Attorney News 2015/02/09 15:33
A former coal company executive is seeking the dismissal of charges stemming from a 2010 mine explosion that killed 29 workers in West Virginia.
Don Blankenship, former chief executive officer of Massey Energy, also has asked the court to disqualify U.S. District Judge Irene Berger from hearing his case.
Blankenship’s lawyers filed a dozen motions to dismiss on Friday, along with the disqualification motion and other documents, exhibits and legal briefs, The Charleston Gazette reported.
Details of filings in the case are unavailable to the public under a gag order issued by Berger. The Charleston Gazette, The Associated Press and other media outlets are challenging the order, which prohibits parties or victims from discussing the case with reporters or releasing court documents.
Blankenship is charged with conspiring to violate safety and health standards at the Upper Big Branch Mine in Raleigh County. He also is charged with lying to federal financial regulators about safety measures in the deadly explosion. His trial is scheduled to begin April 20 in U.S. District Court in Beckley.
The dismissal motions and other filings came a day after Blankenship sued Alpha Natural Resources in a Delaware court. Bristol, Virginia-based Alpha bought Massey in June 2011.

Topics in Legal News 2015/02/04 09:44
The brother of a murder victim has been arrested after authorities say he attacked his sister's killer in Onslow County court.
Authorities say 26-year-old Alfonso Law of Acworth, Georgia, has been charged with contempt of court, assault on a government official, simple assault, and disorderly conduct.
News outlets report that Law charged at 26-year-old Pernell Jones on Monday as Jones pleaded guilty to second-degree murder in the death of 15-year-old Anita Law.
After Jones admitted to killing the teenager, Law rushed at him and both men ended up on the floor before deputies pulled them apart,
Jones was sentenced to between 16 and 20 years in prison.
Alfonso Law goes before Judge Charles Henry on the contempt charge Thursday. It was not immediately known if he had an attorney.
Court News 2015/02/04 09:44
Nearly five years after President Barack Obama signed his health care overhaul into law, its fate is yet again in the hands of the Supreme Court.
This time it's not just the White House and Democrats who have reason to be anxious. Republican lawmakers and governors won't escape the political fallout if the court invalidates insurance subsidies worth billions of dollars to people in more than 30 states.
Obama's law offers subsidized private insurance to people who don't have access to it on the job. Without financial assistance with their premiums, millions of those consumers would drop coverage.
And disruptions in the affected states don't end there. If droves of healthy people bail out of HealthCare.gov, residents buying individual policies outside the government market would face a jump in premiums. That's because self-pay customers are in the same insurance pool as the subsidized ones.
Health insurers spent millions to defeat the law as it was being debated. But the industry told the court last month that the subsidies are a key to making the insurance overhaul work. Withdrawing them would "make the situation worse than it was before" Congress passed the Affordable Care Act.
The debate over "Obamacare" was messy enough when just politics and ideology were involved. It gets really dicey with the well-being of millions of people in the balance. "It is not simply a function of law or ideology; there are practical impacts on high numbers of people," said Republican Mike Leavitt, a former federal health secretary.
The legal issues involve the leeway accorded to federal agencies in applying complex legislation. Opponents argue that the precise wording of the law only allows subsidies in states that have set up their own insurance markets, or exchanges. That would leave out most beneficiaries, who live in states where the federal government runs the exchanges. The administration and Democratic lawmakers who wrote the law say Congress' clear intent was to provide subsidies to people in every state.

Attorney News 2015/01/30 10:05
A treasure hunter locked in a legal battle over one of the greatest undersea hauls in American history was scheduled to appear in federal court Thursday after two years on the run.
The U.S. Marshals Service captured former fugitive Tommy Thompson at a Hilton hotel in West Boca Raton on Tuesday. The capture was announced Wednesday by Brian Babtist, a senior inspector in the agency's office in Columbus, Ohio, where a federal civil arrest warrant was issued for him in 2012 for failing to show up to a key court hearing. A criminal contempt warrant was unsealed Wednesday.
Thompson had been on the lam for two years, accused of cheating investors out of their share of $50 million in gold bars and coins he had recovered from a 19th century shipwreck.
Thompson made history in 1988 when he found the sunken S.S. Central America, also known as the Ship of Gold. In what was a technological feat at the time, Thompson and his crew brought up thousands of gold bars and coins from the shipwreck. Much of that was later sold to a gold marketing group in 2000 for about $50 million.

Attorney News 2015/01/30 10:05
The Supreme Court has ordered Oklahoma to postpone lethal injections executions using a controversial sedative until the court rules in a challenge involving the drug.
The court's order Wednesday came as little surprise after both the state and the lawyers for three inmates who faced execution between now and March requested the temporary halt. The justices agreed on Friday to take up the challenge to the use of the sedative midazolam, which has been used in problematic executions in Arizona, Ohio and Oklahoma.
The case will be argued in April and decided by late June.
Left open by the court's order is whether Oklahoma can carry out an execution that does not involve midazolam.
Court News 2015/01/20 11:11
The Supreme Court is weighing whether candidates for elected judgeships have a constitutional right to make personal appeals for campaign cash.
The justices are hearing an appeal from Lanell Williams-Yulee of Tampa, Florida, who received a public reprimand for violating a Florida Bar rule that bans candidates for elected judgeships from personally soliciting donations.
The bar and many good government groups say the ban that is in place in Florida and 29 other states is important to preserve public confidence in an impartial judiciary.
A ruling for Williams-Yulee could free judicial candidates in those states to ask personally for campaign contributions.
In all, voters in 39 states elect local and state judges. In the federal judicial system, including the Supreme Court, judges are appointed to life terms and must be confirmed by the Senate.
The arguments are taking place five years after the Supreme Court freed corporations and labor unions to spend freely in federal elections. The court has generally been skeptical of limits on political campaigns, though slightly less so when it comes to those involving judges.
In 2002, the court struck down rules that were aimed at fostering impartiality among judges and barred candidates for elected judgeships from speaking out on controversial issues. But in 2009, the court held in a case from West Virginia that elected judges could be forced to step aside from ruling on cases when large campaign contributions from interested parties create the appearance of bias.
