SENATE—Tuesday, February 8, 2005
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
2012 Civil Rights Day Booklet
Advancing Civil Rights Through Advocacy 9th Annual West Virginia Civil Rights Day Tuesday, February 28, 2012, 11:00 AM Norman L. Fagan West Virginia State Theater The WV Division of Cultural and History State Capitol Complex 1900 Kanawha Blvd. E. Charleston, WV 25305 Sponsored by: State of West Virginia Office of the Governor WV Division of Culture and History WV State University WV Human Rights Commission 2 Master of Ceremonies The Honorable Terry Walker, The Occasion Commissioner WV Human Rights Commission HONOREES’ ENTRANCE Greetings on behalf of Karl Gattlieb, Commissioner the Commission: WV Human Rights Commission Musical Selection: Randall Reid-Smith, Commissioner WV Department of Culture and History Invocation: Bishop David Stockton West Virginia State University Introduction of Governor: Rev. Wesley Dobbs, Commissioner WV Human Rights Commission Presentation of Proclamation, The Honorable Earl Ray Tomblin, Remarks & Honoree Photos Governor Presentation of Honoree Awards Michael J. Lewis, M.D., Ph.D Cabinet Secretary, DHHR Musical Selection: Randall Reid-Smith, Commissioner WV Department of Culture and History Presentation of Special Awards & Phyllis H. Carter, Sponsor Certificates: Acting Executive Director WV Human Rights Commission **Special Closing Musical Selection** LUNCHEON 12:00 NOON—1:30 PM 3 Advancing Civil Rights Through Advocacy West Virginia Civil Rights Day February 28, 2012 Governor Earl Ray Tomblin 4 PROCLAMATION by Governor Earl Ray Tomblin Whereas, equal rights and opportunities for all West Virginians are fundamental -
9/11 Report”), July 2, 2004, Pp
Final FM.1pp 7/17/04 5:25 PM Page i THE 9/11 COMMISSION REPORT Final FM.1pp 7/17/04 5:25 PM Page v CONTENTS List of Illustrations and Tables ix Member List xi Staff List xiii–xiv Preface xv 1. “WE HAVE SOME PLANES” 1 1.1 Inside the Four Flights 1 1.2 Improvising a Homeland Defense 14 1.3 National Crisis Management 35 2. THE FOUNDATION OF THE NEW TERRORISM 47 2.1 A Declaration of War 47 2.2 Bin Ladin’s Appeal in the Islamic World 48 2.3 The Rise of Bin Ladin and al Qaeda (1988–1992) 55 2.4 Building an Organization, Declaring War on the United States (1992–1996) 59 2.5 Al Qaeda’s Renewal in Afghanistan (1996–1998) 63 3. COUNTERTERRORISM EVOLVES 71 3.1 From the Old Terrorism to the New: The First World Trade Center Bombing 71 3.2 Adaptation—and Nonadaptation— ...in the Law Enforcement Community 73 3.3 . and in the Federal Aviation Administration 82 3.4 . and in the Intelligence Community 86 v Final FM.1pp 7/17/04 5:25 PM Page vi 3.5 . and in the State Department and the Defense Department 93 3.6 . and in the White House 98 3.7 . and in the Congress 102 4. RESPONSES TO AL QAEDA’S INITIAL ASSAULTS 108 4.1 Before the Bombings in Kenya and Tanzania 108 4.2 Crisis:August 1998 115 4.3 Diplomacy 121 4.4 Covert Action 126 4.5 Searching for Fresh Options 134 5. -
A Report on the Litigation Lobby
CENTER FOR LEGAL POLICY AT THE MANHATTAN INSTITUTE C L P STREET NW A REPORT ON THE LITIGATION LOBBY 2010 A Message from the Director merica’s litigation-friendly legal system continues to im- law is, for the most part, crafted by state judges rather than en- A pose a heavy burden on our economy. The annual direct acted by state legislatures, these efforts have centered on ensuring cost of American tort litigation—excluding much securities liti- a friendly judiciary, whether appointed or elected. gation, punitive damages, and the multibillion-dollar settlement With business groups now fighting back against Trial Lawyers, reached between the tobacco companies and the states in 1998— Inc.’s longtime grip on state judiciaries, the litigation lobby has exceeds $250 billion, almost 2 percent of gross domestic prod- turned its attention to state legislatures, where it is not only block- uct.1 The indirect costs of excessive litigiousness (for example, the ing tort reforms but working to expand its portfolio of litigation unnecessary tests and procedures characterizing the practice of opportunities. Among other things, state legislators are authoriz- “defensive” medicine, or the loss of the fruits of research never ing new kinds of lawsuits, raising damage caps, and giving private undertaken on account of the risk of abusive lawsuits) are prob- lawyers authority to sue on behalf of the state. ably much greater than the direct costs themselves.2 Of course, the growth in federal regulation and law has made Of course, tort litigation does do some good, and it does deter it necessary for Trial Lawyers, Inc. -
Judicial Hellholes Report
“ Since the Supreme Court of the United States is the highest authority as concerns federal constitutional questions such as the present one, I am unable to join an opinion of a state court that does not abide by its latest pronouncement.” – Supreme Court of Pennsylvania Chief Justice Thomas Saylor in his dissenting opinion in Hammons v. Ethicon (October 21, 2020). “ The current construction of PAGA by California courts [which have their own constitutional infirmities] gives rise to the following unconstitutional framework: valid and binding arbitration agreements are rendered unenforceable; private contingency-fee attorneys are permitted to litigate on behalf of the state without oversight or coordination with any state official; private attorneys are allowed to negotiate settlements that enrich themselves at the expense of everyone but themselves.” – California Business & Industry Alliance in its suit against the State of California alleging a lack of governmental oversight of PAGA litigation. “ The average New Yorker feels the pain too. Nuclear verdicts (and routinely excessive verdicts) drive insurers from the market and increase premiums. The twin pressures of decreasing competition and increased insurance costs are ultimately passed through to the consumer. This is the same consumer and taxpayer who was leaving New York at a higher rate than any of the 50 states even before COVID-19.” – The New York Law Journal writing about the economic impact of New York’s legal climate and the rise in excessive verdicts. “ Welcome to St. Louis, the new hot spot for litigation tourists. The city’s circuit court is known for fast trials and big awards.” – Margaret Cronin Fisk, Bloomberg News “ I talk to business owners and lobbyists who represent business owners and they would not come here for anything… I’m sorry I get flustered when I hear people say we are bringing in money. -
Alabama at a Glance
ALABAMA ALABAMA AT A GLANCE ****************************** PRESIDENTIAL ****************************** Date Primaries: Tuesday, June 1 Polls Open/Close Must be open at least from 10am(ET) to 8pm (ET). Polls may open earlier or close later depending on local jurisdiction. Delegates/Method Republican Democratic 48: 27 at-large; 21 by CD Pledged: 54: 19 at-large; 35 by CD. Unpledged: 8: including 5 DNC members, and 2 members of Congress. Total: 62 Who Can Vote Open. Any voter can participate in either primary. Registered Voters 2,356,423 as of 11/02, no party registration ******************************* PAST RESULTS ****************************** Democratic Primary Gore 214,541 77%, LaRouche 15,465 6% Other 48,521 17% June 6, 2000 Turnout 278,527 Republican Primary Bush 171,077 84%, Keyes 23,394 12% Uncommitted 8,608 4% June 6, 2000 Turnout 203,079 Gen Election 2000 Bush 941,173 57%, Gore 692,611 41% Nader 18,323 1% Other 14,165, Turnout 1,666,272 Republican Primary Dole 160,097 76%, Buchanan 33,409 16%, Keyes 7,354 3%, June 4, 1996 Other 11,073 5%, Turnout 211,933 Gen Election 1996 Dole 769,044 50.1%, Clinton 662,165 43.2%, Perot 92,149 6.0%, Other 10,991, Turnout 1,534,349 1 ALABAMA ********************** CBS NEWS EXIT POLL RESULTS *********************** 6/2/92 Dem Prim Brown Clinton Uncm Total 7% 68 20 Male (49%) 9% 66 21 Female (51%) 6% 70 20 Lib (27%) 9% 76 13 Mod (48%) 7% 70 20 Cons (26%) 4% 56 31 18-29 (13%) 10% 70 16 30-44 (29%) 10% 61 24 45-59 (29%) 6% 69 21 60+ (30%) 4% 74 19 White (76%) 7% 63 24 Black (23%) 5% 86 8 Union (26%) -
Judicial Hellholes 2012/13
JUDICIALHELLHOLES® 2012/13 JUDICIAL JUDICIAL HELL H OLES 2012 OLES / 13 1 “ What I call the ‘magic jurisdiction,’ [is] where the judiciary is elected with verdict money. The trial lawyers have established relationships with the judges … and it’s almost impossible to get a fair trial if you’re a defendant in some of these places. … Any lawyer fresh out of law school can walk in there and win the case, so it doesn’t matter what the evidence or law is.” — Richard “Dickie” Scruggs, legendary Mississippi trial lawyer who built an empire of influence suing tobacco companies, HMOs and asbestos-related companies, but who has since been disbarred and sentenced to federal prison after pleading guilty to conspiracy in an attempt to bribe a judge. CONTENTS PREFACE . 2 EXECUTIVE SUMMARY . 3 JUDICIAL HELLHOLES . 7 #1 California . 7 #2 West Virginia . 10 #3 Madison County, Illinois . 12 #4 New York City and Albany, New York . 15 #5 Baltimore, Maryland . 19 WATCH LIST . 21 Philadelphia, Pennsylvania . 21 South Florida . 23 Cook County, Illinois . 25 New Jersey . 27 Nevada . 29 Louisiana . 30 DISHONORABLE MENTIONS . 33 Missouri Supreme Court Strikes down Noneconomic Damages Limit . 33 Washington Supreme Court Hits Protective Equipment Maker with Liability . 33 POINTS OF LIGHT . 35 IN THE COURTS California Supreme Court Finds Companies Not Liable for Products of Others Attached to Theirs after Sale . 35 Illinois Supreme Court Finds that Landowners Are Not Liable to Trespassers Who Ignore Obvious Dangers . 35 Kansas Supreme Court Rejects Attempt to Nullify Limit on Pain & Suffering Damages . 36 Mississippi Supreme Court Reins in Attorney General’s Alliance with Plaintiffs’ Lawyers . -
Boilermakers Help Build World's Largest Solar Thermal Facility
REPOTHE RTER The official publication of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, AFL-CIO/CLC JUL- SEP 2012 Volume 51 | Number 3 Boilermakers help build world’s largest solar thermal facility L-92 leads critical work at innovative Ivanpah Valley project RISING FROM THE floor of California’s Mojave Desert, about 40 miles southwest of Las Vegas, the Ivanpah Solar Electric Gener- ating System’s three 459-foot towers resemble missile launch pads. They are the most visible features of a 3,600-acre development that will use focused sunlight to turn water to steam and steam to electricity. The $2.2 billion, 392-MW project is being built by BrightSource Energy and will pro- vide power to PG&E and Southern California Edison. The U.S. Department of Energy has guaranteed about $1.4 billion for the project. Boilermakers from Local 92 (Los Ange- les) and sister locals, along with other crafts, are building the SEGS under a project labor agreement between Bechtel and the State Building and Construction Trades Council of California and the Building & Construction Trades Council of San Bernardino and River- side Counties. Scheduled for completion in 2013, the proj- ect reached the half-way mark this summer, see IVANPAH, PG. 12 . 1023 NONPROFIT ORG. NONPROFIT PAID POSTAGE U.S. SOUTHERN, MD PERMIT NO MAIN steWARD BOB FURNISH stands below the unit 1 tower at Ivanpah. The boiler sits atop the tower and is coated with a black, heat-absorbing material. Chris Farina Photography INSIDE THIS ISSUE Rally Industrial Sector meets targets 2 Ryan 5 EPORTER R , SUITE 565 SUITE , GET OUT AND VOTE! VENUE 9 A CITY, 66101 KS CITY, Delisle first female S A S in national 53 STATE STATE 53 KAN THE BOILERMAKER BOILERMAKER THE 7 apprentice competition THE BOILERMAKER REPORTER 2 JU L- SEP 2012 HEADLINE NEWS ISO conference keys on global labor issues, U.S. -
West Virginia As a Judicial Hellhole: Why Businesses Fear Litigating in State Courts
Volume 111 Issue 3 Article 8 April 2009 West Virginia as a Judicial Hellhole: Why Businesses Fear Litigating in State Courts Victor E. Schwartz Shook, Hardy & Bacon L.L.P. Sherman Joyce American Tort Reform Association Cary Silverman Shook, Hardy & Bacon L.L.P. Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Torts Commons Recommended Citation Victor E. Schwartz, Sherman Joyce & Cary Silverman, West Virginia as a Judicial Hellhole: Why Businesses Fear Litigating in State Courts, 111 W. Va. L. Rev. (2009). Available at: https://researchrepository.wvu.edu/wvlr/vol111/iss3/8 This Article is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. Schwartz et al.: West Virginia as a Judicial Hellhole: Why Businesses Fear Litigat WEST VIRGINIA AS A JUDICIAL HELLHOLE: WHY BUSINESSES FEAR LITIGATING IN STATE COURTS Victor E. Schwartz* ** Sherman Joyce Cary Silverman*** I. WHAT THE JUDICIAL HELLHOLES REPORT Is AND Is NOT ................. 758 II. FAILURES OF WEST VIRGINIA'S CIVIL JUSTICE SYSTEM .................... 760 A. Lack of Appellate Review ....................................................... 760 B. Home Court Advantage ......................................................... 764 C. ProceduralUnfairness ........................................................... 766 1. Mass -
Case 1:06-Cv-00433-LTS-RHW Document 683 Filed 07/08/10 Page 1 of 11
Case 1:06-cv-00433-LTS-RHW Document 683 Filed 07/08/10 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION UNITED STATES OF AMERICA ex rel. CORI RIGSBY and KERRI RIGSBY RELATORS/COUNTER-DEFENDANTS v. CASE NO. 1:06cv433-LTS-RHW STATE FARM FIRE AND CASUALTY COMPANY DEFENDANT/COUNTER-PLAINTIFF and FORENSIC ANALYSIS ENGINEERING CORPORATION; HAAG ENGINEERING CO.; and ALEXIS KING DEFENDANTS STATE FARM FIRE AND CASUALTY COMPANY’S REBUTTAL MEMORANDUM IN SUPPORT OF ITS [671] MOTION FOR LIMITED AMENDMENT TO CASE MANAGEMENT ORDER [365] Robert C. Galloway (MSB #4388) Michael B. Beers ( ASB-4992-S80M ), PHV Jeffrey A. Walker (MSB #6879) BEERS, ANDERSON, JACKSON, PATTY & E. Barney Robinson III (MSB #09432) FAWAL, P.C. Benjamin M. Watson (MSB #100078) Post Office Box 1988, Suite 100 Amanda B. Barbour (MSB #99119) 250 Commerce Street (36104) Montgomery, Alabama 36102 BUTLER, SNOW, O’MARA, STEVENS & (P) (334) 834-5311 CANNADA, PLLC (F) (334) 834-5362 Post Office Drawer 4248 (E) [email protected] Gulfport, MS 39502 (P) (228) 575-3019 PRO HAC VICE (E) [email protected] James R. Robie (CA State Bar # 67303), PHV BUTLER, SNOW, O’MARA, STEVENS & ROBIE & MATTHAI CANNADA, PLLC Biltmore Tower, Suite 1500 200 Renaissance at Colony Park, Suite 1400 500 South Grand Avenue 1020 Highland Colony Parkway (39157) Los Angeles, California 90071 Post Office Box 6010 (P) (213) 706-8000 Ridgeland, MS 39158-6010 (F) (213) 706-9913 (P) (601) 948-5711 (E) [email protected] (F) (601) 985-4500 (E) [email protected] PRO HAC VICE (E) [email protected] (E) [email protected] (E) [email protected] Case 1:06-cv-00433-LTS-RHW Document 683 Filed 07/08/10 Page 2 of 11 Defendant/Counter-Plaintiff State Farm Fire and Casualty Company (“State Farm”) respectfully submits this Rebuttal Memorandum, pursuant to Federal Rule of Civil Procedure 16(b)(4), in Further Support of its [671] Motion for a Limited Amendment to the Case Management Order [365]. -
United States District Court District of Connecticut
Case 3:09-cv-00590-JCH Document 160 Filed 04/12/11 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CHRISTOPHER WILSON, individually and on ) behalf of all others similarly situated, et al., ) ) Plaintiffs, ) ) CASE NO. 3:09-CV-00590 (JCH) v. ) ) DIRECT BUY, INC., ) UNITED CONSUMERS CLUB, INC., and ) DIRECTBUY HOLDINGS, INC., ) ) Defendants. ) APRIL 12, 2011 ) MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE OF THE ATTORNEYS GENERAL OF CONNECTICUT, TENNESSEE, ALASKA, ARIZONA, ARKANSAS, COLORADO, DELAWARE, THE DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, IDAHO, ILLINOIS, IOWA, LOUISIANA, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, MISSISSIPPI, MISSOURI, MONTANA, NEVADA, NEW HAMPSHIRE, NEW MEXICO, NEW YORK, NORTH DAKOTA, OHIO, OKLAHOMA, OREGON, PUERTO RICO, RHODE ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, TEXAS, UTAH, VERMONT, WASHINGTON, AND WEST VIRGINIA IN OPPOSITION TO THE PROPOSED SETTLEMENT Case 3:09-cv-00590-JCH Document 160 Filed 04/12/11 Page 2 of 6 The Attorneys General1 of the signatory and supporting states (hereinafter “the Attorneys General”), make this special appearance2 to respectfully request that this Honorable Court grant leave for them to file their Brief Amicus Curiae in Opposition to the Proposed Settlement Agreement in this action. Among other responsibilities, the Attorneys General have mandates from their respective States to protect consumers. The Attorneys General are granted broad powers by their respective legislatures to accomplish that goal. The Attorneys General are also statutorily empowered by the United States Congress to receive and review all class action settlements. Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4. (“CAFA”). CAFA not only contemplates a role for settlement review by the Attorneys General, but it keys the earliest date that a final order can be entered to when governmental notice of the settlement is provided. -
The Nation's Worst State Attorneys General
Competitive Enterprise Institute Issue Analysis The Nation's Worst State Attorneys General By Hans Bader July 2010 Advancing Liberty From the Economy to Ecology 2010 No. 2 The Nation’s Worst State Attorneys General By Hans Bader Executive Summary State attorneys general (AGs) are among the most powerful offi ce holders in the country, with few institutional checks on their powers. A state attorney general, such as Oklahoma’s Drew Edmondson, can bring a politically motivated prosecution in violation of the First Amendment, yet his victims may well have no legal redress. With the possible exception of former New York Attorney General Eliot Spitzer, the enormous power wielded by state attorneys general has received little scrutiny. This discussion of the nation’s half-dozen worst attorneys general, like its 2007 precursor, seeks to focus much needed attention on their most egregious abuses of power. The historic function of a state attorney general is to act as the state’s chief legal advisor, charged with defending the state in court and giving legal opinions to offi cials on pending bills and policies. In some instances, attorneys general have been entrusted by state legislatures with enforcing specifi ed laws, assisting district attorneys in prosecuting serious crimes, and disseminating legal information. Like other government offi ces, state attorney general offi ces were designed to have limited powers, set forth by their respective state constitutions and statutes. Under all state constitutions, the legislature, not the attorney general, is given the power to make laws. If the legislature has not specifi cally given the attorney general the right to enforce a particular law, then he may be exceeding his authority by bringing a lawsuit under it. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, SECOND SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION Vol. 144 WASHINGTON, THURSDAY, JUNE 11, 1998 No. 75 Senate The Senate met at 9:45 a.m. and was mittee substitute. Assuming cloture think that is why the majority leader called to order by the President pro fails, the Senate will continue debate was happy to say he will allow the tempore [Mr. THURMOND]. on the tobacco bill. The Senate may Democrats to have sort of a sub- also consider any other legislative or stantive amendment of their own PRAYER executive items that may be cleared choosing, and then we can proceed for- The Chaplain, Dr. Lloyd John for action. Therefore, rollcall votes are ward. But we can work this out. I just Ogilvie, offered the following prayer: possible throughout today's session of wanted to make sure at least that was Almighty God, our purpose is to glo- the Senate. on the record at this time. rify You by serving our Nation. We Several Senators addressed the Mr. SMITH of Oregon. Mr. President, want to express an energetic earnest- Chair. I don't suspect that will be a problem. ness about our work today. Help us to The PRESIDING OFFICER (Mr. ROB- We are going to check with the chair- know what You want and then want ERTS). The Senator from Massachusetts man and try and accommodate. what we know; to say what we mean, is recognized. f and mean what we say.