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Judge lets paper publish info on juicemaker probe
Lawyer Blog News | 2010/08/02 10:54

A judge has lifted an order that prevented a legal newspaper from publishing information found in court records that were supposed to have been shielded from public view.

The Internet blog of the National Law Journal said Friday that the judge freed the newspaper to publish the information, which concerned an investigation of juicemaker POM Wonderful by the Federal Trade Commission.

POM had fought to keep the investigating agency's name secret, but reversed course Friday and asked D.C. Superior Court Judge Judith Bartnoff to rescind her order. Bartnoff had ordered the records sealed, but they mistakenly remained available.

POM said in a statement that it never intended to provoke a First Amendment fight over the issue.

"POM is, and always has been, fervent supporters of and believers in the freedom of the press, and takes very seriously its commitment to transparency in all aspects of our business," the company said.

Its request to the judge came as news organizations filed legal papers in support of the law journal that said Bartnoff's order lacked "any conceivable justification" and should be reversed immediately.



Wash. high court lifts stay of execution for Brown
Lawyer Blog News | 2010/07/30 10:26

Washington state's Supreme Court has lifted the stay of execution for a death row inmate who claimed the state's method of lethal injection violated constitutional bans on cruel and unusual punishment.

The high court unanimously ruled Thursday that Cal Coburn Brown's claims are moot because the state Department of Corrections changed its method of execution earlier this year from a three-drug cocktail to a one-drug system.

The court issued a stay last year just hours before Brown was set to die for torturing and killing a Burien woman in 1991. The state can now reschedule the execution, but the earliest it could happen is September.



Top court rejects Canadian serial killer's appeal
Lawyer Blog News | 2010/07/30 09:24

Canada's top court is upholding six murder convictions of a pig farmer accused of butchering women and feeding them to pigs.

Canada's Supreme Court said Friday that Robert Pickton's right to a fair trial was not violated the first time around, and denied his request for a new trial.

Pickton was convicted of murdering six prostitutes in 2007 and sentenced to life in prison with no parole for at least 25 years.



BP spill cases head to court as Shell counts cost
Lawyer Blog News | 2010/07/29 10:37

The tide of lawsuits unleashed by BP's oil spill in the Gulf of Mexico breaks into an Idaho courtroom on Thursday, just as the company's rivals are counting the cost of a ban on offshore drilling.

Attorneys hoping to lead the legal fight against BP are set to descend on Boise, Idaho, to address a special judicial panel considering how to bring order to the hundreds of civil lawsuits spawned by the spill after a rig explosion on April 20.

"There will be more lawyers in that courtroom than exist in the entire city of Boise put together," Mark Lanier, a Houston-based lawyer who plans to attend the hearing, joked this week. "It's going to be a circus."

Seven U.S. federal judges will convene more than 2,000 miles from the Gulf's oil-smudged shores to consider which U.S. court, or courts, should oversee hundreds of spill-related suits by injured rig workers, fishermen, investors and property owners.

Potentially adding its name to the line of claimants, Royal Dutch Shell Plc idled seven rigs and took a $56 million charge related to the drilling ban on Thursday. Saying the ban would reduce its production by almost 3 million barrels this year, the company did not rule out reclaiming the cash from BP.

Shell, one of the biggest oil producers in the Gulf of Mexico, said it had idled rigs rather than move them elsewhere because the ban's six-month duration meant it was not profitable to redeploy them to other areas.



Mass. judge who wrote gay marriage ruling retiring
Lawyer Blog News | 2010/07/22 16:37

Massachusetts Chief Justice Margaret Marshall said Wednesday that while she understands her tenure on the state's high court will always be linked to the legalization of gay marriage, that case holds no greater importance in her mind than the hundreds of other rulings she authored.

"I'm proud of every decision," said Marshall, who surprised even her closest colleagues with the announcement that she planned to retire from the bench by the end of October to spend more time with her husband, former New York Times columnist Anthony Lewis, who has been diagnosed with Parkinson's disease.

The court's 4-3 ruling in the 2003 case called Goodrich v. Department of Public Health paved the way for Massachusetts to become the first U.S. state to allow same-sex couples to wed, igniting a fierce national debate over gay marriage that continues to this day.

"Whether and whom to marry, how to express sexual intimacy, and whether and how to establish a family — these are among the most basic of every individual's liberty and due process rights," Marshall wrote.

The chief justice recalled how a courtroom packed with hundreds of people quickly cleared out after the court heard arguments in the gay marriage case, leaving only a handful of people who were there for other matters.



Seton Hall ex-coach Gonzalez pleads not guilty
Lawyer Blog News | 2010/07/22 08:38
Former Seton Hall basketball coach Bobby Gonzalez pleaded not guilty Wednesday to shoplifting a satchel at an upscale shopping mall last month. Gonzalez spoke during the five-minute arraignment only to verify his address in Harrison, N.Y. His attorney, Anna Cominsky, entered the plea on his behalf. Neither commented after the proceeding.

Gonzalez is accused of taking a satchel worth about $1,400 from the Polo Ralph Lauren store in The Mall at Short Hills on June 29. Police said he removed the sensor device from the satchel and walked out of the store without paying for it.

According to a police report, the Polo store manager reported that the manager of a restaurant in the mall returned the satchel. The restaurant manager said someone had come into the eatery, left the satchel with the hostess and never returned.

Gonzalez faces criminal mischief and shoplifting charges; the shoplifting charge is punishable by up to five years in jail, according to the Essex County Prosecutor's Office. Gonzalez surrendered to police in Millburn on July 5 and has not had to post bail.



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