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High court overturns lead paint verdict
Court Feed News | 2008/07/01 14:52
The Rhode Island Supreme Court overturned a landmark verdict against three former lead paint producers Tuesday, a major setback for communities that want the companies to decontaminate hundreds of thousands of homes and other buildings.

The unanimous decision reversed the lone victory to date against the lead paint industry.

A jury found Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC liable in 2006 for creating a public nuisance by manufacturing and selling a toxic product.

The state had proposed that the companies spend an estimated $2.4 billion to inspect and clean hundreds of thousands of homes built before 1980 that it said were likely to contain lead paint.

The court, in its 4-0 decision, said the state's lawsuit should have been dismissed at the outset. It said that while lead paint was a public health problem in Rhode Island, it wasn't the companies' responsibility to clean it up because they had no control over how the paint was used.



N.D. Supreme Court revives workers' comp charges
Lawyer Blog News | 2008/07/01 14:52
North Dakota's Supreme Court revived two felony charges Monday against a former state workers' compensation director, saying prosecutors may put him on trial for allegedly misspending more than $18,000 in agency funds.

Sandy Blunt was forced out as Workforce Safety and Insurance's director last December. He had been the agency's top executive since April 2004.

Blunt is accused of illegally spending $7,200 on bonuses for Jodi Bjornson, the top lawyer at Workforce Safety and Insurance; John Halvorson, the agency's chief of employer services; and Mark Armstrong, its communications director.

He also is charged with making $11,384 in unauthorized expenditures over a number of months for food, gifts, trinkets and other items for employee meetings and functions, and on meals for state legislators.

The money paid for grill rentals, trolley rides to a meeting at Fort Lincoln State Park, four cases of peppermint patties, Fourth of July holiday items, and candy and balloons for "Bring Your Kids to Work Day," among other items.

Prosecutors say the misspending on employee gifts is a felony punishable by up to 10 years in prison and a $10,000 fine. Awarding the bonuses, they say, is a lesser felony, punishable by five years in prison and a $5,000 fine.



Ga. court upholds partial banishment for offenders
Lawyer Blog News | 2008/07/01 13:52
Faced with the question of whether banishment for criminals in Georgia should be banned, the state's top court answered Monday with its own caveat: It depends on how far the ban extends.

The Georgia Supreme Court acknowledged with its 6-1 decision that banishing convicted criminals from the state is illegal, but it upheld a tactic by judges who ban them from living in all but one of Georgia's 159 counties.

That's what happened to Gregory Mac Terry, who was restricted from living everywhere in Georgia except rural Toombs County after he pleaded guilty in 1995 to charges he assaulted and stalked his estranged wife.

Defense attorneys call the strategy "de facto" banishment. Prosecutors say the orders are a way to rid criminals from populated areas and protect victims from repeat offenses. In Terry's case, they said, the restrictions are needed to protect his wife.

Writing for the majority, Justice Harris Hines said judges can legally skirt the ban on banishment when they restrict convicts like Terry from all but one county.



German court rejects criticism of role in Nazi hunt
Legal World News | 2008/07/01 10:53
A German court on Monday rejected criticism from the Simon Wiesenthal Center that its decisions disallowing certain telephone taps have been obstructing the hunt for former SS doctor Aribert Heim.

The Jewish human rights organization on Friday said the Baden-Baden state court judge in charge of the case had disallowed German police requests on several occasions for telephone taps of Heim's relatives and an old friend who had been in contact with the fugitive.

But Heinz Heister, presiding judge and spokesman for the court, said that in the case of the friend, there had been no appeal of the court's decision, and that the only time a decision disallowing "investigative measures" was challenged, the Baden-Baden court's ruling was upheld.

"Investigative measures — even in the case of a person urgently suspected of many counts of murder — are held to certain boundaries by the constitution and the laws," Heister said in a statement.

Heim, 94, was known for his sadism as a doctor at the Nazi's Mauthausen concentration camp. He was able to flee before authorities came to arrest him in the southern town of Baden-Baden in 1962, however, and his whereabouts today remain unknown.



Tel Aviv-based banker pleads guilty in US fraud case
Legal World News | 2008/06/30 13:44

A Tel Aviv-based banker with United Mizrahi Bank pleaded guilty to setting up secret bank accounts in Israel that, prosecutors say, helped charitable contributors to an orthodox Jewish group evade US taxes.

Joseph Roth, 66, pleaded guilty over the weekend to one count of conspiracy, US Attorney Thomas O'Brien in Los Angeles said in an official statement. A second defendant, Rabbi Moshe E. Zigelman, 60, of Brooklyn, New York, has agreed to plead guilty to his part in the scheme that defrauded the US out of millions of dollars in tax revenue, according to the statement.

Ross and Zigelman were among eight people indicted in December for tax fraud and money laundering. The group was accused of soliciting millions of dollars for the "Spinka'' charities and secretly refunding 95 percent of the donations.

The money was funneled back to the contributors through a network of businesses in the Los Angeles jewelry district and through Israeli bank accounts, prosecutors said. Eric Dobberteen, a lawyer representing Roth, and David Willingham, a lawyer for Zigelman, didn't immediately return calls to their office. The case is US v. Naftali Tzi Weisz et al, 06-775, US District Court, Central District of California



Florida prepares for 1st execution since foul up
Lawyer Blog News | 2008/06/30 12:41
Florida's new procedure for lethal injections could be tested Tuesday when executioners strap down a condemned inmate for the first time since a botched execution.

Mark Dean Schwab, 39, is scheduled to die exactly 16 years after he was sentenced in the 1991 kidnapping, rape and murder of 11-year-old Junny Rios-Martinez.

Florida officials say they have resolved problems with the December 2006 execution of Angel Diaz when needles were accidentally pushed through his veins, causing the lethal chemicals to go into his muscles instead, delaying his death for 34 minutes — twice as long as normal. Some experts said that would cause intense pain.

Then-Gov. Jeb Bush stopped all executions after Diaz was killed, but Florida and other states were also held up as they waited for the U.S. Supreme Court to rule the three-drug method of lethal injection used by Kentucky was constitutional. Thirty-four other states, including Florida, use a similar method.

Florida's new procedure requires the warden to make sure the inmate is unconscious following the injection of the first chemical, sodium pentothal. Then the executioner will inject pancuronium bromide to paralyze his muscles and potassium chloride to stop his heart. It also requires people with medical training to be involved in the process.

Schwab and his attorneys aren't so sure the problems are fixed. An analysis done for Schwab's lawyers showed that nine of the 30 mock executions performed by Florida's Department of Corrections between September 2007 and May were failures, said one of his state-paid attorneys, Mark Gruber.

The corrections department said its mock exercises have included preparation for potential problems such as a combative inmate, the incapacity of an execution team member, power failure and finding a vein.



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