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Smoker's widow seeks $79.5M award at high court
Lawyer Blog News | 2008/12/03 09:22
A cigarette maker and a smoker's widow squared off at the Supreme Court on Wednesday for the third time over a $79.5 million punitive damages award, but the real battle was between the justices and their counterparts on Oregon's high court.

Twice before, the Supreme Court has struck down the judgment against Altria Group Inc.'s Philip Morris USA and ordered the Oregon court to take another look at the case. Each time, the Oregon high court has upheld the award to Mayola Williams, the widow of a longtime smoker of Philip Morris' Marlboro brand.

In its latest appeal, Philip Morris contended the Oregon judges were essentially thumbing their noses at the Supreme Court. "We're here today because the Oregon court failed to follow this court's decision," Philip Morris' lawyer, Stephen Shapiro, told the justices.

Justice Stephen Breyer, who sided with Philip Morris in its last round, was more skeptical of the cigarette maker's arguments Wednesday.

At first, Breyer said, "I thought this was a runaround. I'm not sure I think that now."

At the same time, however, the justices worried that state courts could ignore Supreme Court rulings on constitutional issues.

"How do we guard against making constitutional decisions which are simply going to be nullified by some clever device?" Justice David Souter asked.

Robert Peck, Williams' lawyer, tried to allay the concern. "There was no sandbagging here," Peck said. "The Oregon Supreme Court did not act in bad faith."



Junk-bond king among those seeking Bush pardon
Lawyer Blog News | 2008/11/29 17:18
Some high-profile convicts past and present are among more than 2,000 people asking President George W. Bush to pardon them or commute their prison sentences before he leaves office.

Junk-bond king Michael Milken, media mogul Conrad Black and American-born Taliban soldier John Walker Lindh have applied to the Justice Department seeking official forgiveness.

But with Bush's term ending Jan. 20, some lawyers are lobbying the White House directly to pardon their clients. That raises the possibility that the president could excuse scores of people, including some who have not been charged, to protect them from future accusations, such as former Attorney General Alberto Gonzales or star baseball pitcher Roger Clemens.

Those who have worked with Bush predict that will not happen. The White House has declined to comment on upcoming pardons.

"I would expect the president's conservative approach to executive pardons to continue through the remainder of his term," said Helgi C. Walker, a former Bush associate White House counsel.



Appeals court lets Vatican sex-abuse case proceed
Lawyer Blog News | 2008/11/25 17:11
A lawsuit can continue against the Vatican alleging that top church officials should have warned the public or authorities of known or suspected sexual abuse of children by priests in the Archdiocese of Louisville, a federal appeals court ruled Monday.

The 6th U.S. Circuit Court of Appeals gave the go-ahead for the lawsuit filed by three men who claim priests abused them as children. They allege the Vatican orchestrated a decades-long coverup of priests sexually abusing children throughout the U.S.

Louisville attorney William McMurry is seeking class-action status, saying there are thousands of victims nationally in the scandal that haunts the Roman Catholic Church. He is seeking unspecified damages from the Vatican.

"This is an enormously huge moment," McMurry said. "We're finally going to get to the root of the problem."

Jeffrey Lena, a Berkeley, Calif.-based attorney for the Vatican, said the appeals court's decision narrows the plaintiffs' case because the court upheld dismissing several issues.

"It's gratifying to see the hard work the judges put into the opinion," Lena said.

Lena declined to say if he would appeal the decision. McMurry said he expects the case to wind up before the U.S. Supreme Court.

Several lawsuits around the country have sought damages against the Vatican, but many have been bounced around in lower courts. Attorneys for both sides say the Louisville case is unique.



Bush says Citigroup deal needed to protect system
Lawyer Blog News | 2008/11/24 16:18
President Bush argued Monday that the government's dramatic rescue of Citigroup was necessary to "safeguard the financial system" and help the economy recover, and he said there could be more such moves if other institutions need help.

Bush said he approved the action, recommended by Treasury Secretary Henry Paulson, while flying back to Washington on Sunday evening from meetings in Peru with Pacific Rim leaders. He said he also spoke with President-elect Barack Obama on Sunday night, part of what he has promised will be "close cooperation" between his administration and the Obama camp until the transfer of power on Jan. 20.

Referring to the Citigroup rescue, Bush said: "We have made these kind of decisions in the past. We made one last night. And if need be we will make these kind of decisions to safeguard our financial system in the future."

Bush, who spoke after meeting with Paulson and other Cabinet members at the Treasury Department, said they all realize that Americans are concerned for their jobs and savings.

"We will safeguard the financial system as the first step necessary for economic recovery," the president said. "This is a tough situation. But we will recover from it."

Also while at Treasury, just across a sidewalk from the White House, Bush joined a meeting of top administration officials who are working on greater economic cooperation with China. Bush met on Friday in Peru with Chinese President Hu Jintao for talks focused in part on the global economic turmoil.



Court could give Obama early test on detentions
Lawyer Blog News | 2008/11/22 16:13
The Supreme Court could hand President-elect Barack Obama a delicate problem in the coming days: What to do with a suspected al-Qaida sleeper agent who is the only person detained in this country as an enemy combatant?

Ali al-Marri has been held in virtual isolation in a Navy brig near Charleston, S.C., for nearly 5 1/2 years. He is challenging President George W. Bush's authority to subject a legal resident of the United States to indefinite military detention without being charged or tried.

The justices are expected to consider al-Marri's case when they meet in private on Tuesday. If they agree to hear arguments, over the Bush administration's opposition, they could say so the same day.

Bush's legal team has claimed authority for such detentions and has argued aggressively for it in court papers.

But the case would not be scheduled for argument until sometime in the late winter or early spring, during Obama's first months in office.

Al-Marri's fate will wind up in Obama's hands in any event, but a decision by the court to hear his challenge would force the new president to confront the issue quickly.

In the event the dispute makes it as far as a court hearing, the new administration's lawyers would have to argue the same basic position urged by Bush's team, despite Obama's repeated criticism during the presidential campaign that Bush was too aggressive in asserting executive authority.



Former Congress aide pleads guilty to hiding gifts
Lawyer Blog News | 2008/11/21 16:17
 A former legislative aide to two Missouri Republicans, Sen. Kit Bond and Rep. Roy Blunt, pleaded guilty Thursday to hiding thousands of dollars of gifts from lobbyists, the latest political figure to go down in the Jack Abramoff corruption scandal.

Trevor L. Blackann, 34, pleaded guilty in federal court to not reporting more than $4,100 in illegal gifts from lobbyists on his 2003 tax forms, including tickets to the World Series, concerts and sporting events, free airfare and transportation, free meals and gifts and entertainment at a "gentleman's club."

The guilty plea came in U.S. District Court before Judge Richard W. Roberts.

In court documents, Blackann said two unnamed lobbyists worked directly with Abramoff, who has been sent to prison for corrupting Capitol Hill lawmakers with expensive meals, golf junkets, luxury sports tickets and other gifts. These lobbyists gave him the World Series tickets, among other items.

Abramoff is now helping prosecutors go after other people he bribed. With his help, the Justice Department has won convictions against former Rep. Bob Ney, R-Ohio, former Deputy Interior Secretary J. Steven Griles and several top Capitol Hill aides.

Blackann said he pushed for a political appointment at the Bureau of Indian Affairs, as well as "official action beneficial" to Equipment Rental Co., a construction rental company. Blackann worked for Blunt from 1998 to 2001 and for Bond from 2001 to 2005.

Blackann said in court documents he knew "the lobbyists gave these things of value for or because of official actions they were seeking from him or had obtained from him."



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