Court Appoints Lawyer for Bernard Kilpatrick
Headline Legal News | 2010/11/03 06:24

It's the ongoing public corruption investigation that's led to charges against numerous city officials, including former Detroit Mayor Kwame Kilpatrick. It now appears his father could soon be at federal court, as well.

"The case looks like it's at a point where decisions have to be made both by the prosecutors and by Mr. Kilpatrick," said Peter Henning, a former federal prosecutor.

This time that Mr. Kilpatrick is Bernard Kilpatrick, the father of the disgraced former mayor.

Kwame Kilpatrick is already facing charges related to raiding the Kilpatrick Civic Fund, but now his father has asked for a federal defender - a sure sign he's in trouble, too.

"A target letter is often viewed as an invitation to someone to make contact with the government and explore the possibility of resolving the case," Henning said.

He said it's not clear what the charges would be against the elder Kilpatrick, who is long suspected of orchestrating pay-to-play deals involving city contracts. However, whatever money he might have made appears to be gone. Bernard Kilpatrick had to sign an affidavit of indigency to qualify for a court appointed attorney.



BP expected to pay Florida $20M for seafood inspections
Headline Legal News | 2010/10/25 20:43

Florida Agriculture Commissioner Charles Bronson says BP will pay his department $10 million to strengthen its inspection operations to ensure that seafood taken from Gulf of Mexico waters is safe to eat.

Bronson said Monday another $10 million from BP will be used for advertising to help restore public confidence in the safety of Gulf seafood. BP will pay the $20 million over a three year period.

The agreement with the British-based oil giant also provides for a three-year extension if state or federal waters bordering on Florida are closed because of lingering contaminants from the April well explosion that sent millions of gallons of crude into the Gulf until it was capped four months later.



Court won't speed challenge to MN disclosure law
Headline Legal News | 2010/10/04 16:29

A federal appeals court has declined to fast-track a challenge against a Minnesota law requiring disclosure of corporate political spending.

In an order Monday, the 8th Circuit Court of Appeals denied a motion to expedite the case, and it scheduled oral arguments for Jan. 11 in St. Louis, well after the election.

Minnesota Citizens Concerned for Life, the Taxpayers League of Minnesota and a travel company are trying to overturn the law on free-speech grounds.

U.S. District Judge Donovan Frank last month refused to block the state law.

The groups have also asked the 8th Circuit for an injunction to suspend enforcement of the disclosure law while their appeal is considered. The appeals court took that request under advisement.



Court affirms overturning Fla. gay adoption ban
Headline Legal News | 2010/09/22 18:27

Florida's strict ban on adoption by gay people is unconstitutional because no other group, even people with criminal backgrounds, are singled out for a flat prohibition by state law, an appeals court ruled Wednesday.

The ruling by the 3rd District Court of Appeal upholds a 2008 decision by a Miami-Dade County judge who found "no rational basis" for the ban when she approved the adoption of two young brothers by Martin Gill and his male partner. The prohibition was first enacted in 1977 and is the only law of its kind in the nation, according to court records.

In a 28-page opinion, a three-judge panel of the court noted that gay people are permitted to become foster parents or legal guardians in Florida, yet are the only group not allowed to adopt.

"It is difficult to see any rational basis in utilizing homosexual persons as foster parents or guardians on a temporary or permanent basis, while imposing a blanket prohibition on those same persons," wrote Judge Gerald Cope for the panel. "All other persons are eligible to be considered case-by-case to be adoptive parents."

The decision is likely to be appealed to the Florida Supreme Court, which could then determine the ultimate fate of the law. "We note that our ruling is unlikely to be the last word," the appeals panel said.

The ruling came in an appeal of the 2008 decision by the state Department of Children & Families, which had urged the judges to consider evidence of what it said were risk factors among potential gay parents. These factors, according to attorneys for the department, included more sexual activity by children of gay parents and more incidents of teasing and bullying suffered by children from gay households.



American Bar Association Honors Philadelphia Firms
Headline Legal News | 2010/09/22 18:26

The American Bar Association’s Death Penalty Representation Project will acknowledge Philadelphia law firms Reed Smith LLP and Drinker Biddle & Reath LLP’s role in ground-breaking, pro bono litigation of capital punishment appeals with an Exceptional Service Award on Wednesday, Sept.22, 2010 in Houston.  

“There is no greater responsibility for an attorney than to defend a person whose life is at risk,” said ABA President Stephen N. Zack. “These firms are courageous, passionate and skilled advocates who are deeply committed to core principles of justice like due process and fairness, despite the demands of these cases.  They represent the best of our profession and make us proud.”  

Drinker Biddle & Reath partner and death penalty expert Lawrence Fox will accept the award at the 24th Anniversary and Volunteer Recognition Event in Houston, TX.  Fox is a renowned contributor to systemic defense reform.  He is recognized for his amicus filings, which were cited by New York University law professor Anthony Amsterdam in his letter nominating the firm for the award; for standards-writing; and as an expert witness.

Reed Smith attorneys Christopher Walters and David Kochman will accept the award on behalf of their firm.  Reed Smith was nominated by the Southern Center for Human Rights and Equal Justice Initiative, which cited the firm’s leadership in four death row cases in Alabama in 2008.  Each of the four men were only weeks away from losing appeal rights due to lack of legal representation; and the death sentence in each case was imposed by a trial judge who overrode the jury’s decision to impose life without parole.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

This distribution list is a service to the news media from the American Bar Association Division for Media Relations and Communication Services.  Your e-mail address will only be used within the ABA and its entities.  We do not sell or rent e-mail addresses to anyone outside the ABA.  To change your e-mail listing or be removed from our distribution lists, please contact the Media Relations Department at 312/988-6171 or abanews@abanet.org.

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Man who tried to fake death pleads guilty to fraud
Headline Legal News | 2010/09/16 15:55

An Indiana money manager who once led a high-flying lifestyle pleaded guilty to five securities fraud counts on Wednesday, nearly two years after he tried to fake his death in a Florida plane crash to escape the crush of financial and personal problems.

Marcus Schrenker, 39, admitted the charges in a plea agreement under which he agreed to a 10-year prison sentence and prosecutors dropped four other charges. He also agreed to pay more than $600,000 in restitution. Prosecutors say he bilked friends, family members and other investors of more than $1 million.

He will remain in jail until his Oct. 7 sentencing, when Hamilton Superior Court Judge Steven Nation is expected to rule whether Schrenker serves the sentence at the same time as a federal sentence or afterward.

Schrenker, shackled at his wrists and ankles and wearing an orange jail T-shirt emblazoned with "Inmate 453" on its back in large black letters, told Nation he has been diagnosed with bipolar disorder and has taken medication for it since 1992.



Court lets part of organic-milk case proceed
Headline Legal News | 2010/09/16 10:54

A federal appeals court says a group of dairy consumers can proceed with parts of a lawsuit alleging that several national retailers and an organic dairy company falsely labeled the dairy's milk.

Aurora Organic Dairy, based in Boulder, Colo., is the nation's largest provider of store-brand organic milk.

Customers sued Aurora and retailers including Wal-Mart Stores Inc., Wild Oats Markets Inc., Target Corp. and Costco Wholesale Corp., claiming Aurora's milk was misleadingly labeled. The appeals court blocked their claims that Aurora is not an organic dairy because the certification remains in effect.

But ruling requires the trial court to hear claims that the milk isn't produced in the kinds of farms the labels describe.



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