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Archive for March, 2010

Immigrant wins case over bad legal advice

Wednesday, March 31st, 2010

By Breaking Legal News, Breaking Legal News.

The Supreme Court ruled on Wednesday that an immigrant's legal right to effective counsel was violated when his attorney mistakenly told him he could plead guilty to drug charges without being deported.

The 7-2 decision was a victory for Jose Padilla, a native of Honduras who has lived in the United States for more than 40 years as a legal permanent resident. Padilla, a Vietnam War veteran, never became a U.S. citizen.

Immigrant rights advocates have said the ruling could potentially affect thousands of immigrants every year.

Padilla pleaded guilty in 2002 to marijuana trafficking charges in Kentucky after his attorney mistakenly assured him he would not face deportation. The federal government then began proceedings to deport Padilla because drug trafficking was one of the crimes which results in mandatory deportation.

Padilla, a truck driver, sought to withdraw his guilty plea and he claimed ineffective assistance of counsel that violated his constitutional rights.

The Kentucky Supreme Court ruled against Padilla. It said that criminal lawyers have no duty to advise their clients about all possible consequences of a guilty plea, including immigration issues like deportation.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Immigrant wins case over bad legal advice

Wednesday, March 31st, 2010

By Breaking Legal News, Breaking Legal News.

The Supreme Court ruled on Wednesday that an immigrant's legal right to effective counsel was violated when his attorney mistakenly told him he could plead guilty to drug charges without being deported.

The 7-2 decision was a victory for Jose Padilla, a native of Honduras who has lived in the United States for more than 40 years as a legal permanent resident. Padilla, a Vietnam War veteran, never became a U.S. citizen.

Immigrant rights advocates have said the ruling could potentially affect thousands of immigrants every year.

Padilla pleaded guilty in 2002 to marijuana trafficking charges in Kentucky after his attorney mistakenly assured him he would not face deportation. The federal government then began proceedings to deport Padilla because drug trafficking was one of the crimes which results in mandatory deportation.

Padilla, a truck driver, sought to withdraw his guilty plea and he claimed ineffective assistance of counsel that violated his constitutional rights.

The Kentucky Supreme Court ruled against Padilla. It said that criminal lawyers have no duty to advise their clients about all possible consequences of a guilty plea, including immigration issues like deportation.

Originally posted at Breaking Legal News. Please visit http://breakinglegalnews.com/.

Lovells law firm to shut down its Chicago office

Wednesday, March 31st, 2010

By Breaking Legal News, Breaking Legal News.

The Lovells law firm plans to close its Chicago office by the end of October, sending 22 lawyers and 25 other employees scrambling to find work.

The London firm is set to merge with Washington-based Hogan & Hartson on May 1, creating one of the world's largest law firms with $1.8 billion in revenue and 2,500 lawyers in 40 offices. But the new firm, to be called Hogan Lovells, will not have a presence in Chicago.
Lovells said it decided to exit the city after 15 years because the performance of the Chicago office has declined in recent years.

In a statement Tuesday, David Harris, Lovells managing partner, said: "[The reinsurance market] is an area which has seen changes in work patterns and the office has been affected by a number of significant conflict situations. Despite the best efforts of partners in Chicago and elsewhere, this has had an impact on the office's overall performance in recent years and the position is not expected to change."

Conflicts and deteriorating performance had contributed to departures from the Chicago office in recent months. The office used to have more than 30 lawyers.

Yet, legal observers in Chicago said they thought the merger with Hogan would save the office. The decision to shut down was made independent of the merger, Harris said.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Lovells law firm to shut down its Chicago office

Wednesday, March 31st, 2010

By Breaking Legal News, Breaking Legal News.

The Lovells law firm plans to close its Chicago office by the end of October, sending 22 lawyers and 25 other employees scrambling to find work.

The London firm is set to merge with Washington-based Hogan & Hartson on May 1, creating one of the world's largest law firms with $1.8 billion in revenue and 2,500 lawyers in 40 offices. But the new firm, to be called Hogan Lovells, will not have a presence in Chicago.
Lovells said it decided to exit the city after 15 years because the performance of the Chicago office has declined in recent years.

In a statement Tuesday, David Harris, Lovells managing partner, said: "[The reinsurance market] is an area which has seen changes in work patterns and the office has been affected by a number of significant conflict situations. Despite the best efforts of partners in Chicago and elsewhere, this has had an impact on the office's overall performance in recent years and the position is not expected to change."

Conflicts and deteriorating performance had contributed to departures from the Chicago office in recent months. The office used to have more than 30 lawyers.

Yet, legal observers in Chicago said they thought the merger with Hogan would save the office. The decision to shut down was made independent of the merger, Harris said.

Originally posted at Breaking Legal News. Please visit http://breakinglegalnews.com/.

High court restricts whistleblower lawsuits

Wednesday, March 31st, 2010

By Breaking Legal News, Breaking Legal News.

The Supreme Court on Tuesday placed limits on existing whistleblower lawsuits alleging local governments misused federal money, in a decision that produced newcomer Sonia Sotomayor's first dissenting opinion.

But the just-enacted health care overhaul law contains a provision that changed the federal False Claims Act in a way that would appear to allow new, similar lawsuits to go forward.

The court voted 7-2 to hold that a technical, though important aspect, of the federal whistleblower law applies to local governments. One section of the law prohibits whistleblower lawsuits when public disclosure of the alleged fraud occurs through a court hearing, a news report or congressional or administrative audit.

In an opinion by Justice John Paul Stevens, the court ruled that the language on administrative audits refers to a report prepared by any government, not just a federal government document. The question had divided federal appeals courts.

Justice Sotomayor dissented, saying her colleagues "misread the statutory text" to limit whistleblower claims. Justice Stephen Breyer joined the dissenting opinion.

But, in any event, the health care legislation signed by President Barack Obama last week changed the false claims law so that it now refers specifically to federal reports. Stevens noted the change in a footnote to his opinion, but said it did not affect pending lawsuits.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

High court restricts whistleblower lawsuits

Wednesday, March 31st, 2010

By Breaking Legal News, Breaking Legal News.

The Supreme Court on Tuesday placed limits on existing whistleblower lawsuits alleging local governments misused federal money, in a decision that produced newcomer Sonia Sotomayor's first dissenting opinion.

But the just-enacted health care overhaul law contains a provision that changed the federal False Claims Act in a way that would appear to allow new, similar lawsuits to go forward.

The court voted 7-2 to hold that a technical, though important aspect, of the federal whistleblower law applies to local governments. One section of the law prohibits whistleblower lawsuits when public disclosure of the alleged fraud occurs through a court hearing, a news report or congressional or administrative audit.

In an opinion by Justice John Paul Stevens, the court ruled that the language on administrative audits refers to a report prepared by any government, not just a federal government document. The question had divided federal appeals courts.

Justice Sotomayor dissented, saying her colleagues "misread the statutory text" to limit whistleblower claims. Justice Stephen Breyer joined the dissenting opinion.

But, in any event, the health care legislation signed by President Barack Obama last week changed the false claims law so that it now refers specifically to federal reports. Stevens noted the change in a footnote to his opinion, but said it did not affect pending lawsuits.

Originally posted at Breaking Legal News. Please visit http://breakinglegalnews.com/.

Philly news lenders appeal auction bid rules

Wednesday, March 31st, 2010

By Breaking Legal News, Breaking Legal News.

Creditors trying to win control of Philadelphia's two major newspapers have asked a U.S. appeals court to reconsider a key ruling involving the upcoming bankruptcy auction.

Secured creditors are owed about $300 million by owners of The Philadelphia Inquirer and Philadelphia Daily News. They want to use that "IOU" to make a so-called "credit bid" for the company.

The auction is scheduled for April 27. A local group that includes current investor Bruce Toll, the housing company founder, and chemical company heir David Haas has made an opening $67 million bid.

A federal appeals panel issued a 2-1 decision this month that lets Philadelphia Newspapers deny creditors the right to bid with the money owed them. The lenders this week asked the full 13-judge court to hear their appeal, charging that the ruling upends decades of precedent and will disrupt the credit industry.

"The panel decision in this case represents a startling break with decades of established bankruptcy practice and a repudiation of basic principles of bankruptcy law," the creditors wrote in the 122-page motion filed Monday.

Originally posted at Breaking Legal News. Please visit http://breakinglegalnews.com/.

The Exoneration Of Ted White Jr.

Wednesday, March 31st, 2010

By Breaking Legal News, Breaking Legal News.

The Exoneration Of Ted White Jr.

Missouri State Penitentiary, known as “The Walls,” was built in 1836 and was the oldest prison west of the Mississippi River before it was condemned and closed permanently in 2004. In 1963, Time Magazine called “The Walls” the bloodiest 47 acres in America when a series of violent assaults made national headlines. It has been reported that between the years of 1963 and 1964, there were around 550 separate accounts of serious assaults, including hundreds of stabbings. It was “home” to infamous convicts like Stagger Lee, Pretty Boy Floyd, Sonny Liston and James Earl Ray. And it became home – for five long years – to a wrongfully convicted man named Ted White Jr.

Wrongful convictions occur every month, in every state in this country, and the reasons are all varied and all the same: bad police work, junk science, faulty eyewitness identifications, bad defense lawyers, lazy prosecutors, arrogant prosecutors. Our criminal justice system is supposed to err on the side of innocence, sifting the clearly guilty from those less obviously culpable. Imprisoning – or condemning – the innocent exposes a host of procedural defects in our criminal justice system. Justice must be our eternal aspiration, but we should greet skeptically those who ever claim it’s been fully achieved.

Ted White’s story is not a work of lofty philosophy or jurisprudence. It is his humble first-person story told in everyday terms: of how injustice happened, one blunder at a time, a nightmarish story of being imprisoned for something he did not do. No one knows better than the person wrongfully imprisoned how unjust his situation is. Even devoted loved ones and dedicated lawyers can never have the same certainty as Ted White, who knew absolutely he was not guilty! And in the end, Ted White’s account is an eyewitness testimony to the epitome of human isolation: wronged, separated from society and loved ones, and trapped in an existence defined by what Ted alone knows without a doubt to be a lie.

The Insider Exclusive presents a true story, a story of final justice: The Exoneration Of Ted White Jr. It’s a testament to his resilience, his family and his lawyers, Brian McCallister and Cyndy Short of the McCallister Law Firm, who helped him escape the prison cell where he did not belong. Ted’s story is a reminder that freedom is not merely a matter of confinement, but also the chance to dwell with the truth.

Brian F. McCallister is the founder and owner of The McCallister Law Firm, P.C. Since founding the law firm in 1996, Brian has dedicated his professional life to the representation of individuals and families in cases involving catastrophic injury or death resulting from dangerous products, semi tractor-trailer crashes, automobile crashes and medical malpractice. Having grown up as a minister's son and grandson, Brian saw countless examples of his family's sacrifice for and service to others. This is the foundation on which his professional life of service to others is built. In every case, Brian seeks out close personal relationships with his clients and their families, giving him the ability to advocate for his clients powerfully, persuasively and passionately. His avocation is singing and he is often asked to sing solos for special occasions involving his clients and their families.

Cyndy Short was toiling away in a small labor law firm when she was appointed to represent a young poor woman accused by the federal government of attempting to assassinate Jesse Jackson during his 1988 presidential campaign. This experience changed the course of her practice, and she dedicated most of the next 15 years of her career to the representation of poor people as a public defender in Kansas City( first in the trial division, then in the capital litigation division where she served as head of that office for nearly a decade). Her accomplishments have not gone unnoticed. She received the Lon O. Hocker Memorial Trial Lawyer Award in 1997, given annually by the Missouri Bar in recognition of outstanding trial work. She also received the Defender of Distinction Award in 1998 for her dedication to representing poor people charged with serious crimes. That is the highest honor given by the Missouri State Public Defender. The Western Coalition to Abolish the Death Penalty recognized her work on the Dick Dexter case with their Courageous Litigator Award. She also graduated from Gerry Spence's Trial Lawyers' College in 1994. Since 1997, she has been a TLC faculty member trains lawyers and judges around the country. Numerous people owe their freedom and their lives to Cyndy's dedication, compassion, personal sacrifice, and skill as a trial lawyer.

The McCallister Law Firm is comprised of a team of lawyers who provide each client with professional counsel and personal attention. The firm’s attorneys actually mean it when they say they care about each of their clients. These lawyers are strong advocates for people both in and out of the courtroom. Behind each case the firm agrees to take on is a story and a person. Since 1996, when the firm was established, these attorneys have put their clients first. By carefully selecting each case, the firm’s lawyers can represent clients that they truly believe in. An important part of a lawyer's job is not just representing clients in court, but also developing a personal connection with them. And the attorneys at the McCallister Law Firm develop relationships with clients that last well beyond of a case. The firm is available whenever a former client has a legal concern.

You can contact Brian McCallister and Cyndy Short at 816-931-2229, or www.mccallisterlawfirm.com


Originally posted at Breaking Legal News. Please visit http://breakinglegalnews.com/.

Law-firm escrow agent charged with theft

Tuesday, March 30th, 2010

By Breaking Legal News, Breaking Legal News.

A South Korean woman who worked as an escrow agent at a Seattle law firm for 16 months has been charged with 114 counts of theft after authorities said she embezzled more than $825,000 from her employer.

Heather "Veronica" Pak, 41, was arrested by Seattle police last week and has since been charged with the felonies. She is being held at the King County Jail in lieu of $300,000 bail.

According to police, Pak embezzled funds designated for the Shim Law Firm via checks, credit cards and real-estate transactions.

As the law firm's escrow agent, Pak had signing authority on the firm's trust accounts at Pacific International Bank and Bank of America, court papers said. She was authorized to write business checks and had access to a company credit card, which authorities say she used for personal spending, charging documents said.

Pak also collected insurance money for the firm's personal-injury clients. In one case, she allegedly forged the signature of a client so she could intercept a $7,500 payment, court charging papers said.

Pak wrote a series of checks that conveyed $20,000 to her sister, $161,799 to her brother, $98,500 to herself and $78,891 to a man who turned what he received back over to Pak, court charging papers said.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Trial date arguments due in Dodgers divorce case

Tuesday, March 30th, 2010

By Breaking Legal News, Breaking Legal News.

A court commissioner will consider setting a trial date in a case that will determine whether Los Angeles Dodgers owner Frank McCourt gets sole possession of the club, or if his wife is declared a co-owner.

Los Angeles Superior Court Commissioner Scott Gordon is scheduled to listen to arguments on Tuesday on when the trial in the couple's ongoing divorce dispute should begin.

The attorney for McCourt's estranged wife, Jamie McCourt, believes the trial will happen later this year or early next year. Frank McCourt's attorneys are pressing for a quick resolution.

Frank McCourt has argued that a marital agreement signed in 2004 gives him the rights to the Dodgers, while his wife gets the couple's six homes and one condominium. She maintains that she is the team's co-owner.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.