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Smoker's widow seeks $79.5M award at high court
Lawyer Blog News | 2008/12/03 09:22
A cigarette maker and a smoker's widow squared off at the Supreme Court on Wednesday for the third time over a $79.5 million punitive damages award, but the real battle was between the justices and their counterparts on Oregon's high court.

Twice before, the Supreme Court has struck down the judgment against Altria Group Inc.'s Philip Morris USA and ordered the Oregon court to take another look at the case. Each time, the Oregon high court has upheld the award to Mayola Williams, the widow of a longtime smoker of Philip Morris' Marlboro brand.

In its latest appeal, Philip Morris contended the Oregon judges were essentially thumbing their noses at the Supreme Court. "We're here today because the Oregon court failed to follow this court's decision," Philip Morris' lawyer, Stephen Shapiro, told the justices.

Justice Stephen Breyer, who sided with Philip Morris in its last round, was more skeptical of the cigarette maker's arguments Wednesday.

At first, Breyer said, "I thought this was a runaround. I'm not sure I think that now."

At the same time, however, the justices worried that state courts could ignore Supreme Court rulings on constitutional issues.

"How do we guard against making constitutional decisions which are simply going to be nullified by some clever device?" Justice David Souter asked.

Robert Peck, Williams' lawyer, tried to allay the concern. "There was no sandbagging here," Peck said. "The Oregon Supreme Court did not act in bad faith."



Justices chide California-based appeals court
Legal Career News | 2008/12/02 17:22
The Supreme Court took aim at one of its favorite targets Tuesday, criticizing a California-based federal appeals court for its ruling in favor of a criminal defendant.

The justices threw out a decision by the San Francisco-based 9th U.S. Circuit Court of Appeals in the case of Michael Robert Pulido, who was convicted for his role in robbing a gas station and killing the defendant.

A U.S. District Court judge set aside Pulido's conviction because the trial judge in the case gave the jury improper instructions.

The high court said in an unsigned opinion that the appeals court ruling affirming the federal judge's action used faulty reasoning. The justices did not reinstate Pulido's conviction.

Justices John Paul Stevens, Ruth Bader Ginsburg and David Souter agreed that the appeals court made a mistake, but would have affirmed its ruling anyway because the underlying decision in favor of Pulido was correct.

Last month, the court overruled the 9th Circuit in an environmental case involving the Navy's use of sonar and its potential harm to whales.



Federal judges to rule on Calif. prison crowding
Legal Career News | 2008/12/01 17:16
California's day of reckoning has finally come for three decades of tough-on-crime policies that led to overcrowded prisons and unconstitutional conditions for inmates.

The federal courts have already found that the prison system's delivery of health and mental health care is so negligent that it's a direct cause of inmate deaths.

A special three-judge panel reconvenes Tuesday and is prepared to decide whether crowding has become so bad that inmates cannot receive proper care. If they do, the panel will decide if lowering the inmate population is the only way to fix the problems.

That could result in an order to release tens of thousands of California inmates before their terms are finished, a move Gov. Arnold Schwarzenegger and Republican lawmakers say would endanger public safety.

"The time has come: The extreme, pervasive and long-lasting overcrowding in California prisons must be addressed," attorney Michael Bien, representing inmates, told the judges during the opening of the trial.

Bien and other civil rights attorneys want the panel to order the prison population cut from 156,300 inmates to about 110,000. That still would be above the capacity of California's 33 state prisons, which were designed to hold fewer than 100,000 inmates.



Junk-bond king among those seeking Bush pardon
Lawyer Blog News | 2008/11/29 17:18
Some high-profile convicts past and present are among more than 2,000 people asking President George W. Bush to pardon them or commute their prison sentences before he leaves office.

Junk-bond king Michael Milken, media mogul Conrad Black and American-born Taliban soldier John Walker Lindh have applied to the Justice Department seeking official forgiveness.

But with Bush's term ending Jan. 20, some lawyers are lobbying the White House directly to pardon their clients. That raises the possibility that the president could excuse scores of people, including some who have not been charged, to protect them from future accusations, such as former Attorney General Alberto Gonzales or star baseball pitcher Roger Clemens.

Those who have worked with Bush predict that will not happen. The White House has declined to comment on upcoming pardons.

"I would expect the president's conservative approach to executive pardons to continue through the remainder of his term," said Helgi C. Walker, a former Bush associate White House counsel.



SKorean court grants coma patient right to die
Legal World News | 2008/11/28 17:17
A South Korean court ordered the removal of a respirator from a comatose patient Friday, saying the "meaningless" extension of life was against the patient's right to die with dignity.

The decision marks the first court ruling of its kind in South Korea.

The 76-year-old patient, identified only by her surname, Kim, has been in a permanent, vegetative coma since suffering brain damage in February.

Her family filed a lawsuit after doctors refused to end her life. Her children claim their mother had always opposed keeping people alive on machines when there is no chance of revival.

The court accepted the argument.

"Doctors have the obligation to comply with a patient's demand for the removal of a respirator in case it is meaningless to extend life, and if it serves more for the dignity and value as a human being (for the patient) to die spontaneously," Seoul Western District Court said in the ruling.

The court said there are enough indications to assume the patient would have wanted to be removed from the respirator if she knew of her condition. Doctors at major hospitals in Seoul agree that Kim has no chance of revival and could live as long as three or four months, the ruling said.

The court cautioned, however, that the ruling does not deal with "proactive euthanasia" and does not mean that family members have the right to independently ask to end medical treatment for loved ones.



Appeals court lets Vatican sex-abuse case proceed
Lawyer Blog News | 2008/11/25 17:11
A lawsuit can continue against the Vatican alleging that top church officials should have warned the public or authorities of known or suspected sexual abuse of children by priests in the Archdiocese of Louisville, a federal appeals court ruled Monday.

The 6th U.S. Circuit Court of Appeals gave the go-ahead for the lawsuit filed by three men who claim priests abused them as children. They allege the Vatican orchestrated a decades-long coverup of priests sexually abusing children throughout the U.S.

Louisville attorney William McMurry is seeking class-action status, saying there are thousands of victims nationally in the scandal that haunts the Roman Catholic Church. He is seeking unspecified damages from the Vatican.

"This is an enormously huge moment," McMurry said. "We're finally going to get to the root of the problem."

Jeffrey Lena, a Berkeley, Calif.-based attorney for the Vatican, said the appeals court's decision narrows the plaintiffs' case because the court upheld dismissing several issues.

"It's gratifying to see the hard work the judges put into the opinion," Lena said.

Lena declined to say if he would appeal the decision. McMurry said he expects the case to wind up before the U.S. Supreme Court.

Several lawsuits around the country have sought damages against the Vatican, but many have been bounced around in lower courts. Attorneys for both sides say the Louisville case is unique.



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