Illinois Gov. Rod Blagojevich's lawyer wants the state to appoint and pay for attorneys to represent the governor because Attorney General Lisa Madigan has a conflict of interest and can't do it.
Chicago attorney Ed Genson contends that it's Madigan's job to represent the governor in his impeachment and criminal cases. But he says she can't do it because she has asked the state Supreme Court to declare the governor unfit to serve.
Genson on Wednesday disclosed filings seeking court-appointed attorneys for his client. He also filed a motion asking the Illinois House to appoint and pay for lawyers to represent the governor as it considers an impeachment recommendation.
Madigan's office says it will respond soon to Genson's request.
Thursday, December 18, 2008
Appeals court rejects DC missing pants case
An appeals court on Thursday turned down a request for a new trial from a former District of Columbia judge who sued his dry cleaners for $54 million over a lost pair of pants.
The D.C. Court of Appeals rejected the request from Roy L. Pearson to overturn a 2007 ruling that denied him damages. Pearson had argued that Custom Cleaners failed to live up to its promise of "Satisfaction Guaranteed."
Three appellate judges agreed Pearson failed to show the store's advertising amounted to fraud and said his argument defied logic.
Pearson can still ask the entire nine-judge appellate court to review the case or appeal to the U.S. Supreme Court.
Pearson did not immediately respond to an e-mail or telephone message seeking comment.
Jin Chung, the dry cleaner owner, said through his lawyer that his family is "very very happy" with the decision. The family said they hope Pearson won't take any further action.
The American Tort Reform Association lauded the court's move, saying the city's easily exploited consumer protection law should be reformed.
The case has taken its toll on both sides. The Chungs have sold the dry cleaning shop, citing a loss of revenue and the emotional strain of defending the lawsuit. Pearson lost his job when a D.C. commission voted not to reappoint him.
The D.C. Court of Appeals rejected the request from Roy L. Pearson to overturn a 2007 ruling that denied him damages. Pearson had argued that Custom Cleaners failed to live up to its promise of "Satisfaction Guaranteed."
Three appellate judges agreed Pearson failed to show the store's advertising amounted to fraud and said his argument defied logic.
Pearson can still ask the entire nine-judge appellate court to review the case or appeal to the U.S. Supreme Court.
Pearson did not immediately respond to an e-mail or telephone message seeking comment.
Jin Chung, the dry cleaner owner, said through his lawyer that his family is "very very happy" with the decision. The family said they hope Pearson won't take any further action.
The American Tort Reform Association lauded the court's move, saying the city's easily exploited consumer protection law should be reformed.
The case has taken its toll on both sides. The Chungs have sold the dry cleaning shop, citing a loss of revenue and the emotional strain of defending the lawsuit. Pearson lost his job when a D.C. commission voted not to reappoint him.
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Friday, September 19, 2008
Thursday, September 18, 2008
Chatsworth Metrolink Disaster - Message from Jerome Ringler - Train Accident Attorney
Special Message for Victims of Chatsworth Metrolink Disaster
On September 12, 2008, an unprecedented tragedy occurred in Chatsworth, California when Metrolink Train #111 struck a Union Pacific freight train which was traveling on the same tracks. Our hearts go out to the victims. But this tragedy should not have happened. It happened because of human error on the part of Metrolink employees. Unfortunately, as the lawyers of RKA know well, human error by railroad engineers is not at all unique as a cause of commuter rail disasters.
Jerome L. Ringler has greater experience in representing victims of commuter rail and freight train disasters than any other lawyer in the State of California, if not the country. He has served as lead counsel in every one of the largest commuter rail disasters which have occurred in Southern California in the past 10 years.
In the Placentia Commuter Rail Disaster of 2003, Mr. Ringler was appointed by the Court as lead counsel for all of the Plaintiffs. He was requested by all of the lawyers representing individuals injured or killed in that incident to try the first case. That case resulted in the largest verdict for Post Traumatic Stress Disorder ever rendered by a jury in the United States. That verdict, which was for $9 million, is detailed below in the multimedia section.
In the Burbank Commuter Rail Disaster, which also occurred in 2003, Mr. Ringler was again appointed by the Court to serve as lead counsel. In that capacity he was given the responsibility to try the entire liability (i.e., fault) case for all of the victims. In other words, every one of the dozens of lawyers who represented individual victims in that disaster trusted Mr. Ringler to try the liability phase for them, knowing that their clients would only recover if Mr. Ringler was successful. He was. In fact, Mr. Ringler not only obtained a favorable verdict for all of the plaintiffs, he obtained a $12 million verdict for his own client as well. This verdict was the largest in the State of California for a person with the type of injuries Mr. Ringler's client had suffered. This verdict is detailed below in the multimedia section.
Mr. Ringler is currently lead counsel for all plaintiffs in the Glendale Metrolink Derailment Disaster of 2005. This incident was, before September 12, 2008, the largest Metrolink disaster in history. Interestingly, in that case (which involves 11 deaths and dozens of serious injuries), Mr. Ringler has, against all odds, developed testimony proving that, even though a mentally-ill person placed a jeep across the tracks that the Metrolink train was traveling upon, human error on the part of the Metrolink engineer prevented him from stopping the train before hitting the jeep, which caused the train to derail. In other words, while the jeep certainly never should have been on the tracks, the Metrolink engineer would have been able to stop the train before ever striking the jeep had he only been paying proper attention. That case is scheduled to go to trial on June 8, 2009, with Mr. Ringler as lead counsel.
The verdicts detailed on this page all relate to railroad litigation. However, Mr. Ringler has achieved enormous, record-breaking monetary awards across California in a variety of complex areas. Those accomplishments are detailed elsewhere in this website. To see them, click here.
If you or a loved one has suffered injury or death as a result of the horrific Chatsworth Metrolink Disaster, we are available to discuss your rights with you confidentially and at no charge.
Please feel free to contact us at your convenience. Ask for Mr. Ringler,or any of his partners, at (213) 473-1900.
Train Accident Attorneys
On September 12, 2008, an unprecedented tragedy occurred in Chatsworth, California when Metrolink Train #111 struck a Union Pacific freight train which was traveling on the same tracks. Our hearts go out to the victims. But this tragedy should not have happened. It happened because of human error on the part of Metrolink employees. Unfortunately, as the lawyers of RKA know well, human error by railroad engineers is not at all unique as a cause of commuter rail disasters.
Jerome L. Ringler has greater experience in representing victims of commuter rail and freight train disasters than any other lawyer in the State of California, if not the country. He has served as lead counsel in every one of the largest commuter rail disasters which have occurred in Southern California in the past 10 years.
In the Placentia Commuter Rail Disaster of 2003, Mr. Ringler was appointed by the Court as lead counsel for all of the Plaintiffs. He was requested by all of the lawyers representing individuals injured or killed in that incident to try the first case. That case resulted in the largest verdict for Post Traumatic Stress Disorder ever rendered by a jury in the United States. That verdict, which was for $9 million, is detailed below in the multimedia section.
In the Burbank Commuter Rail Disaster, which also occurred in 2003, Mr. Ringler was again appointed by the Court to serve as lead counsel. In that capacity he was given the responsibility to try the entire liability (i.e., fault) case for all of the victims. In other words, every one of the dozens of lawyers who represented individual victims in that disaster trusted Mr. Ringler to try the liability phase for them, knowing that their clients would only recover if Mr. Ringler was successful. He was. In fact, Mr. Ringler not only obtained a favorable verdict for all of the plaintiffs, he obtained a $12 million verdict for his own client as well. This verdict was the largest in the State of California for a person with the type of injuries Mr. Ringler's client had suffered. This verdict is detailed below in the multimedia section.
Mr. Ringler is currently lead counsel for all plaintiffs in the Glendale Metrolink Derailment Disaster of 2005. This incident was, before September 12, 2008, the largest Metrolink disaster in history. Interestingly, in that case (which involves 11 deaths and dozens of serious injuries), Mr. Ringler has, against all odds, developed testimony proving that, even though a mentally-ill person placed a jeep across the tracks that the Metrolink train was traveling upon, human error on the part of the Metrolink engineer prevented him from stopping the train before hitting the jeep, which caused the train to derail. In other words, while the jeep certainly never should have been on the tracks, the Metrolink engineer would have been able to stop the train before ever striking the jeep had he only been paying proper attention. That case is scheduled to go to trial on June 8, 2009, with Mr. Ringler as lead counsel.
The verdicts detailed on this page all relate to railroad litigation. However, Mr. Ringler has achieved enormous, record-breaking monetary awards across California in a variety of complex areas. Those accomplishments are detailed elsewhere in this website. To see them, click here.
If you or a loved one has suffered injury or death as a result of the horrific Chatsworth Metrolink Disaster, we are available to discuss your rights with you confidentially and at no charge.
Please feel free to contact us at your convenience. Ask for Mr. Ringler,or any of his partners, at (213) 473-1900.
Train Accident Attorneys
Friday, September 12, 2008
Jury selection resumes in O.J. Simpson trial
The judge in the O.J. Simpson armed robbery trial allowed jury selection to proceed Wednesday after looking into a report by two prospective jurors that they were contacted by somebody identifying himself as a member of the media.
Clark County District Court Judge Jackie Glass said she was confident neither person has been influenced by the contact.
It was unclear if the person actually represented a media outlet. Court officials were reviewing videotapes from the courthouse in an attempt to identify the man who contacted the two people after court adjourned Tuesday.
Court information officer Michael Sommermeyer said any media contact with jurors would be a violation of a court order and punishable with a contempt of court finding or confiscation of press credentials.
"The court and the judge are attempting to do everything in their power to empanel a jury that's as unbiased as humanly possible and not tainted by any outside influence," Sommermeyer said.
He said the two people refused to be interviewed and reported the alleged contact to the judge on Wednesday morning.
Prosecutors and defense lawyers are vying for an edge as they try to shape a jury that will decide whether Simpson and a buddy robbed two sports memorabilia dealers at gunpoint in a casino hotel room a year ago.
Twenty people have been dismissed after two days of questioning. No jurors have been seated. Twelve people have advanced through personal questioning by both sides to remain in consideration.
Clark County District Court Judge Jackie Glass said she was confident neither person has been influenced by the contact.
It was unclear if the person actually represented a media outlet. Court officials were reviewing videotapes from the courthouse in an attempt to identify the man who contacted the two people after court adjourned Tuesday.
Court information officer Michael Sommermeyer said any media contact with jurors would be a violation of a court order and punishable with a contempt of court finding or confiscation of press credentials.
"The court and the judge are attempting to do everything in their power to empanel a jury that's as unbiased as humanly possible and not tainted by any outside influence," Sommermeyer said.
He said the two people refused to be interviewed and reported the alleged contact to the judge on Wednesday morning.
Prosecutors and defense lawyers are vying for an edge as they try to shape a jury that will decide whether Simpson and a buddy robbed two sports memorabilia dealers at gunpoint in a casino hotel room a year ago.
Twenty people have been dismissed after two days of questioning. No jurors have been seated. Twelve people have advanced through personal questioning by both sides to remain in consideration.
Texas appeals court stop scheduled execution
Attorneys for a killer who had been scheduled to die Wednesday say he should get a new trial because his trial judge and the prosecutor admitted having a secret sexual relationship that began years before his murder convictions.
Charles Dean Hood won a reprieve Tuesday, but not because of the alleged affair.
The Texas Court of Criminal Appeals said it will reconsider its previous dismissal of an appeal by Hood that challenged jury instructions. The court said developments in the law regarding jury nullification instructions made reconsidering its ruling prudent.
At the same time, the court dismissed claims by Hood's attorneys that he was denied a fair trial because of the alleged relationship between retired Judge Verla Sue Holland and former Collin County District Attorney Tom O'Connell. O'Connell and Holland gave depositions under a court order Hood's attorneys won on Monday.
Charles Dean Hood won a reprieve Tuesday, but not because of the alleged affair.
The Texas Court of Criminal Appeals said it will reconsider its previous dismissal of an appeal by Hood that challenged jury instructions. The court said developments in the law regarding jury nullification instructions made reconsidering its ruling prudent.
At the same time, the court dismissed claims by Hood's attorneys that he was denied a fair trial because of the alleged relationship between retired Judge Verla Sue Holland and former Collin County District Attorney Tom O'Connell. O'Connell and Holland gave depositions under a court order Hood's attorneys won on Monday.
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Wednesday, September 3, 2008
Judge's ruling frees man convicted in 1984 murder
A man convicted in a 1984 gas-station killing has been freed from prison by a judge who ruled his capital murder trial was unconstitutionally flawed.
Darryl Burton, 46, was scheduled to appear Tuesday at a news conference in Kansas City along with the lawyers and supporters who fought for eight years to have his conviction and life sentence thrown out.
Burton was released from the Jefferson City Correctional Center on Friday, the same day prosecutors in St. Louis decided against trying him a second time.
Attorney Cheryl Pilate, of suburban Kansas City, said Monday night that she and co-counsel Charlie Rogers picked Burton up at the prison, along with a Columbia pastor who had befriended him.
"He had his first meal in Columbia with us," Pilate said. The group then went to St. Louis so that Burton could visit with family members, including "nieces and nephews he had never seen before. That was wonderful." He also has family in Kansas City and will live there, she said.
No physical evidence or suggested motive had ever tied Burton to the June 1984 shooting death of Donald Ball at an Amoco station in St. Louis. Instead, he was convicted solely on the testimony of two men who claimed to have witnessed the shooting.
But one of those witnesses, Claudex Simmons, lied during Burton's 1985 trial in St. Louis Circuit Court when he testified that his own criminal history consisted of just two convictions.
Simmons had actually been convicted of at least seven felonies and five misdemeanors — information that should have been disclosed to the jury, Cole County Circuit Judge Richard G. Callahan wrote in an Aug. 18 ruling accompanying a writ of habeas corpus.
Darryl Burton, 46, was scheduled to appear Tuesday at a news conference in Kansas City along with the lawyers and supporters who fought for eight years to have his conviction and life sentence thrown out.
Burton was released from the Jefferson City Correctional Center on Friday, the same day prosecutors in St. Louis decided against trying him a second time.
Attorney Cheryl Pilate, of suburban Kansas City, said Monday night that she and co-counsel Charlie Rogers picked Burton up at the prison, along with a Columbia pastor who had befriended him.
"He had his first meal in Columbia with us," Pilate said. The group then went to St. Louis so that Burton could visit with family members, including "nieces and nephews he had never seen before. That was wonderful." He also has family in Kansas City and will live there, she said.
No physical evidence or suggested motive had ever tied Burton to the June 1984 shooting death of Donald Ball at an Amoco station in St. Louis. Instead, he was convicted solely on the testimony of two men who claimed to have witnessed the shooting.
But one of those witnesses, Claudex Simmons, lied during Burton's 1985 trial in St. Louis Circuit Court when he testified that his own criminal history consisted of just two convictions.
Simmons had actually been convicted of at least seven felonies and five misdemeanors — information that should have been disclosed to the jury, Cole County Circuit Judge Richard G. Callahan wrote in an Aug. 18 ruling accompanying a writ of habeas corpus.
Federal judge to appear in court on sex charges
U.S. District Judge Samuel Kent, usually in charge of dispensing justice, is to find himself on the other side of the bench as a defendant.
Kent was to make his first court appearance Wednesday after being indicted last week on federal sex crimes following a Department of Justice investigation. He is facing two counts of abusive sexual contact and one count of attempted aggravated sexual abuse.
If convicted of attempted aggravated sexual abuse, Kent could face up to life in prison and a fine of up to $250,000. Each of the two counts of abusive sexual contact carries a sentence of up to two years in prison and a fine of up to $250,000.
Kent's attorney, Dick DeGuerin, has said his client is innocent and will stay on the bench while he awaits trial.
Kent's former case manager, Cathy McBroom, accused the judge of physically harassing her in a sexual manner over a four-year period, starting in 2003. The final incident was in March 2007, when she said the judge pulled up her blouse and bra and tried to escalate contact until they were interrupted.
Her accusations were first investigated by the Judicial Council of the 5th U.S. Circuit Court of Appeals, which suspended Kent in September 2007 for four months with pay but didn't detail the allegations against him.
As part of the judicial council's punishment, Kent was transferred to the busy Houston federal courthouse, where McBroom was relocated after reporting her allegations. Kent had been the only U.S. District Court judge in Galveston, an island beach town 50 miles southeast of Houston.
Until his indictment, Kent was known for writing humorous rulings peppered with sarcastic scoldings of lawyers. Kent, a federal jurist in Galveston since President George H.W. Bush appointed him in 1990, has not presided over any high-profile cases.
Kent was to make his first court appearance Wednesday after being indicted last week on federal sex crimes following a Department of Justice investigation. He is facing two counts of abusive sexual contact and one count of attempted aggravated sexual abuse.
If convicted of attempted aggravated sexual abuse, Kent could face up to life in prison and a fine of up to $250,000. Each of the two counts of abusive sexual contact carries a sentence of up to two years in prison and a fine of up to $250,000.
Kent's attorney, Dick DeGuerin, has said his client is innocent and will stay on the bench while he awaits trial.
Kent's former case manager, Cathy McBroom, accused the judge of physically harassing her in a sexual manner over a four-year period, starting in 2003. The final incident was in March 2007, when she said the judge pulled up her blouse and bra and tried to escalate contact until they were interrupted.
Her accusations were first investigated by the Judicial Council of the 5th U.S. Circuit Court of Appeals, which suspended Kent in September 2007 for four months with pay but didn't detail the allegations against him.
As part of the judicial council's punishment, Kent was transferred to the busy Houston federal courthouse, where McBroom was relocated after reporting her allegations. Kent had been the only U.S. District Court judge in Galveston, an island beach town 50 miles southeast of Houston.
Until his indictment, Kent was known for writing humorous rulings peppered with sarcastic scoldings of lawyers. Kent, a federal jurist in Galveston since President George H.W. Bush appointed him in 1990, has not presided over any high-profile cases.
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