Legal Insight 2012/02/13 10:14
An Italian court Monday convicted two men of negligence in some 2,000 asbestos-related deaths blamed on contamination from a construction company, sentencing each of them to 16 years in prison and ordering them to pay millions in what officials called a historic case.
Italian Health Minister Renato Balduzzi hailed the verdict by the three-judge Turin court as "without exaggeration, truly historic," noting that it came after a long battle for justice.
"It's a great day, but that doesn't mean the battle against asbestos is over," he told Sky TG24 TV, stressing that it is a worldwide problem.
Prosecutors said Jean-Louise de Cartier of Belgium and Stephan Schmidheiny of Switzerland, both key shareholders in the Swiss construction firm Eternit, failed to stop asbestos fibers left over from production of roof coverings and pipes at its northern Italian factories from spreading across the region.
During the trial, which has stretched on since December 2009, some 2,100 deaths or illnesses were blamed on the asbestos fibers, which can cause grave lung problems, including cancer. Prosecutors said the contamination stretched over decades.
The defendants had denied wrongdoing.
Hundreds of people, many of them who had lost parents or spouses to asbestos-linked diseases, crowded the courtroom and two nearby halls to gather for the verdict. When the convictions were announced, some of the spectators wept.
Two hours after announcing the convictions, Judge Giuseppe Casalbore was still reading the court's complete verdict, which included awards of monetary damages from civil lawsuits from some 6,300 victims or their relatives who alleged that loved ones either died or were left ill from asbestos.

Law Firm News 2012/02/12 10:14
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Court Watch 2012/02/10 09:28
Corporations are asking the Supreme Court to allow them to spend freely to influence upcoming elections in Montana, despite a state high court ruling upholding a ban on independent corporate campaign spending.
Three groups filed papers with Justice Anthony Kennedy on Friday, saying that the Montana court's decision in December is out of step with Kennedy's majority opinion in the 2010 Citizens United case that struck down a federal ban on independent campaign spending.
The American Tradition Partnership and two other groups sued soon after the 2010 decision to overturn Montana's century-old corporate spending ban. But the state Supreme Court said the Montana law could remain in place because it was a response to political corruption and allows for some corporate spending.
Court News 2012/02/09 10:03
The Mississippi Supreme Court is set to hear arguments over whether ex-Gov. Haley Barbour legally pardoned 10 current and former inmates.
Among the inmates are four convicted murderers who served as trusties at the Governor's Mansion while Barbour was in office.
The Supreme Court is not expected to rule Thursday.
Barbour pardoned 198 people in his final days in office. Most were already out of prison, some for years or decades.
State Attorney General Jim Hood is challenging the legality of some of the pardons, saying some people didn't publish notifications as Hood says is required in Mississippi's Constitution.
Five of those pardoned are being held in jail on a temporary restraining order while the legal wrangling plays out.
Legal Insight 2012/02/08 09:41
The U.S. Supreme Court on Wednesday added another wrinkle to Ohio's debate over how strictly the state's lethal injection procedures should be followed.
The court without comment refused to allow the execution of a condemned killer of an elderly couple to proceed, an execution delayed by federal courts over concerns that the state continues to deviate too often from its written rules for lethal injection.
Both the state and the inmate's attorneys were trying Wednesday to determine what comes next, but the decision is likely to further delay executions even though Ohio's procedures have never been ruled unconstitutional.
The court denied the state's appeal of decisions in inmate Charles Lorraine's case that said Ohio had strayed too far from its execution policies to be trusted to carry out the death sentence for now.
Federal courts must monitor every Ohio execution "because the State cannot be trusted to fulfill its otherwise lawful duty to execute inmates sentenced to death," the 6th U.S. Circuit Court of Appeals ruled last month.
The court upheld an earlier decision by U.S. District Court Judge Gregory Frost that chided Ohio for not following his warnings to adhere strictly to their policies.

Headline Legal News 2012/02/07 10:07
Supporters and opponents of California's ban on same-sex marriage were anxiously awaiting a federal appeals court decision Tuesday on whether the voter-approved measure violates the civil rights of gay men and lesbians.
A three-judge panel of the 9th U.S. Circuit Court of Appeals that considered the question plans to issue its long-awaited opinion 18 months after a trial judge struck down the ban following the first federal trial to examine if same-sex couples have a constitutional right to get married.
The 9th Circuit does not typically give notice of its forthcoming rulings, and its decision to do so Monday reflects the intense interest in the case.
Even if the panel upholds the lower court ruling, it could be a while before same-sex couples can resume marrying in the state. Proposition 8 backers plan to appeal to a larger 9th Circuit panel and then to the U.S. Supreme Court if they lose in the intermediate court. Marriages would likely stay on hold while that process plays out.
The three-judge panel, consisting of judges appointed by presidents Jimmy Carter, Bill Clinton and George W. Bush, heard arguments on the ban's constitutional implications more than a year ago. But it put off a decision so it could seek guidance from the California Supreme Court on whether Proposition 8 sponsors had legal authority to challenge the trial court ruling after California's attorney general and governor decided not to appeal it.
