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Contact the
NCADA
3700 National Drive
Ste 212
Raleigh, NC 27612
Phone: 919-239-4463
Tollfree: 1-800-233-2858
Fax: 919-677-0761
 info@ncada.org |
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> Gulf Coast Residents File Personal Injury Suit Over Oil Dispersant
The first personal injury lawsuit involving the chemical dispersant Corexit 9500 has surfaced in Alabama federal court, where two Gulf Coast residents and property owners claim BP has dumped millions of gallons of toxic chemicals into the Gulf of Mexico to disperse and sink crude oil. The plaintiffs allege one method of applying Corexit 9500 -- spraying it from airplanes in the middle of the night -- has caused Gulf Coast residents to suffer breathing and gastrointestinal problems, as well as property damage.
> Former Morgan Crucible CEO Found Guilty of Conspiracy to Obstruct Justice
Federal prosecutors are hailing the conviction of a former British
executive as a signal to corporate leaders to shape up. A federal jury
in Philadelphia on Tuesday convicted Ian Norris, the former CEO of The
Morgan Crucible Co., of conspiring with others to obstruct justice in a
federal investigation of price fixing in the carbon products industry.
Norris faces a maximum penalty of five years in prison and a $250,000
fine. Norris battled against extradition to the U.S. for nearly six
years.
> Judge OKs Law Requiring Pornographers to Keep Age Records
A Philadelphia judge has refused to strike down amendments to the federal Child Protection and Obscenity Enforcement Act that require photographers and filmmakers -- professional or amateur -- to keep records verifying the age and identity of anyone depicted in a sexually explicit film or photo. The judge concluded the law was narrowly tailored to combat child pornography and any constitutional challenge should be analyzed under an "intermediate scrutiny" test rather than strict scrutiny because the law is "content-neutral."
> Use dtSearch Publish for EDD Production
If you lack the ability or budget to create load files suitable for e-discovery review, or the intended recipient does not have the facilities for document review, dtSearch Publish can create in five easy steps a production set that can be viewed by anyone, says consultant Bruce A. Olson.
> Arizona Governor Vows to Appeal Immigration Ruling
Arizona is preparing to ask an appeals court to lift a judge's ruling that put most of the state's immigration law on hold in a key first-round victory for the federal government in a fight that may go to the U.S. Supreme Court. Gov. Jan Brewer called Wednesday's decision by U.S. District Judge Susan Bolton "a bump in the road" and vowed to appeal. The governor?s spokesman said Arizona would ask the 9th U.S. Circuit Court of Appeals in San Francisco later Thursday to lift Bolton's preliminary injunction and to expedite its consideration of the state's appeal.
> Ponzi Schemer Bankruptcy Trustee Sues Florida GOP for Donations Payback
> Congress Passes Bill to Cut Federal Sentences in Crack Cocaine Cases
Lawmakers on Wednesday gave final approval to a bill that would reduce the long-standing disparity between federal sentences for crack and powder cocaine distribution. For years, critics have blasted the distinction between crack and cocaine sentencing as having a disproportionate impact on African-American men; 5 grams of crack triggers a mandatory five-year sentence while it takes 500 grams of cocaine to trigger the same sentence. The 100-to-1 ratio would be reduced to 18-to-1 under the legislation.
> Insurers Off the Hook in Baby Bottle Class Action
The 7th Circuit has determined that insurers for a seller of sippy cups, baby bottles, nipples and other plastic products had no duty to defend the company in a multidistrict class action. Finding that the insurers were not responsible for defending Avent America in a so-called no-injury class action, a panel ruled that the lawsuit alleged only economic damages that Avent's insurance didn't cover. The insurance law issue appeared to be one of first impression for the federal appeals courts.
> Non-Client Can't Attack Joint Representation, Court Rules
Non-clients have no standing to disqualify attorneys from jointly representing others, a California appeals court ruled Tuesday, despite a federal trial court ruling that seemed to suggest otherwise. The ruling reverses a trial court's disqualification of Calabasas, Calif., attorney Bruce Graham and his firm, Graham & Associates, from representing clients with some allegedly opposing interests in a libel and breach of contract suit.
> Sonnenschein Settles Fee Dispute With Ex-Client Who Lost Money With Madoff
A former Sonnenschein Nath & Rosenthal client who fell victim to Bernard
Madoff has agreed to pay $650,000 to settle a fee dispute with the law
firm. The settlement is about 20 percent less than what Sonnenschein had
originally sought from Elaine Stein, whom the firm had represented in a
dispute with one of her sons over control of her assets. A deal in the
underlying dispute was unexpectedly knocked off course after Madoff's
arrest and the implosion of his massive Ponzi scheme.
> Sexual Harassment Trial Pits Paralegal Against Calif. Lawyer
Lawyer Thomas Ostly and a former paralegal at his firm are battling each other in a contentious California jury trial. Allison Moreno claims that Ostly fired her when she refused to continue a sexual relationship with him. At trial Tuesday, Moreno sought to make the most of Ostly's odd decision to personally depose her. One observer said it was highly unusual for an accused attorney to take part in deposing the plaintiff in a sex harassment case and risks opening the gates to a major punitive damages award.
> N.Y. Governor Committed No Crimes in Response to Assault Accusation Against Aide, Says Judge
New York Gov. David Paterson committed no crimes but showed a lack of judgment when he contacted a woman who had accused one of the governor's top aides of domestic violence, retired Chief Judge Judith Kaye concluded in a report released Wednesday. Tasked by state Attorney General Andrew Cuomo with examining Paterson's role in the alleged assault by Paterson's friend and aide David Johnson last October, Kaye said the governor's actions did not constitute witness tampering.
> N.J. Fee-Shifting Rule Held Applicable to Out-of-State Coverage Disputes
A New Jersey court rule that allows insureds who prevail in coverage disputes to recover legal fees applies even when that litigation takes place out of state, the New Jersey Supreme Court has held. But a dissenting justice called the majority's holding "an unwarranted and unwise extension" of the rule, asking "what will keep a plaintiff, any plaintiff, from litigating its insurance coverage questions elsewhere and, once successful, then coming to New Jersey to take advantage of this specific fee-shifting rule?"
> Hughes Hubbard Bolsters Antitrust Practice
Hughes Hubbard & Reed on Tuesday said it has added an antitrust partner from Howrey in New York. The hiring of Ethan Litwin will allow Hughes Hubbard to expand in antitrust and add support to what the firm said is a growing international transactional practice. Hughes Hubbard also announced it has hired Washington, D.C.-based aviation finance lawyer Steven Chung as a partner from Milbank, Tweed, Hadley & McCloy, where he had been a senior associate.
> Dewey & Leboeuf's Silicon Valley Office Loses Managing Partner to Kaye Scholer
Dewey & LeBoeuf's Silicon Valley office is losing managing partner Barbara Caulfield and two other patent litigators, Michael Malecek and Peter Root, to Kaye Scholer. Kaye Scholer's office managing partner William Coats said he expects a number of Dewey associates to eventually join the trio.
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