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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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Toyota class action suit to start with Utah case
Top Court Watch |
2011/06/24 22:41
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The first lawsuit to go to trial in a massive class action against Toyota Motor Corp. over acceleration problems that led the company to recall 14 million cars will involve a crash that killed two people in western Utah, a federal judge said Friday.
U.S. District Judge James Selna told attorneys the case of 38-year-old Charlene Jones Lloyd and 66-year-old Paul Van Alfen, whose Toyota Camry slammed into a wall in Utah in 2010, is scheduled to go to trial in February 2013.
The case - Van Alfen v. Toyota Motor Sales, U.S.A., Inc. - will be the first of several bellwether lawsuits, intended to determine how the rest of the litigation will proceed.
Selna wrote in a tentative order that he hoped the selection would markedly advance these proceedings.
The Court believes that selection of a personal injury/wrongful death case is most likely the type of case to meet that goal, Selna said.
Toyota said it welcomes the Utah case as the first suit to reach court.
We are pleased that the initial bellwether will address plaintiffs' central allegation of an unnamed, unproven defect in Toyota vehicles, as every claim in the multi-district litigation rests upon this pivotal technical issue, the company said in a statement.
Toyota has previously argued the plaintiffs have been unable to prove that a design defect in its electronic throttle control system is responsible for vehicles surging unexpectedly. It has instead blamed driver error, faulty floor mats and sticky accelerator pedals. |
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Court: Using car to flee can be considered violent
Top Court Watch |
2011/06/08 23:55
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The Supreme Court says fleeing police custody in a vehicle can be considered a violent felony.
The high court made its ruling on Thursday in the case of Marcus Sykes.
Sykes was convicted of being a felon in possession of a handgun in 2008. Officials said he was subject to a sentencing enhancement because of two previous felony convictions, one of which was fleeing the police in a car in Indiana.
Sykes argued his fleeing conviction shouldn't be considered violent and two federal appeals courts, the 7th Circuit in Chicago and the 11th Circuit in Atlanta, have ruled in opposite ways.
The high court said in a 6-3 judgment that Sykes' flight from police can be considered a violent felony. |
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Court for Fla. woman charged in husband's NY death
Top Court Watch |
2011/05/06 02:40
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Federal prosecutors have been turning up the heat on a Florida woman accused of arranging the 2009 killings of her millionaire husband and mother-in-law.
Narcy Novack of Fort Lauderdale and her brother, Cristobal Veliz of Brooklyn, N.Y., are due in court Friday morning for a status conference.
Novack and Veliz are accused of hiring others to kill Ben Novack in his New York hotel room and Bernice Novack in her Florida home.
Last month, the government added the mother-in-law's killing to the charges against Novack and Veliz. And a prosecutor said another charge — which carries the possibility of the death penalty — may be in store.
Defense attorneys suggested the prosecution was trying to force a guilty plea.
Ben Novack's father built the Fontainebleau hotel in Miami Beach, Fla. |
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Nebraska court rejects former candidate's lawsuit
Top Court Watch |
2011/04/28 09:21
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The Nebraska Supreme Court has rejected a former legislative candidate's defamation lawsuit against the state Republican Party over campaign flyers.
The Lincoln Journal Star says the court ruled Thursday that tone of the publications constitute opinion and is protected by the First Amendment.
Democrat Rex Moats, of Omaha, sued the GOP after losing in the November 2008 election, saying he was defamed by 11 campaign flyers. The flyers referenced Moats' work with a vehicle-repair insurance company that failed in 2003 and left about 500,000 people without coverage. In the mailings, the Nebraska GOP claimed Moats received a $50,000 trust fund from the insurance company and misled creditors and the public.
Moats' attorney didn't immediately comment on the ruling. Mark Fahleson of the GOP hailed the ruling, calling the lawsuit frivolous. |
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