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Judge: AVX Myrtle Beach suit now class action
Court Watch | 2011/09/08 05:21
As many as 229 property owners in Myrtle Beach could become plaintiffs in a lawsuit against electronics manufacturer AVX Corp. that alleges the company contaminated groundwater.

The Sun News of Myrtle beach reported a state judge this week certified the suit as a class action.

The 4-year-old lawsuit suit says the company polluted groundwater with an industrial degreaser linked to cancer and other health problems. The lawsuit contends the pollution ruined property values in a 12-block area near the old AVX plant. The suit is not expected to be heard until next year.

AVX settled a separate lawsuit with an adjacent property owner earlier this year while a third contamination lawsuit is pending.









Hundreds in Fla. want out of Chinese drywall deal
Court Watch | 2011/09/07 09:21
Hundreds of Floridians potentially want to opt out of a proposed $55 million federal settlement over faulty Chinese drywall in hopes of pursuing individual lawsuits in state courts, the attorney for two families said Wednesday.

The lawyer, David Durkee, said a key hearing Friday in Broward County could be a major step in determining whether people dissatisfied with the class-action settlement can take their cases before juries in Florida courts.

"They don't want any part of that settlement," Durkee said. "They have chosen state court. They want to proceed individually and they want their day in court."

The settlement, first announced in June, involves Banner Supply Co., a major distributor of Chinese drywall, and thousands of affected homeowners, builders, installers and others in Florida. U.S. District Judge Eldon Fallon in New Orleans - where lawsuits in several states were consolidated for pretrial purposes - gave the deal preliminary approval in July.

Thousands of homes mainly in the South were affected by installation of Chinese drywall that has a foul odor, can corrode wiring and metal in appliances and cause health problems. The Banner settlement involves mostly Floridians.

Fallon also ordered a temporary halt to drywall lawsuits filed against Banner in state court. The hearing Friday before Broward County Circuit Judge Charles Greene concerns whether cases filed by the families represented by Durkee can proceed despite the federal order and settlement.




NY pair face judge in deadly pharmacy robbery
Court News | 2011/09/07 09:21
A New York couple charged in a prescription drug robbery that left four people dead is expected to enter guilty pleas to all charges against them.

A law enforcement official tells The Associated Press that David Laffer and his wife, Melinda Brady, were due to admit their roles in the Father's Day massacre in a Long Island courtroom on Thursday morning. Laffer is charged with first-degree murder in the June 19 holdup at Haven Drugs in Medford. Brady faces robbery charges for allegedly driving the getaway car.

The official is familiar with the case but was not authorized to speak publicly.

Two employees died, along with two customers who walked in on the carnage, which was captured on store video surveillance. Police said Laffer fled with hydrocodone-type painkillers.






Court upholds conviction in Iowa coach's death
Court Watch | 2011/09/06 09:21
An appeals court has upheld the first-degree murder conviction of a mentally ill man who shot his former football coach in the school's weight room.

Mark Becker had argued that he was legally insane when he shot Aplington-Parkersburg High School Coach Ed Thomas in June 2009. A jury found Becker guilty and rejected his insanity defense.

Doctors testified at the trial that Becker is a paranoid schizophrenic but they disagreed over whether he knew right from wrong when he shot Thomas.

Becker's lawyers argued that jurors were given incorrect instructions about the legal definition of insanity.

The Iowa Court of Appeals on Thursday agreed one instruction was incorrect but said jurors were given another instruction that correctly defined insanity. Taken together, the court says jurors were properly instructed.



Colombia court reinstates conviction in Galan hit
Court News | 2011/09/01 09:38
The Supreme Court on Wednesday reinstated the murder conviction of a former justice minister for masterminding the 1989 assassination of presidential candidate Luis Carlos Galan, a courageous foe of drug cartels.

The court also reinstated the 24-year prison sentence a lower court imposed in 2007 on Alberto Santofimio, who was widely considered the "political godfather" of the late cocaine kingpin Pablo Escobar.

Hitmen employed by Escobar killed Galan, and a key witness in Santofimio's trial said he saw the defendant urge Escobar to order the murder.

"Kill him, Pablo," testified John Jairo Velasquez, or "Popeye," who was Escobar's chief henchman at the time and has confessed to organizing the assassination.

Santofimio, a senator who had been justice minister in the 1970s, was at the time a rival of Galan for the Liberal Party's presidential nomination.

The Aug. 18, 1989, assassination badly traumatized a nation already reeling from a terror campaign by Escobar's henchmen, who killed hundreds of judges, journalists and police. Escobar also targeted civilians with car bombs, even blowing up an airplane in midflight.

The drug kingpin was trying to pressure Colombia's leaders not to extradite drug lords to the United States. Nonetheless, Galan, the presidential frontrunner when he was killed, promised to battle the narcos with extradition.





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