Woman 'confesses role' in British student's murder in Perugia

The American woman flatmate of a 21-year-old British student found murdered in Italy is said to have "crumbled" under police questioning today and revealed more information about the death.

Amanda Knox, 20, was one of three people taken into custody at 7am today by Italian police investigating the killing of her fellow student and flatmate Meredith Kercher, who was found dead in her locked and blood-smeared bedroom last Friday with a deep wound in her throat.

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The man who sued God: weird law

A meticulous collector of amusing and curious anecdotes from the world of law, Professor Gary Slapper's Case Notes column has long been a staple of The Times' Law section. From next week, his collection of legal oddities will be on display in a new column, Weird Cases. As a taster, we asked him to select 20 of his favourite bizarre disputes, prosecutions and lawsuits from the archive. 1.
The Times - Nov 5, 2007

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Paint makers win verdict: Milwaukee boy ingested lead, but other factors harmed him, jury finds

Nov. 6--The lead paint industry won a major victory Monday when a Milwaukee County Circuit Court jury found that its products were not the cause of a young man's mental retardation. The battle in Wisconsin, however, appears far from over, and the nationwide implications of the verdict appear to be far from settled. Peter Earle, one of the lawyers who brought the lawsuit against the industry, ... Read more here.
Knight Ridder Tribune Business News - Nov 6, 2007

Night at the Museum

Among corporate governance scandals, the J. Paul Getty Trust's stood out. An investigation by the California attorney general's office led to the appointment of a monitor, apparently the first time one has been named to oversee a nonprofit organization. But then-GC Peter Erichsen's proactive response to Getty's corporate governance problems is also noteworthy. Erichsen volunteered full cooperation and embraced reform, turning the AG's iron fist into a velvet glove.

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Funding Woes Halt Trial of Accused Courthouse Killer

Wednesday's abrupt halt to jury selection in the Brian G. Nichols murder trial -- on defense lawyers' claims that they were inadequately funded -- was met with frustration by lawmakers critical of how much the defense has already spent. While state legislators blasted the judge in the case, Fulton County agreed late Wednesday to the judge's order to pick up the bill for one of Nichols' lawyers, who will be paid $175 per hour -- $80 more than state capital defenders are typically paid.

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Lanier Opens L.A. Office

Products liability plaintiffs lawyer W. Mark Lanier will open a new Los Angeles office focusing on litigation, primarily in the areas of asbestos exposure, intellectual property, pharmaceutical liability and maritime law. Lanier, who recently scored several verdicts against Merck & Co. and obtained one of the largest asbestos verdicts in U.S. history, plans to manage the L.A. office from Houston, where he lives.

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N.Y. Lawyer Charged With Forging Judge's Name on Order

What started as a dispute between neighbors over a swimming pool has led to the arrest of a Long Island, N.Y., attorney. Laurence S. Jurman allegedly forged the name of Supreme Court Justice William Rebolini to a judicial order in a civil lawsuit filed as the result of the dispute. Last week, Jurman, appearing without counsel, pleaded not guilty to a single count of criminal possession of a forged document in the second degree, a felony punishable by up to 7 years in prison.

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Reno Jury Awards $99 Million in Punitives in Wyeth Drug Case

Jurors awarded $99 million in punitive damages Monday to three Nevada women who claimed hormone replacement drugs distributed by Wyeth caused their breast cancer. The jury had issued a $134.5 million judgment against Wyeth last week, but Judge Robert Perry cut that to $35 million after it became clear some of the jurors mistakenly believed that award was to include punitives. The judgment remains the largest award to date against the company, which faces about 5,300 similar suits across the country.

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In-House Counsel, Beware!

In a wake-up call for all lawyers -- inside and out -- the Department of Justice has brought a case under the False Claims Act against Christi Sulzbach, the former GC of Tenet Healthcare, seeking millions of dollars based upon her actions as chief compliance officer. The case offers an enlightening -- and frightening -- look at the cumulative impact of some important trends in corporate enforcement in the past two decades. Attorney Dan Small asks if this is sensible targeting or government overreaching.

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Law Students Navigate Interviews and Cross-Country Travel to Get a Clerkship

For many third-year law students seeking a federal appellate clerkship the process is chaos, a 36-hour binge of interviews, dropped calls, letdowns and, with any luck, a job offer or two. The federal judiciary's effort to introduce some sanity into the hiring scheme has faltered, not least because judges, absent their robes, are fiercely competitive when it comes to selecting clerks. And a lot of those judges have agreed to disagree with hiring guidelines, says 10th Circuit Judge Michael McConnell.

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Judge Dismisses Malpractice Suit Arising From Dueling Holocaust Claims

A New York federal judge has tossed out a legal malpractice suit arising from competing Holocaust restitution claims. Nieces and nephews of a Jewish publisher and art collector and his wife, who both died in 1930s Germany, sued their ex-lawyer, claiming his errors caused them to have to share restored property and funds with another claimant. But the judge granted summary judgment to the lawyer, finding that the relevant German restitution law would not have permitted the nieces and nephews a full recovery.

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Weiss Pleads Not Guilty in Kickback Case, but Lazar Agrees to Plea

Appearing Monday in federal court, Milberg Weiss co-founder Melvyn I. Weiss pleaded not guilty to charges that he orchestrated a conspiracy to pay kickbacks to individual plaintiffs in securities class actions. While Weiss has pledged to clear his name, one of his few remaining co-defendants prepared to plead guilty. Lawyers for Seymour Lazar, one of the individual plaintiffs who allegedly received kickbacks from Milberg Weiss, said Monday their client had reached an agreement with prosecutors.

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Federal Judge Unclots Path for Deep Vein Thrombosis Suits Against Airlines

Deep vein thrombosis has never become the windfall "asbestos of the air" that eager plaintiffs attorneys had predicted. But in a Friday decision, a San Francisco federal judge renewed the hopes of air travelers -- and their attorneys -- who say airline screw-ups resulted in life-threatening blood clots. Northern District of California Chief Judge Vaughn Walker wrote that in cases alleging an unforeseeable circumstance -- rather than a failure to alert passengers to DVT -- the claims may move forward.

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L'Oreal Takes Legal Action to Stop Counterfeits on eBay

L'Oreal, the world's largest cosmetics group, has launched legal action against eBay, alleging the online auctioneer does not do enough to combat the sale of counterfeits, the company said. The action by L'Oreal follows similar action taken against eBay by luxury groups LVMH Moet Hennessy Louis Vuitton and its parent company Dior, and U.S. jeweler Tiffany's.

Read the article: Reuters

innovatv.com and Twentieth Television to Expand Program Offering for Broadband Customers

innovatv.com Offers On-Line Magazines to Promote Twentieth Television Programming Including 'Divorce Court' to High-Speed Subscribers

NEW ORLEANS, Jan. 24 /PRNewswire/ -- innovatv.com, providers of complete, end-to-end technical and creative solutions for the delivery of interactive video content over broadband networks, and Twentieth Television, the leading distributor of syndicated and off-net programming, today announced that they will offer broadband customers the ability to access interactive magazines featuring excerpts from certain television programs offered by Twentieth
Television.

By utilizing innovatv.com's expertise for re-purposing existing video assets for mid- and broadband distribution, Twentieth Television is able to promote its programs by offering a branded, on-demand viewing format that integrates the rich information resources on the Web with its powerful video medium. This groundbreaking on-demand format, also known as an interactive video magazine(TM), or iMag(TM), "wraps" synchronized information and Web
links around high-quality video. Now broadband customers throughout the innovatv.com distribution network can access a series of iMags unlocking the tremendous value of Twentieth Television's extensive content library.
"As usage of the Internet increases, we realize that the demand for high-speed Internet access will correspond with this increase," said Rick Jacobson, president and COO of Twentieth Television. "innovatv.com's iMag furthers our reach to the growing number of high-speed access/broadband subscribers and allows us to promote Divorce Court and other programming in a new and exciting way."
innovatv.com's distribution channel consists of a growing network of leading broadband service providers throughout the U.S. and abroad. innovatv.com's unique iMag format will feature promotional excerpts from some of Twentieth Television's programs, such as "Divorce Court," the number-one new first-run program, and be strategically delivered via innovatv.com's
nationwide network of locally-placed servers. Because innovatv.com's partner content is delivered as close to the viewer's home or office as possible, it ensures that the highest quality video experience is maintained.

"By working with innovatv.com, we are capable of bringing top-quality television programming to the broadband community and affirm our intent to be a leader in the promotion of our television programming through new media," explained Paul Franklin, Twentieth's executive vice president and general sales manager of Internet Strategies.
"We are very pleased to be working with Twentieth Television as they distribute some of the top programs in television today," said John MacDonald, President & CEO of innovatv.com. "Together with Twentieth we will lead the development of the emerging broadband space with truly convergent program offerings which will help strengthen the bonds between programs and their audiences."

About Twentieth Television

A unit of Fox Television, Twentieth Television produces and distributes programming and distributes feature film packages for the domestic syndication and cable marketplace. Twentieth brings a wide variety of product to the marketplace including the smash off-network sitcom "The Simpsons" and the precedent setting licensing of the ground-breaking dramas "NYPD Blue" and "The X-Files" to basic cable with weekend runs in syndication. Twentieth promises
to solidify its distinction as the premier supplier of off-network product with such popular shows as "King of the Hill," "Ally McBeal," "Dharma & Greg" and "The Practice." Twentieth is also at the forefront of first-run syndication production with "Divorce Court" and its eagerly-anticipated new offering "Power of Attorney," among others.

About innovatv.com

Founded in 1997, innovatv.com provides the necessary technology and services to transform video into interactive content for broadband distribution. It is the only company in the broadband arena to offer a complete, end-to-end technical, creative and distribution solution for content providers who wish to deliver their video over broadband networks.

innovatv.com is aligned with national, local and independent content producers as well as with leading broadband service providers, including Road Runner's high-speed Internet service. innovatv.com is a privately-owned company located in San Diego, California, employing a growing staff of software engineers, graphic designers and other specialists in Web site design and interactivity. For more information, visit the Web site at http://www.innovatv.com.

Padilla was terror cell's 'star recruit'

Jose Padilla was a "star recruit" for a terrorism support cell that provided Muslim extremist soldiers to fight around the globe with al Qaeda, prosecutors said Monday in closing arguments.
The arguments mark the end of a three-month federal trial in which prosecutors have tried to prove that Padilla, 36, and two others provided support to terrorists.

"They decided that this end justified any means, including murder," said Assistant U.S. Attorney Brian Frazier told jurors. "They were disciplined, they were secretive, and they advocated violence."

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Trial begins in Katrina nursing home deaths

The owners of a nursing home where 35 patients died amid flash flooding during Hurricane Katrina are set to stand trial on Monday on negligent homicide charges.

A torrent of water poured through ruptured levees, filling the one-story St. Rita's Nursing Home almost to the ceiling in about 20 minutes after the storm roared ashore on August 29, 2005.

Salvador and Mabel Mangano are the only individuals charged with the responsibility of deaths from the storm. More than 1,400 deaths were blamed on Katrina.

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Illegal protests threat at Heathrow

The Government warned climate change protesters at Heathrow last night to stay within the bounds of the law, as fears grew that militant elements would mount illegal protests.

Downing Street said that any disruption to the airport’s day-to-day activities would be “unacceptable”, as one spokeswoman for the “climate change camp” said that illegal protests could not be ruled out. “People do have a right to protest in this country,” a Downing Street spokesman said. “But the Government believes action that would disrupt the running of Heathrow would be unacceptable.”

Some 250 people had set up camp last night on private land by the airport. The demonstration is officially set to begin this morning, with 2,000 people expected to attend.

Leila Harris, one of the protesters, said that illegal protests could not be ruled out, but that safety of passengers would not be jeopardised. “It will be an action that is agreed upon by consensus of all those at the camp,” she said. “We have ruled out going on the runways or anywhere near the planes. That’s for our safety, the safety of passengers and for everyone else.” Campaigners said that the injunction won last week by BAA, the airport operator, had only served to highlight the demonstration, set to last for a week.

Up to 1,800 police officers from four forces have been drafted in for the demonstration and about 25 officers carried out a surprise inspection on the site, between the villages of Sipson and Harlington, yesterday morning, with campaigners claiming that friction was already starting to show.

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Will new power of attorney regime really protect the elderly?

Key changes to the regime come into effect in October, but lawyers still have concerns

A new regime takes effect this October that should help to protect the elderly, particularly against pressure to change a will to relatives’ dismay. But will it?

The current enduring power of attorney will be replaced with two types of lasting power of attorney or LPA: one for property and finances and the other for personal welfare. This is a key change: that the attorney will be able to make decisions about the person’s welfare, health and housing – even if life-sustaining treatment is to be refused.

But lawyers still have concerns: Rooks Rider, the law firm, cautions that the new regime (which does not affect existing enduring powers of attorney) will be more onerous, cause more delays and/or expense.

There must also be a certificate to state that the donor knows what he or she is doing. Frances Mayne, head of probate at Wilsons, says that this could leave a vulnerable person open to pressure “to create an LPA in favour of an unscrupulous individual who can find two other unscrupulous people willing to complete the certificate”. That would do away with the need to notify anyone of the application to register the LPA – “a worrying development for families”.

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Lawyers count cost of credit market chaos

A meltdown in the credit markets could lead to banks, hedge funds and private equity firms finding themselves embroiled in years of costly litigation, lawyers said yesterday. They revealed that clients are “lining up” for advice on their legal exposure to the crisis.

The sheer complexity of financial instruments could make it almost impossible to determine liability and the extent of losses if the worst is to happen, experts said, and predicted that it could take years for the courts to sort out.

In the past few weeks, law firms have received an increasing number of inquiries from clients wanting to know whether they can be held to their commitments if credit markets collapse. At the same time, private equity and corporate clients want to know whether banks can be forced to stand by their lending promises.

John Ogilvie, a litigation partner in Herbert Smith, said that his clients had so far remained calm but that yesterday was a “tipping point” in determining whether the wobble was simply a short-term reaction to problems in the US or something more serious.

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NatWest Three cry foul over witnesses

Lawyers for the three former NatWest executives caught up in the Enron scandal have levelled an astonishing series of allegations against London solicitors representing the bank’s parent, RBS.

The London law firm working for RBS claimed to speak on behalf of prospective witnesses who were not even aware they were represented by the solicitors, according to a document lodged in a Texas court.

The allegations come in a motion filed by lawyers representing David Bermingham, Giles Darby and Gary Mulgrew, the so-called NatWest Three, who face fraud charges in Houston stemming from their involvement in the Enron scandal. The three want the Texas court to clear the way for people who worked alongside the trio to give testimony by video from the UK.

In January, the NatWest Three’s lawyers wrote to 36 potential witnesses – people who had worked with the three or who knew something of the deals which subsequently triggered the fraud accusations. The letters asked if the individuals would speak to lawyers for the three. They were sent via Travers Smith, the solicitors who work for RBS.

Travers Smith replied saying it represented all 36, and that all but one were not willing to be contacted.

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How well behaved are Britain’s judges?

If people thought a judge rude or ill-behaved, they used to have to write to the Lord Chancellor’s Department. Their complaint would disappear into the anonymity of the quaintly called “judicial correspondence unit”. There was no formal public complaints procedure; most people probably did not know that the unit existed.

But since last year, a new body has been charged with monitoring the judges – a kind of “Ofjudge”, called the Office for Judicial Complaints. In its first year it received more than 1,600 complaints against judges, magistrates or other judicial officeholders and it has just published what steps it took.

Dale Simon, 42, a former Crown Prosecution Service (CPS) district prosecutor, who heads the office with a staff of 21, says that 1,674 complaints in its first year is 8 per cent up on the number sent to the old judicial correspondence unit, although direct comparisons are impossible as “complaints are not defined in the same way”.

But set against the millions of cases being tried by the 43,000 judges, magistrates and others each year the figure is tiny, she says. In addition, half the complaints are rejected because they relate to a judicial decision – which is outside the remit of the office and could be challenged only through an appeal. “The percentage of complaints is a minute fraction of all the cases that are going in the courts every day. From these figures we can be confident that we have a pretty well-behaved judiciary that we can have confidence in.

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Lawyers warn that when the music stops, retribution will costlier and messier than any other mini-crash

A meltdown in the credit markets could lead to banks, hedge funds and private equity firms finding themselves embroiled in years of costly litigation, lawyers warned today.

They revealed clients are "lining up" for advice on their legal exposure to the crisis.
The sheer complexity of financial instruments could make it almost impossible to determine liability and the extent of losses if the worst is to happen, experts said, and predicted it could take years for the courts to sort out.

In the past few weeks, law firms have received an increasing number of inquiries from clients wanting to know if they can be held to their commitments if the credit markets collapse. At the same time, private equity and corporate clients want to know if the banks can be forced to make good on their lending promises.

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Needed: More Online Access to Federal Court Rulings

Amid a general trend of more records becoming available online, appellate litigator Howard J. Bashman notes the high and low points of federal courts' willingness -- or apparent lack thereof -- to provide complete, low-cost, easily accessible information on the Web.

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McKee Nelson: The Richest Guys in Town

After almost a decade of exponential growth, Washington, D.C.-based McKee Nelson is a high-end tax and capital markets outfit targeted at Wall Street. While its competition works to get bigger, the 210-lawyer McKee Nelson has been able to do what most D.C. firms have not: build a New York outpost that is the equal of, if not superior to, the home office. "We're going to be the best at what we do, and we're not going to allow practices to cannibalize each other," says managing partner William Nelson.

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City of San Diego Sues Willkie Farr for $29 Million

The San Diego city attorney's office has sued Willkie Farr & Gallagher for $29.3 million related to the law firm's handling of an investigation into the city's underfunded pension plan. The city claims Willkie Farr attorneys duplicated much of the investigation work already conducted by Kroll Inc. into the pension fund's $2 billion shortfall, that it knowingly overbilled the city by some $9.7 million and that it breached its agreement regarding the work it would provide.

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ConAgra Faces 39 Suits Over Bad Peanut Butter

In February, ConAgra Foods recalled Peter Pan and Great Value peanut butter produced at a Georgia manufacturing plant due to salmonella contamination cases. Now, 39 food-poisoning suits involving dozens of litigants have mushroomed into multidistrict litigation in Atlanta federal court. Three different plaintiffs attorneys are handling the suits, including William D. Marler, whose firm will use a two-pronged offense with a potential class action and individual suits for more seriously stricken plaintiffs.

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