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House nixes $700B bailout bill in stunning defeat
U.S. Legal News | 2008/09/29 23:25

In a vote that shook the government, Wall Street and markets around the world, the House on Monday defeated a $700 billion emergency rescue for the nation's financial system, leaving both parties and the Bush administration struggling to pick up the pieces. The Dow Jones industrials plunged nearly 800 points, the most ever for a single day.

"We need to put something back together that works," a grim-faced Treasury Secretary Henry Paulson said after he and Federal Reserve Chairman Ben Bernanke joined in an emergency strategy session at the White House. On Capitol Hill, Democratic leaders said the House would reconvene Thursday in hopes of a quick vote on a reworked version.

All sides agreed the bill could not be abandoned.

On Monday, not enough lawmakers were willing to take the political risk -- just five weeks before the elections -- of backing a deeply unpopular measure that many voters see as an undeserved bailout for Wall Street.

The bill went down, 228-205, even though Paulson and congressional leaders proclaimed a day earlier that they had worked out an acceptable compromise in marathon weekend talks.

Lawmakers were caught in the middle. On one side were the dire predictions from Bush, his economic team, and their own party leaders of an all-out financial meltdown if they failed to approve the rescue. On the other side: a flood of protest calls and e-mails from voters threatening to punish them at the ballot box.

The House Web site was overwhelmed as millions of people sought information about the measure.

The legislation the administration promoted would have allowed the government to buy bad mortgages and other sour assets held by troubled banks and other financial institutions. Getting those debts off their books should bolster those companies' balance sheets, making them more inclined to lend and easing one of the biggest choke points in a national credit crisis. If the plan worked, the thinking went, it would help lift a major weight off the national economy, which is already sputtering.

Stocks started plummeting on Wall Street even before Monday's vote was over, as traders watched the rescue measure going down on television. Meanwhile, lawmakers were watching them back.

As a digital screen in the House chamber recorded a cascade of "no" votes against the bailout, Democratic Rep. Joe Crowley of New York shouted news of the falling Dow Jones industrials. "Six hundred points!" he yelled, jabbing his thumb downward.

The final stock carnage was 777 points, far surpassing the 684-point drop on the first trading day after the Sept. 11, 2001, terror attacks.



Bush confident bailout bill will stabilize economy
Law & Politics | 2008/09/29 16:49
Key supporters of a Wall Street bailout package prodded lawmakers to approve the plan hours ahead of a difficult House vote on Monday, with President Bush saying it is needed to "keep the crisis in our financial system from spreading throughout our economy."

"Every member of Congress and every American should keep in mind that a vote for this bill is a vote to prevent economic damage to you and your community," said Bush, fully aware that congressional passage of the $700 billion compromise legislation is far from assured.

"With this strong and decisive legislation," he said, "we will help restart the flow of credit so American families can meet their daily needs and American businesses can make purchases, ship goods and meet their payrolls."

Two leading players in the negotiations also spoke early Monday, taking to television news shows to lobby for approval of a package deeply unpopular with a public angry that taxpayer money will save Wall Street firms from heavy risk-taking. Thousands of angry phone calls, e-mails and letters have poured into Capitol Hill from constituents.

But Sen. Chris Dodd, D-Conn., said that failure to act would spread the contagion of frozen credit markets even further. "This is not just about Wall Street," said the Banking Committee chairman.

Sen. Judd Gregg, R-N.H., who represented fellow Republicans in the hard-fought 10 days of talks that culminated in a deal early Sunday morning, called it a "tourniquet" for the ailing financial industry and slow-moving economy.

Still, both men said the necessity of such massive government action is a sad day for the nation. Asked if the legislation, slated for a vote in the House later Monday and a Senate vote as early as Wednesday, would pass, Dodd said only: "We hope so."

These players were speaking not just to rank-and-file lawmakers to whom the spotlight now turns in this contentious, dramatic debate, but to U.S. and global markets which have displayed nervousness about Washington's determination to act.



Federal judge upholds early voting in Ohio
Legal Career News | 2008/09/29 16:46
An Ohio county must allow new voters to register and cast an absentee ballot on the same day during a weeklong period that begins Tuesday, a federal judge ruled Monday.

U.S. District Judge James Gwin in Cleveland issued a temporary restraining order forcing Madison County to follow Secretary of State Jennifer Brunner's instructions. The county had said that, one the advice of its county prosecutor, it was not going to allow same-day voting during the six-day window that runs through Oct. 6.

It was the first of three court decisions involving an early voting window that has become a highly partisan battle.

Both Democratic presidential candidate Barack Obama's campaign and the Republican National Committee have urged supporters in Ohio to use the early voting. But there are Republican-backed lawsuits against it.

The state GOP has filed a statewide challenge to the voting window in federal court in Columbus. A hearing was scheduled for Monday.

Two GOP-backed voters also have filed a lawsuit in the Ohio Supreme Court, which could rule Monday.

The two lawsuits argue that Ohio law requires voters to be registered for at least 30 days before they cast an absentee ballot. Republicans have said Ohio law doesn't allow same-day registration and voting, and have accused Brunner, a Democrat, of reading a partisan interpretation into law to benefit her own party.

The disputed voting window results from an overlap between Tuesday's beginning of absentee voting 35 days before Election Day, and the Oct. 6 end of voter registration period.



Conservative judges fault Scalia opinion on guns
Lawyer Blog News | 2008/09/29 10:46
Supreme Court Justice Antonin Scalia is no stranger to criticism. He gives as good as he gets.

But two recent critiques of his opinion in the landmark decision guaranteeing people the right keep guns at home for self-defense are notable because they come from respected fellow conservative federal judges.

The judges, J. Harvie Wilkinson of the 4th U.S. Circuit Court of Appeals in Richmond, Va., and Richard Posner of the 7th U.S. Circuit Court of Appeals in Chicago, take Scalia to task for engaging in the same sort of judicial activism he regularly disdains.

Wilkinson was interviewed by President Bush in 2005 for a Supreme Court vacancy. His article strongly suggests that the 5-4 decision in Heller v. District of Columbia would have come out differently if he had been chosen for the court. Bush's appointees to the high court, Chief Justice John Roberts and Justice Samuel Alito, joined Scalia's opinion.

The district's elected government is trying to figure out how to maintain restrictions on gun possession in the wake of the court ruling that struck down its 32-year-old ban on handguns. The D.C. council voted this month to let residents own most semiautomatic pistols and eliminate a requirement that guns be stored unloaded or secured with trigger locks.

Congressional critics said the city did not go far enough. The House passed a bill, backed by the National Rifle Association, that broadens the rights of city residents to buy and own firearms. The Senate has yet to act.

Wilkinson said elected officials are in a better position to determine gun laws than the courts. He compared the gun case to Roe v. Wade, the abortion rights decision that conservatives consider among the court's worst.

"Heller represents a triumph for conservative lawyers. But it also represents a failure — the Court's failure to adhere to a conservative judicial methodology in reaching its decision," Wilkinson wrote in an article to be published next year in the Virginia Law Review. "In fact, Heller encourages Americans to do what conservative jurists warned for years they should not do: bypass the ballot and seek to press their political agenda in the courts."

The guns case was easily the most significant opinion Scalia has written in his 22 years on the court. Yet Wilkinson faults the justice for falling victim to the same criticism Scalia leveled in a scathing dissent in the court's 1992 decision that reaffirmed the right to an abortion.



CHATSWORTH METROLINK TRAIN ACCIDENT LAWYERS
Law Firm News | 2008/09/26 18:16
Chatsworth Metrolink Train Crash Attorneys

Special Message for Victims of Chatsworth Metrolink Disaster


On September 12, 2008, an unprecedented tragedy occurred in Chatsworth, California when Metrolink Train #111 struck a Union Pacific freight train which was traveling on the same tracks. Our hearts go out to the victims. But this tragedy should not have happened. It happened because of human error on the part of Metrolink employees. Unfortunately, as the lawyers of RKA know well, human error by railroad engineers is not at all unique as a cause of commuter rail disasters.

Jerome L. Ringler has greater experience in representing victims of commuter rail and freight train disasters than any other lawyer in the State of California, if not the country. He has served as lead counsel in every one of the largest commuter rail disasters which have occurred in Southern California in the past 10 years.

In the Placentia Commuter Rail Disaster of 2003, Mr. Ringler was appointed by the Court as lead counsel for all of the Plaintiffs. He was requested by all of the lawyers representing individuals injured or killed in that incident to try the first case. That case resulted in the largest verdict for Post Traumatic Stress Disorder ever rendered by a jury in the United States. That verdict, which was for $9 million, is detailed below in the multimedia section.

In the Burbank Commuter Rail Disaster, which also occurred in 2003, Mr. Ringler was again appointed by the Court to serve as lead counsel. In that capacity he was given the responsibility to try the entire liability (i.e., fault) case for all of the victims. In other words, every one of the dozens of lawyers who represented individual victims in that disaster trusted Mr. Ringler to try the liability phase for them, knowing that their clients would only recover if Mr. Ringler was successful. He was. In fact, Mr. Ringler not only obtained a favorable verdict for all of the plaintiffs, he obtained a $12 million verdict for his own client as well. This verdict was the largest in the State of California for a person with the type of injuries Mr. Ringler's client had suffered. This verdict is detailed below in the multimedia section.

Mr. Ringler is currently lead counsel for all plaintiffs in the Glendale Metrolink Derailment Disaster of 2005. This incident was, before September 12, 2008, the largest Metrolink disaster in history. Interestingly, in that case (which involves 11 deaths and dozens of serious injuries), Mr. Ringler has, against all odds, developed testimony proving that, even though a mentally-ill person placed a jeep across the tracks that the Metrolink train was traveling upon, human error on the part of the Metrolink engineer prevented him from stopping the train before hitting the jeep, which caused the train to derail. In other words, while the jeep certainly never should have been on the tracks, the Metrolink engineer would have been able to stop the train before ever striking the jeep had he only been paying proper attention. That case is scheduled to go to trial on June 8, 2009, with Mr. Ringler as lead counsel.

The verdicts detailed on this page were all obtained by Mr. Ringler and all relate to railroad litigation. However, Mr. Ringler has achieved enormous, record-breaking monetary awards across California in a variety of complex areas. Those accomplishments are detailed elsewhere in this website. To see them, click here.

If you or a loved one has suffered injury or death as a result of the horrific Chatsworth Metrolink Disaster, we are available to discuss your rights with you confidentially and at no charge.

Please feel free to contact us at your convenience. Ask for Mr. Ringler, or any of his partners, at (213) 473-1900.

http://www.rkallp.com/metrolink-disaster-lawyers.html




Pa. high court says newspaper can protect source
Lawyer Blog News | 2008/09/26 18:13
The Pennsylvania Supreme Court ruled that a newspaper reporter does not need to reveal the identity of a confidential source used in a story about a grand jury investigation into alleged prison brutality.

The 4-1 decision dated Wednesday and released Thursday upholds a lower court ruling that sided with Jennifer Henn and her former employer, the Times-Tribune of Scranton.

Two former Lackawanna County commissioners sued Henn and the paper over a January 2004 story that said they were not cooperative in their appearances before the grand jury.

The Supreme Court said reporters cannot be forced to identify confidential sources — a protection granted by the state's Shield Law.

Grand jury proceedings are secret and state law bars prosecutors, court officials or jurors from discussing such investigations. Witnesses are not barred from discussing their testimony outside the courtroom.

Lackawanna County Judge Robert A. Mazzoni had ruled that the importance of grand jury secrecy outweighed the protections of the Shield Law, but a three-judge Superior Court panel determined that Mazzoni had carved out an improper exception to the law. The high court agreed with the panel.



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