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California's top court to rule on gay marriage
Lawyer Blog News | 2008/05/15 15:40
Both sides in the gay marriage debate will be watching California's highest court Thursday to see if the nation's biggest state goes the way of Massachusetts and legalizes same-sex marriage.

The California Supreme Court was scheduled to rule on a series of lawsuits seeking to overturn a voter-approved law that defines marriage as a union between a man and a woman.

If the court rules in favor of the plaintiffs, California could become the second state after Massachusetts where gay and lesbian residents can marry.

"What happens in California, either way, will have a huge impact around the nation. It will set the tone," said Geoffrey Kors, executive director of the gay rights group Equality California.

Supporters and opponents of gay marriage predicted a number of possible outcomes from the California court's seven justices, six of whom were appointed by Republican governors.

Like the top court in Massachusetts, they could hold that prohibiting same-sex couples from marrying constitutes unlawful discrimination and order state lawmakers to remedy the situation.



Government's top Supreme Court attorney resigns
Headline News | 2008/05/15 11:42
The Justice Department attorney who represents the Bush administration's legal positions before the Supreme Court says he's resigning after more than seven years on the job.

Solicitor General Paul Clement plans to leave his post June 2 — a few weeks before the nation's highest court adjourns for its summer break.

Clement has been the government's chief court advocate for Bush administration policies surrounding the war on terror, including detaining enemy combatants. The government also won several landmark cases that Clement argued, such as banning late-term abortions and letting Congress prohibit the use of marijuana for medicinal purposes.

A Justice Department official said Clement did not have any immediate plans other than spending the summer with his children.



Merck says appeals court overturns Vioxx verdict
Court Feed News | 2008/05/15 10:40
A Texas appeals court on Wednesday overturned a multimillion-dollar verdict against Merck & Co. in one of the few trials it lost over its withdrawn painkiller Vioxx.

A jury in Rio Grande City, Texas, in April 2006 awarded $32 million to the widow of 71-year-old Leonel Garza, a short-term Vioxx user who died of a heart attack in 2001. That award — $7 million for compensatory damages and $25 million for punitive damages — later was cut to about $7.75 million under Texas law limiting damages.

On Wednesday, a three-judge panel of the Texas 4th Court of Appeals overturned the verdict, ruling in favor of Merck. The opinion was signed by Justice Sandee Bryan Marion.

The judges wrote that Garza's family did not prove his brief use of Vioxx caused two blood clots that the family's attorneys argued triggered his heart attack. The judges also concluded the family did not provide sufficient evidence to rule out his long-standing heart disease as the cause of his fatal heart attack.

Garza had a prior heart attack and heart bypass surgery, smoked for nearly 30 years and died of the second heart attack after taking Vioxx for less than a month.

Merck lawyers had argued that heart attack was the end result of his 23 years of heart disease.

"There was simply no reliable evidence Vioxx caused Mr. Garza's heart attack," Travis Sales, one of the attorneys who represented Merck during the trial, said in an interview.

David Hockema, one of the Garza family attorneys, said they had just read the opinion and had not decided on their next move. Possible next steps would be a motion for a rehearing before the same court of appeals or a petition to the Texas Supreme Court, he said.

"I think the decision is clearly wrong and sets an impossible burden for the plaintiff to show the offending instrument (Vioxx) was the sole cause of their injury," Hockema said.

After the trial, a juror admitted previously borrowing more than $12,000 from Garza's widow, Felicia, an issue that Merck also raised in its appeal, Sales noted. However, that was not mentioned in the three-page appellate court decision.



Law Firm Inks $25M Prelease at Cerritos Towne Center
Law Firm News | 2008/05/15 09:43
Law firm Atkinson, Andelson, Loya, Ruud & Romo signed a lease to occupy 64,600 square feet of Class A office space at the newest building to break ground in the Cerritos Towne Center, at 12800 Center Court Drive. The firm will relocate its headquarters to the second, third and fourth floors of the building in the spring of next year, the estimated completion date for the project. The 10-year lease is valued at $25 million.

The 12800 Center Court Drive site is a five-story, 104,000-square-foot office building project on 3.45 acres. John Spohrer of Archisystems International designed the building and Transpacific Development Co. is the developer and owner of the building. The land is leased from the city of Cerritos.

William Hugron of Ashwill Associates represented the law firm. Rick Warner and Andy White of CB Richard Ellis Inc., along with Alan Pyenson of TDC represented the landlord, the city of Cerritos.


Appeals court to consider slur in Jayson Williams case
Lawyer Blog News | 2008/05/14 14:04
The manslaughter case against former New Jersey Nets star Jayson Williams returns to court.

Attorneys for Williams are scheduled to argue in front of a three-judge panel on Wednesday that prosecutors must divulge all details about a racial slur used by an investigator in the case.

The dispute over the slur postponed Williams' retrial for reckless manslaughter, which was to have begun in January.

The 40-year-old Williams was convicted in 2004 of trying to cover up the shooting death of hired driver Costas Christofi two years earlier. The jury acquitted him of aggravated manslaughter but deadlocked on the reckless manslaughter count. Williams has been free on bail since the shooting.



Man accused of handing pot to court security
Criminal Law Updates | 2008/05/14 12:07
A man was arrested after pulling marijuana from his pocket at a security check at a court. The man was visiting the courts section of the Bradley County Justice Center on Monday when he was asked to empty his pockets into a plastic bowl, a standard procedure.

Sheriff Tim Gobble said the items he placed in the bowl included marijuana and rolling papers. When questioned, the man ran from the building, but officers captured him within minutes.

The man faces charges of having contraband in a penal institution and evading arrest.



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