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Illinois Supreme Court upholds public works plan
Top Court Watch |
2011/07/11 09:23
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The Illinois Supreme Court has unanimously upheld a law that created a $31 billion statewide construction program, averting a threat to the thousands of jobs the projects created.
The decision also removes a roadblock to allowing video gambling at bars, restaurants and truck stops across Illinois.
The court on Monday unanimously rejected arguments that lawmakers improperly mixed different issues in a single law.
Lawmakers approved the public works program in 2009, deciding to fund the construction by raising taxes on liquor and candy, as well as legalizing video gambling.
Chicago Blackhawks owner and liquor distributor Rocky Wirtz challenged the law. An appeals court agreed with him that it violated a requirement that laws be limited to one topic. The Supreme Court said it all was connected to the construction program. |
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Ballard Spahr says Stewart new chair of national law firm
Legal Blog News |
2011/07/06 08:43
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Law firm Ballard Spahr LLP says that Mark Stewart, who helped the firm open six new offices, has been named its chair.
The law firm — its headquarters are in Philadelphia — said Stewart became chair on Friday, succeeding Arthur Makadon who took the position in 2002. He is returning to active practice with the firm.
Stewart joined the firm as a summer associate in 1981.
Ballard Spahr has more than 475 lawyers in 13 offices across the U.S. and offers litigatition, business and finance, real estate, intellectual propery and public finance services. |
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Orange County judge to restrict Costa Mesa layoffs
Attorney Blog News |
2011/07/06 02:43
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An Orange County judge said Tuesday that she will issue a court order to restrict Costa Mesa from laying off nearly half of the city's workforce and outsourcing jobs.
Superior Court Judge Tam Nomoto Schumann said she would grant the Orange County Employees Association's request for a preliminary injunction. But the city has until Friday to file objections before she issues her ruling.
The union filed suit in May, arguing that the city's plan to outsource municipal jobs violates state law and the union contract.
In March, the Costa Mesa City Council majority voted to outsource jobs to mostly private companies in a drastic move to plug a $15 million budget hole.
Soon afterward, 213 of 450 employees got layoff notices that would take effect in September.
Union spokeswoman Jennifer Muir said the court order would protect employees' jobs until the case against the city goes to trial.
Schumann said the city must follow proper procedures when laying off workers, but she didn't explain what those procedures are.
Assistant City Attorney Harold Potter contends the city has been following procedures while pursuing austerity measures.
The judge's ruling won't stop the city from exploring outsourcing options, he said. |
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No manslaughter convictions in ground zero fire
Top Court Watch |
2011/07/05 08:43
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A toxin-cleanup director and a company were acquitted Wednesday of manslaughter in an August 2007 blaze that killed two firefighters at a condemned tower at ground zero, although the firm was convicted of a misdemeanor.
The John Galt Corp. was found guilty of second-degree reckless endangerment, the only conviction in the criminal case filed over the fire at the former Deutsche Bank building. The judge acquitted worker Mitchel Alvo of all charges. Jurors had acquitted two other construction-company supervisors of all charges last week.
I'm really mystified, said Galt attorney David Wikstrom. He said he couldn't understand how the company could be convicted of a crime when the workers were acquitted. He said he would move to overturn the verdict.
Alvo's fiancee wept tears of joy as they left the courthouse. Now I've just got to get on with my life and start making a living again, Alvo said.
The district attorney's office said it was preparing a statement.
The fire killed firefighters Robert Beddia and Joseph P. Graffagnino and revealed poor regulation of the damaged building, which was being dismantled in the wake of the Sept. 11 attacks.
Alvo, 59; asbestos cleanup foreman Salvatore DePaola, 56; and site safety manager Jeffrey Melofchik, 49, were the only people criminally charged in the fire. Galt, which employed Alvo and DePaola, was the only company charged. |
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14.5 Million Dollar Jury Verdict Awarded Against State Farm Insurance
Legal Blog News |
2011/07/03 00:16
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A six-week trial in Hamilton County Court ended yesterday afternoon with the award of a $14.5 million jury verdict for Joseph Radcliff and his restoration company, CPM Construction of Indiana, against State Farm Insurance.
State Farm had filed suit for insurance fraud and RICO (Racketeer Influenced and Corrupt Organizations) claims against Radcliff and CPM.nbsp; The case arose out of work done by Radcliff and CPM following the April 2006 hailstorm.nbsp; Radcliff and CPM’s allegations were that after State Farm received negative publicity in the Indianapolis media for denying hail damage claims, State Farm made unfounded claims of fraud against Radcliff and instigated the filing of felony charges against him.nbsp; Those charges were dismissed by the Marion County Prosecutor, but the negative publicity resulted in Radcliff’s personal reputation and business being destroyed.
Not only did the jury find that State Farm’s claims against Radcliff were baseless, but they also found that the Radcliff’s allegations of being defamed by State Farm were true. The jury ordered State Farm to pay Radcliff $14.5 million.
Radcliff was represented by Will Riley, lead trial counsel of the law firm Price Waicukauski amp; Riley, LLC along with attorneys Joe Williams, James Piatt and Jamie Kendall of the same firm and Mark McKinzie, Partner in the law firm Riley Bennett amp; Egloff LLP.
Riley stated, “It was a tribute to the American jury system that one man can take on the largest insurance company in the nation and win.”nbsp; McKinzie agreed, stating “This sends a strong signal to Bloomington, Illinois that Hoosiers will not put up with this sort of conduct.” Radcliff commented “I am grateful to those who believed in me and helped me get the true facts before the jury and to the jury for giving me, and my failed company, justice.”
Price Waicukauski amp; Riley, LLC is a law firm known for its representation of clients in complex litigation. Riley Bennett amp; Egloff, LLP is a law firm known for advising and representing businesses and their owners in various litigation matters. |
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