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US Judge Awards $37M in Peru Massacre
Law Firm News | 2008/03/05 21:43
A federal judge has ordered a former Peruvian army officer to pay $37 million for his role in a 1985 massacre in Peru in which 69 civilians were slain, including elderly people and infants.

U.S. District Judge Adalberto Jordan ruled Tuesday in a lawsuit filed against former Maj. Telmo Hurtado by two women — Ochoa Lizarbe and Pulido Baldeon — who were 12 at the time and survived the attack.

Jordan had previously found in the lawsuit that Hurtado was had committed torture, war crimes and crimes against humanity.

Hurtado, 46, is in federal custody in Miami while fighting deportation to Peru, with a hearing set for March 26. He did not contest the lawsuit, did not have a lawyer and refused to testify last month when he was brought to court for a hearing on damages.

Jordan said the money can be awarded under a 1991 U.S. law allowing torture victims to collect damages in this country for violations if a foreign government refuses to do so. Neither woman has received any compensation from Peru's government.



EPA Head Unaware of Pressures on States
Law Firm News | 2008/03/05 20:26

The head of the Environmental Protection Agency said Tuesday he didn't know of behind-the-scenes efforts by EPA officials to blunt state attempts to reduce mercury emissions from power plants.

Those efforts occurred even as the Bush administration argued in court that states are free to enact tougher mercury controls from power plants, The Associated Press reported last month, based on internal EPA documents.

Sen. Patrick Leahy, D-Vt., questioned EPA Administrator Stephen L. Johnson about the report at a hearing of the Senate Appropriations environment subcommittee.

"Has anyone with EPA ever pressured any state against instituting any more restrictive mercury regulation?" asked Leahy, who chairs the Senate Judiciary Committee.

"I don't recall having any firsthand knowledge of that," said Johnson. "I don't know if they have, no I don't," he added.

Leahy cautioned Johnson that such pressure on states was inappropriate, and if it did occur, "then the EPA gave misleading information to the courts, which is an extremely serious matter."

A federal appeals court last month struck down the Bush administration's industry-friendly approach for mercury reduction that allowed plants with excessive smokestack emissions to buy pollution rights from other plants that foul the air less.

Internal EPA documents obtained by the advocacy group Environmental Defense show attempts over the past two years to bar state efforts to make their plants drastically cut mercury pollution instead of trading for credits that would let them continue it.

Many states did not want their power plants to be able to buy their way out of having to reduce mercury pollution.

The push to rein in uncooperative states continued until the eve of the Feb. 8 decision by the U.S. Court of Appeals for the District of Columbia Circuit that struck down the EPA's program. A day before that ruling, the White House Office of Management and Budget approved a draft regulation to impose a "federal implementation plan" for mercury reduction in states whose mercury control measures did not meet EPA approval.



Teen Appealing Web Blog Free Speech Decision
Law Firm News | 2008/03/05 20:22
A high school senior who used vulgar language in reference to her school administrators is appealing the decision of a lower federal court and fighting for her right to serve as class secretary and to speak at her graduation in the 2nd U.S. Circuit Court of Appeals in New York.

Avery Doninger, 17, was barred from running for class secretary by Lewis S. Mills High School in Burlington, Conn. because administrators she had written in her personal blog that officials were “douchebags” because she thought they cancelling an event she had helped plan. She also called for others to take action against Superintendent Paula Schwartz and to “piss her off more” by writing and calling Schwartz. Officials discovered the blog two weeks after she had written and the teen was told to apologize to Schwartz, show her mother the blog and was told she could not run again for re-election as class secretary. Doninger won the position by write-in votes, but was not permitted to serve.

U.S. District Judge Mark Kravitz had said that because Doninger’s blog was addressing school issues and because it was read by other students, she could be punished by the school. However, in the appeal, Doninger’s attorney argued that schools should not be able to regulate what is done on the internet if it does not create a risk of disruption and because it did not take place on school grounds or during a school activity.

"It's just a bigger soapbox," her attorney, Jon L. Schoenhorn, told the Hartford Courant.

According to the Hartford Courant, Thomas R. Gerarde, the school’s attorney, said that the Internet has increased the impact of their words by how many people they can reach and that if student leaders make offensive comments about the school on the Internet, the school should be able to punish them.

"We shouldn't be required to just swallow it," he said.

He also contended that the blog did cause school officials to receive numerous phone calls and emails and that some students had considered staging a sit-in.

However, the Harford Courant reported, Judge Sonia Sotomayor said that "pedagogical rights can't supersede the rights of students off campus to have First Amendment rights."


Law firm sues 'Juiced' publisher Judith Regan
Law Firm News | 2008/03/04 03:27
Former book publishing powerhouse Judith Regan was sued Monday for legal fees by the firm that prepared her lawsuit against HarperCollins LLC after the publishing company fired her.

In court papers, Dreier LLP says Regan reneged on a retainer agreement she signed and then fired the law firm "in a transparent and calculated effort to avoid paying petitioners the agreed upon fee."

After Dreier prepared and filed the lawsuit, court papers say, Regan hired Los Angeles lawyer Bertram Fields to negotiate a settlement with HarperCollins. The terms were not disclosed.

After the settlement was final, Regan fired Dreier and refused to pay the firm, court papers say.

The lawsuit names Fields as a defendant and accuses him of tortious interference with the business relationship between Dreier and Regan.



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