9/28/2006

Merck's $50-Million Vioxx Award Too Excessive

SAN PEDRO, Calif., Sept. 19, 2006 -- When a federal judge threw out a $50-million jury award against Merck & Co.,calling it excessive for a former FBI agent who had suffered a heart attack while using the drug maker's Vioxx painkiller, the news was met with mixed feelings for the 16,000 Vioxx users that have filed suits against Merck.
On August 17, 2006 a federal jury in New Orleans awarded $51 million to Gerald Barnett - a retired FBI agent who had a heart attack in 2002 after taking Vioxx for 55 months - after finding that Merck knowingly misrepresented or failed to disclose a material fact regarding Vioxx safety to the plaintiff's physician.
In a written ruling, U.S. District Court Judge Eldon Fallon found that the jury's findings on Merck's liability were reasonable, but that the $50-million compensatory damage assessment was not.
Vioxx plaintiff's can see positive news in the ruling in that the jury's finding of Merck's liability and is a positive development for everyone suing Merck for damages. The ruling clearly establishes Merck's liability and will strengthen future Vioxx cases that go to trial this month. Many experts are predicting that Merck's liability will reach 50 billion in damages.
Fallon ruled that a new trial on all damages was necessary, citing a previous case requiring reconsideration of both awards when compensatory damages are reviewed. The new trial will also reconsider the punitive damages award of $1 million in the case, although the federal judge did not take issue with that award.
Merck may see a surge in Vioxx lawsuits after an independent study found an increased risk of kidney-related complications and arrhythmia. The study was conducted by researchers at Harvard University and published online September 12, 2006 by The Journal of the American Medical Association.
A data analysis of 114 clinical trials involving more than 116,000 patients found that Merck's withdrawn painkiller was associated with an increased risk of "renal events," which include swelling of the hands and feet, high blood pressure and kidney dysfunction.
With the statutes of limitations expiring soon for manyformer patients this may prompt many to "pile on" the tensof thousands of Vioxx-related lawsuits already filed against Merck. Merck is the fourth largest drug manufacturer in the U.S. and has pledged to fight each of the nearly 16,000 cases filed against them individually, rather than as a class action.

keywords:

Tax IRS Jerome Ringler Vioxx Roger Clark Clark & Goldberg Immigration Mark Lanier Lanier Law Firm Stuart D. Zimring Girardi & Keese tax & finance Dan Webb New York Times John Girardi John Manly DUI Mary Helen Sears Justice Department Patricia M. Annino

Shield law's effect on national security debated

Proponents and detractors of a federal law that would protect journalists from revealing their confidential sources clashed Wednesday about whether judges or the executive branch would be better suited to weigh the interests of national security against the rights of reporters to protect their sources.
In its fourth hearing on the proposed Free Flow of Information Act of 2006, the Senate Judiciary Committee questioned a panel of witnesses that included former Solicitor General Theodore Olson and Deputy Attorney General Paul McNulty, the second-in-command at the Department of Justice.
Although Olson and McNulty both have close ties to the Bush administration -- Olson represented President Bush in the U.S. Supreme Court case Bush v. Gore in 2000 -- they were on different sides Wednesday.
Olson, who supports the legislation, warned that journalist subpoenas have become "weapons of first resort" in federal investigations, and that reporters are often unable to determine whether their actions fall under the jurisdiction of federal or state law. Forty-nine states and the District of Columbia recognize some form of a reporter's privilege but no such federal law exists. Olson said that since state shield laws have no federal counterpart, "uncertainty renders provisions in the states ineffective."
Furthermore, Olson argued that even if no federal shield law is adopted, "there will be judicial analysis of the process anyway" when reporters are served with subpoenas and they move to quash those subpoenas. "Judges do consider national security issues," Olson said.
Speaking on behalf of the Department of Justice, McNulty referred to the legislation as "a solution in search of a problem" and said that the department's guidelines already strike the correct balance between the government's interest and the interests of a free press.
A federal shield law, McNulty said, would only make criminal investigations more difficult and put too much power in the hands of judges. "Courts lack the ability and the knowledge to do a balancing test," he said.
In response to McNulty's comments, former prosecutor Bruce Baird said that the bill should be passed primarily because it "does no more than codify the Department of Justice's existing policy" on issuing subpoenas to reporters. Baird said that "from a defense perspective, the bill is also an improvement" because it would apply the department's guidelines to all investigations, creating a more uniform procedure.
Committee Chairman Sen. Arlen Specter (R-Pa.), the bill's co-sponsor, asked McNulty if under a proper application of the Department of Justice's guidelines, former New York Times reporter Judith Miller would have still gone to jail. McNulty declined to answer.
Steven Clymer, a professor at Cornell Law School, suggested that if a shield law is passed, the Department of Justice should be exempted from its provisions because department officials "already do a good job of policing themselves."
Clymer called the proposed bill "useless" because "at the moment of truth -- when the source seeks an assurance of anonymity -- it will not be clear" if any of the exceptions to the federal shield law apply.
The bill was originally introduced in the Senate last year by Sen. Richard Lugar (R-Ind.).
Although the original bill provided for an absolute privilege for confidential sources, the current version, introduced in the Senate in May, offers only a qualified privilege. A similar bill has been introduced in the House.

more info www.breakinglegalnews.com

Justice Department Sues Florida City

WASHINGTON – The Justice Department today filed a lawsuit against the City of Boca Raton, Fla., alleging that a city zoning ordinance discriminates against individuals with disabilities.
The complaint, filed in the U.S. District Court for the Southern District of Florida, alleges that a zoning ordinance passed by the city in 2002 and amended in 2003, excludes housing for persons recovering from alcohol or drug dependency from residential areas of the city and unreasonably restricts their operation in commercial zones in violation of the Fair Housing Act. The only zones in the city in which “substance abuse treatment facilities” (SATFs) may operate as of right under the ordinance are “medical center” districts. The complaint alleges that the ordinance intentionally and on its face targets housing for persons in recovery and subjects it to different and substantially more onerous requirements than other types of housing.
“No citizen should be refused an equal opportunity for housing in their community,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to preventing such housing discrimination against people with disabilities.”
“The Fair Housing Act protects all Americans from housing discrimination, including those persons recovering from substance abuse problems,” said R. Alexander Acosta, U.S. Attorney for the Southern District of Florida. “My office, in conjunction with the Civil Rights Division, is deeply committed to enforcing the laws that provide equal protection to all Americans.”
The suit seeks to prevent the city from enforcing the ordinance, monetary damages to compensate victims, civil penalties, and a court order barring future discrimination.

“Girls Gone Wild” Founder Joseph F. Pleads Guilty

WASHINGTON – Joseph Francis, founder, CEO and sole shareholder of two California companies doing business under the name “Girls Gone Wild,” has pleaded guilty to charges that he failed to create and maintain age and identity documents for performers in sexually explicit films produced and distributed by Girls Gone Wild, as required by federal law, Assistant Attorney General Alice S. Fisher of the Criminal Division announced today.
Francis entered the guilty plea yesterday before U.S. District Judge Margaret Morrow at U.S. District Court in Los Angeles. Santa Monica-based Mantra Films, Inc., which is owned and operated by Francis, entered a plea agreement on Sept. 12, 2006, at U.S. District Court in Panama City, Fla. A second related company, MRA Holdings, Inc., also entered a deferred prosecution agreement the same day.
Francis pleaded guilty to two counts filed under a law—often referred to as Section 2257—passed by Congress to prevent the sexual exploitation of children. The law protects against the use of minors in the production of sexually explicit material by requiring producers to create and maintain age and identity records for every performer. Producers and distributors must then label their products with the name of the custodian of the records and their location.
Under the agreements, Francis agreed to pay the maximum fine of $500,000, and his two companies agreed to pay an additional sum of $1.6 million in fines and restitution. Francis, Mantra, and MRA Holdings will make a public acknowledgment of criminal wrongdoing and agreed to fully comply with the record-keeping laws going forward. MRA Holdings also agreed that for three years it will employ an independent, outside monitor selected by the government and provide the monitor complete access to the books and records, production facilities and other locations required to ensure the company’s compliance with federal law relating to the production of visual materials under the name Girls Gone Wild, or any other name. In statements filed in court yesterday, Francis admitted that Girls Gone Wild, acting under his direction, filmed performers engaging in sexually explicit conduct and produced and distributed sexually explicit video materials during all of 2002 and part of 2003 while violating the record keeping and labeling laws.
In May 2006, Attorney General Alberto R. Gonzales, pursuant to “Project Safe Childhood,” asked the Federal Bureau of Investigation (FBI) to begin conducting regular inspections of records kept by producers of sexually explicit materials pursuant to Title 18, U.S.C., Section 2257. Producers are required to keep records on performers to include true name and date of birth and to produce these records on demand. These regulations and resulting inspections are designed to prevent producers from hiring minors as performers, and carry criminal penalties for violations.
The Los Angeles case is being prosecuted by Brent D. Ward, Director of the Justice Department’s Obscenity Prosecution Task Force, with assistance from the U.S. Attorney’s Office in the Northern District of Florida. The Obscenity Prosecution Task Force was formed to focus on the prosecution of adult obscenity nationwide. Investigation of the cases was conducted by the Adult Obscenity Squad of the FBI, which is based in Washington, D.C.

9/20/2006

FCC Chief Orders Probe of Unreleased Media Reports

Federal Communications Commission Chairman Kevin J. Martin has asked the agency's inspector general to investigate why two draft reports on television and radio ownership never saw the light of day until now. Martin said he sought the review after Sen. Barbara Boxer (D-Calif.) asked whether the agency suppressed the reports, dated 2003 and 2004. Martin, approved for another five-year term Tuesday by the Senate Commerce Committee, said he and his staff had not seen the reports. "I want to assure you that I, too, am concerned about what happened to these two draft reports," Martin said in a letter sent to Boxer late Monday. One draft working paper, dated 2004, suggests that locally owned TV stations produce more coverage of local issues, Boxer said. In 2003, the FCC began looking into the local content offered by media outlets but never concluded the proceeding. The FCC chairman at the time, Michael Powell, and his top aides have denied any knowledge of the study. The other draft report, titled "Review of the Radio Industry" and dated 2003, examines consolidation in radio. Boxer said it showed that the number of station owners had declined. "This is the second report in a week that I have received that appears to have been shelved by officials within the FCC, and I am growing more and more concerned at these developments," Boxer said in a letter to Martin. The FCC in 2003 voted to ease limits on ownership of television stations and lifted a ban preventing a company from owning a newspaper and a television or radio station in the same market. But the new rules were put on hold in 2004 after an appeals court said the FCC failed to sufficiently justify them. The FCC took up the issue again this year.
http://www.breakinglegalnews.com/entry/FCC-Chief-Orders-Probe-of-Unreleased-Media-Reports

9/17/2006

Adult Video Series ‘Girls Gone Wild’ Pleads Guilty

A California company doing business under the name “Girls Gone Wild” has pleaded guilty to charges that it failed to create and maintain age and identity documents for performers in sexually explicit films that it produced and distributed, and that it failed to label its DVDs and videotapes as required by federal law, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Gregory R. Miller of the Northern District of Florida announced today.

Santa Monica-based Mantra Films, Inc. entered its plea agreement today before U.S. District Judge Richard Smoak at U.S. District Court in Panama City, Fla. A second related company, MRA Holdings, LLC, also entered into a deferred prosecution agreement.

Under the agreements, Joseph Francis, the founder of the two companies, agreed to plead guilty to offenses to be filed later in U.S. District Court in Los Angeles, and the companies and Francis agreed to pay fines and restitution totaling $2.1 million.

The charges in this case are believed to be the first to be filed under a law – often referred to as Section 2257 – passed by Congress to prevent the sexual exploitation of children. The law protects against the use of minors in the production of sexually explicit material by requiring producers to create and maintain age and identity records for every performer in sexually explicit movies and other media. Producers and distributors must also label their products with the name of the custodian of the records and their location.

Settlement reached with Seaboard & PIC USA

Under two related settlements, Seaboard Foods LP and PIC USA Inc., will take significant steps at many of their facilities to ensure future compliance with environmental laws and to resolve allegations that the companies contaminated groundwater and surface waters near several of their facilities, the Justice Department and the Environmental Protection Agency (EPA) announced today. Seaboard Foods LP, one of the nation’s largest vertically integrated pork producers, is the current owner of more than 200 farms in Oklahoma, Kansas, Texas, and Colorado, and PIC USA, Inc. is the former owner and operator of several of the farms located in Oklahoma now operated by Seaboard.

Under the first consent decree, Seaboard Foods and PIC USA, Inc will pay a civil penalty of $240,000 for violations of the Resource Conservation and Recovery Act (RCRA), the federal hazardous waste statute, dating back to 2001. In the second settlement, Seaboard will pay a civil penalty of $205,000 for failure to comply with the Clean Water Act (CWA) and the Clean Air Act (CAA), and for failure to comply with the continuous release reporting requirements of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Emergency Planning and Community Right to Know Act (EPCRA). Payment of a $100,000 civil penalty by Seaboard in a separate Air Compliance Agreement with the EPA will be credited toward this amount.

“Today’s settlements represent an excellent result for the people of Oklahoma and a significant commitment by the companies to address the impacts of their operations and to remedy their impacts on ground water and surface waters, said Sue Ellen Wooldridge, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. In securing an extensive program of injunctive relief, we are confident that today’s settlement will help to ensure the protection of drinking water sources in Oklahoma.”

“This settlement represents a significant effort to address the impacts of animal waste handling practices and to bring operations into compliance with all applicable environmental regulations,” said Granta Y. Nakayama, the EPA’s Assistant Administrator for Enforcement and Compliance Assurance.

“People know the value of clean water and air. This settlement represents a significant effort by two major companies to bring their waste handling operations into compliance,” EPA Regional Administrator Richard E. Greene said. “We are pleased with these efforts, which will ensure better air and water near the farms.”

www.breakinglegalnews.com

9/06/2006

Law Firm, Lawyer and Legal Professional news in the Media

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9/04/2006

IRS says NAACP didn't violate tax status

Marvin Goodson is a tax maven. He is also thoroughly analyzing this story from the Associated Press (ap.org) about how the NAACP did not violate the conditions of its tax-exempt status when its chairman gave a speech that criticized President Bush, according to a newly released letter from the Internal Revenue Service to the civil rights group. The IRS began looking into the Baltimore-based National Association for the Advancement of Colored People about a month before the 2004 presidential election after a speech by NAACP Chairman Julian Bond that was largely critical of Bush's policies. Politics is sometimes a nasty business, from which no one is totally immune. Thankfully, the IRS made the right decision here.

Spotlight on one of America’s Best Trial attorneys

Jack Girardi, Partner at Girardi & Keese relates a recent case of how once again he and his firm represents everyday Americans, this time, “a former Anaheim Police Lieutenant” in an “employment discrimination” case and won $5 million dollars for his client.

Jack is a breed of lawyer who spends his whole life fighting for ordinary people. He spends his time, his energy, and his firm’s money working to hold huge corporations, (like the PGE case made famous by the movie “Erin Brockovich”), oppressive governments and other wrongdoers accountable. Jack is one of those great lawyers who are committed to ensure that justice prevails.

-Law Business Insider

9/02/2006

LawPromo.com news

LawPromo.com is a professional website development and marketing agency that caters exclusively for the Legal Professionals. Our clean, advanced design approach, combined with search engine marketing, has positioned ourself as a leader in creating a successful online presence for legal professions.
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Patricia M. Annino - Women & Money

Patricia M. Annino chairs Prince, Lobel, Glovsky & Tye’s Estate Planning and Tax Group. She is a nationally recognized authority on estate planning and taxation, with 20 years’ experience serving the estate planning needs of families, individuals, and owners of closely held businesses. A member of the firm’s Media and Intellectual Property Group, she represents authors, artists, and musicians in estate planning and probate matters.

She is the author of two widely utilized professional texts: Estate Planning in Massachusetts, part of West Publishing Company’s Massachusetts Practice Series; Taxwise Planning for Aging, Ill, or Incapacitated Clients, published by the American Institute of Certified Public Accountants; author of The Federal Gift Tax, A Practical Guide to Estate Planning in Massachusetts published by MCLE and author of the published book, Women & Money, A Practical Guide to Estate Planning.

Review: Annino's book provides the basic legal knowledge women need to deal with problems such as caring for elderly parents or young children, preparing for death or disability of self or spouse, whether to buy insurance, etc. However, there is no dry legalese: the advice is straightforward and abundantly illustrated with interesting stories from her law practice. In chapters aimed at women in various stages (divorcing, single, married, etc.) Annino seems to be having a personal conversation directly with the reader, offering lots of practical advice. Even has a fashionably pretty cover! Ladies: start your studies with this book.

About Costell & Cornelius Law Corporation

The firm of Costell & Cornelius Law Corporation was originally formed by Jeffrey Lee Costell in January of 1993 and presently consists of six attorneys. The firm prides itself in being an established, full-service real estate law firm with a high-quality practice in the areas of real estate litigation, transactions, leasing, acquisitions, dispositions, finance, valuation, and development, as well as in the areas of bankruptcy, insolvency, reorganization, debtor/creditor rights and general commercial and business litigation and transactions.

The firm has significant experience in the representation of a wide-variety of real estate clients, including real estate owners, landlords, tenants, developers, investors, borrowers, lenders, financiers and other real estate-related companies. The firm also represents non-profit organizations, institutional entities, entrepreneurs, corporations, small businesses, partnerships and numerous mid-sized companies or entities involved in a variety of businesses.

The firm has also represented foreign clients and governments, such as the State of Israel. The firm's Chief Executive Officer and Senior Attorney, Jeffrey Lee Costell had several years of experience with large, national law firms, but then made a deliberate choice to grow his practice in a smaller firm environment in order to most efficiently serve his clients. The Firm continues to provide enhanced service to its clients by virtue of it's relationship-oriented approach to representation. This approach is characterized by a global view of the engagement in the context of the client's overall business operations and extensive, prompt and ongoing communication with the client as to the direction of each matter.

Costell & Cornelius founding principles are the creation of successful, long-term relationships with clients, and a dedication to the profession and to being good corporate citizens in the community where we live and work.

9/01/2006

Prudential Tax - Tax Help

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CALIFORNIA TAKES THE LEAD ON GLOBAL WARMING

California Governor Arnold Schwarzenegger announced a deal under which California will mandate a reduction in the state's emissions of gases contributing to global warming to 1990 levels by 2020.

California already has passed a law requiring greenhouse-gas-emission cuts from cars and light trucks sold in the state. The cut would target the state's biggest industrial emitters of greenhouse gases, such as power plants, oil refineries and cement factories.

Finally: a politician who understands the threat posed by global warming! Regardless of whether you agree with Schwarzenegger's other political ideas, he's exactly right on this one. It's about time somone acknowledged the obvious - that the planet is not ours to pillage and ignore.

Patricia Annino - Women & Money

Patricia Annino, Best Selling Author of Women & Money:
A Practical Guide to Estate Planning
Providing women a roadmap of the financial world”

Patricia M. Annino is a nationally recognized authority on estate planning and a partner in the Boston law firm of Prince, Lobel, Glovsky & Tye LLP where she chairs the Estate Planning Group. Our Co-Host, Jerry Ringler is one of America’s most successful trial attorneys who has won over $200 million dollars in verdicts for his clients across a wide array of different cases

As a lawyer handling estate planning for over twenty years, Patricia has seen first hand how many women do not realize the importance of planning until it is too late. She understands the way women learn and analyze. She has written a best selling book, Women and Money, A Practical Guide to Estate Planning, which has been recommended both by the Wall St Journal and Amazon.com.

Patricia will bring alive her best selling book in a simplified manner to serve as your trusted companion embarking on the estate planning process.

About Ringler Kearney Alvarez LLP - Jerome L. Ringler

Ringler Kearney Alvarez LLP specializes in high-end cases in the areas of both business tort, class action and catastrophic personal tort matters.

Name Partner & Founder Mr. Ringler served as President of the Los Angeles Trial Lawyers in 1992 and has been active in bench bar relations throughout his career.

Experience

Jerome L. Ringler is regarded as one of the premier trial attorneys in California, having tried over 75 cases to verdict with phenomenal success. He has achieved the rank of Diplomate, the highest level of achievement in the American Board of Trial Advocates and a rank attained by only a small fraction of lawyers in the United States. He is also a Fellow of the International Academy of Trial Lawyers, an elite organization of courtroom attorneys which selects its members from the top of the crust of the trial bar. Indeed, membership is limited to 500 lawyers from the United States judged to possess, to an exceptional degree, superior skill and recognized ability in trial and appellate practice, and to be of excellent character and absolute integrity. Mr. Ringler has also been awarded "best of" recognitions by various media and legal associations such as Super Lawyer magazine, Los Angeles Trial Lawyers Association, Association of Trial Lawyers of America, California Trial Lawyers Association, and Los Angeles County Bar Association.