2004 from each of its more than 1,100 officers, who under the "lag" would be paid back at the end of their career.

Union President Michael Adams yesterday said he was "very disappointed" with the decision.

"I don't think it's the end of the issue," he said. "I'll see what remedies we have. How could it have been upheld all the way through to this point? The district court judge even told the county to set aside the money."

County Attorney Lorna Goodman said she was "very pleased" with the latest ruling. Using the lag payroll procedure saves the county money.

"The decision demonstrates that we did not violate any rights with the lag payroll," she added.

Through a series of negotiations with several unions, including the sheriff officers association, in 1999, the county reached conditional agreement on the payroll lag procedure, wherein 10 days of pay for each union member would be deferred until the member left county service.


Two Birmingham law firms agree to merger
Headline News | 2008/02/24 11:08

Birmingham law firm White Arnold & Dowd PC and fellow Birmingham firm Summey & Hennecy have merged.

Partners Sidney C. Summey and Karen M. Hennecy and their staff members recently agreed to join White Arnold & Dowd PC, which brings the firm's total staff to 17.

The move strengthens the firm's growing probate and elder law practice, a news release said.

Summey has more than 30 years of experience practicing in the probate and civil courts in Alabama and will continue his primary practice of wills, trusts and estates, assistance to litigators handling lawsuits for minors and incompetents, special needs trusts and planning, guardianships and conservatorships, elder law and litigation related to probate issues.

Hennecy will concentrate her practice on elder law issues, assisting clients and their families with matters including advance directives, durable powers of attorney, wills, trusts, asset preservation and Medicaid planning and administration of the estates of decedents and protected persons.



Enzyte Maker Found Guilty of Fraud
Criminal Law Updates | 2008/02/23 21:21
A federal court jury on Friday found the owner of a company that sells "male enhancement" tablets and other herbal supplements guilty of conspiracy to commit mail fraud, bank fraud and money laundering.

Steve Warshak, whose conviction was reported Friday by The Cincinnati Enquirer, is founder and president of Berkeley Premium Nutraceuticals, which distributes Enzyte and a number of products alleged to boost energy, manage weight, reduce memory loss and aid restful sleep.

Television ads for Enzyte feature "Smiling Bob," a goofy, grinning man whose life gets much better after he uses the product, which allegedly boosted his sexual performance.

Warshak, 40, could face more than 20 years in prison and his company could have to forfeit tens of millions of dollars.

Messages seeking comment from Warshak's Boston attorney Martin Weinberg and Assistant U.S. Attorney Anne Porter were left at their offices Friday night.

Prosecutors claimed customers were bilked out of $100 million through a series of deceptive ads, manipulated credit card transactions and the company's refusal to accept returns or cancel orders. They said unauthorized credit card charges generated thousands of complaints over unordered products.

Warshak's mother, Harriett Warshak, also was convicted of conspiracy, bank fraud and money laundering.

The government also alleged the defendants obstructed investigations by two federal agencies.

Some former employees, including relatives of Warshak, pleaded guilty to other charges and cooperated with prosecutors. They testified that the company created fictitious doctors to endorse the pills, fabricated a customer-satisfaction survey and made up numbers to back claims about Enzyte's effectiveness.

Defense lawyers characterized that testimony as tainted because it was forced by the threat of prosecution.

The defense contended in the trial that Berkeley suffered from customer service that didn't keep pace with the company's rapid growth from a one-person startup in 2001 to 1,500 employees in 2004.

Weinberg also had told jurors that Berkeley had been targeted by the government in "a relentless criminal investigation."



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