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WTO Protesters To Get $1m Settlement
Court Feed News |
2007/04/04 16:35
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SEATTLE - The city's insurance company has agreed to pay $1 million to settle claims from about 175 people who were wrongly arrested during a peaceful World Trade Organization protest in 1999. The case went to trial in January, and a federal jury found Seattle liable for violating the protesters' constitutional rights by arresting them without probable cause. The settlement, announced Monday, avoids a damages phase to determine how much the city owed, and it resolves the last outstanding claims against the city from the protests. "The police can respect the constitutional rights of protesters and at the same time protect the public safety,'' said Mike Withey of Washington, D.C.-based Trial Lawyers for Public Justice, which brought the lawsuit. As part of the settlement, which a federal judge must approve, the city will seal the arrest records and ask any law enforcement agencies that received copies to expunge them, Withey said. Each protester will be eligible to receive $3,000 to $10,000, and some of the settlement will be used to pay legal fees. City Attorney Tom Carr said the city believes it would have won an appeal. "However, the city's insurance company decided to settle the case rather than to continue to fund the appellate litigation,'' Carr said in a news release. The insurance company is National Union, said Carr's assistant, Ruth Bowman. The company did not immediately respond to an e-mail seeking comment. The trial stemmed from the mass arrest of protesters at a downtown park, where they were sitting and singing patriotic anthems. That week, 50,000 demonstrators had swarmed Seattle, overwhelming police and closing down parts of the WTO meeting. The park was in a "no-protest'' zone established by the mayor, but officers made no effort to determine whether the protesters had other legitimate reasons to be there before making the arrests, the jury decided. In a pretrial ruling, U.S. District Judge Marsha Pechman ruled the city had made the arrests without probable cause. Arrest reports were not filled out properly, she noted. The city agreed in the settlement to issue copies of Pechman's rulings in the case to police cadets and officers to help prevent unlawful mass arrests, Withey said. Lead plaintiff Ken Hankin, a Boeing worker, said he was pleased the settlement had been reached but added that getting a few thousand dollars seemed paltry compared to the violation of his rights. He spent three days in police custody and wasn't released until the WTO meetings had ended. "I lost my right to protest the WTO,'' he said. "That's something I feel very upset about.'' Seattle previously paid about $800,000 in more than a dozen WTO lawsuits and claims. |
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Ohio Sues Paint Makers Over Lead Paint
Court Feed News |
2007/04/04 16:23
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Ten U.S. chemical companies have been accused of making and selling lead paint though it has been banned since 1978. Marc Dann, attorney general of the state of Ohio, filed suit against 10 major U.S. chemical companies and paint makers, including Sherwin-Williams and DuPont, on Monday. Lead in the bloodstream can cause damage to the neurological system and learning abilities, especially in children. Lead paint was banned in the United States in 1978. Dann accused the companies of making and selling lead paint even though they knew that it is harmful, and said they should be ruled in violation of the state's public nuisance law. The other companies in the lawsuit are American Cyanamid Co., Armstrong Containers Inc., Conagra Grocery Products Co., Cytec Industries Inc., and Lyondell Chemical Co. |
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High court ruling is major plus for cutting emissions
Attorney Blogs |
2007/04/04 13:54
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California and other states have taken action to reduce carbon dioxide emissions from cars and trucks while the Environmental Protection Agency has looked the other way. A U.S. Supreme Court ruling that the agency no longer can "shirk its environmental responsibilities" is a major move toward a badly needed federal policy to control global warming.
The Bush administration argued that EPA had no authority to control tailpipe emissions under the Clean Air Act, which does not specifically mention carbon dioxide and other greenhouse gases. The court said the agency can "avoid taking further action" only "if it determines that greenhouse gases do not contribute to climate change." That would be a preposterous determination.The plaintiffs included 12 states, including the three West Coast states, American Samoa, several cities and 13 environmental groups, but not Hawaii. Justice John Paul Stevens, writing for the 5-4 majority, noted that the plaintiffs submitted "uncontested affidavits" that "the rise in sea levels associated with global warming has already harmed and will continue to harm" those areas. "The risk of catastrophic harm, though remote, is nevertheless real." Nowhere is that potential harm greater than in the Pacific. The world's sea level is projected to rise by as much as 23 inches by 2100, compared with 6 to 9 inches in the past century, the International Panel on Climate Change of the United Nations reported in February. Other estimates are more pessimistic. Much of Waikiki could be underwater in the not-too-distance future, and the president of Kiribati has notified the United Nations that many of his 100,000 citizens will have to find other quarters when the atolls become unlivable in 50 years. California has taken the lead with a new law to cut nearly 30 percent of carbon dioxide emissions on cars sold in the state beginning in 2016. A dozen other states have enacted similar laws, and Hawaii's Legislature is nearing approval of a bill aimed at lowering the state's greenhouse gas emissions to 1990 levels by 2020. The effort to control emissions must be national. The high court ruling means that EPA is allowed to regulate emissions, giving momentum to Congress to eliminate any wiggle room and require that it do so. That is understood by Rep. John Dingell, a Michigan Democrat who supports the auto industry and is chairman of the House Energy and Commerce Committee. In a prepared statement, Dingell said the ruling "provides another compelling reason why Congress must act, and the president must sign, comprehensive climate change legislation." |
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Hicks unlikely to break gag order: lawyer
Lawyer Blog News |
2007/04/04 10:23
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Australian Guantanamo Bay detainee David Hicks will not speak to the media in violation of a court order, Hicks' lawyer said Wednesday. Despite statements by Australian Attorney-General Philip Ruddock that Australia cannot enforce the gag order once Hicks returns to the country, Hicks' lawyer told Australia's ABC News that Hicks is not interested in speaking to the media. According to his lawyer, Hicks "is focused on getting home...to be close to his family." Hicks submitted an application Monday to be transferred to a prison near his home in South Australia to serve the remainder of his nine-month sentence after pleading guilty to a charge of supporting terrorism last week. The Australian government is awaiting formal documentation from US authorities to move Hicks from the US prison camp at Guantanamo Bay. Once this information is received, the Australian federal government can approach the state government in South Australia to move the process forward, including assessing security requirements and a potential control order. |
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Dems Urge Gonzales Aide to Testify; She Refuses
Lawyer Blog News |
2007/04/04 10:23
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Monica M. Goodling, on leave from her post as special counsel to the US Attorney General, told the House Judiciary Committee on Tuesday that she will not speak to the committee about her role in last year's firing of eight US attorneys. Committee members said that a voluntary interview would forgo the need to subpoena Goodling, but Goodling's lawyer stated that even if she was subpoenaed before the committee, she would claim protection under the Fifth Amendment. Some House representatives doubt her ability to do so, stating that "her claims do not constitute a valid basis for invoking the privilege against self-incrimination." Goodling has said previously that she will refuse to testify before Congressional committees, indicating that she would plead the Fifth Amendment if called to speak. Senate Democrats have rejected attempts by the White House to advance the date that US Attorney General Alberto Gonzales is scheduled to testify on the firings. Gonzales defended his role in the firings on Friday, admitting that there has been some confusion, but saying that his involvement in the matter was limited to signing off on recommendations made by his former chief of staff Kyle Sampson. Sampson, who resigned last month, told the Senate Judiciary Committee last week that the prosecutors were fired for political reasons rather than for poor performance as the Justice Department has claimed. Sampson also said Gonzales did more than merely follow his recommendations, and that Gonzales and former White House counsel Harriet Miers were deeply involved in the firings. |
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Charge upgraded after lieutenant's death
Criminal Law Updates |
2007/04/04 07:17
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A man accused of driving drunk and fatally injuring a Gainesville Police lieutenant in the aftermath of Tuesday morning's national championship celebration could be prosecuted under a law passed following the death of another GPD officer in 2001. Attorneys with the State Attorney's Office are reviewing whether Austin J. Wright, accused of DUI manslaughter in connection with Gainesville Police Lt. Corey Dahlem's death, could be prosecuted under a law known as the Scott Baird Act. Gainesville Police Officer Scott Baird, 23, died in 2001 after he was struck by a vehicle while trying to remove a batting cage that had been dragged from a field at Gainesville High School onto NW 16th Terrace. Baird had been with the department two years when he was killed. The year following Baird's death, Florida legislators passed an act that makes manslaughter of a law enforcement officer punishable by a maximum sentence of 30 years in prison rather than 15 years. Prosecutors plan to review crash investigation reports and other records before determining if Wright will be tried under the Scott Baird Act, said State Attorney's Office spokesman Spencer Mann. Wright, listed by troopers as an Atlantic Beach resident, was being held at the Alachua County jail late Wednesday. Earlier Wednesday, Wright had made his first court appearance, at which a $500,000 bond was set for his release, said Florida Highway Patrol spokesman Lt. Mike Burroughs. Charges originally filed against Wright after the crash were driving under the influence with serious bodily injury to another and failure to stop or remain at an accident involving injury, Burroughs said. But, after Dahlem's death Wednesday afternoon, the charge was upgraded to DUI manslaughter aggravated by leaving the scene of a traffic crash involving death. Wright also was cited for careless driving and violation of a traffic control device. Wright's prior criminal history and driving record show he had received tickets for speeding and was charged with minor drug-related charges. Misdemeanor charges against Wright out of Highlands County for marijuana possession, possession of narcotics equipment and possession of alcohol by a person under 21 were dismissed, according to records from the Florida Department of Law Enforcement. He also had been cited for speeding in Hernando and Duval counties last year, a report from the Florida Department of Highway Safety and Motor Vehicles showed. Wright appeared to have a bruise on his cheek in a jail mug shot taken after his arrest. Police spokesman Lt. Keith Kameg said officers on the scene when Wright was stopped and later arrested said the bruise was present when he was taken into custody. The name of an attorney representing Wright was not immediately available Wednesday. |
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