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Judge orders investigators to give Clemens notes
Lawyer Blog News | 2011/06/24 17:07

The authors of the Mitchell Report on performance-enhancing drugs in Major League Baseball were ordered to give pitching legend Roger Clemens more of the evidence they used to accuse him of using steroids and human growth hormone.

U.S. District Judge Reggie Walton, in a ruling filed Thursday, said Clemens needs the investigators' notes of interviews with his accusers to defend himself in a criminal trial next month on charges he lied when he denied using drugs.

The notes were taken when the investigators questioned steroids dealer Kirk Radomski and longtime Clemens trainer Brian McNamee. Both said they provided drugs for the seven-time Cy Young winner. Clemens has denied the accusation.

Walton gave the Mitchell Report investigators until Saturday to say whether they plan to appeal. An appeal could threaten to delay the July 6 scheduled start of the trial.

Clemens issued a subpoena in February on the DLA Piper law firm, where former Sen. George Mitchell led an investigation into drug use for Major League Baseball. The Mitchell Report came out in December 2007 and named Clemens as one of several players who used steroids and human growth hormone.

Clemens denied the charges, raising questions about the report's credibility, and the House Oversight and Government Reform Committee held hearings in February 2008 to investigate the dispute. Clemens testified he never used drugs in his 24-year career. Prosecutors say that was a lie and have charged him with false statements, perjury and obstruction of Congress.



'Phantom of the Fox' to stay in theatre apartment
Lawyer Blog News | 2011/06/22 15:36

Lawyers say a settlement has been reached to allow Joe Patten, known as the "Phantom of the Fox," to live out the rest of his days in his Fox Theatre apartment.

When the Fox in Atlanta was threatened with demolition in the 1970s, Patten led efforts to save it.

The 83-year-old has lived in the apartment beneath the historic theater's dome since 1979, when he signed a lifelong lease.

Last year, trustees of the nonprofit Atlanta Landmarks, which runs the Fox, voted to terminate the lease and Patten's lawyer sued to stop it.

A statement from both sides Tuesday said Patten can continue to live in the apartment under terms of the confidential agreement.

When his ouster became known, many around Atlanta rallied and caused bad publicity for the Fox.



Pa. kidnap hoax mom pleads guilty in fraud case
Lawyer Blog News | 2011/06/22 15:36

A white suburban woman who staged a hoax kidnapping of her and her daughter and blamed it on two black men before flying to Disney World admitted Tuesday that she fled after swindling a huge sum of money from her ex-boss and an elderly relative.

Bonnie Sweeten told a 911 operator in 2009 that the men had kidnapped her and her 9-year-old daughter and stuffed them in the trunk of a Cadillac. Mother and child surfaced days later at a Disney hotel in Orlando, Fla.

Sweeten, a 40-year-old paralegal from Feasterville, just outside Philadelphia, served a year in prison for the false 911 call. She now faces a likely six to eight years in prison under federal sentencing guidelines for the fraud scheme, which prosecutors pegged at more than $1 million. She diverted more than $700,000 from client settlements and other funds at her law firm and another $280,000 from the relative's Vanguard investment account, prosecutors said.

Sweeten, a PTA mom, used the money to fund a lifestyle beyond the means of her and her second husband, a self-employed landscaper. They lived in a $425,000 house, spent thousands of dollars on infertility treatments and enjoyed a gym membership, trips, restaurant meals and other niceties.



US court reconsiders ruling on Arizona voter law
Lawyer Blog News | 2011/06/21 15:18
The latest court battle between Arizona and the federal government is being fought in a Pasadena, Calif., courtroom where an appeals court will hear arguments Tuesday on whether the state can require proof of citizenship to register to vote.
An 11-judge panel of the 9th U.S. Circuit Court of Appeals is reconsidering a three-judge panel's ruling that the state's proof of citizenship requirement conflicts with federal voter registration law that law allows people registering to vote to swear under penalty of perjury that they are citizens.

Arizona's law goes further, requiring that people registering show proof of citizenship. It was part of a ballot measure approved by voters in 2004.

The three-judge panel's ruling in October didn't disturb a separate provision requiring voters to provide proof of identity when they cast ballots.

Civil rights groups that challenged Arizona's law argued that thousands of people have had their federal registration forms rejected because they failed to provide documents required by the state.

The U.S. Justice Department filed a friend-of-the-court brief urging the 9th Circuit to overturn the state law, which the brief said is invalid because it conflicts with the National Voter Registration Act.

The act, which requires states to "accept and use" the federal form, was intended to simplify and standardize voter registration procedures nationwide, the federal government's lawyers said.


Supreme Court limits Wal-Mart sex bias case
Lawyer Blog News | 2011/06/20 15:06
The Supreme Court on Monday blocked a massive sex discrimination lawsuit against Wal-Mart on behalf of women who work there.

The court ruled unanimously that the lawsuit against Wal-Mart Stores Inc. cannot proceed as a class action, reversing a decision by the 9th U.S. Circuit Court of Appeals in San Francisco. The lawsuit could have involved up to 1.6 million women, with Wal-Mart facing potentially billions of dollars in damages.

Now, the handful of women who brought the lawsuit may pursue their claims on their own, with much less money at stake and less pressure on Wal-Mart to settle.

The justices divided 5-4 on another aspect of the ruling that could make it much harder to mount similar class-action discrimination lawsuits against large employers.

Justice Antonin Scalia's opinion for the court's conservative majority said there needs to be common elements tying together "literally millions of employment decisions at once."

But Scalia said that in the lawsuit against the nation's largest private employer, "That is entirely absent here."

Justice Ruth Bader Ginsburg, writing for the court's four liberal justices, said there was more than enough uniting the claims. "Wal-Mart's delegation of discretion over pay and promotions is a policy uniform throughout all stores," Ginsburg said.


Woman pleads guilty in border cash smuggling case
Lawyer Blog News | 2011/06/19 16:55
A woman has pleaded guilty to attempting to smuggle more than $930,000 in cash across the Arizona border and into her native Mexico.

Federal prosecutors say 25-year-old Judith Angelica Ayala-Partida pleaded guilty Wednesday in U.S. District Court in Tucson to bulk cash smuggling.

She's scheduled to be sentenced Oct. 4.

Authorities say Ayala-Partida was driving a vehicle that was stopped last Nov. 16 at the port of entry in Nogales, Ariz.

She told U.S. Customs and Border Protection officers that she didn't have more than $10,000 to declare. But a currency-detecting dog alerted authorities to the driver's side quarter panel of the car and a search led to the discovery of 101 packages containing $937,188.

Ayala-Partida's hometown in Mexico wasn't immediately available Friday.


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