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Friday November 3, 2006

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TODAY'S Legal News STORIES - November 3, 2006
 

TOP STORIES

Murder Charges For Wildfire Suspect Investigators filed arson
and murder charges against a man in a Southern California wildfire that killed five
firefighters. Raymond Lee Oyler is accused of setting the massive blaze that scorched
more than 60 square miles. More...

    

Watch: Wildfire Arrest Made

• Sheriff Finds Himself On Wrong Side Of Law
• Three More 9/11 Victims ID'd
• Bush Rallies GOP Faithful | Watch

U.S.3 Bodies Found In Drainage Pipe Police found the
bodies of a woman and two other adults inside a drainage pipe near a public
housing complex and said all appear to have been killed during the night.
Authorities had trouble reaching the bodies in the 3-foot-wide pipe. More...


• Missing Indiana Girl Found Dead
• Three More 9/11 Victims ID'd
• Feds: 'Worst Of The Worst' Corralled
• More Stories

WorldU.S. Commander Retires Over Abu Ghraib The U.S.
Army commander who was in charge of all U.S. forces in Iraq during the
Abu Ghraib prison abuse scandal has retired, saying senior officers refused
to let him advance his careers after the scandal. More...


Watch: Tension Between Iraq and U.S.


• U.K. To Ease Liquid Carry-On Flight Rules
• Arab World Debates The Veil
• Translating Azerbaijan's Oil Into Reform
• More Stories

PoliticsWill Anger At Congress Sway Voters? Heading into
the midterm elections, public approval of Congress is at its lowest level in
over a decade. But what effect, if any, will that have on how Americans vote? More...


Watch: Sluggish Support For Bush


• Republicans In Uphill Slog In Colorado
• Requiem For Moderate Republicans?
• This Column Is Crooked, Sleazy & Sick | Watch
• More Stories

HealthWomen Sue Maker Of Birth Control Patch The maker
of a popular birth-control patch is being sued by more than 40 women who say
Ortho Evra caused serious illnesses and at least one death. More...


Watch: Patch Birth Control Warning

 
9th Circuit Dissent Goes to Nth Degree
The Recorder

Could there be a greater temperamental -- and ideological -- canyon than the one between 9th Circuit Judges Stephen Reinhardt and Jay Bybee? The former was being called a liberal activist judge years before Bybee considered signing the now-infamous 2002 Bush administration torture memo. Combine those differences with some methamphetamine, heavy metal and murder, and you've got the makings of a good case -- and an especially colorful 43-page dissent.
 
   
 
 
Duane Morris' Conflict Fight Has Broad Reach
Fulton County Daily Report

A ruling expected soon from a Georgia judge could have far-reaching consequences for corporate attorneys and their clients. At issue in the multimillion-dollar dispute is medical service provider McKesson Corp.'s demand that Duane Morris, which in May signed on as outside counsel to two McKesson affiliates in a Pennsylvania bankruptcy case, cease its representation of a couple involved in unrelated arbitration proceedings in Atlanta against a third McKesson entity.
 
   
 
    
     November 2, 2006

TOP STORIES
Poll: Dems Carry Big Pre-Election Lead
Democrats hold a 52-34 percent lead over Republicans one week before the midterm
elections, according to a CBS News/New York Times poll. Women and independents
heavily favor the Democrats, while Iraq remains the campaign's top issue. More...


INSIDE U.S.
Evangelist Resigns Amid Sex Allegations
Evangelical Leader And Same-Sex Marriage Opponent Accused Of Paying For Sex With Man
 
• Feds: 'Worst Of The Worst' Corralled
• 3 Bodies Found In Drainage Pipe
• Sheriff Finds Himself On Wrong Side Of Law
• More

• Did Ann Coulter Vote Illegally?
• Kerry Apologizes For Troop Remarks | Watch
• U.S. Commander Retires Over Abu Ghraib | Watch

U.S.Indictment Expected In Steroids Probe
Track coach Tevor Graham, who helped launch a three-year federal probe of steroid
use by athletes, is expected to be charged as soon as Thursday, according
to two Justice Department officials. More...

    
    

• Is The Risk Of Amniocentesis Overrated?
• Chemo Combo May Beat Breast Cancer
• Top Cop Ousted Over 'Jelly Bellies' Memo
• More Stories

SciTechHigh-Tech Voting Raises Election Anxiety Hundreds of counties are re-training poll workers to run electronic, touch-screen voting machines. But there are concerns over security and technical support, and the paper printouts that are critical in any recount, Armen Keteyian reports. More...

    
    
Politics
  • Kerry Sorry for 'Stuck in Iraq' Remarks
  • S.D. Struggles With Its Own Page Scandal

    Personal Injury
  • NYC to Hire Experts in Sept. 11 Search
  • Amnesia Victim Still Has No Memories

    Product Liability
  • Women in U.S. sue companies over popular birth control patch

    Immigration
  • Canada grants asylum to 54 Palestinians who fled Iraq to Jordan two years ago

    Cyberspace Law
  • The Trademark Dilution Revision Act
  • Children of New York state mother accused of pirating music are sued themselves
    November 2, 2006
  • Legal Commentary
  • Hamilton: Can Religion-Affiliated Organizations Opt Out of Laws Mandating that If Their Employee Health Insurance Covers Prescription Drugs, It Must Also Cover Contraception?

    Business
  • Ex-Computer Associates CEO Gets Prison
  • Blockbuster narrows its loss in the 3rd quarter despite weak DVD releases; shares soar

    International Law
  • White House accuses Syria, Iran of planning to undermine or overthrow Lebanese government
  • Ex-Mexican Drug Czar Faces More Charges

    War on Terrorism
  • Detainees' lawyers ask appeals court to overturn new U.S. military trials law
  • Alleged terrorist mastermind languishes in British legal limbo November 2, 2006
  •     
         September 12, 2006
    September 12, 2006  
    •  A Nation Remembers
    The nation observed the fifth anniversary of the Sept. 11 attacks with moments of silence timed to mark the World Trade Center jetliner crashes and quiet commemorations held around the country.  More...


    •  About That 'Hole In The Ground'
    •  Florence Knocks Out Power In Bermuda
    •  Palestinians Agree To Coalition
    •  20 Iraqis Killed In Baghdad Attacks

      September 12, 2006
    Dismissed Partner Sues Holland & Knight for Fraud, Age Bias
    New York Law Journal

    Ex-partner John K. Weir is suing the 1,300-lawyer firm Holland & Knight in Manhattan federal court, claiming he was fired because of his age and because he raised questions about the "disappearance" of $5 million the firm was awarded in 1999 for a class action representation. Among the 11 counts in Weir's suit: breach of contract, breach of fiduciary duty, fraud, civil claims under RICO based on the alleged $5 million misappropriation -- and age discrimination.
     
       
        
    GC Ann Baskins Faces the Eye of the HP Storm
    The Recorder

    Ann Baskins has spent almost her entire career at Hewlett-Packard, and has been GC for the past six years. Now she's very near the center of a growing storm over the boardroom investigation at the computing giant. Newspaper stories detailing the crisis place Baskins at several key junctures in the ongoing saga questioning the investigative techniques used concerning press leaks by board members. Though the drama has yet to play out, there are already calls, in some quarters, for Baskins to be fired.
    September 12, 2006
       
     
    Disclosure a Key Question in HP Spat
    The American Lawyer

    Hewlett Packard counsel Larry Sonsini said that though he told the company after the fact that the controversial "pretexting" practice it engaged in to gain access to phone records was "within legal limits," he was relying on the opinion of an in-house lawyer. While pretexting may be outside the scope of practice for a corporate lawyer, securities laws governing the disclosure of board activities aren't. For that reason, the aftermath of Tom Perkins' resignation from HP's board raises perplexing questions.
    September 12, 2006
       
     

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    September 12, 2006


    Politics
  • On anniversary, Bush tours 9/11 sites
  • U.S. Senate majority leader and two other senators visit Guantanamo

    Civil Rights
  • Fight 93 families gather at crash site to commemorate anniversary
  • Protesters Hang Bin Laden in Effigy

    Personal Injury
  • 2 Skydivers Fall to Their Deaths in N.J.

    Iraq
  • Saddam Hussein tells countrymen to feel no guilt over crushing Kurdish insurgency
  • Mini bus explodes at Iraqi army recruiting center in central Baghdad to kill at least 16, wounding at least seven
  • Legal Commentary
  • Mariner: Bush's "Alternative" Set of Interrogation Procedures for Detainees

    Business
  • No Word on Dunn's Fate From HP's Board
  • Dell to delay filing quarterly report due to ongoing accounting investigation

    International Law
  • World remembers Sept. 11 with memorials and renewed determination against terror
  • Council of Europe criticizes anti-terror methods, says world no safer 5 years after Sept. 11

    War on Terrorism
  • Nation Marks 9/11 Fifth Anniversary
  • U.S. safer since Sept. 11 attacks, but not completely safe from attack, Rice says
  •      September 12, 2006
         Legal News STORIES - September 10, 2006
    September 10, 2006  
    •  Atlantis's Launch Was 'Really Clean'
    After two frustrating weeks of delays, space shuttle Atlantis and its six astronauts blasted off on a mission to resume construction of the international space station for the first time since the Columbia disaster 3 1/2 years ago.  More...


    •  N.Y. Fugitive Has Court Hearing
    •  Iraq, Iran To Hold Talks
    •  Missing Air Force Major Found Alive
    •  Is Mullah Omar Living In Pakistan?

    September 10, 2006 • Section Front
    •  Saudi Students Pour Into U.S. Colleges
    Thousands of students from Saudi Arabia are enrolling on college campuses across the United States this semester under a new educational exchange program brokered by President Bush and Saudi King Abdullah.  More...


    •  Garbage Problem? Vaporize It.
    •  Army Meets Goals With Signing Bonuses
    •  Woman Kills Intruder With Bare Hands
    •  N.Y. Fugitive Has Court Hearing

    September 10, 2006 • Section Front
    •  Is Mullah Omar Living In Pakistan?
    Pakistan on Saturday denied an international media report that Taliban chief Mullah Omar, who is on the U.S. most wanted list, is living in Pakistan.  More...


    •  Notebook: Pope Makes German Visit
    •  American Journalist Released In Sudan
    •  Pakistan's Nuke Founder Has Surgery
    •  Tight Security For Shiite Gathering

    September 10, 2006 • Section Front
    •  Bush, Dems Debate Post-9/11 Safety
    The president and the Democrats both focused on 9/11 in their weekly radio adresses. Mr. Bush argued for Congress to authorize military commissions to prosecute alleged terrorist, while Rep. Sherrod Brown, D-Ohio, said the U.S. remains unsafe.  More...


    •  Chertoff: Congress Must Up Security
    •  Schwarzenegger Sorry For Latino Remark
    •  Report: No Proof Of Qaeda-Saddam Link
    •  ABC Defends 9/11 Miniseries

    September 10, 2006 • Section Front
    •  50 Cent Ticketed In New York
    Maybe 50 Cent was in a hurry to get to the 'Candy Shop' when he made an unsafe lane change in Manhattan on Friday. Police ticketed the rapper for various minor offenses.  More...


    •  Second Cup Cafι: Derek Trucks Band
    •  Lindsay Lohan's Bag Found
    •  Pitt Talks Marriage In New Interview
    •  A Week Of Lights, Camera, & Action

            September 10, 2006
         September 10, 2006
    Politics -   September 10, 2006
  • Bush plans prime time address on Sept. 11
  • Where are they now? Sept. 11 figures five years later

    Civil Rights
  • 3 white students removed from Louisiana school; were accused of putting nooses in tree

    Personal Injury
  • Lawmakers meet in New York to discuss Sept. 11 health problems

    Product Liability
  • J&J unit commissions safety test of heart failure drug
  • US judge finds promotions for bone drug Boniva are fair

    Immigration
  • U.S. lawmakers drafting new border security package that closes door to immigration  compromise
  • Movie tells tale of immigrant New York pushcart vendors
  • Legal Commentary
  • Dean: Why Are We Suddenly At War With "Islamic Fascists"? A Neologism that Signals a Change in Strategy As Elections Near
  • Mak: "Free" And Legal Downloads: Are Ad-Supported Music Subscription Services Like SpiralFrog The Answer To An Ailing Industry?

    Business
  • California attorney general says HP tactics violate state laws; unclear who to prosecute
  • Judge Halts Petroleum Lease Sales

    International Law
  • Mafia mobster arrested in London after more than 10 years on the run
  • EU says French plan to keep "golden shares" in Suez-GDF appears legal

    War on Terrorism
  • Judge rejects Padilla bids to suppress evidence, statements
  • Police terror experts: New York City remains a ripe target  
  •      Legal News STORIES - September 9, 2006
     
    •  Police Close In On Cop Killer Suspect
    Police say they may have "Bucky" Phillips, the fugitive suspected of killing a state trooper, contained in an area near the New York-Pennsylvania border. Cops fired shots at a man believed to be Phillips this morning, sparking a massive manhunt.  More...


    •  9/11 Victim's Dad Skewers Congress
    •  Report: No Proof Of Qaeda-Saddam Link
    •  Space Shuttle Launch Postponed
    •  Kabul Car Bomb Kills At Least 16

    • Section Front
    •  9/11 Victim's Dad Skewers Congress
    The father of a New York police detective who died after breathing in dust at ground zero told lawmakers that the government has spent too much time studying the health problems that killed his son.  More...


    •  Insider: EPA Lied About WTC Air
    •  Police Close In On Cop Killer Suspect
    •  Iran's Ex-President Visits Washington
    •  Space Shuttle Launch Postponed

    • Section Front
    •  FDA: Red Cross Broke Blood-Safety Laws
    The Food and Drug Administration said it was fining the American Red Cross $4.2 million for violating blood-safety laws. The violations include failing to ask appropriate questions of potential donors and not following test procedures.  More...


    •  Cancer's Genetic Code Cracked
    •  9/11 Victim's Dad Skewers Congress
    •  Awareness Found In Vegetative Patient
    •  Some Parents Question Cancer Vaccine

    • Section Front
    •  Google Seeks Middle Ground On Privacy
    Google may have set a legal precedent when it forced Brazil to go through the U.S. court system in a battle for personal user information.   More...


    •  Evangelicals, Environmentalists Unite
    •  Space Shuttle Launch Postponed
    •  Second Online Gambling Official Busted
    •  Xanga.com Settles With FTC For $1M



    Labor and Employment
  • Company Settles Katrina Workers' Suit
  • US aviation agency cracks down on air controllers who nap during break time

    Environment
  • Former BP executive declines to testify as lawmakers grill company over Alaska pipeline spill
  • Rio Grande Levees Need Massive Repairs

    Cyberspace Law
  • Amazon.com launches long-awaited TV, movie download service
  • Web site aims to be depository of Pearl Harbor survivor memories

    Telecommunications
  • FortuNet wins state board approval to be mobile gambling operator
  • Court slows FCC in enforcement of tougher indecency guidelines
  • Crime & Trials Iraq
  • U.S. soldier killed by roadside bomb in Iraq
  • Al-Arabiya says police arrive at Baghdad offices to close Arabic satellite network

    Crime & Trials
  • Guardian Angels founder testifies at 'Junior' Gotti retrial
  • 11-year-old girl sexually assaulted by as many as 20 boys as older girl supervises, police say

    Entertainment
  • ABC says criticism of miniseries on Sept. 11 is 'premature' after Clinton officials object
  • CBS, David Letterman sign pact to stay in late-night business together for 4 more years

    Sports
  • IAAF concerned over Chinese doping reports
  • Amid retirement speculation, Schumacher still a force - on the soccer pitch
  •      Legal News STORIES - September 8, 2006
    September 8, 2006  
    •  Video Shows Bin Laden, 9/11 Hijackers
    Al-Jazeera TV has aired what it calls previously unseen footage of al Qaeda chief Osama bin Laden meeting with some of the Sept. 11 hijackers. The network also broadcast what is believed to be the first tape from the new leader of al Qaeda in Iraq.  More...


    •  9/11 Special Angers Clinton Officials
    •  Blair To Step Down Next Year
    •  Terror Trials Worry Pentagon Lawyers
    •  Iraqis Take Charge Of Armed Forces

    September 8, 2006 • Section Front
    •  Arrest In Phoenix 'Baseline' Probe
    Police investigating eight serial killings blamed on the "Baseline Killer" have arrested a man for two sexual assaults connected to the case. In all, there have been 23 crimes connected to the case.  More...


    •  Meet Midge, A 7-Pound Police Dog!
    •  Second Online Gambling Official Busted
    •  Poll: Many Americans Feel Less Safe
    •  3 Of 4 Maine B&B Victims Dismembered

    September 8, 2006 • Section Front
         September 8, 2006
    •  Former EPA Head Blames NYC Officials
    Former EPA head Christine Todd Whitman tells Katie Couric the agency didn't have the authority to force ground zero workers, many of whom are now sick, to wear respirators — but says the City of New York did.  More...


    •  China Enters Bird Flu Vaccine Race
    •  Is Chemo Worth It? New Test May Tell
    •  Progress Vs. Serious Pregnancy Ailment
    •  A Teen Who Sees With Sounds
     

    September 8, 2006 • Section Front
    •  Facebook Under Fire For New Feature
    The operators of the online hangout Facebook wanted to help users save time by highlighting changes their friends make to their personal profile pages. Instead, the feature has drawn complaints, and thousands of users have threatened a boycott.  More...


    •  Stem Cell Claim Draws Fire In Senate
    •  Second Online Gambling Official Busted
    •  'Intersex' Fish Spark Pollution Debate
    •  Friday Launch Possible For Atlantis

    September 8, 2006 • Section Front
    •  Torturing The Truth
    CBSNews.com's Dick Meyer says President Bush's declaration to Katie Couric that the United States doesn't torture prisoners is beyond doublespeak and above spin. It's a lie.  More...


    •  The Facebook Rebellion
    •  Good Intentions V. The 14th Amendment
    •  Better Late Than Never
    •  No Extra Charge For UFOs And Aliens

        
      September 8, 2006
    No Happy Ending for Net Movie Renters
    The National Law Journal

    The legal clash between Blockbuster and Netflix presents a crucial question: Is the concept of renting movies over the Internet an original idea that deserves patent protection? Netflix says yes. Blockbuster not only disagrees, it has countered with antitrust claims, also alleging that Netflix obtained its patents fraudulently by failing to disclose pertinent information to the U.S. Patent and Trademark Office. On Aug. 22, a federal judge in San Francisco allowed Blockbuster to pursue its claims.
    September 8, 2006
       
     
    Former Justice Officials Critical of Thompson Memo Policy
    Legal Times

    A bipartisan group of 11 former senior Justice Department officials has written AG Alberto Gonzales to protest the government's tactics in investigating corporate wrongdoing. Singled out for criticism are Justice Department policies outlined in the 2003 Thompson memo -- named for former Deputy AG Larry Thompson -- encouraging prosecutors to demand that companies under scrutiny waive the attorney-client privilege in return for more lenient treatment from government investigators.
     
       
      September 8, 2006
    3rd Circuit Reverses Itself on Groundbreaking Sex Discrimination Ruling
    The Legal Intelligencer

    In a judicial about-face, the 3rd Circuit has reversed itself and upheld a lower court's dismissal of sex discrimination claims against Gannon University, a Catholic diocesan college in Pennsylvania, brought by a former chaplain who said she was ousted from her post only because she is a woman. The court vacated a groundbreaking opinion authored by the late Judge Edward R. Becker that had revived the lawsuit and rejected the university's defense under the "ministerial exception" to Title VII.
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    September 8, 2006
       
      September 8, 2006
    Is Time Ripe for 'Dr. Miles' to Fall?
    Legal Times

    The Supreme Court has moved closer toward re-examining one of the biggest and hoariest precedent