Lawyer News
Today's Date: U.S. Attorney News Feed
Law Firm Petitions For Access To Bridge Site
Headline News | 2007/08/14 09:02

A law firm asked a federal court to grant its experts immediate access to the Interstate 35W bridge collapse site so they can begin their own investigation into what could lead to wrongful death and personal injury lawsuits. The petition was filed in U.S. District Court here Monday by the law firm of Schwebel, Goetz & Sieben, which specializes in personal injury cases.

In the petition, the firm said it's representing three people severely injured in the Aug. 1 collapse and the families of two people who died in the disaster. It did not identify the victims, and attorney James Schwebel declined to reveal them.

A hearing on the petition was scheduled for 2 p.m. Wednesday before U.S. District Judge Patrick J. Schiltz in St. Paul.

"We are in the very preliminary stage on this," Schwebel said. "We've been retained by several families. We've been contacted by many others. They're obviously wanting to make sure there is some accountability for whoever is culpable for this disaster, and we need to have experts to answer many of these questions for us."

Copies of the petition were served on the offices of the U.S. attorney for Minnesota, the Minneapolis city attorney and the state attorney general because federal, city and state and city agencies are involved in the collapse investigation. Spokespeople for those offices did not immediately return phone calls Tuesday.

The petition said the firm had hired two experts to help it pursue wrongful death and personal injury lawsuits on behalf of its clients, and that they had special training and experience that would "assist a jury in determining negligence and causation issues."

Time is of the essence because the impending dismantling of the wreckage "will forever make it impossible to perform an inspection on the site," the petition said.

Nine people were confirmed dead and four were still missing as of Tuesday, while about 100 people were injured in the collapse.

Wrongful death lawsuits must be filed in three years, but the deadline for negligence suits is longer, Schwebel said.

The state's liability is limited to $1 million, but any lawsuits could also target private contractors and their insurers.



Law firm for paralyzed woman entitled to $500,000
Headline News | 2007/08/10 13:24
A law firm that represented a woman paralyzed in a botched operation should receive $500,000 more than the $1.07 million the state Legislature has already approved, a Broward judge ruled Thursday afternoon. Sheldon J. Schlesinger's Fort Lauderdale law firm was entitled to the money based on its contract with the parents of Minouche Noel, Broward Circuit Judge Leroy Moe ruled. The judge rejected Schlesinger's request to receive an additional $42,000 in legal costs.

Bruce Johnson, the Noels' current attorney, told the South Florida Sun-Sentinel that his clients were "very disappointed."

"We were surprised by the ruling, and we believe it was incorrect," Johnson said to the newspaper.

A telephone message left by The Associated Press at Schlesinger's office and with the attorney representing the firm, Bruce Rogow, was not immediately returned after hours Thursday.

Noel was left paralyzed from the waist down at 6 months old following surgery at a state clinic in 1999. Now 19, she suffers from spina bifida, a congenital defect in which the spinal column fails to close properly.

A Broward jury awarded $8.5 million to the Noels, but state law limits such payments to $200,000 without legislative approval. Lawmakers finally passed the claims bill this year after several failed attempts.

Schlesinger filed a lien asking for more money than the legislation allocated to the firm.

Last month, Chief Financial Officer Alex Sink argued the Circuit Court in Fort Lauderdale lacks jurisdiction on the case. A telephone message and an e-mail left after hours by AP for Sink was not immediately returned.

Noel and her family lived in Broward County when the surgery took place but have since moved to Brevard County, where she is attending college.



Lawmaker seeks bridge trust fund
Headline News | 2007/08/09 14:53
One weary week after the Interstate 35W bridge collapse, a senior federal lawmaker from Minnesota proposed sweeping legislation to establish a trust fund dedicated to repairing the nation's aging, deficient bridges. The proposal by Rep. Jim Oberstar (D-Minn.), chairman of the House Transportation Committee, would be aimed at repairing 73,784 bridges from coast to coast rated "structurally deficient" -- with a price tag that could be as much as $188 billion by one estimate. House Speaker Nancy Pelosi (D-Calif.) pledged to support the plan.

It could cost Americans dearly: the proposal includes raising federal gas taxes 5 cents from 18.4 to 23.4 cents, at a time when drivers are already reeling from high gas prices. President Bush and several prominent lawmakers have previously opposed gas tax hikes.

"If you're not prepared to invest another 5 cents in bridge reconstruction and road reconstruction, then God help you," Oberstar said, after touring the site of the collapse by helicopter.

Meanwhile, federal investigators seeking a cause for the accident zeroed inon two key factors that could not only explain the collapse but may also have implications for bridge safety nationwide.

One focus of the investigation now centers on how much concrete was on the bridge at the time of the accident and whether the bridge could sustain a load of new concrete as it was being resurfaced. Investigators also identified possible design flaws in "gusset plates" that connected the steel beams in a pattern on the bridge structure.

The concrete on the bridge surface had been poured during the 48 hours before the accident in ongoing summertime resurfacing, although none was poured on the day of the accident, according to National Transportation Safety Board sources.

The uncured concrete that was poured added weight to the bridge deck but because it had not yet set, it added no structural support, they said.

Investigators "obtained core samples of the bridge deck material to get a better picture of the deck thickness to help make an assessment about the amount of concrete on the bridge at the time of the accident," the NTSB said in a statement Wednesday.

As for the gusset plates, a weakness in the design when the bridge was built in the 1960s may have caused the bridge to fall under its load, investigators theorize.

"Safety Board investigators are in the process of verifying the loads and stresses on the gusset plates at these locations, as well as the materials used in constructing the gusset plates," the NTSB said.

Emotions remain high now with bodies still missing in the Mississippi River and a major investigation under way. But with Congress in recess, the ultimate fate of the legislation must await its return. It faces a balancing act with other priorities for spending, including costly wars in Iraq and Afghanistan.

"Last week, the country received a wake-up call with the collapse of the bridge in Minnesota. Our sadness must at least be met with a commitment to address our infrastructure shortcomings," Pelosi said in a prepared address to the National Conference of State Legislatures.

While Pelosi's spokesman, Brendan Daly, said the bill would "come to the floor quickly," its chances of passage are unclear.

Oberstar's chairmanship of the Transportation Committee, along with Pelosi's early endorsement of his efforts, boosts its odds of passing. With the tragedy fresh in their minds, lawmakers have made numerous comments about the need to tackle America's failing infrastructure.

But the measure faces serious hurdles, Congress-watchers say.

In a written statement, Minority Leader John Mica, (R-Fla.) called the legislation "a knee jerk reaction to the critical problem facing our transportation and infrastructure systems."

Thomas Mann, a senior fellow at the Brookings Institution in Washington, D.C., said the packed schedule the House is expected to face in September, combined with the proposed taxes, make it unlikely that Oberstar's legislation will succeed.

"Bush is utterly committed to vetoing any tax increases of any kind and Republicans in general remain opposed to this," he said. "This would probably require a Democratic president."

Estimates vary as to the cost of repairing all 73,784 structurally deficient bridges, but The Associated Press reported that the American Society of Civil Engineers estimates it would require spending at least $9.4 billion a year for 20 years, or $188 billion.

As the political debate swirled, searchers and federal divers worked nearly round-the clock and in painstaking detail to find at least eight people who remain missing. Authorities have mapped 88 vehicles in the river but did not say what was in them. Five people were confirmed dead in the last week and more than 80 injured.


‘Pant Lawsuit’ Judge May Not Be Reappointed
Headline News | 2007/08/09 13:59
The D.C. judge who sued his ethnic Korean dry cleaners for $54 million over a pair of pants will probably have to begin looking for a new job.

A city commission has voted to formally notify Administrative Law Judge Roy Pearson that he may not be reappointed to the 10-year bench, Washington Post quoted a government source as saying Wednesday.

In a letter sent to Pearson Tuesday, the Commission on Selection and Tenure of Administrative Law Judges cited not only Pearson's infamous failed lawsuit against Custom Cleaners, but his work as a judge the past two years, the Post said in its Website.

“Pearson is not out of work yet. The letter is a key step, though, alerting him that his reappointment is in jeopardy. He has 15 days to file a rebuttal and could push for reappointment by appearing before the commission at its next meeting in September,” the Post said.

Pearson has not responded to recent efforts to reach him for comment, including e-mail and telephone messages this week, according to the newspaper.

The commission has been reviewing applications from several administrative law judges seeking reappointment. In a statement, the chairman, D.C Superior Court Judge Robert R. Rigsby, said it has considered all of the applications "thoroughly and thoughtfully," the Website said.


Law firm cancels political operative's sublease
Headline News | 2007/08/07 14:14

Republican political operative Jeff Roe will soon be looking for new digs.Lathrop & Gage, the law firm that houses his consulting firm, Axiom Strategies, is terminating his sublease.Lathrop said it was doing so because it determined that it no longer needed Roe's second-floor space.The move, coincidental or not, comes as politicos allied with Roe, including Missouri Gov. Matt Blunt, heat up their attacks on "activist judges." That may not sit well with Lathrop, which boasts several former bar presidents and other legal eminences among its members.

Earlier this year, Roe told lawyers at a Kansas City Metropolitan Bar Association conference that "there will be negative campaigns against judges in 2008. That is reality."

Lathrop simply said that it no longer needed the space it leased to Roe and that it had given its landlord and Roe notice of its intent to terminate the lease.

Roe last week said his lease runs until March or April and he'd been dealing directly with the building's owner, an out-of-town outfit. He said he originally signed a two-year lease.

Roe said he hopes to remain in the space by negotiating directly with the landlord but plans to remain there in any event until the sublease expires.

The space houses nine employees, according to Roe, who has his own 20- by 25-foot glassed-in corner office. He said he had two other offices in the area but declined to disclose their locations.

Blunt's sister, Amy Blunt, works in Lathrop's government relations department. Like other large and influential law firms, Lathrop boasts both heavyweight Democrats and Republicans on its roster, including Jack Craft (Republican) and Harold Fridkin (Democrat) in its Kansas City office.

KSU case is 'moot'

A constitutional challenge to the removal in 2004 of the adviser to Kansas State University's newspaper was ruled moot last week by a federal court.

Katie Lane, the former editor in chief of the Collegian, and Sarah Rice, its former managing editor, sued over the removal of Ron Johnson as the paper's adviser, supposedly because of the subpar quality of the newspaper's news coverage.

The move occurred after a controversy erupted on campus over the extent of minority news coverage in the newspaper and its failure to cover the Big XII Conference on Black Student Government held in Manhattan in 2004. Lane and Rice claimed that Johnson's removal was triggered by the controversy and chilled the exercise of their First Amendment rights.

The trial court dismissed the case, finding that the First Amendment claim failed because the decision to remove Johnson was based on the quality of the Collegian, not its content. On appeal, the 10th U.S. Circuit Court of Appeals vacated the trial court's decision, ruling that because Lane and Rice have since graduated, their claims were moot.

An exception to the mootness doctrine — where there's a reasonable expectation that the same complaining parties will be subjected to the same actions again — was found inapplicable.

"Because only KSU students serve as editors of the Collegian, there is no reasonable expectation that Lane and Rice will be subjected, post-graduation, to censorship by defendants in connection with this newspaper," the court stated.




Jurors' doubts weigh heavily in Davis case
Headline News | 2007/08/06 13:32

Five days before Troy Anthony Davis' scheduled execution, Brenda Forrest got a call from her husband of eight years.

He had just heard a report on a Chicago radio station about a convicted cop killer from their hometown of Savannah. The report said serious questions had surfaced about whether the man was actually guilty of the 1989 murder.

"Oh my God," Forrest said, finally letting go of the secret she had kept. "I was on that jury. I've got to get involved."

The next day, Forrest called lawyers at the Georgia Resource Center, whose attorneys help represent Davis. She reviewed recanted testimonies of seven of nine trial witnesses and also the affidavits of others who had stepped forward with additional information. Some implicated another man in the murder of Officer Mark Allen MacPhail.

Forrest signed a sworn statement of her own:

"I have some serious doubts about the justness of Mr. Davis' death sentence. I find it very troubling that the jury's sentence was based upon incomplete and unreliable evidence. If I had been aware of this newly gathered evidence and had the benefit of it at trial, I would not have sentenced Mr. Davis to death."

Three other jurors in Davis' 1991 trial signed similar statements that his defense lawyers presented to the Georgia Board of Pardons and Paroles at a hearing on July 16, the day before Davis was set to die.

Curtis Wilson, Isaiah Middleton and Cynthia Quarterman also expressed concerns as to the fairness of Davis' punishment given after reviewing the revised testimonies.

The clemency board temporarily stayed Davis' execution.

On Friday, the Georgia Supreme Court agreed to hear Davis' request that he be granted a new trial. A spokeswoman for the clemency board said it would announce today if would hold a hearing previously scheduled for Thursday after the five board members have reviewed the Supreme Court's decision to hear the case.

Forrest said she believes Davis should not be put to death until the new evidence in his case is examined by a judge or jury. No court has yet seen the new information because of a 1996 federal law designed to streamline capital cases and place a time limit on inmate appeals.

"I can't say for sure if he's guilty or not, but he deserves to be heard," Forrest said.

It's not common to have four jurors change their minds based on new evidence, said one legal expert who has been studying capital case juries for 15 years.

"In this case, the fact that there are any jurors, but especially four with doubts about the death penalty, would sort of indicate that chances of a life sentence would be significant," said Scott Sundby, law professor at Washington & Lee University.

Because of the federal law, however, the difficulty is getting any forum to hear from Davis' defense attorneys, Sundby said. "I am impressed that the pardons board is open to this evidence," he said.

Sundby said a lot is asked of jurors who must make a decision of life and death.

"One of their greatest frustrations is when they have gone through this process and then they find out they didn't have the full picture," he said. "There is a sense of betrayal on their part. Their view is: You asked us to condemn someone to death, and we didn't have all the facts."

Forrest knows that if Davis' execution is carried out, it will be done in her name.

Since the trial, she has wrestled with her faith and the moral correctness of the death penalty. She is troubled by the case even more now that she has read the new testimony.

Forrest was 35 and working as a chemist when she was called for jury duty. She said few of the witnesses seemed like upstanding citizens, and she questioned their credibility.

"They were not people who were believable," Forrest said in a telephone interview from her office in Chicago, where she relocated in 1999.

The jury of seven blacks and five whites deliberated for one hour and 57 minutes before returning a verdict.

In the somber jury room, Forrest said her fellow jurors debated the testimony of Harriet Murray, who testified that she saw Davis with a "smirky-like smile" on his face when he shot MacPhail. The jury found her story compelling but discussed whether she could have really seen what was happening from a distance and in the darkness of night, Forrest recalled.

After the trial, in a 2002 affidavit, Murray was more ambiguous about who she saw that night. She no longer named Davis as the killer. Murray has since died.

Other jurors, Forrest said, talked about Davis' demeanor. She always thought he had a look of resignation.

There was a conversation about possible innocence. Is there any doubt about Davis' guilt based on what we heard? the jurors asked themselves.

Then they wrote down their verdicts. It was unanimous.

"I was under oath to vote according to the evidence we heard," she said. "I was compelled to agree [he was guilty] at the time.'

But the trial troubled Forrest. She never spoke about it with anyone, not even with the man she later married.

She got on with her new life, far from Savannah, far from the prison at Jackson, where Davis has been on death row for 16 years.

"What I did was put it out of my mind," she said.

After reviewing the new defense documents, she was eager to know what the clemency board would decide. "I was sitting on pins and needles to see if he got a stay," she said.

Now, like every other interested party in the case, Forrest has to wait longer.

If Davis winds up being executed, Forrest says she will have to live with herself. It will haunt her until her own death.



[PREV] [1] ..[89][90][91][92][93][94][95][96][97].. [115] [NEXT]
   Lawyer News Menu
All
Lawyer Blog News
Court Feed News
Business Law Info
Class Action News
Criminal Law Updates
Employment Law
U.S. Legal News
Legal Career News
Headline News
Law & Politics
Attorney Blogs
Lawyer News
Law Firm Press
Law Firm News
Attorneys News
Legal World News
2008 Metrolink Crash
   Lawyer News Video
   Recent Lawyer News Updates
Amazon workers strike at mul..
TikTok asks Supreme Court to..
Supreme Court rejects Wiscon..
US inflation ticked up last ..
Court seems reluctant to blo..
Harvey Weinstein hospitalize..
Romanian court orders a reco..
Illinois court orders pretri..
New Hampshire courts hear 2 ..
PA high court orders countie..
Tight US House races in Cali..
Election 2024 highlights: Re..
North Carolina Attorney Gene..
Republicans take Senate majo..
Au pair charged in double ho..
A man who threatened to kill..
Ford cuts 2024 earnings guid..
Kenya’s deputy president pl..
South Korean court acquits f..
Sean ‘Diddy’ Combs to stay..
   Lawyer & Law Firm Links
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Family Law in East Greenwich, RI
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Family Lawyer Rockville Maryland
Divorce lawyer rockville
familylawyersmd.com
© Lawyer News - Law Firm News & Press Releases. All rights reserved.

Attorney News- Find the latest lawyer and law firm news and information. We provide information that surround the activities and careers in the legal industry. We promote legal services, law firms, attorneys as well as news in the legal industry. Review tips and up to date legal news. With up to date legal articles leading the way as a top resource for attorneys and legal practitioners. | Affordable Law Firm Website Design