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Federal judge dismisses Katrina wrongful death claims
Lawyer Blog News | 2007/05/03 10:13

US District Judge Jay Zainey has dismissed part of a wrongful death lawsuit filed by families whose relatives died during Hurricane Katrina. The son of Ethel Mayo Freeman sued the federal government, including former FEMA director Michael Brown and Secretary of Homeland Security Michael Chertoff, for his mother's death. Wheelchair-bound Freeman died while waiting outside the Ernest N. Morial Convention Center for help. Zainey noted that the government has publicly admitted to the many mistakes it made before and after Hurricane Katrina but it would be pure speculation to decide whether those mistakes caused these deaths.

Though most claims were dismissed by the judge, the families still intend to pursue claims left standing.



Jury finds Saleh guilty of murder in Popovich slaying
Criminal Law Updates | 2007/05/03 09:27

Adam Saleh today received the maximum sentence of 38 years to life in prison after a jury found him guilty of the murder of Reynoldsburg model Julie Popovich.

The judge called Saleh a "shark" who might prey on other women if he is ever released. He also order that Saleh, 20, be labeled a sexual predator.

"Today we received justice for Julie because a very dangerous man is being removed from society," said Popovich's mother, Peggy White. "But I encourage young women to beware of the predators because they are out there waiting."

The jury of six men and six women found Saleh, an auto mechanic, guilty of murder, attempted rape, kidnapping and tampering with evidence for the 2005 slaying of the 20-year-old Popovich.

They acquitted him of aggravated murder charges, sparing him a possible prison sentence of life without parole. Jurors deliberated about seven hours over two days.

The jury told Assistant County Prosecutors James Lowe and Daniel Hawkins afterward that they didn't think Saleh intended to kill Popovich, as one inmate had testified.

"They said they believed that he choked her, but he wasn't trying to kill her," Lowe said. "The testimony was that he tried to make her pass out and then he realized she was dead."

"Only God can judge me," Saleh told Hogan before he was sentenced.

Hogan told Saleh: "I have come to the conclusion that you, sir, are a shark and I hope the Department of Rehabilitation and Correction never lets you out, because I am convinced that once you are out you will find a way to behave the same way again."



LAPD rubber bullet barrage at protesters probed
Lawyer Blog News | 2007/05/03 08:27

Los Angeles Police Chief William Bratton on Wednesday pledged to conduct an internal investigation to determine if police violated policy by using force to quell pro-immigration protesters.

Bratton said he had seen news footage showing a number of officers in riot gear striking protesters and some members of the media to the ground with batons, and others firing foam bullets into the crowd.

The incidents happened during a Tuesday rally in downtown Los Angeles.

"I regret and am, as are all of you, disturbed by the events so vividly depicted in the various news videos," Bratton told a press conference at the city hall.

"Police use of force in any context is always visibly and emotionally upsetting, even when necessary and lawful," the chief said.

"Our challenge in reviewing and investigating the actions of the police department ... and that of the public is to determine if that use of force was an appropriate response to the level of threat, disturbance and danger that they are encountering."

However, he is determined to meet the challenges, Bratton said.

The Los Angeles Police Department (LAPD) will create an "after-action report" to evaluate its handling of the event, and conduct a use-of-force investigation to determine if officers responded appropriately, he added.

Tuesday's rally by thousands of people calling for a path to citizenship for illegal immigrants was peaceful until about about 6 p.m., when police tried to disperse some demonstrators who had moved off the sidewalk into Alvarado Street in the downtown area.

Some demonstrators responded by throwing plastic bottles and rocks at officers, police said. Several dozen riot police, wearing helmets and carrying batons, fired a few dozen volleys of foam bullets into the crowd.

The clashes injured 15 police officers and at least 10 demonstrators.

The Radio and Television News Association (RTNA) said earlier that "there is evidence that officers knocked reporters to the ground, used batons on photographers and damaged cameras, possibly motivated by anger over journalists photographing efforts by officers to control the movements of marchers."



Giuliani's Link to Texas Law Firm Could Cost Votes
Headline News | 2007/05/02 16:32

Republican presidential candidate Rudolph Giuliani's links to a Texas law firm with connections to the oil industry could be risky, the New York Times reports. Giuliani joined the 400-lawyer firm, which added his name to become Bracewell & Giuliani in Houston two years ago. The report said affiliation likely accounts for the fact Giuliani's campaign has collected $2.2 million in Texas in the first quarter of 2007, more than any other candidate. His campaign raised twice as much in Texas as that of Sen. John McCain, R-Ariz., who had been expected to do well there.

Gene Karpinski, president of the League of Conservation Voters, told the Times Giuliani's association with the law firm could cost him votes.

From clean air to mercury pollution to global warming policies, Giuliani's firm has been perhaps the most anti-environment voice in Washington, representing some of the biggest corporate polluters, Karpinski said.

Publicly however, Giuliani has advocated increased use of nuclear power, natural gas, Alaskan oil drilling and ethanol to reduce U.S. reliance on foreign oil, the report said.



Bingham McCutchen buys Los Angeles law firm
Law Firm News | 2007/05/02 13:33



Continuing its steady growth, Bingham McCutchen LLP has acquired Alschuler Grossman LLP, a 40-lawyer Los Angeles firm, bringing Bingham's head count to nearly 1,000 lawyers.

The Boston-based firm is merging with Alschuler Grossman LLP, a 40-lawyer outfit known for litigation. It will be Bingham's eighth acquisition since 1997 and its third in California since 2002. Bingham McCutchen now has 350 lawyers in California and nearly 1,000 worldwide.

Alschuler Grossman, which also handles real estate, real estate finance, mergers and acquisitions, and intellectual property work, successfully represented Arthur Andersen LLP in a $1.3 billion class action securities lawsuit filed in Arizona state court. It currently represents Grupo Televisa S.A. in its battles with Univision Communications Inc. and is defending Blockbuster Inc. from a patent infringement lawsuit filed by Netflix Inc.

Bingham's clients include Oracle Corp., Bank of America N.A., Boston Scientific Corp.
http://www.bingham.com



Gonzales gave firing authority to aides
Lawyer Blog News | 2007/05/02 13:28

An internal US Department of Justice order disclosed Monday by the National Journal gave two top aides to Attorney General Alberto Gonzales wide discretion to fire and hire political appointees within the Department who were not subject to Senate confirmation. The memo, dated March 2006, authorized then-Gonzales chief of staff D. Kyle Sampson and Gonzales's White House liaison, a post later filled by Monica Goodling, "to take final action in matters pertaining to the appointment, employment, pay, separation, and general administration" of almost all non-civil service DOJ employees. Sampson  and Goodling both resigned earlier this year in the midst of controversy over their roles in the firings of eight US Attorneys for allegedly political reasons.

An early version of the March order had authorized the officials to act without even having to consult the Attorney General, but the wording of the instrument was later revised at the urging of the DOJ Office of Legal Counsel, which was concerned about the constitutionality of such broad-brush delegation of power. An unnamed "senior executive branch official" quoted by the National Journal said of the order that it was "an attempt to make the department more responsive to the political side of the White House and to do it in such a way that people would not know it was going on." Senate Judiciary Committee Chairman Patrick Leahy (D-VT) expressed similar concern over the root strategy apparently reflected in the order, saying in a statement Monday:

This development is highly troubling in what it seems to reveal about White House politicization of key appointees in the Department of Justice. The mass firing of U.S. attorneys appeared to be part of a systematic scheme to inject political influence into the hiring and firing decisions of key justice employees. This secret order would seem to be evidence of an effort to hardwire control over law enforcement by White House political operatives.

Leahy called for the order and its supporting materials to be formally turned over to the Senate and House Judiciary committees looking into the US Attorney firings.



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