Debate over doctors and death protocols in NC
(Sentencing Law and Policy)... , the department says, guards against a violation of the constitutional law against cruel and unusual punishment. But the medical board contends that lawmakers, in requiring a doctor's presence, only meant that the doctor should certify that an inmate was ... Edward Thomas Brady challenged Todd Brosius, a lawyer for the medical board, on the legislature's intent in having a doctor present.... Brady and other justices also challenged state Assistant Attorney General Joseph Finarelli, who argued that ...
November 19, 2008 09:23 pm
Proposition 8 Litigation Generates a Mountain of Paper
(Leonard Link)... , and the Court also received a motion to intervene in the case from the Proponents of Prop 8, who argued that the Attorney General, who had opposed the passage of the measure and whose interpretation of its effect on existing same-sex ... of protection against the tyranny of the majority was essentially empty. Without taking sides on the merits of this argument, the Attorney General responded to the petitions on November 17 by agreeing with the petitioners that Prop 8 presented a significant ...
November 19, 2008 09:01 pm
Owner Pleas Guilty in Nursing Home Neglect Case
(Illinois Nursing Home Abuse Blog)... Forest Park LLC, in 2002. In September 2005, a Cook County grand jury indicated the company, along with its former medical director and wound-care physician. The woman lived at the home from May 2002 until her she died in September 2005. ... months conditional discharge; however the nursing home had been sold to another company the past year. The charges began after the Attorney General's Medicaid Fraud Bureau and the Illinois state Police Medicaid Fraud Control Unit conducted an investigation. The ...
November 19, 2008 08:58 pm
U.S. Drug Czar Posts Roadmap To Buying Dope In San Francisco
(27B Stroke 6)Vacationers traveling to San Francisco and hoping to score some weed have a great new resource at their disposal, courtesy of the U.S. government: a Google map mash-up that shows the locations of all the medical marijuana dispensaries in the City by the Bay. The map, posted on the blog of the Office of National Drug Control Policy, denotes the locations of 71 pot sellers with tiny Canibus leaf icons. The map also pinpoints all the Starbucks stores -- just the thing for smokers looking to satisfy ...
November 19, 2008 08:49 pm
Proving Mitigation
(Legal Profession Blog)An attorney who had acknowledged neglect of client matters agreed to a fully-stayed suspension of a year and a day that was imposed by the Pennsylvania Supreme Court. Of particular interest is a psychotherapist's report attached to the Disciplinary Board's...
November 19, 2008 08:34 pm
Holder Called in June for Closing Gitmo
(Legal Blog Watch)With Covington & Burling partner Eric H. Holder Jr. President-elect Obama's apparent pick for attorney general, a speech he gave in June suggests he would make a top priority of closing Guantanamo Bay. In the June 13 speech to the...
November 19, 2008 07:43 pm
California Man Found Guilty of Murder
(San Diego Criminal Defense Lawyer Blog)... mother's home in La Jolla and died in the hospital a few days later. As a result, Seth Cravens, 22, has been convicted of second-degree murder, which carries a possible sentence of 15 years to life in prison. Cravens and his defense attorney claimed that he acted in self-defense when he punched Kaunaui. His lawyer said they plan to appeal the jury's decision. Craven's sentencing is scheduled for January 12. In addition, Cravens faces charges of assault by means likely to produce great bodily ...
November 19, 2008 07:19 pm
e[dis]Harmony or eDiscrimination?
(The National Law Journal's L.A. Legal Pad)Online dating services are under scrutiny of late for alleged discriminatory practices. The California company eHarmony, Inc., settled today with the New Jersey Attorney General's Office over a claim that the dating service violated the state's Law Against Discrimination by not offering a same-sex matching service. Consequently, eHarmony next year will launch a same sex matching service called Compatible Partners, which will be marketed in gay and lesbian media outlets. Details can be found on ...
November 19, 2008 07:02 pm
Former Thelen antitrust and bankruptcy heavy hitters join Winston
(The National Law Journal's L.A. Legal Pad)Antitrust litigator Robert Pringle and bankruptcy partner Richard Lapping are some of the headliners in a group of 18 lawyers that is joining the Chicago-based Winston & Strawn. Large groups of lawyers have found new homes at firms like Nixon Peabody, Howrey and Robinson & Cole since Thelen announced that it would dissolve in late October. Winston has a big-time Thelen connection. San Francisco managing partner Charles Birenbaum was a Thelen partner but left in 2003 after losing a bid ...
November 19, 2008 06:33 pm
Christensen to prosecutors: let's not bicker and argue over who tapped who ...
(The National Law Journal's L.A. Legal Pad)... no need to impose a draconian sentence to get the lawyers' attention when they are already keenly aware of the pitfalls that await the attorney who gives an investigator a free hand," wrote Christensen's lawyers. "The government's recommended sentence is not ... called Christensen's acts "brazen efforts to corrupt and subvert the legal system." They also argue that, as an attorney, Christensen held a higher level position of trust that requires prison time. In his response, Christensen's lawyers ...
November 19, 2008 06:18 pm
North Carolina S.Ct. Hearing on Lethal Injection
(StandDown Texas Project)... , the board says. That has prevented the Department of Correction from finding doctors to monitor executions. Several justices peppered the attorneys with questions during an hourlong hearing. Associate Justice Edward Thomas Brady quickly challenged Todd Brosius, a lawyer for ... will resume once the high court rules on the role of doctors. And all sides -- attorneys for the state prison system, the state's medical-licensing board, and the court's justices -- agreed that the issue really ought to ...
November 19, 2008 06:06 pm
Knowing Your Estate Planning Attorney
(Estate Planning Practice Blog)... place, move to a facility or fight off a greedy child. The point of this post is that establishing a good relationship with an estate planning attorney can have untold benefits beyond just executing an estate plan. Your attorney can continue to offer representation and assistance ... not to be construed as legal advice, which can only be given after consideration of the unique facts of each matter. Please seek the advice or counsel of your attorney, financial advisor or CPA as it may be appropriate.
November 19, 2008 05:56 pm
Winter Driving Tips from the New York Accident Lawyer
(NYInjuryLawBlog.com)... accident…the best advice is to stay put. I wish you a safe and happy winter driving season. "Let's be CAREFUL out there!" Thanks for reading, Jim _________________________________________ James B. Reed, Esq. Personal Injury & Malpractice Attorney Ziff Law Firm, LLP 303 William St., Elmira, NY 14902 Tel. (607) 733-8866 Fax. (607) 732-6062 Toll Free 1-800-943-3529 mailto:jreed@zifflaw.com http://www.zifflaw.com Share on ...
November 19, 2008 05:52 pm
Insurers Make Pitch for Health Coverage Mandate
(Health Law Prof Blog)The Washington Post reports that the health insurance industry said Wednesday it will support a national health care overhaul that requires them to accept all customers, regardless of pre-existing medical conditions, but in return it wants lawmakers to mandate that...
November 19, 2008 05:52 pm
Bonus Promise Enforced
(Legal Profession Blog)In a case involving a dispute between a law firm and a former associate attorney, the Connecticut Appellate Court held that the law firm had breached an employment agreement and that the trial court had improperly struck a statutory claim...
November 19, 2008 05:39 pm
2008 Medical Malpractice Report Released
(Day on Torts)... or less, one was $3,500,000 and one was $5,313,574.) As mentioned above, there were two jury verdicts over $1,000,000 in medical malpractice cases in 2007. The average settlement was $256,100 in 2007. The average was $221,000 in 2006; in 2005 it was $258,000. The average attorneys' fee received by claimant's counsel in cases that were settled was 29.45%. The average for cases that were tried was $32.12%. Thus, claimant's ...
November 19, 2008 05:32 pm
2008 Medical Malpractice Report Released
(Day on Torts)... or less, one was $3,500,000 and one was $5,313,574.) As mentioned above, there were two jury verdicts over $1,000,000 in medical malpractice cases in 2007. The average settlement was $256,100 in 2007. The average was $221,000 in 2006; in 2005 it was $258,000. The average attorneys' fee received by claimant's counsel in cases that were settled was 29.45%. The average for cases that were tried was $32.12%. Thus, claimant's ...
November 19, 2008 05:32 pm
More Forensic Testing Granted in Routier Case
(StandDown Texas Project)... deal, especially for the fingerprints," said Stephen Cooper, one of Mrs. Routier's attorneys. "Everyone has said no [to checking the fingerprints]. We've been trying ... June 6, 1996, attack in Rowlett. Dallas County First Assistant District Attorney Terri Moore said prosecutors are confident that Mrs. Routier's conviction and ... testing, which was first allowed for Texas prisoners in 2001. On the federal side, her attorneys have asked for a writ of habeas corpus to fight her death penalty conviction ...
November 19, 2008 05:24 pm
Dad accused of killing daughter while cleaning gun
(LawInfo Weblog)... . He said he must have pulled the trigger, and the girl fell to the floor. She was pronounced dead Monday. Bail for Peters, 42, was set Monday at $250,000. He has been arrested for investigation of first-degree manslaughter. His attorney, Annika Carlsten, requested that Peters be released from jail, The Herald newspaper of Everett reported. She argued that Peters isn't a flight risk, or a danger to himself or the community. "It's obviously a tragedy for all involved and my primary concern is for ...
November 19, 2008 05:18 pm
Student bonfire blamed for 1 of 3 Calif. wildfires
(LawInfo Weblog)... , not criminal intent," said Brown, who added that the students all lived locally and attended the same school. He declined to say which one or identify the students. Though Brown said there was no "malicious intent," the county district attorney will review the case and determine if criminal charges are filed. The fire burned intensely into the weekend, chewing up 1,900 acres and injuring more than two dozen people, including a Montecito couple who remained in critical condition Tuesday. Lance ...
November 19, 2008 05:15 pm