|
|
|
Fla. Ruling Big Tobacco Won Comes Back To Bite It
Headline Legal News |
2011/02/18 17:15
|
A Florida Supreme Court ruling that threw out a $145 billion award against cigarette makers is biting Big Tobacco back, making it dramatically easier for thousands of smokers to sue and turning the state into the nation's hot spot for damage awards. The 2006 ruling has helped generate more than $360 million in damage awards in only about two dozen cases. Thousands more cases are in the pipeline in Florida, which has far more smoking-related lawsuits pending than any other state. Though the justices tossed the $145 billion class-action damage award, they allowed about 8,000 individual members of that class to pursue their own lawsuits. And in a critical decision, they allowed those plaintiffs to use the original jury's findings from the class-action case. That means the plaintiffs don't have to prove that cigarette makers sold a defective and dangerous product, were negligent, hid the risks of smoking and that cigarettes cause illnesses such as lung cancer and heart disease. The plaintiffs must mainly show they were addicted to smoking and could not quit, and that their illness — or a smoker's death — was caused by cigarettes. Jurors have sided with smokers or their families in about two-thirds of the 34 cases tried since February 2009, when the first Florida lawsuit following the rules set by the Supreme Court decision went before a jury. Awards have ranged from $2 million or less to $80 million, though tobacco companies are appealing them all. |
|
|
|
|
|
Father of music group members pleads guilty
Legal Topics |
2011/02/18 17:15
|
His voice barely audible, the patriarch of the acclaimed 5 Browns classical music group said "guilty" to each charge of sexually abusing his three daughters when they were children. Thursday's admission in a Provo courtroom means that Keith Brown, 55, will go to prison for at least 10 years. None of the sisters were in court, but a statement issued to The Associated Press by group spokesman Kimball Thomson said they were satisfied with the plea agreement. "While clearly the current events surrounding the family are painful, the sisters were well prepared for this day, and are relieved and grateful to close this chapter in their lives," Kimball said. Brown's three daughters and two sons are part of the classical piano group The 5 Browns, whose albums have topped the classical music charts and who have appeared on "Oprah" and other shows. The group also has been profiled by "60 Minutes." Brown appeared in Fourth District Count with scratches and bruises on his face but with few other signs of the horrific crash three days earlier in which his Porsche plunged 300 feet into a canyon, also injuring his wife. |
|
|
|
|
|
Maine federal judge lets class action in care suit
Headline Legal News |
2011/02/03 17:52
|
A federal judge in Maine says 40 residents with cerebral palsy, epilepsy and other conditions can join a lawsuit seeking to force the state to provide opportunities for them to live outside nursing homes. On Monday, U.S. District Court Judge John Woodcock granted class-action status to a lawsuit filed by three men with cerebral palsy who want to live on their own but retain services provided by the Maine Department of Health and Human Services. In the lawsuit filed in December 2009, the three argued the state violated the Americans with Disabilities Act and the Nursing Home Reform Act because it failed to make it possible for them to live outside nursing homes. The Bangor Daily News says state officials couldn't be reached Wednesday because of the storm. |
|
|
|
|
|
Too big to stop? Obama's overhaul lumbers on
Legal Business |
2011/02/02 17:51
|
Most insurers, hospital executives and state officials expect they'll keep carrying out President Barack Obama's health care overhaul even after a federal judge cast its fate in doubt by declaring all of it unconstitutional. "It's still the law of the land," said William Hoagland, vice president for public policy at health insurer Cigna. "We'll continue to proceed with its requirements, and (the ruling) will not slow that down. We have no other choice until this thing is resolved one way or the other." Insurers spent millions to block passage of the law. Health care accounts for about one-sixth of the economy, and many players in the sprawling sector have a love-hate relationship with Obama's health care remake. There's dissatisfaction with key provisions, and a sense that parts may be unworkable. But at the same time, it's seen as a vehicle to start addressing problems of cost and quality that, left to fester, could trigger more drastic consequences. "I don't think people are going to hit the stop button," said Paul Keckley, executive director of the Deloitte Center for Health Solutions, a research arm of the consulting firm. "You probably don't make the big bets right now, but you make the incremental investments in case you have to make the big bets 6 or 12 or 18 months down the road. Everyone proceeds with an informed approach." Monday's ruling by U.S. District Judge Roger Vinson in Florida had been expected to go against the Obama administration. But the scope of the decision in a lawsuit by 26 of the 50 states took some by surprise. Vinson struck down the entire law after finding its requirement for nearly all Americans to carry health insurance unconstitutional. Another judge who reached the same conclusion in a separate case voided the individual insurance requirement and left everything else in place.
|
|
|
|
|
|
Trenton voids law firm contract for contributions
Headline Legal News |
2011/02/01 17:52
|
Trenton's city attorney has found pay-to-play problems with a $50,000 contract that the city recently awarded to an Atlantic City law firm with ties to Mayor Tony Mack. Acting Law Director Marc McKithen voided the contract because he says Cooper Levenson gave money to a political action committee that supported Mack. The Times of Trenton reported the firm gave $7,200 to the Partners for Progress PAC in June, three days before the PAC gave $7,200 to Mack's election fund. Under the city's campaign finance laws, anyone who receives a city contract cannot give more than $500 to local PACs up to one year before they begin bidding. Cooper Levenson says it didn't break the law but asked for the return of the contribution out of caution.
|
|
|
|
|
|
Court says convicted lawyer unfit to practice law
Areas of Focus |
2011/01/26 17:18
|
The New Hampshire Supreme Court is making it clear that not everyone who passes the bar exam gets to practice law. The court has denied the appeal of a would-be lawyer who was shot down by its Committee on Character and Fitness. The applicant - identified in the ruling by the initials G.W. - admitted it was a "bad joke" to pretend to be an armed robber at a North Conway convenience store on April Fool's Day 1993. He's also been convicted of drunk driving, violating a restraining order and criminal threatening and he has more than $130,000 in delinquent student loans. When asked for positive traits, G.W. said it was an amazing accomplishment that he passed the bar exam in 2008 after 20 years and seven unsuccessful attempts. |
|
|
|
|
|
Mo. court sides with immigrant in adoption appeal
Headline Legal News |
2011/01/26 17:16
|
The Missouri Supreme Court ruled Tuesday that state adoption laws were not followed in terminating the parental rights of a Guatemalan woman who was caught up in a 2007 immigration raid and allowing her son to be adopted by an American couple. But the decision doesn't automatically return the now 4-year-old child to his birth mother, Encarnacion Bail Romero. The court instead ordered the completion of mandatory reports about Romero, the adoptive parents and the boy, and a new trial regarding Romero's parental rights. Judge Patricia Breckenridge, who wrote the majority opinion for the seven-member court, said another hearing would be required because the evidence in the case suggested abandonment. In a footnote, Breckenridge expressed concern about how the case played out, and three other judges indicated they would have reversed the adoption. "Every member of this court agrees that this case is a travesty in its egregious procedural errors, its long duration and its impact on mother, adoptive parents and, most importantly, child," Breckenridge wrote. Romero was arrested during an immigration sweep at a poultry plant, and sentenced to two years in a federal prison after pleading guilty to aggravated identity theft. Since leaving prison last year, she has been seeking to regain custody of her son, Carlos, who has lived with Seth and Melinda Moser, of Carthage, since he was about 1 year old. Another couple who had been helping Romero's family care for Carlos after his mother's arrest had contacted the Mosers about adopting him. The boy was born in the U.S. and is a U.S. citizen. Romero was not immediately deported after serving her sentence so she could challenge the adoption, according to her attorneys. |
|
|
|
|
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media. |
|
|