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Ore. trial court to reconsider $100M tobacco case
Legal Career News | 2010/06/28 15:35

The Oregon Supreme Court has ruled that Philip Morris does not have to pay $100 million in punitive damages to the family of a smoker who sued the tobacco giant over its low-tar cigarettes.

The case, however, is going to another jury to decide just how much the death of Michelle Schwarz from lung cancer in 1999 will cost Philip Morris — and legal experts say it could easily be another big award.

A Multnomah County jury in Portland originally awarded the Schwarz family $150 million in March 2002 before the trial judge reduced it to $100 million.

On Thursday, the Oregon Supreme Court vacated the $100 million award and sent the case back to the trial court to reconsider the punitive damages after ruling the judge failed to properly instruct the jury.

The court said the judge should have told the jury it could not punish Philip Morris directly for harm caused to others besides Schwarz.

But the court also supported the trial judge, who had rejected jury instructions the tobacco company had requested.



Immigration vote stirs emotions in Neb. town
Legal Career News | 2010/06/25 08:18

While busy running a general store that caters to the growing number of Latinos in this Nebraska meatpacking town, Alfredo Velez had new concerns Tuesday after his neighbors voted for an ordinance to crack down on illegal immigrants.

To Velez, the vote a day earlier in Fremont to ban hiring or renting property to illegal immigrants sent a clear message: "We're not welcome here," said Velez, a native of Mexico who became a U.S. citizen in 1985.

As a business owner, though, he worried about his store, Guerrero, which sells food and other products from Mexico and Central America.

"How much more in taxes am I going to have to pay for this thing to go to court?" wondered Velez, 56. "We're all going to have to pay for it, no matter what color our skin is."

With roughly 57 percent of voters supporting the ordinance, Fremont joins Arizona and a few other cities in the national debate over immigration regulations. The community about 35 miles northwest of Omaha has seen its Hispanic population surge in the past two decades, largely due to the jobs available at the nearby Fremont Beef and Hormel plants.

Supporters argued the measure was necessary to make up for what they see as lax federal law enforcement. Trevor McClurg said the measure is fair because it's aimed at people who aren't legally in the U.S.



Utah Supreme Court: Online petition signatures OK
Legal Career News | 2010/06/23 16:56

The Utah Supreme Court says state election officials must accept online petition signatures that are turned in to get individuals on the ballot.

The justices announced the unanimous decision Tuesday as voters went to the polls for primary elections.

The issue was raised by an independent candidate for governor. Farley Anderson's paperwork included more than 150 e-signatures and was rejected by the lieutenant governor's office.

Utah law acknowledges that electronic signatures are valid substitutes for handwritten ones, but the state attorney general's office argued that e-signatures could not be counted because election law only contemplates a paper-based system.

Farley's attorney argued that the state denied Farley his constitutional right to ballot access.



Summary of actions by the Supreme Court on Monday
Legal Career News | 2010/06/22 09:55

The Supreme Court on Monday:

_Upheld a federal law that bars "material support" to foreign terrorist organizations, rejecting a free speech challenge from humanitarian aid groups. The court ruled 6-3 that the government may prohibit all forms of aid to designated terrorist groups, even if the support consists of training and advice about entirely peaceful and legal activities.

_Decided to allow a new trial for a woman who got breast cancer after taking hormone replacement therapy and is seeking punitive damages against Wyeth Pharmaceuticals. The justices rejected Wyeth's attempt to block the trial because it is to be limited to punitive damages. Wyeth is a subsidiary of Pfizer Inc., the world's largest drug company.

_Ruled that a federal judge went too far when he banned the planting of genetically engineered alfalfa seeds after claims that the plants might harm the environment. The court, on a 7-1 vote, reversed a federal appeals court ruling that had prohibited Monsanto Co. from selling alfalfa seeds because they are resistant to the popular weed killer Roundup.

_Made it harder for people to challenge arbitration agreements in court. The court, in a 5-4 vote, decided that arbitrators are the only ones who can decide if an arbitration agreement as a whole is "unconscionable" if the contract explicitly delegates that issue to the arbitrator and a person fails to challenge that specific clause.

_Announced that it will decide whether Virginia's advocate for the mentally ill can force state



High court to review mental health advocacy suit
Legal Career News | 2010/06/21 15:51

The Supreme Court says it will decide whether Virginia's advocate for the mentally ill can force state officials to provide records relating to deaths and injuries at state mental health facilities.

The justices agreed Monday to review a federal appeals court ruling dismissing the state advocate's lawsuit against Virginia's mental health commissioner and two other officials.

Backing the appeal, the Obama administration said the ruling by the 4th U.S. Circuit Court of Appeals in Richmond "threatens to undermine the enforcement of federal laws that Congress designed to protect especially vulnerable individuals from the abusive and neglectful practices that can result in injury and death."

The Virginia advocate's office, like those in the other 49 states, was created under two federal laws that give states federal money for monitoring the treatment of the mentally ill in state facilities. The first law grew out of public reports in the 1970s of crowded, filthy conditions and abusive treatment of mentally retarded children at the Willowbrook State School in New York.

The issue for the court is whether the Eleventh Amendment prohibits a state agency from going to federal court to sue officials of the same state. The state itself could not be sued in the same circumstances.



Ex-NYC crane inspector gets 2-6 years for bribery
Legal Career News | 2010/06/17 15:22

The city's former chief crane inspector apologized at his sentencing Wednesday for taking bribes to fake inspection and licensing exam results and said other inspectors didn't deserve the notoriety he brought them.

James Delayo was sentenced in Manhattan state Supreme Court to two to six years in prison for taking more than $10,000 in payoffs.

"I'd like to apologize to the city in general for letting them down ... and to my family especially and the Buildings Department who do a difficult job and don't get recognition," Delayo said.

Looking gaunt and often coughing, the 61-year-old Delayo commended other inspectors for the difficult and important work they do, saying, "They don't deserve the bad publicity I brought them."

The charges against Delayo — filed in 2008 — stemmed from a crackdown on corruption in the construction industry that began after two deadly crane collapses that killed nine people.

Justice Thomas Farber said imposing the sentence was difficult because of Delayo's work supervising the crane operations at ground zero after the Sept. 11 terrorist attacks.



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