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DOJ's elite Public Integrity unit gets new leader
Law Firm Legal News | 2010/08/30 09:02
pThe Justice Department's Public Integrity Section has a storied 34-year history of pursuing corruption in government and safeguarding the public trust./ppThat trust was breached, however, when some of the unit's prosecutors failed to turn over evidence favorable to the defense in their high-profile criminal trial of Sen. Ted Stevens, R-Alaska, who died earlier this month in a plane crash./ppNow Jack Smith, a 41-year-old prosecutor with a love for courtroom work and an impressive record, has been brought in to restore the elite unit's credibility./ppBefore Stevens, Public Integrity's renown was built on large successes — like the prosecution of the Jack Abramoff lobbying scandal and convictions of federal and state judges, members of Congress and state legislators, military officers, federal lawmen and bureaucrats and their state counterparts over the years./ppBut its stumble — not disclosing exculpatory evidence as Supreme Court precedent requires — was equally large. It was so serious that Attorney General Eric Holder, one of Public Integrity's distinguished alums, stepped in and asked a federal judge to throw out Stevens' convictions./p


Thousands sign on for $10 billion BP suit
Court and Trial | 2010/08/30 07:01
pThe revelation that BP's Texas City refinery emitted toxic benzene for more than a month has ignited a furor in the port community that has suffered its share of deadly industrial accidents and toxic spills./ppThousands of residents who fear they may have been exposed to the known carcinogen released at the oil refinery from April 6 to May 16 have been flooding parking lots and conference halls where local trial attorneys hosted information sessions and sought clients for class-action lawsuits against the oil giant./ppBP faces the new challenge just as it is reaching a key milestone in another crisis — plugging the Gulf of Mexico well that blew out in an oil spill disaster that is costing the company billions of dollars./ppOn Wednesday, more than 3,400 people lined the hallways and sidewalks around the Nessler Center to sign on to a $10 billion class-action lawsuit filed Tuesday in Galveston federal court by Friendswood attorney Anthony Buzbee. /ppThe lawsuit alleges the release of 500,000 pounds of chemicals - including 17,000 pounds of benzene - has jeopardized the health and property values of people who live and work in the area. At the nearby College of the Mainland, a separate town hall meeting drew a crowd of 600. /p


Utah court rejects appeal from polygamous sect
Lawyer World News | 2010/08/30 03:01
pUtah's Supreme Court has rejected a petition from members of a southern Utah-based polygamous sect seeking a reversal of changes made to its communal land trust./ppIn a ruling issued Friday, justices say members of the Fundamentalist Church of Jesus Christ of Latter Day Saints waited too long to challenge the state's intervention in the United Effort Plan Trust./ppValued at $110 million, the trust holds the property in Hildale, Utah and Colorado City, Ariz., the twin border towns where most church members live./ppUtah seized the trust in 2005 after allegations of mismanagement by church leaders. A court-appointed accountant has since converted the trust into a secular entity./ppFLDS members consider state control of the UEP a violation of their religious rights.
/p


Shapiro Fishman accuses McCollum of grandstanding
Attorney Legal Opinions | 2010/08/23 08:57
pLaw firm Shapiro amp; Fishman has accused Attorney General Bill McCollum of pre-election grandstanding and “abuse of power” in connection with McCollum’s recent announcement that his office is conducting a foreclosure fraud investigation into that firm and two others./ppThe allegations are in response to a coordinated investigation announced by McCollum during an Aug. 10 press conference. McCollum said his office is looking at whether the three South Florida firms engaged in unfair and deceptive actions in their handling of foreclosure cases./ppThe other firms were the Law Offices of Marshall C. Watson in Fort Lauderdale and the Law Offices of David J. Stern, P.A. in Plantation./ppThe firm’s response came Friday in a motion to quash a subpoena in Palm Beach County Circuit Court./p


DUI Life Sentence Stirs Debate About Alcoholism
Law Firm Legal News | 2010/08/17 12:25
pNobody disputes that driving under the influence of alcohol is dangerous. In fact, it's one of the most deadly crimes. You won't get any serious arguments from anybody that people should be allowed to drive while impaired. Nobody would dispute that you are far more likely to die at the hands of a DUI driver than at the hands of a serial killer or by gang violence./ppThe dispute is not about the problem of impaired driving, but rather about what to do about it. Every year, many states increase the jail time, fines and other penalties for DUI offenders. There is little evidence that increased punishment deters impaired driving. In fact, there's no conclusive evidence that suggests that the average would-be drunk driver even considers the penalties before turning on the ignition and hitting the road./ppMost state lawmakers increase the penalties because it is politically popular to do so, and it’s the only thing they can think of doing. In most states, the average DUI convict spends no more than a day or two in jail for a first offense, and no longer than a year for a third offense. After that, the states have a tremendous range./ppIt seems for most offenders, a first, second or third DUI arrest is the wake-up call they need, and very few people get caught more than three times in their lifetime. In states such as Washington that have systems that treat and educate for alcohol and drug issues, there is a ray of hope that recidivism may be reduced. In states such as Arizona, where the focus is on punishment rather than treatment, DWI convictions often do little for a would-be repeat offender than take them off the road temprarily while they are incarcerated./pp- a href=http://www.attorney-webdesign.comattorney webdesign/a
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