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Crandall Canyon payouts moving through Utah courts
Lawyer Blog News | 2009/08/27 16:28
Judges have begun approving payouts from a multimillion-dollar settlement stemming from the collapse two years ago of a Utah mine that entombed six miners and led to three rescuers' deaths.

Recently released court records show the claims also cover a miner who narrowly avoided a crushing death only to commit suicide months later. The money will support two children of Brian Keith Pritt, who was haunted by survivor's guilt and shot himself in the head, according to a family lawyer.

"He lost many of his close friends," Fred Silvester said Wednesday.

While judges have signed off on trust funds for children of miners and rescuers who died in the disaster at Crandall Canyon, many details remain confidential. Only the payouts for children under 18 require a judge's approval.

The settlement, announced May 12, was characterized as the largest in Utah mining history. Case files at 3rd District Court in Salt Lake City are packed with sealed envelopes holding confidential payout terms approved Aug. 13. Other settlements for minor children are pending in 7th District Court in Price, near Crandall Canyon.

The lawsuits were filed against Pepper Pike, Ohio-based Murray Energy Corp. and three of its subsidiaries or affiliates; engineering consultants Agapito Associates Inc. of Grand Junction, Colo.; mine co-owner Intermountain Power Agency and its partner in a coal-fired Utah power station, the Los Angeles Department of Water and Power.



Fla. gay adoption ban goes to appeals court
Lawyer Blog News | 2009/08/26 18:09
A Florida appeals court is being urged to affirm a judge's ruling that the state's strict ban on adoptions by gay people is unconstitutional.

Attorneys for parent Martin Gill and his two children argued Wednesday in Miami that there's no rational basis to exclude gay people. Gill and his partner have adopted two young brothers.

State lawyers contend the Legislature should make such decisions. They claim the judge wrongly legislated from the bench in striking down the law last year.

The American Civil Liberties Union, which is representing Gill, calls Florida's gay adoption ban the broadest such law in the nation.

It will likely be months before the appeals court issues a ruling, which could then be appealed to the Florida Supreme Court.



Appeals court to hear sports betting arguments
Lawyer Blog News | 2009/08/24 16:17
A federal appeals court in Philadelphia will decide whether sports betting in Delaware should be put on hold until a legal challenge by professional sports leagues and the NCAA is decided.

The court will hear arguments Monday over a judge's denial of an injunction that would have stopped betting from beginning next month.

Attorneys for Delaware say the leagues have not met the requirements for an injunction. A trial on whether the betting would violate federal law or the state constitution is to begin in December.

Delaware is exempt from a federal ban on sports betting because it ran a sports lottery in 1976. But the leagues argue that the exemption doesn't allow Delaware to offer bets on single games or on sports other than professional football.



BofA's Countrywide loses court ruling on mortgages
Lawyer Blog News | 2009/08/24 14:19

A federal judge has ruled that Bank of America Corp cannot have a lawsuit by investors seeking to force it to buy back mortgages heard in federal court, saying he lacks jurisdiction to decide the case.


Tuesday's ruling by Judge Richard Holwell of the U.S. District Court in Manhattan means the case will move to state court. Holwell did not decide the merits of the case.

"Congress passed two statutes within a year of each other to address the mortgage crisis," the judge wrote. "In neither of these statutes did Congress federalize the case."

The ruling is a win for investors, to the extent that Holwell rejected a claim by the bank's Countrywide Financial Corp unit that new federal laws to encourage loan modifications to help struggling borrowers stay in their homes govern this case.



Trial of Texas judge over death-row appeal ends
Lawyer Blog News | 2009/08/21 18:46
The misconduct trial of a Texas judge who refused to keep her court open for lawyers trying to stop an execution that night ended Thursday with her attorneys insisting she did nothing wrong.

Judge Sharon Keller, the presiding judge of the Texas Court of Criminal Appeals, watched from her defense table while her attorney denounced accusations that she closed her court to death-row inmate Michael Wayne Richard as meritless and outrageous.

"Judge Keller didn't close the court to anybody," said Chip Babcock, Keller's attorney. "Michael Richard's lawyers never knocked on the right doors and they gave up."

Mocked as "Sharon Killer" by her detractors, Keller could be removed from the bench if the five judicial misconduct charges against her are upheld. At the heart of the charges is whether Keller denied Richard the ability to file a late appeal in the hours before his Sept. 25, 2007 execution.

Babcock's closing presentation, at times theatrical, was delivered as forcefully as Keller's unrepentant testimony earlier in the trial. He ended by going after those he said helped put the career of the state's highest criminal appeals judge in jeopardy: death-penalty critics.



Court: Religious items OK in Conn. postal facility
Lawyer Blog News | 2009/08/21 17:48
An appeals court has reversed a federal judge's order that religious displays be removed from a Connecticut store that offers postal services.

In a decision released Thursday, the 2nd U.S. Circuit Court of Appeals says Sincerely Yours Inc. in Manchester is not a classified post office and doesn't need to be regulated like one.

The business is a contract postal unit operated by the Full Gospel Interdenominational Church.

The court says only the postal counter, boxes and shelving units must be cleared of religious material. The court says "a visual cue" should distinguish the postal facility from the ministry space.

In 2003, a customer sued the U.S. Postal Service and the local postmaster. The customer claimed the religious signs, prayer cards and church-related videos constituted a government endorsement of religion.



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