Court Ruling Gives New Life to Thousands of Asbestos Suits

May 29, 2008

A Florida appeals court breathed new life into thousands of pending asbestos-related lawsuits Wednesday by invalidating retroactivity in a state law designed to limit the number of people eligible to sue. Plaintiffs attorneys hailed the ruling as a victory for thousands of people still awaiting their day in court, while an industry lawyer expressed disappointment and said an appeal to the Florida Supreme Court is likely.

Court Rejects Lawyer’s Request for Fee Above Cap

May 29, 2008

An attorney's failure to provide a clear definition of extended or complex litigation purportedly justifying fees above a cap for court-appointed attorneys has led a New York federal judge to lop more than $2,000 off his proposed fee. In addition to questioning the complexity of the case, Judge Shirley Wohl Kram said the attorney gave insufficient detail on part of one billable hour, deserved less than requested for sentencing briefs and made some requests that were illegible.

When Out-of-Box Means Out-of-Luck

May 29, 2008

Don't grow so enamored of your favored e-discovery solution that you lose sight of its utter impracticality, says EDD Special Master Craig Ball. Stay on the right track with low-cost, out-of-the-box approaches that preserve metadata but don't requre technical expertise.

InBev GC: Six Simple Rules for Winning My Business

May 29, 2008

Sabine Chalmers, the chief legal officer for InBev, the world's largest brewing company in terms of volume, has published a list on how to get and keep her business. And since billing is the area with "the greatest potential for conflict," she gave six rules for firms to follow.

Headed for Public Interest Careers, NYU Grads Are Free of Tuition Debt

May 29, 2008

Thanks to the resuscitation of a venerable financial aid program at New York University School of Law, 16 graduates filed out of the commencement ceremony with mortarboard tassels shifted, sheepskins in hand, jobs awaiting and the comfort of zero tuition, which retails for about $120,000. For the first time in more than two decades, the Root-Tilden-Kern Scholarship Program has been able to give a full three-year ride for select NYU Law students committed to public service careers.

Attorneys Slam ‘Bailout Plan’ for Businesses

May 29, 2008

This month Congress came to the rescue of businesses being sued under the Fair and Accurate Credit Transactions Act of 2003 for printing credit card expiration dates on receipts. An attorney who's filed a dozen FACTA suits calls Congress' unanimously passed retroactive bill "an act of amnesty" that is "extremely rare and inherently unfair."

Recruiter Loses Bid to Collect Merger Fee From Blank Rome

May 29, 2008

A Manhattan judge has rejected a legal recruiter's attempt to collect a merger fee from Blank Rome, which rejected the recruiter's proposed combination with a small New York firm but later completed the deal with the help of a different search firm. The e-mail exchange between Mark Bruce International and Blank Rome did not constitute an enforceable contract because the parties had not agreed on the terms of a fee, Supreme Court Justice Herman Cahn ruled.

Blackwater’s Suit Against Wiley Rein Dismissed

May 29, 2008

D.C. Superior Court Judge Judith Retchin on Tuesday threw out the $30 million legal malpractice suit brought by Blackwater Security Consulting against Wiley Rein and a former partner, saying that Blackwater's complaint "couches several legal conclusions as factual allegations."

Tenn. man on death row despite high court ruling

May 29, 2008

Multiple sclerosis has Paul House in a wheelchair. A tenacious prosecutor has him on death row, deemed too dangerous to be released two years after the U.S. Supreme Court said he likely isn’t guilty.That closely watched ruling, which made it easier for inmates to get new hearings on DNA evidence that emerges after their trials, and the fallout from it have left House in limbo while a prosecutor methodically battles every effort from the courts to have him retried.

Federal judges have done as the high court ordered: They reviewed his murder case and concluded new evidence raises reasonable doubt about his guilt. Not allowed to overturn the conviction, they took the extraordinary step of giving Tennessee a six-month deadline to bring House to trial or release him.

And still House, 46, is locked up in a Nashville prison.

An appeals court ruled in his favor this month, but that ruling also reset the 180-day countdown at zero.

U.S. District Judge Harry S. Mattice Jr. has scheduled a hearing for Wednesday to consider terms and conditions of House’s release, but prosecutors are taking their time in setting a date for a new trial.

“The Supreme Court has said, ‘You just got the wrong person.’ You would think … that there would be some respect for that situation,” said U.S. Circuit Judge Gilbert S. Merritt, who has heard portions of House’s case and believes he isn’t guilty of murder.

District Attorney Paul Phillips said he plans to retry House with old evidence from the first trial and some new evidence he wouldn’t describe. He promises he has “proof beyond a reasonable doubt that Mr. House is guilty or we would not be re-prosecuting him.”

For House’s mother, it’s hard not to think the state is delaying on purpose.

“What I really think, and I’m not the only one, is they just want him to linger in there until he dies. Then it will all go away, they think,” Joyce House said recently at her white ranch-style home in Crossville, a town of about 10,000 some 100 miles east of Nashville.

Phillips denied prosecutors are intentionally putting off the case and noted the inmate’s doctor testified House could live for decades with his illness.

“They just don’t want to admit they made a mistake,” Joyce House said. “They’re not the only state that’s ever made a mistake.”

PLACEHOLDER — inseminate

May 28, 2008

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