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Inmate Says He's Too Fat for Lethal Injection
Court Watch | 2008/08/05 14:14
An obese death-row inmate claims his size could hinder the effect of one of the drugs used in lethal injection and will make it difficult for executioners to find his veins.

Richard Wade Cooey II filed a federal lawsuit asking Gov. Ted Strickland to bar his Oct. 14 execution until the state addresses his claims. At 5 feet 7, weighing more than 260 pounds, Cooey says he is too fat to be put to death. He claims the potential problems associated with his weight, including the possibility that the anesthetic will have a minimal effect on him, would render lethal injection a form of cruel and unusual punishment.

Cooey, 41, was sentenced to death for raping and killing two women in 1986.

'Mini Me' Sues Ex-Girlfriend Over Sex Tape
Law Firm News | 2008/08/04 14:32
Verne Troyer, the actor who played "Mini Me" in the Austin Powers movies, wants $20 million from his ex-girlfriend, who allegedly leaked part of their sex tape leaked to gossip Web site before trying to sell the entire tape to the highest bidder.

Troyer says his former girlfriend, Renee Schriber, insisted that the couple make the explicit tape last year. Troyer claims that the tape was only supposed to be for personal use, but last June he heard that a portion of it was playing on the front page of TMZ.

According to the federal complaint, Schriber called Troyer "in tears, expressing her absolute horror that a portion of the videotape was being broadcast on the internet." Schriber said that the tape must have been stolen from the couple's house.

But the story Schriber allegedly told the press was a little different. Schriber gave interviews "to any news agency and television outlet that would listen to her," the lawsuit states, claiming that Troyer had filmed her having sex with him in secret, that she had no idea the tape existed, and did not know how it had gotten into the hands of the public.

Based on Schriber's story, Troyer sued TMZ, and got a temporary restraining order. However, TMZ submitted Schriber's declaration, given under oath and penalty of perjury, admitting that she had filmed the video herself, with her own equipment. Schriber also admitted that she co-owned the copyright to the tape and had given it to TMZ, along with a license to display a clip of the tape. Troyer says Schriber probably leaked the clip as a trailer for the whole tape, which he says she intended to sell all along.

Railroad Denies Liability for Smuggled Drugs
Law Firm News | 2008/08/04 14:31
In a sharply worded federal complaint, the Union Pacific Railroad Co. asserts that it is not responsible for the cocaine and marijuana seized on railroad cars as part of a smuggling operation of trains bound for the United States from Mexico.

U.S. Customs and Border Protection found 47 cases of illegal narcotics seized at checkpoints in California, Arizona and Texas. In each case, the Border Patrol found illegal drugs on a train bound for the United States from a Mexican railroad.

Though the trains were ultimately headed to Union Pacific customers, the railroad company claims that it should not have to pay the $37.7 million in proposed penalties against it, because the drugs were found before the railroad cars ever came into Union Pacific's possession.

"At all times prior to the discovery of the illegal narcotics, either the Mexican railroad operating the train of (U.S. Customs and Border Protection) had exclusive control of the trains in which they were found," the plaintiff claims.

It rejects the defendant's assertion that Union Pacific failed to exercise the "highest degree of care and diligence" to ensure drugs were not smuggled on its trains. Union Pacific points out that it owns no railroad facilities in Mexico, and cannot hire, supervise or direct the railroad employees across the border.

The government improperly applied the Tariff Act of 1930 in assessing fines against Union Pacific, the lawsuit claims.

"The Tariff Act does not obligate (Union Pacific) to enter Mexico and conduct extraterrestrial inspections," the railroad claims, "and to do so would require (Union Pacific) to take extraordinarily dangerous and costly measures that the United States itself has found too dangerous and/or futile to undertake."

The risk of setting up security operations in Mexico would expose the plaintiff and its employees "to the risks of murder and mayhem at the hands of Mexican drug cartels, while at the same time potentially running afoul of Mexican law," the lawsuit states.

And it would accomplish nothing, the railroad claims.

"If (U.S. Customs and Border Protection) and the full power of the United States government cannot effectively seize drugs in Mexico, there is no reason to believe that (Union Pacific) could.

Mercedes-Benz Sues Hybrid Battery Supplier
Law Firm News | 2008/07/31 14:48
Mercedes-Benz U.S. International paid Cobasys $6 million to develop a battery pack for a hybrid vehicle under production, but claims the supplier ran into a funding crisis and is unable to deliver the product, putting the pressure on Mercedes to meet its June 2009 production deadline, the car company claims in Federal Court.

Cobasys is one of the few suppliers to produce nickel metal hydride (NiMH) battery packs for use in hybrids. It submitted the winning bid for the Mercedes hybrid project and, in doing so, agreed to develop, produce and deliver the product on time, the lawsuit claims.

Cobasys allegedly assured the Daimler AG affiliate that had all the requisite staff, funds and equipment to complete the job.     

After Cobasys and Daimler hammered out the production costs and pricing of the battery pack, Mercedes issued a purchase order. It claims Cobasys confirmed that it could meet the expected launch date, but did not sign a confirmation of the purchase order. The plaintiff says it found out later that Cobasys refused to sign the order because its owners, Chevron and Energy Conversion Devices, had cut off funding, leaving the supplier with "no plans or ability to fund its day-to-day operations past that point, much less make the capital investments required to meet its production volume commitments to (Mercedes) and other manufacturers."

To make matters worse, Mercedes claims Cobasys' owners are actively searching for a buyer. They allegedly hid this information from Daimler and Mercedes, leading them to believe that Cobasys was "ready, willing and able to produce the necessary parts, while knowing this is not the case, and while avoiding signing (the plaintiffs') purchase order."

Mercedes claims that Cobasys has since found a buyer, and the sale is imminent. But even if the buyer assumes the contract, Mercedes claims it has become "entirely dependent" on Cobasys' delivering the NiMH battery pack in time. "No other supplier can produce a battery meeting the specifications jointly developed by Cobasys and Daimler," the lawsuit claims.

However, when Mercedes solicited written reassurance from Cobasys, the company allegedly denied having any contract to produce the battery pack. Cobasys told Mercedes that it would continue the development work, but would not be involved with production. The plaintiff also remains suspicious of what will happen to the property rights, as Cobasys "has yet to provide any written concrete assurances that it will not sell or transfer any assets or intellectual property rights required to carry out its obligations."

Mercedes' attorneys are Howard Walthall Jr., Joseph Letzer, Ellen Mathews and S. Greg Burge of Burr & Forman.

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