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Judge asked to seize $8B from Calif. treasury
Lawyer Blog News | 2008/08/14 16:05
A federal court overseer asked a judge Wednesday to seize $8 billion from California's cash-strapped treasury to improve medical care at the state's overcrowded prisons.

Court-appointed receiver Clark Kelso said he needs the money over the next five years to build new medical units for 10,000 sick or mentally ill inmates.

Kelso also asked U.S. District Judge Thelton Henderson to hold Gov. Arnold Schwarzenegger and the state's controller in contempt of court if they don't allocate the money soon.

Federal courts have declared the health care system in California's 33 state prisons so poor that it violates inmates' constitutional rights. Kelso was named by the court to oversee the reform effort.

The request to U.S. District Judge Thelton Henderson in San Francisco comes as lawmakers remain at odds over how to cope with California's $15.2 billion deficit seven weeks after the start of the fiscal year.



Manchin, DuPont met over appeal of $196M verdict
Court Feed News | 2008/08/14 15:03
Gov. Joe Manchin's office acknowledged Wednesday that he conferred twice with chemical giant DuPont as it planned to appeal a $196 million punitive damage award in a West Virginia pollution case.

His office also reviewed a draft friend-of-the-court brief offered by the chemical giant.

But the draft was used for reference only, said administration spokeswoman Lara Ramsburg, and the brief Manchin ultimately filed urging the state Supreme Court to hear DuPont's appeal was his own.

"Here, the proposed draft was provided, we politely reviewed it, said 'Thanks, but no thanks,' and ultimately decided to go another way," she said.

The court is in summer recess and has not yet decided whether to take the case.

The revelation about communication between the governor's office and the chemical giant is the latest twist in a complex class-action lawsuit involving nearly 8,000 people exposed to toxic chemicals that spewed for decades from a zinc-smelting plant in Spelter.

While the case centered on medical and liability issues, the plaintiffs also argued that close ties to DuPont made environmental regulators and other state officials complicit in allowing a 112-acre waste pile tainted with arsenic, cadmium and lead to sit in the center of town until 2001.

After a five-week trial in county circuit court last fall, jurors convicted DuPont of wanton, willful and reckless conduct and ordered it to pay punitive damages to deter future misconduct. Total damages were $382 million.



Execs plead guilty to illegal Musgrove donations
Business Law Info | 2008/08/14 14:04
Two businessmen involved with a failed $55 million beef plant pleaded guilty this week to illegally contributing to a past campaign by a Democrat now in a tight U.S. Senate race.

Former Mississippi Gov. Ronnie Musgrove, who is running for the seat vacated by Republican Trent Lott, has not been charged and says he did nothing wrong, but Republicans quickly seized the opportunity to slam him for taking the money.

Robert Moultrie and Nixon Cawood Jr., executives with The Facility Group of Smyrna, Ga., pleaded guilty to giving Musgrove an illegal $25,000 "gratuity" during his 2003 gubernatorial re-election campaign. Musgrove lost the race to Republican Haley Barbour.

The Facility Group managed construction of Mississippi Beef Processors LLC, a cattle plant that closed just three months after it opened in 2004, costing 400 jobs and sticking Mississippi taxpayers with $55 million in state-backed loans.



Court: Saudi Arabia not liable in Sept. 11 attacks
Legal World News | 2008/08/14 12:02
A federal appeals court has ruled that Saudi Arabia and four of its princes cannot be held liable in the Sept. 11 attacks.

The appeals court issued the ruling Thursday, saying the Saudi defendants are protected by sovereign immunity. It also agreed with a lower court that a Saudi banker and a charitable organization cannot be held liable.

The Saudi defendants were among hundreds of other defendants sued by victims of the attacks, including the families of those who died.

Other defendants in the case include foreign governments, charities and individuals alleged to have provided financial and logistical support to al-Qaida.



Michigan 'Joker' sentenced to 1 day in jail
Court Feed News | 2008/08/14 10:06
A man accused of trying to steal a large Batman movie poster from a cinema lobby while dressed as the Joker has pleaded guilty to a misdemeanor charge of malicious destruction of property.

Twenty-year-old Spencer Taylor entered the plea Wednesday in St. Joseph County District Court.

A judge ordered him to serve one day in jail, perform 16 hours of community service and pay $685 in fines.

Charges of attempted larceny in a building and using a mask to conceal his identity during the commission of a crime were dismissed as part of Taylor's plea agreement.

Three Rivers police say he was wearing a purple suit, green wig and face paint when they arrested him on July 27.



Appeals court reverses Steinbeck copyrights ruling
Lawyer Blog News | 2008/08/13 15:50
A federal appeals court has reversed a ruling that awarded John Steinbeck's son and granddaughter publishing rights to 10 of the author's early works, including "The Grapes of Wrath."

The appeals court said Wednesday that a judge made a mistake when he ruled the works belonged to the son, Thomas Steinbeck, and granddaughter Blake Smyle (SMILE'-ee).

A lawyer for the two didn't return a telephone message seeking comment Wednesday.

The two had won rights previously held by various individuals and organizations, including Penguin Group Inc. and the heirs of John Steinbeck's widow, Elaine.

The appeals court ordered the lower court judge to rule in favor of Penguin and the heirs of Elaine Steinbeck. Steinbeck's widow died in April 2003.



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