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High court could block 'light' cigarettes lawsuit
Court and Trial |
2008/10/07 07:12
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| div class=articleThe Supreme Court picked up Monday where it left off last term, signaling support for efforts to block lawsuits against tobacco companies over deceptive marketing of light cigarettes. pThe first day of the court's new term, which is set in law as the first Monday in October, included denials of hundreds of appeals. Chief Justice John Roberts opened the new session in a crowded courtroom that included retired Justice Sandra Day O'Connor./ppLast term, the justices handed down several opinions that limited state regulation of business in favor of federal power. Several justices posed skeptical questions in this term's first case, whether federal law prevents smokers from using consumer protection laws to go after tobacco companies for their marketing of light and low tar cigarettes./ppThe companies are facing dozens of such lawsuits across the country./ppThe federal cigarette labeling law bars states from regulating any aspect of cigarette advertising that involves smoking and health./ppHow do you tell it's deceptive or not if you don't look at what the relationship is between smoking and health?, Chief Justice John Roberts said during oral arguments on the case./ppThree Maine residents sued Altria Group Inc. and its Philip Morris USA Inc. subsidiary under the state's law against unfair marketing practices. The class-action claim represents all smokers of Marlboro Lights or Cambridge Lights cigarettes, both made by Philip Morris./ppThe lawsuit argues that the company knew for decades that smokers of light cigarettes compensate for the lower levels of tar and nicotine by taking longer puffs and compensating in other ways./ppA federal district court threw out the lawsuit, but the 1st U.S. Circuit Court of Appeals said it could go forward./ppThe role of the Federal Trade Commission could be important in the outcome. The FTC is only now proposing to change rules that for years condoned the use of light and low tar in advertising the cigarettes, despite evidence that smokers were getting a product as dangerous as regular cigarettes./p/div |
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Metrolink train crash may be linked to text message
Attorney Legal Opinions |
2008/10/06 07:50
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div class=articlepTop officials with the firm that contracts to run Metrolink trains made their first public comments Sunday night about last month's deadly head-on collision of a passenger train with a Union Pacific freight train in Chatsworth./ppWords cannot express how saddened we are over the loss of life and injuries suffered in this terrible accident, said Veolia Transportation Chief Executive Mark Joseph in a written statement given to The Times. Our hearts are broken and our entire company is stricken with grief./ppWhether the result of human error, system failure, or other causes, we will share in the broad responsibility of finding solutions to lessen the risks inherent in passenger rail service, Joseph added. Public transportation is an essential service for everyday life in this country, and this tragedy underscores more than ever before the need of improving our public transportation systems./ppIn an interview in San Diego, where Veolia officials are attending a mass transit convention this week, Joseph emphasized the firm's safety record and said Veolia is participating in the investigation of the crash by the National Transportation Safety Board./ppVeolia officials said that the NTSB has asked them not to discuss the crash while the probe continues, and they declined comment on all questions relating to potential causes of the crash, which killed 25 people. They also declined to discuss the personnel record of Robert Sanchez, the engineer of the Metrolink train who was an employee of Veolia and who was killed in the crash./pp
The NTSB has said the Metrolink train ran a red signal intended to stop the train before entering a stretch of single track in use by an eastbound Union Pacific freight train./ppIn addition, the NTSB has said preliminary data indicates that 57 text messages were sent from or received by Sanchez's cellphone while he was on duty on the day of the crash, including one sent 22 seconds before the collision. The agency, however, cautioned that the precise timing of the messages needed to be verified./ppI think up to this accident, we had the strongest [cellphone] policy in the business given the ones I'd seen, said Ronald J. Hartman, an executive vice president for rail for Veolia./ppHartman said Veolia's policy prohibits cellphone use by engineers and requires that devices be turned off and out of reach while engineers are in the cab of a locomotive. He said Veolia engineers encounter supervisors on a daily basis and that supervisors check for cellphone usage./ppHe added that Veolia supervisors sometimes call engineers' cellphones -- when the numbers for those phones are available -- to see if engineers are using phones while operating trains./ppa href=http://www.rkallp.com/metrolink-disaster-lawyers.htmlhttp://www.rkallp.com/metrolink-disaster-lawyers.html/a/p/div |
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Bailout bill gains momentum on House floor
Attorney Legal Opinions |
2008/10/03 07:15
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After a week of tumult, an unprecedented government bailout of the financial industry gained ground in the House on Friday and leaders in both political parties expressed optimism the $700 billion measure would clear Congress by day's end for President Bush's signature.
With the economy showing fresh signs of weakness, the measure advanced past a key hurdle on a 223-205 vote. pAn Associated Press tally showed 16 lawmakers who sent an earlier bailout bill to unexpected defeat on Monday had changed their minds and would vote in favor of the revised legislation, more than the dozen needed. Officials said changes made to the measure had sparked a far smaller number of defections among previous supporters. pI'm optimistic about today. We're not going to take anything for granted but it's time to act, said House Republican Leader John Boehner of Ohio. pI think it will pass, agreed Rep. Jim Clyburn, the chief Democratic vote-counter, as debate unfolded in the House chamber. pThe Senate passed the measure earlier in the week on a bipartisan vote of 74-25. pNo matter what we do or what we pass, there are still tough times out there. People are mad -- I'm mad, said Republican Rep. J. Gresham Barrett of South Carolina, who opposed the measure the first time it came to a vote. Now, he said, We have to act. We have to act now. pRep. John Lewis, D-Ga., another convert, said, I have decided that the cost of doing nothing is greater than the cost of doing something./p |
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Ex-Attorney Loses Bid to Access Legislator's Records
Lawyer World News |
2008/10/01 07:18
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The Ohio Supreme Court denied a retired lawyer's request for access toa state legislator's e-mails, text messages and correspondence.
nbsp; nbsp; JeffreyGlasgow sought a writ of mandamus for access to the correspondence ofRep. Shannon Jones, because he was concerned about the effects of OhioHouse Bill 151 on his public-employee pension.
nbsp; nbsp; The bill would require public investors to divest holdings in companies that do certain business in Iran or Sudan.
nbsp; nbsp; The state Supreme Court ruled that Glasgow's request was overly broad.
nbsp; nbsp; Glasgow'smerit brief focused on e-mails and text messages. Therefore, thejustices disqualified correspondence. Text messages were alsodisqualified because they do not document work-related matters.
nbsp; nbsp; SinceJones has already delivered the 26 e-mail messages pertaining to HouseBill 151, the justices ruled that Glasgow's request is moot. |
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Homeowner Get 122K in Hidden Cash, Court Says
Lawyer World News |
2008/09/30 07:10
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The $122,000 cash that an electrician found hidden in a ceiling belongs to the woman who bought the home, not the seller's estate, the Oregon Court of Appeals ruled.
Helen Sollars bought a home from the estate of Helene Valoff in Milwaukie, Ore. An electrician found the money more than a year after the purchase.
The trial court ruled that the city should release the disputed money to the estate, because the real estate transfer was not intended to include the money.
Judge Ortega disagreed, citing the language the estate was required to remove personal property and leave other items. So, when the estate left Sollars the refrigerator, stove, and window coverings, it also left her the money.
Nothing in the requirement that the estate remove all personal property provides any exception based on the parties' knowledge of such property, Ortega wrote. |
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