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Prosecutors to court: Get on with Jefferson trial
Headline News |
2008/12/26 09:13
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| Federal prosecutors are urging an appeals court to get on with Rep. William Jefferson's corruption trial, saying his appeal to the Supreme Court does not have enough chance of success to justify further delays.pJefferson. D-La., was indicted on bribery charges after agents found $90,000 in his freezer. He has pleaded not guilty and his lawyers argue that his trial should be delayed pending his appeal to the U.S. Supreme Court./ppJefferson argues that the charges are invalid because a grand jury got access to information about his actions as a member of Congress. That, Jefferson claims, runs afoul of a constitutional clause that shields members of Congress from civil or criminal action stemming from the performance of their legislative duties./ppBut in a brief filed this week in Richmond, Va., with the 4th U.S. Circuit Court of Appeals, prosecutor Mark Lytle said delaying the trial would cause further prejudice, or harm, to the government's case against the nine-term congressman. The government brought the charges 18 months ago./ppJefferson, Lytle wrote, has not shown the required reasonable probability of success with the high court on the merits of his case./p |
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Court reinstates clean air rule during EPA fix
Topics |
2008/12/24 09:14
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| In a ruling hailed by environmentalists, a federal appeals court on Tuesday reinstated one of President George W. Bush's clean air regulations while the Environmental Protection Agency makes court-mandated changes.pIn July, the U.S. Appeals Court for the District of Columbia Circuit threw out the Clean Air Interstate Rule, which required 28 mostly Eastern states to reduce smog-forming and soot-producing emissions that can travel long distances in the wind./ppThe court said the EPA overstepped its authority by instituting the rule, citing more than several fatal flaws in the regulation. However, a three-judge panel decided to reinstate the rule while the EPA develops a new clean air program./ppJudge Judith W. Rogers said allowing the country to go without the protection of CAIR while the EPA fixes it would sacrifice clear benefits to public health and the environment./ppThe judges did not give EPA a deadline to come up with new regulations, but warned the agency that this decision is not an indefinite stay of its July ruling./ppThe Environmental Protection Agency had predicted that the Clean Air Interstate Rule would prevent about 17,000 premature deaths a year by dramatically reducing sulfur dioxide and nitrogen oxide emissions. In addition, the EPA said the rule would save up to $100 billion in health benefits, eliminate millions of lost work and school days and prevent tens of thousands of nonfatal heart attacks./p |
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Clayton State Alumna, Katie Fagan, joins SWB
Uncategorized |
2008/12/23 14:57
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Smith, Welch amp; Brittain LLP, Attorneys at Law is proud to announce that Katie Fagan, a Clayton College amp; State University graduate has joined our firm as an associate. Ms. Fagan graduated cum laude from the Mercer University, Mercer University’s Walter F. George School of Law in 2008.
Mrs. Fagan began interning for Smith, Welch amp; Brittain in the summer of 2006. She is a member of the Georgia Bar Association, the Henry County Bar Association, the Georgia Association of Women Lawyers and also coaches for the Eagle’s Landing High School Mock Trial team.
Smith, Welch amp; Brittain, LLP was established in McDonough in 1873. The firm currently operates offices in McDonough, Stockbridge, Jackson and Barnesville. SWB includes 20 attorneys and more than 50 support staff. |
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SIROTE'S DAN BURNICK LAUNCHES EMPLOYMENT BLOG
Firm News/Alabama |
2008/12/23 11:16
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Birmingham, Alabama — Sirote amp; Permutt Shareholder Daniel J. Burnick has launched the Alabama Employment Law Report , a blog discussing current issues in employment and labor law, with a particular emphasis on the state of Alabama. Mr. Burnick's blog is the first such online resource being offered in Alabama. Mr. Burnick is resident in Sirote's Birmingham office and is the former chair of the firm's Labor amp; Employment Practice. Initial blog entries have covered such topics as behavior at holiday office parties, military leave and the Family Medical Leave Act, sexual misconduct, and recent changes in the Americans with Disabilities Act.
Mr. Burnick will post entries on a a regular basis . To visit the Alabama Employment Law Report blog , go to a href=http://www.alabamaemploymentlawblog.comhttp://www.alabamaemploymentlawblog.com/a |
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Alamo seeks removal of religious language in suit
Court Watch |
2008/12/23 09:16
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| A lawyer for jailed evangelist Tony Alamo asked a federal court Tuesday to remove religious references from a lawsuit against his client, saying they have the potential to draw the court into theological debate to decide the case.pJohn Hall of Little Rock said in a court filing that claims made by two former members of the Tony Alamo Christian Ministries were based on religious beliefs and not matters for argument in a court of law./ppHall gave as examples claims that Alamo engaged in practices to intimidate church members by withholding food, marrying young girls and performing severe beatings. Hall said Alamo's defense to each of these allegations was based largely on the Bible, and the filing cites numerous biblical passages./ppAll of these fall within the ambit of defendant's religious beliefs, the filing says./ppThe suit, filed Nov. 25 in federal district court at Texarkana, claims that Seth Calagna and Spencer Ondrisek were beaten and subjected to abuse as teenagers in the church. The suit says the former church members, now adults, suffered physical pain, emotional distress, scarring and disfigurement. It seeks more than $75,000 in damages./p |
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MLF Keychain Breathalyzer Designed to Make You Think Before You Take That Next Holiday Drink
Firm News/Arizona |
2008/12/22 11:58
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Scottsdale, AZ – The Maasen Law Firm (MLF) has the perfect gift for those who like to imbibe during the holidays: the MLF Keychain Breathalyzer. Alcohol intoxication is legally defined by the blood alcohol concentration (BAC) level and in Arizona, a state with one of the toughest DUI laws in the nation; the legal limit is 0.08 percent. With a simple breath test, the MLF Keychain Breathalyzer immediately indicates a drinker's level of intoxication: a green light signals alcohol level under 0.02 percent; yellow light for over 0.02 percent; and red for over 0.05 percent. According to the American Medical Association, alcohol causes impairment at BAC of 0.05 percent and above.
The unique key ring alcohol breath testers are available on the Maasen Law Firm website (www.maasenlaw.com) for only $10, a small investment when compared to the average cost of a first-time DUI. According to Arizona's DUI task force, first-time offenders can expect to pay about $3,200, including fines, fees and jail costs – not to mention the installation of an ignition interlock system and attorney fees.
Our message is simple and clear – drink responsibly and know your level of impairment, notes Scott Maasen, Founder of the firm that is AV® rated; the highest possible rating by Lexis Nexis Martindale-Hubbell®. The MLF Keychain Breathalyzer is a fun way to increase the serious issue of DUI awareness, especially during this season of holiday parties.
The tougher DUI laws seem to be working. According to the National Highway Traffic Safety Administration, approximately 13,000 deaths involved motorists with a blood alcohol content at or above the .08% legal limit for intoxication. That is about a 4% drop from last year's total of nearly 13,500. Arizona drunk driving fatalities have dropped by 63 deaths.
Since September 26, all persons in Arizona convicted of extreme DUI (.150 or more) will have to serve a minimum of 30 consecutive days in jail. The Judge no longer has the power to suspend any of the 30-day sentence.
If you're over the limit, expect the max, warns Sheriff Joe Arpaio. Knowing your level with a green, yellow or red light may save your life, or that of a loved one – and it may also keep you from wearing pink in Tent City. |
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