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In Strauss-Kahn case, DA weighs limited options
Court News | 2011/07/02 00:13
At first, prosecutors said their sexual assault case against Dominique Strauss-Kahn was growing more formidable by the day. Six weeks later, they said his accuser's history of lying raised major red flags, but they weren't dropping the case, at least for now.

With the former International Monetary Fund leader freed from house arrest because the case has weakened, prosecutors aren't saying what their next move may be.

Some legal experts say prosecutors will all but have to abandon the case because of the damage to the accuser's overall credibility, even if they believe Strauss-Kahn attacked the woman, a housekeeper at a New York City hotel where he was staying. Still, at least one former high-level prosecutor thinks the case isn't doomed.

For now, Manhattan District Attorney Cyrus R. Vance, Jr. is saying only that prosecutors will keep investigating "until we have uncovered all relevant facts."

"Sometimes the road to get to the truth has twists and turns in it, which are not always apparent at the outset," he said in a statement Sunday. "What is important is not a win or a loss, but rather to ensure the criminal justice system balances the rights of all those who come before it."

Prosecutors have a number of options, including going ahead with the current charges or reducing them.

They could try to negotiate a plea deal, though it's unclear whether Strauss-Kahn would entertain one. He has asserted his innocence, and the doubts raised about the woman's trustworthiness would likely improve his chances at a trial. While prosecutors haven't questioned her account of the alleged attack itself, they say she's been untruthful about a number of other things, including what she did right afterward. That could make potential jurors reluctant to take her word over Strauss-Kahn's.



14.5 Million Dollar Jury Verdict Awarded Against State Farm Insurance
Court Watch | 2011/07/02 00:13
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.  The case arose out of work done by Radcliff and CPM following the April 2006 hailstorm.  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.  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 & 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 & 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.”  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 & Riley, LLC is a law firm known for its representation of clients in complex litigation. Riley Bennett & Egloff, LLP is a law firm known for advising and representing businesses and their owners in various litigation matters.



Idaho landowners to get high court hearing
Headline Legal News | 2011/06/28 22:29

The Supreme Court has agreed to consider the rights of landowners when confronted with an order from the Environmental Protection Agency that they are violating the federal Clean Water Act.

The justices on Tuesday added the case of Idaho property owners Chantell and Michael Sackett to their lineup for the term that begins in October. The Sacketts contend that EPA left them with no practical way to object to the agency's determination that work on their half-acre parcel violated federal law and tried to coerce their compliance through the threat of costly fines.

The Sacketts say they would either have to apply for a federal permit that could cost as much as the property itself, or wait for the EPA to go to court to force them to comply.




Court won't revive Clemens lawsuit against trainer
Court News | 2011/06/27 22:29

The Supreme Court won't revive baseball star Roger Clemens' lawsuit against his former personal trainer for claiming he injected the pitcher with steroids and human growth hormones.

The high court on Tuesday refused to hear an appeal from the seven-time Cy Young winner, who has an upcoming perjury trial in Washington.

The 5th U.S. Circuit Court of Appeals threw out Clemens' defamation suit against his longtime trainer Brian McNamee, saying a Texas federal court didn't have jurisdiction over Clemens' claims involving statements McNamee made in New York.

Clemens wanted that decision overturned, but the high court refused to take up the case.

McNamee said in New York he had injected Clemens with steroids and HGH and repeated those allegations during an interview at his New York home to a writer for SI.com.

Clemens has denied using performance-enhancing drugs, and testified in front of the House Oversight and Government Reform Committee in February 2008 that 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. The former pitching star's criminal trial is expected to begin on July 6.




N.Y. governor signs gay marriage into law
Legal Business | 2011/06/24 22:30
Gov. Andrew Cuomo has signed New York's gay marriage bill, starting what is expected to be a crush of gay weddings starting in 30 days.

The Democratic governor signed the measure shortly before midnight Friday, following up on a promise to put his name on the legislation as soon as he received it rather than wait the usual 10 days to sign it for it to become law.

New York lawmakers narrowly voted to legalize same-sex marriage, handing activists a breakthrough victory in the state where the gay rights movement was born.

New York will become the sixth state where gay couples can wed and the biggest by far.

“We are leaders and we join other proud states that recognize our families and the battle will now go on in other states,” said Sen. Thomas Duane, a Democrat.

Gay rights advocates are hoping the vote will galvanize the movement around the country and help it regain momentum after an almost identical bill was defeated here in 2009 and similar measures failed in 2010 in New Jersey and this year in Maryland and Rhode Island.



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