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In Indian Land Suit, County Found to Act in Good Faith
In the latest development in the ever-evolving Indian land claim litigation in New York state, a federal judge has ruled in a test case that Madison County, N.Y., acted in good faith when it acquired and improved disputed territories; therefore, any damages must be based on the value of unimproved land. The dispute, involving the Oneida Indian Nation and some 300,000 acres of central New York, is steeped in history and acrimony.The Sierra Club Challenges Validity of Pryor's Judgeship
While senators in Washington, D.C., enjoyed a judicial nominations truce on Wednesday, the fight escalated in Atlanta, as the Sierra Club asked the Eleventh Circuit U.S. Court of Appeals to disqualify Judge William Pryor Jr. from hearing a case. The San Francisco-based Sierra Club filed a 43-page motion with the court arguing that President Bush's February recess appointment of Pryor violated the U.S. Constitution.Disbarred Fla. Attorney's Clients to Reap No Rewards From State Bar
About 4,000 asbestos clients of disbarred attorney Louis Robles will have to find another way to recoup the $13.5 million their former lawyer stole from them now that a federal judge has thrown out their claim against the Florida Bar. In an unusual class action, the plaintiffs claimed a security fund used by the Bar to compensate clients victimized by dishonest attorneys applied to them. But on Dec. 22, Judge Willis B. Hunt Jr. denied the plaintiffs' claims with prejudice, barring them from re-filing.New York AG Presses Companies to Stop Paying Indicted Employees' Legal Bills
In an apparent first among state AGs, New York's Eliot Spitzer is pressing companies to stop paying the legal fees of employees facing criminal charges. Most of Spitzer's targets are financial institutions swept up in his probe of mutual funds. Corporate Counsel's review of 17 agreements that Spitzer's office struck with companies accused of market timing shows that nine included "no indemnification" clauses, which ban payment of indicted employees' legal fees unless required under company bylaws.Judge Frustrated With Delay in Milberg Case
A federal judge asked prosecutors "how much longer" they were going to investigate before possibly bringing more charges against Milberg Weiss Bershad & Schulman. The firm has been accused of paying kickbacks to lead plaintiffs.How to Handle a Case When the Client Is a Pariah
When public defender Stephen Osburn told his Kansas-native wife that he'd be representing the infamous Bind-Torture-Kill suspect, she told him, The BTK guy was my boogie man growing up.
AT&T Antitrust Suit: Rhetoric vs. Reality
Attorney C. Evan Stewart examines the pending AT&T-T-Mobile merger, looking at the challenges posed by the Department of Justice's antitrust suit seeking to stop the combination.New Milberg Weiss Charges Possible; Judge Criticizes Prosecutors
A federal judge in the criminal case against Milberg Weiss Bershad & Schulman delayed a trial-setting conference last week while criticizing prosecutors for taking so long to file a superseding indictment. Central District of California Judge John F. Walter set the next hearing for Nov. 27, at which time he expects to set a trial date. Many believe a superseding indictment could include charges against former Milberg Weiss partner William Lerach.11th Circuit Judge Blasts Colleagues for Sentencing Stance
Judge Gerald B. Tjoflat of the 11th Circuit has blasted district court judges and his own colleagues for "fostering disrespect for the rule of law" in their rulings and statements about criminal sentencing guidelines. Tjoflat wrote last week that his court's tough standard for finding "plain error" in sentencing decisions made under federal guidelines essentially requires trial judges to criticize their own sentencing decisions as unjust. But that, he said, has pernicious consequences.Trending Stories
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