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Miss. court sets deadline in damage caps case
Lawyer Blog News | 2011/02/16 20:12

The Mississippi Supreme Court has asked parties in a federal lawsuit to file briefs by Feb. 28 on whether a state law that limits non-economic damages in civil cases is constitutional.

The issue was raised by the 5th U.S. Circuit Court of Appeals in New Orleans in January. The 5th Circuit asked the Supreme Court about the constitutionality of the law before it rules in a case involving a traffic accident.

The law on non-economic caps puts a $1 million limit on what juries can award someone for such things as pain and suffering. The limits on damages were adopted by Mississippi lawmakers after years of contentious wrangling over tort reform.



Suit says BP official resigned over safety issues
Lawyer Blog News | 2011/02/15 18:06
A former official with BP's drilling operations in the Gulf of Mexico resigned just months before last year's oil spill because of disagreements with the oil giant over its commitment to safety, according to a class-action federal lawsuit related to the spill.

Documents filed Monday night in Houston claim Kevin Lacy, BP's former senior vice president for drilling operations for the Gulf of Mexico, reached a mutual agreement with the company to resign in December 2009 because he believed the company was not adequately committed to improving safety protocols in offshore drilling operations to the level of its industry peers. The Deepwater Horizon rig explosion occurred on April 20, 2010, killing 11 workers and causing the worst oil spill in U.S. history.

The claims come in an amended version of the lawsuit, originally filed last year, that alleges BP inflated its stock price by hiding information and making false and misleading statements about its safety practices before the Gulf of Mexico oil spill. BP's stock value dropped roughly in half following the oil rig explosion and spill.



Voters to narrow Supreme Court candidate field
Lawyer Blog News | 2011/02/14 12:56

Wisconsin has focused on the Green Bay Packers and Gov. Scott Walker for the last month, but another fight with perhaps just as much impact on the state is about to take center stage -- the state Supreme Court primary.

Justice David Prosser faces three challengers. Voters on Tuesday will choose two survivors who will face off in April's general election. The winner gets a 10-year term on the court.

The primary has played out in the background as the Packers charged to a Super Bowl title and Walker proposed doing away with state workers' unions. But the general election could ultimately tilt the ideological balance of the court for years to come.

State election officials expect about 10 percent of the state's voters will venture to the polls Tuesday.



Judge affirms $7.3M verdict against law firm
Lawyer Blog News | 2011/02/11 10:48

A Maine judge has upheld a jury verdict that awarded $7.3 million in damages for emotional distress to a businessman who contended he was double-crossed by a law firm he hired.

A Cumberland County jury last summer said the Portland law firm of Bernstein, Shur, Sawyer and Nelson worked against Peter Redman's interests in a dispute with his brother over control of the now-defunct Northern Mattress and Furniture Co. In a 37-page ruling, Superior Court Justice Thomas Humphrey denied the law firm's motion seeking a new trial.

Redman, of Old Orchard Beach, was banned from the family business' headquarters over a sexual harassment claim he contended was orchestrated by his brother to wrest control of the business. Redman said the firm failed to defend him against the accusations.



Feds: Young Muslims revered NC terrorism leader
Lawyer Blog News | 2011/02/10 14:08

Daniel Patrick Boyd developed a following in his local Muslim community as believers learned about his time waging war against the Soviets in Afghanistan, and he used that stature to tell young followers about the need for violent jihad, prosecutors said Wednesday.

Boyd has now acknowledged his involvement in supporting and plotting terrorism, pleading guilty in federal court to a pair of charges as prosecutors laid out new details of his activities. The plea provided the government with a crucial conviction against what they have described as a ringleader who guided a Raleigh-area group that sought to wage war against nonbelievers.

Prosecutors said the case illustrated the growing concern of homegrown terrorism.

"The radicalization of Muslims here in our country is a very serious threat," U.S. attorney George Holding said.

More than a half-dozen others have been charged in the case, and most of them were younger than 25 when they were indicted in July 2009, including two of Boyd's sons — Zakariya and Dylan. A trial is scheduled for September. Prosecutors said Boyd is cooperating in the case.

With his once-flowing beard shaven clean and hair slicked back, Boyd tearfully answered a judge's yes-or-no questions before finalizing his guilty plea. He smiled at a few family members in the audience. They declined to comment after the hearing, though his wife has said in the past that he was not involved in terrorism.



Man expected to plead guilty in Iowa asbestos case
Lawyer Blog News | 2011/02/09 10:54

Court records say the supervisor of a renovation project in Des Moines' Equitable Building has agreed to plead guilty to asbestos-removal charges.

The Des Moines Register says Russell Coco's lawyer confirmed Tuesday that Coco will plead guilty to violating the Clean Air Act and conspiracy to impede and impair EPA asbestos-removal procedures.

Coco and his boss, developer Bob Knapp, are accused of illegally removing asbestos from 2005 to 2008.

The indictment says asbestos from the building was put in open bins, then dumped in a landfill. Asbestos can cause lung illnesses and cancer. Coco and Knapp were scheduled to begin trial on Feb. 28.



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