Former U.S. Solicitor General Paul D. Clement on Thursday warned those who follow in his footsteps to be careful before reversing the government’s course in cases that were at the U.S. Supreme Court before the new president took office. “There is a temptation, and a profound one, to switch position in cases that are pending before the Supreme Court,” said Clement, speaking at an Atlanta symposium. “Elections certainly have consequences, but there is a right way … and a wrong way to alter the position in these cases.”
Posts on ‘February 13th, 2009’
Miss. Judge Pleads Not Guilty in Bribery Case
A Mississippi judge pleaded not guilty Thursday to five federal charges in a judicial bribery scheme that has snared some of the state’s wealthiest attorneys. Judge Bobby DeLaughter was influenced with a promise that former U.S. Sen. Trent Lott would help him get appointed to the federal bench, according to an indictment unsealed Thursday. Lott has not been accused of wrongdoing. A plea deal in which noted attorney Richard Scruggs admitted trying to influence DeLaughter added two years to Scruggs’ sentence Tuesday.
Class Action Fairness Act Achieves Goal, but With a Catch
Although the federal Class Action Fairness Act is achieving its goal of shifting the typical multistate class action from state court to federal court, a paradoxical result is a surge in single-state class actions designed to avoid the federal law’s removal provisions, according to a recent study. The trend is likely to increase this year, according to Gibson, Dunn & Crutcher, which compiled a 2008 year-end class action update.
Vaccine Ruling Could Spur Appeals, Suits in State Court
By finding that vaccines do not play a role in causing autism, the U.S. Court of Federal Claims handed a significant defeat Thursday to thousands of parents who blame the injections for their children’s disorders. While the rulings may prove a major hurdle, lawyers for many plaintiffs say their legal efforts may just be starting. They are contemplating appeals, and talking about suing pharmaceutical companies directly. The decisions were handed down in a trio of test cases meant to help guide future decisions.
Clifford Chance Discusses Voluntary Redundancies With Associates
Clifford Chance is talking with associates about undergoing voluntary redundancies, according to lawyers at the firm, which has refused to comment on the matter. The redundancy consultation comes on the heels of last week’s announcement by Clifford Chance that the firm had launched a partnership review that is expected to lead to a number of departures.
Pa. Judges Plead Guilty in Cash-for-Kids Corruption Scandal
Two Pennsylvania judges told a federal judge Thursday they were guilty of accepting more than $2.6 million in kickbacks from the owner and builder of two juvenile detention centers. Former President Judge Mark A. Ciavarella Jr. and retired Judge Michael T. Conahan pleaded guilty to honest services wire fraud and conspiracy to defraud the United States. A federal prosecutor described the hearing as clearing “a major hurdle.”
Supreme Court Justices to Weigh Superfund Cleanup Liability
For years, businesses large and small viewed as unfair but unchangeable their potential liability for the entire cost of a Superfund site cleanup, no matter how tenuous their connection to the site. But an oil company and two railroads, on the hook for a $40 million cleanup, will urge the U.S. Supreme Court this month to limit how most courts and the federal government approach liability for cleaning the nation’s worst hazardous waste sites.