Legal / Law News

Friday, July 9, 2010

District Court Grants Lawyers' Committee's Motion to Intervene in Georgia v. Holder in Defense of Minority Voting Rights

The United States District Court in the District of Columbia has granted the motion filed by the Lawyers' Committee and its co-counsel on behalf of Georgia citizens and organizations in State of Georgia v. Holder. This will enable the Lawyers' Committee and its allies to continue working to prevent implementation of a discriminatory voter verification system and to defend the constitutionality of an important provision of the Voting Rights Act.

The voter verification procedures Georgia seeks to implement are flawed and discriminatory.... In addition, Georgia's past and ongoing record of voting discrimination justify why Section 5 continues to be needed in Georgia.

Washington, D.C. (Vocus/PRWEB ) July 9, 2010 -- The United States District Court in the District of Columbia has granted the motion filed by the Lawyers’ Committee and its co-counsel on behalf of Georgia citizens and organizations in State of Georgia v. Holder (Case # 10-1062). This will enable the Lawyers’ Committee and its allies to continue working to prevent implementation of a discriminatory voter verification system and to defend the constitutionality of an important provision of the Voting Rights Act.

Because of Georgia’s history of discrimination in voting, it is one of nine states covered by Section 5 of the Voting Rights Act. As a covered state, Georgia must demonstrate to the Department of Justice (DOJ) or the District Court of the District of Columbia that any changes to its voting procedure or practices are nondiscriminatory before Georgia can implement the changes.

Prior to the November 2008 election, Georgia Election Protection and the Lawyers’ Committee learned that Georgia was informing its counties not to accept the registration of voter applicants who showed up as alleged “non-citizens” in the Department of Drivers Services database unless and until those citizens provided proof of citizenship. The purported non-citizen list turned out to be riddled with errors. Because Georgia implemented these new procedures without seeking federal preclearance, the Lawyers’ Committee and its partners filed suit in federal court in Georgia to block their implementation in Morales v. Handel (Case # 1:08-cv-3712). Subsequent to the filing of the Morales case, Georgia submitted the procedures to DOJ and DOJ objected to them on the ground that they had a discriminatory effect upon minority voters.

Having failed to get preclearance from DOJ for the procedures at issue in Morales and other voter verification procedures, Georgia now seeks preclearance from the District Court in the District of Columbia. Georgia has also made the alternative claim that if the court denies preclearance, Section 5 is unconstitutional as it applies to Georgia.

The Lawyers’ Committee is co-counseling with the American Civil Liberties Union (ACLU) Foundation, the ACLU of the Nation’s Capital and the ACLU of Georgia in representing Tyrone Brooks, the Georgia Association of Black Elected Officials, Edward O. Dubose, the Georgia State Conference of the NAACP, Helen Butler and the Georgia Coalition for the People’s Agenda.

“The voter verification procedures Georgia seeks to implement are flawed and discriminatory,” stated Jon Greenbaum, legal director for the Lawyers’ Committee for Civil Rights Under Law. “In addition, Georgia’s past and ongoing record of voting discrimination justify why Section 5 continues to be needed in Georgia.”

To read the order granting the Lawyers’ Committee’s Motion to Intervene, please click here.

To read the Lawyers’ Committee’s Memorandum in Support of our Motion to Intervene, please click here.

To read the State of Georgia’s Complaint against Attorney General Holder, please click here:
http://www.scribd.com/doc/33473036/Complaint-Georgia-v-Holder-6-21-2010

To learn more about Section 5 of the Voting Rights Act, please click here:
http://www.justice.gov/crt/voting/sec_5/about.php or http://www.lawyerscommittee.org/projects/voting_rights/page?id=0005

About the Lawyers’ Committee
The Lawyers’ Committee for Civil Rights Under Law (LCCRUL), a nonpartisan, nonprofit organization, was formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination. The principal mission of the Lawyers’ Committee is to secure, through the rule of law, equal justice under law, particularly in the areas of fair housing and fair lending, community development, employment discrimination, voting, education and environmental justice. For more information about the LCCRUL, visit www.lawyerscommittee.org.

CONTACT:
Stacie B. Royster
202-662-8317, office
202-445-6101, mobile

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CCA Pays Over $22,000 to American Correctional Association to Claim “Stamp of Approval” at Five Private Prisons

On July 9, private prison firm Corrections Corporation of America (CCA) announced that five of the company’s prisons had been recommended for re-accreditation by the American Correctional Association (ACA), which CCA described as a “stamp of approval.” CCA did not mention that it had paid over $22,000 for those five accreditations, that CCA employees serve as ACA auditors, that CCA is a major sponsor of ACA events, or that ACA-accredited CCA facilities have experienced major security problems.

Nashville, TN (PRWEB) July 9, 2010 -- On July 9, private prison firm Corrections Corporation of America (CCA) announced that five of the company’s prisons had been recommended for re-accreditation by the American Correctional Association (ACA), which CCA described as a “stamp of approval.”

The ACA, a private non-governmental organization composed of current and former corrections employees, offers voluntary accreditation of detention facilities based on the ACA’s self-created standards. There is no oversight or regulation of the organization beyond its own staff.

It is disingenuous for CCA to describe ACA accreditation as a ‘stamp of approval’ when the ACA, a private organization that sets its own standards, accepts payments and donations from CCA.

The ACA’s president-elect, Davidson County, Tennessee Sheriff Daron Hall, is a former CCA program director, and at least two CCA employees serve as ACA auditors – CCA warden Todd Thomas and company vice president Dennis Bradby.

The ACA provides accreditation services to correctional agencies, both public and private, for a fee. As stated by the ACA, facilities that seek accreditation must “pay an accreditation fee.” The organization relies heavily on such fees. For example, in 2008 the ACA reported receiving more than $3.83 million in accreditation fees – over 40% of the organization’s total revenue for that year. Facilities that fail accreditation can re-apply, and the ACA provides waivers for failure to meet certain accreditation standards.

According to a letter posted on the ACA’s website, effective as of January 1, 2009, the cost of accreditation is “$3,000 per day, plus $1,500 for each auditor on the audit team regardless of the size or type of facility.” Thus, at a minimum, CCA paid $22,500 to the ACA in order to obtain re-accreditation at five of the company’s prisons as announced in CCA’s July 9 press release. Last year, CCA paid at least $63,000 to have 13 of its facilities accredited.

ACA accreditation is based largely on documentation provided by the correctional agency being examined, and whether it has certain policies in place – not necessarily whether it follows those policies in practice. Thus, some ACA-accredited CCA facilities have experienced significant problems despite being accredited. For example, earlier this year two prisoners were murdered at CCA’s Saguaro Correctional Center in Eloy, Arizona, which is ACA accredited; CCA’s ACA-accredited Idaho Correctional Center is presently the subject of an ACLU class-action lawsuit that describes systemic violence condoned by CCA staff; and both Hawaii and Kentucky prison officials removed their female prisoners from the CCA-operated Otter Creek Correctional Center in Kentucky, which is also ACA accredited, following a sex abuse scandal in which six CCA employees were charged with sexually abusing or raping prisoners.

One former CCA employee, Donna Como, who served as an accreditation manager, candidly admitted that she helped falsify documents for an ACA audit. “I was the person who doctored the ACA accreditation reports for this company," she stated in December 2008, referring to her employment at the CCA-operated Southern Nevada Women’s Correctional Facility.

In addition to the tens of thousands of dollars that CCA pays to the ACA for accreditation, CCA is also a major sponsor of the ACA’s biannual conferences. In August 2009, CCA sponsored the main banquet at the ACA’s 139th Congress of Corrections held in Nashville, Tennessee – where CCA is headquartered – and has been a major financial supporter of other ACA events. +

“CCA proclaims ACA accreditation of the company’s private, for-profit facilities as a badge of honor and an indication of the quality of CCA’s services,” said Alex Friedmann, president of the Private Corrections Institute and a former CCA prisoner. “Yet CCA basically buys accreditations by paying tens of thousands of dollars in fees, CCA employees serve as ACA auditors, and CCA is a major financial sponsor of the ACA’s conferences. It is disingenuous for CCA to describe ACA accreditation as a ‘stamp of approval’ when the ACA, a private organization that sets its own standards, accepts payments and donations from CCA. That is simply a stamp of CCA getting what it has paid for.”

+ The Private Corrections Institute had a paid booth at the ACA convention in August 2009, where PCI members distributed literature opposing prison privatization.

__________________________

The Private Corrections Institute (PCI), www.privateci.org, is a non-profit citizen watchdog group that educates the public about the significant dangers and pitfalls associated with the privatization of correctional services. PCI maintains an online collection of news reports and other resources related to the private prison industry, and holds the position that for-profit prisons have no place in a free and democratic society.

For further information, please contact:

Ken Kopczynski, Executive Director
Private Corrections Institute
1114 Brandt Drive
Tallahassee, FL 32308
(850) 980-0887

Alex Friedmann, President
Private Corrections Institute
5331 Mt. View Road #130
Antioch, TN 37013
(615) 495-6568

###

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Top Federal Appeals Court Strikes Down D.C.'s Controversial PBM Fiduciary Law

Merritt: ‘A Major Victory for Consumers and Payers Who Want Lower Prescription Drug Costs’

Washington, DC (Vocus/PRWEB ) July 9, 2010 -- In a major victory for consumers and payers, the U.S. Court of Appeals for the District of Columbia today struck down a District law that would have designated pharmacy benefit managers (PBMs) as "fiduciaries" (case number 09-7042). The Court found the key portions of the law, Title II of the DC AccessRx Act of 2004, unconstitutional. A three-judge panel unanimously affirmed a 2009 District Court ruling, finding that, since PBMs engage in claims administration for their clients and are regulated exclusively by Federal ERISA law, states and municipalities cannot impose such requirements.

“This ruling from one of the most respected Federal Appeals Courts in the country allows PBMs to continue to work aggressively to reduce the costs and improve the quality of prescription drug benefits for the 200 million Americans they serve,” said Pharmaceutical Care Management Association (PCMA) President and CEO Mark Merritt.

This ruling from one of the most respected Federal Appeals Courts in the country allows PBMs to continue to work aggressively to reduce the costs and improve the quality of prescription drug benefits for the 200 million Americans they serve.

The D.C. law never went into effect, as a result of an immediate injunction issued by a lower court and subsequent Court rulings (case number 04-1082 RMU). The Court specifically rejected a contrary holding relating to a “nearly identical” Maine statute (First Circuit: 429 F. 3d 294(2005), case number 05-1606) issued by another Appeals Court, stating that “in our view the uniform administrative scheme encouraged by ERISA includes plan administrative functions performed by a third party on behalf of an EBP (employee benefits plan).”

Dozens of states have rejected legislation imposing similar requirements on PBMs upon realizing that such proposals inadvertently raise, not reduce, prescription drug costs.

PCMA represents the nation’s pharmacy benefit managers (PBMs), which improve affordability and quality of care through the use of electronic prescribing (e-prescribing), generic alternatives, mail-service pharmacies, and other innovative tools for 210-plus million Americans.

Follow PCMA on Twitter.

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Thursday, July 8, 2010

Childers, Schlueter & Smith Helps Victims of Parking Garage Collapse Find Justice

In December 2007 a construction worker was killed and another 18 were hospitalized when a parking structure they were working on at Berkman Plaza collapsed. CSS Firm is representing 5 of these individuals, all of whom sustained serious, long-term injuries in a lawsuit seeking compensation from the contractors and subcontractors who operated the project for their alleged gross negligence which lead to the collapse.

Atlanta, Ga. (PRWEB) July 9, 2010 -- Just a few weeks before Christmas, in December 2007, a construction worker was killed when the parking garage structure he was working on collapsed. Another 18 were hospitalized after the calamity and five sustained serious, long-term injuries. The law firm of Childers, Schlueter & Smith today announced it is seeking justice for workers who suffered serious injuries in the collapse.

According to trauma surgeon Dr. Joan Huffman, "The patients were somewhat in emotional shock. They were covered with dirt and concrete. They were frightened." Rescue teams searched the rubble, but were unable to find 26-year-old worker Willie Edwards III’s body until two days later.

More than two years after the collapse, court battles argue over the true cause of the collapse. Formwork subcontractor Southern Pan Services is fighting $132,500 in Occupational Health and Safety Administration (OSHA) fines, alleging the collapse resulted from the removal of temporary supports on the building's lower floors.

According to builder Choate’s superintendant on the job, Greg Roberts, the designer’s plans were delivered incomplete and often provided conflicting directions on how construction should be performed. Based on recordings provided by Roberts to the attorney for Willie Edwards III, he told Choate about the problems and the company chose to ignore them. However, OSHA absolved Choate for any wrongdoing, even after release of the recordings.

The suits, filed on behalf of workers Olvin Martinez (Civil Action 10A27706-2), Santos Ramirez (Civil Action 10A27708-2), Enrique Sierra (Civil Action 10A27707-2) and Ryan Thornhill (Civil Action 10A27709-2) in the State Court of Dekalb County, State of Georgia, seeks compensation for medical expenses, pain and suffering for the Plaintiffs, plus punitive damages for the alleged gross negligence of the contractors and subcontractors working on the building.

About Childers, Schlueter & Smith

Childers, Schlueter & Smith is a preeminent Georgia law firm that takes pride in years of experience and exceptional results. The firm’s personal injury and wrongful death lawyers are devoted to helping victims nationwide receive compensation for their losses. Today, the firm has recovered more than $150,000,000 in verdicts and settlements for their clients.

To find out more about the Berkman Plaza collapse or to learn more about Childers, Schlueter & Smith, call toll free at 1-800-641-0098 or visit http://www.cssfirm.com.

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Matthew Jenkins Illinois Pro Bono Attorney of the Month

Corboy & Demetrio personal injury lawyer, Matthew Jenkins, has been selected as the Illinois Pro Bono Attorney of the Month by Illinois Legal Aid Online.

(Vocus/PRWEB ) July 9, 2010 -- Matthew Jenkins, a personal injury lawyer at the Corboy & Demetrio law firm, has been selected as the Illinois Pro Bono Attorney of the Month by Illinois Legal Aid Online for the exemplary volunteer legal work he has done. He is featured in a video on the website, Illinois Pro Bono.
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Jenkins joined the Chicago-based personal injury law firm of Corboy & Demetrio in 2008. Before returning to the firm where he clerked while attending law school, Matt practiced plaintiffs’ civil rights law at Loevy & Loevy in Chicago.

A graduate of the University of Pennsylvania, he received his Juris Doctorate degree in 2007 from IIT Chicago-Kent College of Law, where he was recognized for both his academic achievements and his commitment to public service. In 2005, the law school honored Matt’s personal dedication to public service by naming him a Public Interest Law Initiative Scholar.

He is an active member of the American Bar Association, American Association for Justice, Illinois Trial Lawyers Association, where he currently serves as co-chairman of its Civil Rights and Criminal Law Committee, and Illinois State Bar Association, where he is an investigator on the Judicial Evaluation Committee. Matt is also President of the Young Professionals Board at the Center for Disability & Elder Law and Chair of the Young Alumni Committee of the Alumni Board at IIT Chicago-Kent College of Law.

Illinois Legal Aid Online develops technology and information to increase access to justice for Illinois residents.

To consult with Attorney Jenkins or any other lawyer at our Chicago personal injury law firm, call 312.346.3191. We are available 24 hours a day, 7 days a week. Keep up-to-date on the Corboy and Demetrio Twitter page.

About Corboy & Demetrio
Corboy & Demetrio is one of the nation’s premier law firms. It represents individuals and their families in serious personal injury and wrongful death cases arising out of airplane and railroad disasters, failed products, medical malpractice and a host of other catastrophic events. Corboy and Demetrio is renowned for its achievements in the courtroom and for its contributions to the community. The rights and concerns of its clients are at the core of Corboy & Demetrio’s practice. That commitment, dedication, compassion and relentless drive has resulted in exceptional service and exceptional results. The firm has acquired more than $3 billion in settlements and verdicts, of which almost 600 were in excess of $1 million.

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Local Maryland Divorce Lawyer Speaks From Experience

Regina A. DeMeo, an attorney with the suburban Maryland law firm of Joseph, Greenwald and Laake, PA shared her personal story of divorce and its effects on her business and professional life. DeMeo's story was featured in the Washington Post and several other media outlets.

(Vocus/PRWEB ) July 9, 2010 -- Regina A. DeMeo, an attorney with Joseph, Greenwald & Laake, PA (http://www.jgllaw.com) helped to shed some light on the recent debate over the Uniform Collaborative Law Act.

Regina DeMeo, Esquire

On June 20, 2010, the Washington Post featured Ms. DeMeo’s personal story and how her own divorce sparked her interest in promoting Collaborative Divorce. That story has been picked up by journals all over the country, and last week became one of the American Bar Association Journal’s top 10 stories of the week. The public debate that has been fueled by this story has finally brought to the surface a political struggle that has gone undetected by most Americans for some time. There are heavy lobbying forces that do not want the Uniform Collaborative Law Act to pass in their states, including Maryland.

Collaborative Divorce is an alternative to litigation, where the parties agree not to go to court, to exchange all relevant information, and to work together to generate options for a final resolution that is in the family’s best interest. The parties’ counsel will work together with mental health professionals, known as “divorce coaches” and a financial expert to assist the parties in reaching a settlement that both parties can live with. The normal privileges of confidentiality are waived, so that the team can work together to better understand the parties’ concerns and generate solutions to address those issues. If the parties are unable to reach a final agreement, the entire team is disbanded, and the parties must obtain all new counsel and outside experts. The incentive is therefore high for the parties and all experts involved to work together to reach a final resolution, using the law as just one of many reference points in determining a fair outcome.

Ms. DeMeo is currently Co-President of Collaborative Divorce Association, Inc. in Maryland, and she lectures at Georgetown University, The George Washington University Law School, and various associations and court venues on this topic. Collaborative Divorce currently comprises about 25% of her family law practice at Joseph, Greenwald & Laake, PA.

Joseph Greenwald & Laake is a full service law firm with 33 lawyers, practicing in several areas, including family law, business, real estate, trust and estates, tax, criminal, employment, personal injury and medical malpractice. JGL serves local and national clients in Washington, DC, and throughout Maryland. It has offices in Montgomery, Prince George’s and Howard Counties.

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Panish Shea & Boyle LLP Jury Verdict Included in The Recorder’s List of 2009 Largest California Verdicts

The plaintiff’s law firm of Panish Shea & Boyle LLP has been recognized in the June 28th edition of The Recorder for having one of the largest California verdicts in 2009.

Los Angeles, California (PRWEB) July 9, 2010 -- The plaintiff’s law firm of Panish Shea & Boyle LLP has been recognized in the June 28th edition of The Recorder for having one of the largest California verdicts in 2009.

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The firm’s $21,067,093.53 record jury verdict in the case Michael Nelsen v. Hillyard Inc. et. al. was ranked number 13 on the list of California’s Million Dollar Verdicts. It was the largest verdict in California history for a stroke victim and is believed to be the highest personal injury verdict in San Bernardino County history. The Recorder is a leading provider of essential California legal content with both print and online publications relating to the business of law.

At trial, Panish Shea & Boyle LLP attorneys Brian J. Panish and Spencer R. Lucas represented Michael Nelsen, a 29-year-old Iraq War veteran from Orange County, California who suffered serious injuries when a Hillyard truck rear-ended the vehicle in which Mr. Nelsen was a passenger. Mr. Nelsen suffered a stroke as the result of his injuries leaving him with permanent brain damage. The case was previously selected as a High Impact Verdict of the Year by the Daily Journal in its 2009 Top Plaintiff’s Verdicts publication.

Panish Shea & Boyle LLP is a personal injury law firm based in Los Angeles, California with lawyers who handle catastrophic injury, wrongful death and other serious accident cases throughout the state and nationwide. The firm’s attorneys have been recognized among the 100 Most Influential Lawyers in California, as Trial Lawyer of the Year by various organizations, and consistently by Super Lawyers® and Best Lawyers® publications.

Panish Shea & Boyle LLP
11111 Santa Monica Blvd.
Suite 700
Los Angeles CA 90025
877-800-1700

Michael Nelsen v. Hillyard, Inc., et al., Case No. CIVSS 800884
Superior Court of the State of California, County of San Bernardino
The Hon. Brian S. McCarville, presiding

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Legal / Law News

Friday, July 9, 2010

District Court Grants Lawyers' Committee's Motion to Intervene in Georgia v. Holder in Defense of Minority Voting Rights

CCA Pays Over $22,000 to American Correctional Association to Claim “Stamp of Approval” at Five Private Prisons

Top Federal Appeals Court Strikes Down D.C.'s Controversial PBM Fiduciary Law

Thursday, July 8, 2010

Childers, Schlueter & Smith Helps Victims of Parking Garage Collapse Find Justice

Matthew Jenkins Illinois Pro Bono Attorney of the Month

Local Maryland Divorce Lawyer Speaks From Experience

Panish Shea & Boyle LLP Jury Verdict Included in The Recorder’s List of 2009 Largest California Verdicts

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