Ride operator appears in court on NC fair injuries
Legal Topics | 2013/10/29 20:56
A carnival ride operator facing assault charges over injuries from a ride at the North Carolina State Fair made his first appearance in court Monday, with a prosecutor saying there are still unanswered questions about what happened.

Timothy Dwayne Tutterrow, 46, of Quitman, Ga., faces three counts of assault with a deadly weapon, inflicting serious injury. Each count is punishable by up to eight years in prison.

Wake County District Court Judge Keith O. Gregory declined a request during the brief hearing to lower Tutterrow's $225,000 bond. The defendant, dressed in an orange and white striped jumpsuit, was taken back to jail in handcuffs.

Wake Sheriff Donnie Harrison said investigators determined the ride had been intentionally tampered with to bypass critical safety devices, though authorities have provided no details of the evidence against Tutterrow.

The "Vortex" jolted into motion Thursday evening as people were exiting, dropping riders from heights eyewitnesses estimated at up to 30 feet.

Three people remained hospitalized on Monday with serious injuries, including a 14-year-old. Two others were treated and released.


Appeals court rejects secret Delaware arbitration
Headline Legal News | 2013/10/25 22:46
A federal appeals court has upheld a ruling declaring that a Delaware law allowing chancery judges to oversee secret arbitration in high-stakes business disputes is unconstitutional.

A three-judge panel of the Third U.S. Circuit Court of Appeals ruled 2-to-1 Wednesday to uphold a federal judge's ruling in favor of the Delaware Coalition for Open Government, which challenged the law.

DelCOG, backed by The Associated Press, The New York Times and several other major news organizations, claimed in its lawsuit that the secret arbitration conducted by Delaware's Chancery Court violated the First Amendment rights of citizens to attend judicial proceedings and access court records.

Attorneys for the state argued that secret arbitration made the Chancery Court more efficient and generated revenue for Delaware, corporate home to thousands of companies.


Josef Cowan | Civil Litigation Construction Law Firm Los Angeles
Court Watch | 2013/10/25 22:45
Josef Cowan founded our firm over 20 years ago.  The following are some questions and answers that discuss his unique qualities and why so many individuals and businesses trust our firm with their legal and business needs.

Q.    Why did you become a lawyer?

A.    I’m the youngest of 6 kids raised by a single mother.  We didn’t have much money, so I started working in the construction industry at a very young age.  In fact, I started a construction business when I was 17 years old, and that company is still in existence and has over 400 employees.  The construction industry involves a huge number of legal issues in a wide variety of different areas.  I always found the legal issues fascinating and believed that a solid understanding of the law and ability to resolve complex issues is a huge advantage in business.

Q.    What inspired you to found the Cowan Law Group?

A.    When I originally went to law school, I intended to use my legal training to help me with the construction business I started.  However, I found I have a real passion for helping individuals and small to medium-sized companies resolve their legal and business problems in ways that make good business sense.

Q.    How is the Cowan Law group different from other law firms?

A.    There are far too many firms that provide little to no value to their clients, and many that create more problems than they resolve.   In many instances, the attorneys are good, smart people, but they don’t have the background or business savvy necessary to provide truly strategic, cost-effective legal solutions to their clients.  This is a real problem because a good attorney who understands not just the legal issues, but also his client’s business challenges and objectives, is a tremendous resource and strategic advantage.  With that in mind, I created the Cowan Law Group, whose main mission is to provide legal services that are smart, creative, and practical.

Q.    So what makes you a good lawyer and advisor?

A.    I have benefitted greatly from a first class college and legal education.  What I believe is even more important, however, is my life experience.  Starting at a very young age, I have had to overcome many challenges both personally and in business.  As a lawyer and advisor, these experiences have been invaluable because, through them, I have developed an ability to look at problems and challenges and know how to navigate through them in ways that are smart and effective.  

But what is most telling is what my clients say.  Over the course of my legal career, I have successfully resolved over $700 million of legal disputes in many different areas, including general business, real estate, construction, employment, and trade secret litigation, and I have handled a large number of business transactions.  My clients often tell me that I provide counseling that is practical and mindful of business priorities, and that I handle it all well.


Farmers tied to listeria outbreak to plead guilty
Headline Legal News | 2013/10/23 18:50
Two Colorado cantaloupe farmers are expected to plead guilty under a deal with federal prosecutors in the 2011 listeria outbreak that killed 33 people.

Eric and Ryan Jensen have a change-of-plea hearing scheduled in federal court in Denver on Tuesday. They were charged last month with introducing adulterated food into interstate commerce. At the time, the Food and Drug Administration said the rare move was meant to send a message to food producers.

Criminal charges are rare in food-borne illnesses, but the FDA under President Barack Obama has been more aggressive in pursuing farmers and food processors for alleged lapses.

The brothers filed documents last week notifying the court that they would plead guilty to unspecified charges under their agreements.


High court weighs Mich. ban on affirmative action
Legal Topics | 2013/10/14 20:46
After the Supreme Court ruled a decade ago that race could be a factor in college admissions in a Michigan case, affirmative action opponents persuaded the state's voters to outlaw any consideration of race.

Now, the high court is weighing whether that change to Michigan's constitution is itself discriminatory.

It is a proposition that even the lawyer for civil rights groups in favor of affirmative action acknowledges a tough sell, at first glance.

"How can a provision that is designed to end discrimination in fact discriminate?" said Mark Rosenbaum of the American Civil Liberties Union. Yet that is the difficult argument Rosenbaum will make on Tuesday to a court that has grown more skeptical about taking race into account in education since its Michigan decision in 2003.

A victory for Rosenbaum's side would imperil similar voter-approved initiatives that banned affirmative action in education in California and Washington state. A few other states have adopted laws or issued executive orders to bar race-conscious admissions policies.


Soldiers in fatal stabbing due in Washington court
Areas of Focus | 2013/10/11 17:52
There may have been some "trash talk" between a car full of black soldiers and three white soldiers on foot, but race was not the main issue in the weekend stabbing death of a soldier near a large Army base in Washington, police and prosecutors said.

A key piece of evidence was found Monday when searchers located the knife in a wooded area of Tillicum, about 3 miles from Lakewood where the soldier was killed. Both communities are near Joint Base Lewis-McChord.

Three soldiers arrested for investigation of murder where scheduled to make their first court appearance Tuesday in Pierce County Superior Court.

Spc. Tevin Geike, 20, of Summerville, S.C., was walking with two other soldiers early Saturday when words were exchanged with someone in a car. The car stopped and five people confronted the three, police said.

The groups were separating after realizing they were all active duty soldiers when Geike was fatally stabbed.

Police had said a racial motive was under investigation _ and potentially a hate crime. However, both prosecutor Mark Lindquist and Lakewood Police Lt. Chris Lawler said there was no indication that there was racial hatred or that the men were seeking out people of a certain race to attack.


PG&E starts pipeline shutdown under court order
Areas of Focus | 2013/10/07 17:36
Pacific Gas & Electric Co. says it will comply with a judge's order and shut down a natural gas pipeline after safety issues were raised.

The utility said Sunday it believes the pipeline is safe despite an engineer's email questioning the safety of the 83-year-old line's welds. PG&E said it could take until Tuesday to safely shut down the line and seamlessly switch its customers to another line.

A judge ordered the line shut down after San Carlos city officials discovered the email and declared a "state of emergency."

The email said PG&E's records incorrectly show the line containing a newer, more reliable weld than it actually has.

PG&E said state-of-the-art tests show the line is safe and that it was shutting the line only because of the court order.


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