Prosecutors in Barry Bonds case strike out with their own witness in perjury trial - ESPN

SAN FRANCISCO -- If the federal courts had a kind of "mercy rule" that is used in youth sports, U.S. District Court Judge Susan Illston would have been forced to invoke it on Thursday after Barry Bonds' personal orthopedic surgeon, Arthur Ting, all but destroyed the government's perjury prosecution.

Prosecutors Jeff Nedrow and Matthew Parrella made what appears to be a fateful decision when they chose to offer Ting as a witness against Bonds. It must have been a difficult decision for the prosecutors, but the result was even worse than anything the prosecutors could have imagined.

The government's hope was that Ting would somehow support its allegation that Bonds lied to a grand jury in December 2003 when he denied using steroids. They were relying on Ting's testimony to the same grand jury. The transcript of his testimony to the grand jury is 130 pages long.

Instead of supporting the prosecution theory that Ting knew Bonds was using steroids and had discussed it with Bonds and his former business manager, Steve Hoskins, Ting offered testimony that was a gift for Bonds. Surprised and flummoxed, prosecutors were unable to do any of the things that they could have done to respond to Ting.

It was apparent early in Ting's answers to questions from Assistant U.S. Attorney Jeff Nedrow that he was not happy to be in court testifying against his patient and in support of the prosecutors. Hoskins had told the jury last week that Hoskins and Ting discussed Bonds' use of steroids on "at least 50 occasions." Ting denied it, claiming that he had only one conversation with Hoskins about steroids and that it did not involve Bonds.

Despite the surprise answers from Ting, Nedrow pushed forward, attempting to get Ting to describe a conversation that Ting overheard at Bonds' home between Bonds and personal trainer Greg Anderson. Nedrow wanted to show the jury that Bonds was warning Anderson not to discuss steroids in the presence of Bonds' father, Bobby Bonds. Ting was willing to respond to Nedrow with testimony that he heard Bonds say to Anderson, "Don't say anything." That is as far as Ting would go.

Ting's reluctant answer forced Nedrow to use Ting's grand jury testimony to "refresh his recollection" in an effort to expand upon the story of the Anderson-Bonds conversation. Nedrow asked Ting to review the transcript of Ting's earlier testimony. Ting read the transcript and then grudgingly agreed that in his earlier account he said he heard Barry Bonds say to Anderson, "Don't say anything to my dad."

ESPN.com's Mark Fainaru-Wada is live from the courtroom during the Barry Bonds perjury trial. Follow along with our up-to-the-minute Twitter coverage

It was a clear signal to Nedrow and to a packed courtroom that Ting was not saying what Nedrow expected him to be able to say in support of the prosecutors' case.

When Bonds attorney Cristina Arguedas cross-examined Ting, the small thing became a disaster. Ting contradicted most of what Hoskins had earlier told the jury. He denied any conversations with Hoskins about Bonds and specific steroids. He denied explaining the danger of frequent injections to Hoskins, as Hoskins had claimed.

Most importantly, Ting denied a conversation with Hoskins after Ting operated on Bonds' left elbow in 1999. Hoskins had earlier told the jury that Ting told him that the injury Bonds repaired in the surgery "could only have come from use of steroids."

That conversation never happened, according to Ting's testimony on Thursday.

That was not all. The damage continued in a 39-minute cross examination that gave Bonds nugget after nugget of powerful evidence.

A key element of the prosecution is that Bonds showed the side effects of steroids, things like acne on his back, sexual dysfunction, bloating, weight gain and facial changes. Ting told the jury in response to Arguedas' questions that all of these side effects would have resulted from corticosteroids that Ting had personally prescribed for Bonds to help him recover from the eight surgeries he had performed on Bonds.

Arguedas supported Ting's assertion on the side effects with artful use of FDA labels of the corticosteroids and a report from the National Institute of Health. It was a powerful response that seriously damaged the government's prosecution.

As the damage piled up, the prosecutors must have known that that they needed to do something. But their response to the damage amounted to very little.

What could they have done? When a witness surprises the lawyer who presents the witness, the lawyer can then ask for permission from the judge to treat the witness as adverse and be permitted to use cross examination techniques on the witness.

Rule 607 allows lawyers in federal cases to do exactly what Nedrow should have done. It allows him to ask leading and confrontational questions in a manner not permitted when he first presents the witness as his own witness.

Using cross examination techniques, Nedrow could have confronted Ting with the contradictions between his grand jury testimony and his testimony on Thursday. He could have confronted Ting with his problems with the board that governs doctors in California. Ting just completed a five-year term of probation for "unprofessional conduct" that included prescribing unauthorized drugs for athletes. And he could have confronted Ting with media reports of his son's steroid use that resulted in the younger Ting leaving the USC football team.

The other option for the prosecutors would have been to eliminate Ting from their list of witnesses. It would have forced the Bonds legal team to bring Ting into the courtroom as its witness, again allowing Nedrow to cross examine Ting.

It may not be over for the prosecutors. The Bonds lawyers are on the warpath and are demanding notes and other materials from prior meetings they said prosecutors had with Ting outside of grand jury testimony. If those meetings occurred and prosecutors relay to defense attorneys information that could have been helpful to the defense, it could be a problem. Judge Illston was clearly unhappy with the possibility of that Thursday and may have more to say to prosecutors when the trial resumes on Monday.

For the prosecution, there isn't really an effective way to rally from Thursday's disaster. The only hope for salvaging the case is to put together a final argument to the jury that will use the government's strengths (multiple mentions of Bonds and steroids, the 2003 MLB drug test, and Kathy Hoskins' eyewitness testimony of an injection) in a tour de force that will lead to conviction. It would be difficult, but it can be done.

The prosecutors are fortunate that they have three days to put things together.

Calling Ting to testify is one of those things that must have seemed like a good idea at the time. But the prosecutors' decision to present him as their witness may have destroyed impressive efforts they had made with their previous 22 witnesses.

If this had been a prize fight, it would have been stopped as a TKO.

Lester Munson, a Chicago lawyer and journalist who reports on investigative and legal issues in the sports industry, is a senior writer for ESPN.com.

Sen. Franken pushes to create office to help homeowners avoid foreclosure

Washington, D.C. — Families who face foreclosure but believe their mortgage services are breaking the rules could have a new place to turn for help, thanks to legislation reintroduced today (Wednesday, March 30) by U.S. Sens. Al Franken (D-Minn.), Olympia Snowe (R-Maine), Robert Menendez (D-N.J.), and Jay Rockefeller (D-W.Va.) that would create an Office of the Homeowner Advocate.

The bill would establish a new office that would protect homeowners seeking mortgage modifications within the Home Affordable Modification Program (HAMP), an entity developed by the U.S Treasury Department to help struggling homeowners.

Currently, over 12,000 Minnesotans would stand to benefit immediately from the proposal. If the legislation passes, even more homeowners would be able to participate in the program; as many as 3 to 4 million would benefit nationwide.

“When Minnesota families feel their mortgage servicer is treating them unfairly or giving them the run around, they need to know there’s someone out there they can turn to,” said Sen. Franken. “This bill would establish an office dedicated to helping these families navigate the already-stressful and complicated process of avoiding foreclosure.”

“In the aftermath of a housing crisis, compounded by a number of mortgage lenders who took advantage of families in Maine and across the nation, the Office of the Homeowner Advocate will provide the vital support Americans require when faced with the prospect of home foreclosure,” said Senator Snowe.

Sen. Menendez said, “The prospect of losing your home is overwhelming– but struggling homeowners aren’t alone.  This will give families facing foreclosure a one-stop shop where they can turn for financial assistance and advice. Thousand of NJ families and millions nationwide would benefit immediately – protecting our communities from the devastating ripple effect foreclosures have on our economy. ”

“As recent news has shown, there have been serious problems with the current foreclosure modification program that have caused problems for too many homeowners,” said Sen. Rockefeller.  “By creating an Office of the Homeowner Advocate, we would enable those homeowners who are receiving unfair treatment to have their issues resolved.  Particularly during these tough economic times, too many families are struggling financially and we should reward those who are working to modify and pay off their mortgages, not punish them.”

Just yesterday, the U.S. Treasury Department announced that they would be taking new actions to keep mortgage servicers in line, threatening to withhold financial incentives from servicers that receive unsatisfactory grades after quarterly compliance reviews by the Department. The Department’s acknowledgement that further action is needed to prevent abuse in the mortgage servicer industry highlights the need to establish an entity that would advocate on behalf of homeowners.

The Office of the Homeowner Advocate is modeled after the successful Office of the Taxpayer Advocate at the Internal Revenue Service. It aims to help resolve problems with HAMP and would be funded from money that is available for the costs of administering the HAMP program, but is not otherwise committed.

The Office of the Homeowner Advocate would have three primary functions: To assist homeowners, housing counselors, and housing lawyers in resolving problems with the HAMP program; to identify areas where homeowners are having problems in dealing with the HAMP program; and to identify possible administrative and legislative changes to HAMP.

The Office of the Homeowner Advocate would:

• Have an independent director, appointed by the Secretary of the Treasury in consultation with the Secretary of Housing and Urban Development.  This director would have a background as an advocate for homeowners and have experience dealing with mortgage servicers.  The director cannot have worked for a servicer or for the Treasury Department within the past four years.

• Make the Director available to testify in front of the Senate Banking Committee and House Committee on Financial Services at least four times a year, or at any time at the request of the Chairs of either committee, and issue a formal report to Congress once a year.

• Have staff designated by the Director to have the authority, on a case-by-case basis, to implement servicer remedies, subject to the approval of the Assistant Secretary for Financial Stability. This will help to ensure that the staff of the Office of the Homeowner Advocate actually have the ability to make servicers follow the rules.

Originally introduced in 2010, this legislation was supported by the Department of the Treasury and passed the Senate with broad bipartisan support by a vote of 63-33. Additional cosponsors of the bill include Sens. Sherrod Brown (D-Ohio), Dick Durbin (D-Ill.), Frank Lautenberg (D-N.J.), Patrick Leahy (D-Vt.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Jack Reed (D-R.I.), Bernie Sanders (I-Vt.) and Jeanne Shaheen (D-N.H.).

The Franken-Snowe-Menendez-Rockefeller bill has Minnesota endorsements from the Central Minnesota Housing Partnership, Greater Minnesota Housing Fund, Housing Preservation Project of St. Paul, Jewish Community Action, Legal Services Advocacy Project, Minnesota Housing Partnership, Catholic Charities of St. Paul & Minneapolis, Community Action Partnership of Ramsey & Washington Counties, Minnesota Community Action Partnership, Twin Cities Habitat for Humanity, and Project for Pride in Living.

It also has national endorsements from the Alliance for a Just Society, Americans for Financial Reform, California Reinvestment Coalition, Center for NYC Neighborhoods, Center for Responsible Lending, Community Organizations in Action, Consumer Action, Consumer Federation of America, HomeFree-USA, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, Leadership Conference on Civil and Human Rights, National Association of Consumer Advocates, National Association of Consumer Bankruptcy Attorneys, National Consumer Law Center (on behalf of its low-income clients), National Council of La Raza, National Legal Aid and Defender Association, National People’s Action, Neighborhood Economic Development Advocacy Project, PICO National Network, and Service Employees International Union.

Tags: Franken , Home Affordable Modification Program (HAMP)

Acclaimed attorney heads new Issues and Appeals Practice Group

Progressive Ventura County law firm Ferguson Case Orr Paterson LLP, announces the opening of its Issues and Appeals Practice Group with the arrival of Wendy Cole Lascher, a State Bar-certified specialist in appellate law and AV-rated attorney. Lascher advises trial lawyers and handles civil and criminal motions, writs and appeals for lawyers and clients throughout California. She is advancing the firm’s capacity to work with clients on long-term litigation strategies.

“Wendy’s arrival at Ferguson Case Orr Paterson is a capstone to our firm’s expansion. In recent years, we’ve grown in reach and relevance in the state and nation, while maintaining our unique local character and accessibility,” notes Michael Velthoen, managing partner. “Wendy’s a perfect addition because of her national prominence and heartfelt commitment to our local community.”

A California native, Lascher has been surrounded by the legal profession her entire life. Her father was Los Angeles County Superior Court Judge John L. Cole and her mother, Peggy Cole Darling, is a 1949 graduate of Stanford Law School. Two of her siblings, a sister-in-law and stepfather are lawyers, and her son is an attorney in Portland, Ore. Her late husband, Edward Lascher, was a pioneer in the specialty of appellate law, and a well-known legal commentator.

Lascher was admitted to the State Bar of California in 1973 and spent 37 years practicing law with the Ventura-based firm Lascher & Lascher.

She has argued appeals in the U.S. and State Supreme Courts, U.S. Seventh and Ninth Circuit Courts of Appeals, all six districts of the California Court of Appeal and in U.S. District Courts. She is the president-elect of the invitation-only American Academy of Appellate Lawyers.

“With its excellent lawyers and talented support staff, FCOP provides clients with excellent service by expert attorneys in all facets of law,” says Lascher. “The new appellate group allows the firm to identify and shape emerging legal trends, enhancing our expertise as problem solvers. We can offer clients all the expertise of a global law corporation, but with Ventura County’s convenience and congeniality.”

Founded in 1982, Ferguson Case Orr Paterson’s expert attorneys serve individuals and corporate clients throughout the Tri-County region in business litigation, business transactions, tax, employment litigation and counseling, intellectual property, issues and appeals, public agency, construction litigation, real estate and land use, criminal defense, estate planning, probate litigation, family law and personal injury. For more information about Ferguson Case Orr Paterson LLP, visit www.fcoplaw.com or call (805) 659-6800.

Uncommon Thinking: Protection First - Marblehead, MA Patch

Law school exams typically present seemingly simple fact patterns which, remarkably, implicate a multitude of issues. Many times, they are based on real world cases. In my third year, during the pendency of the actual court case involving the Celtics’ attempt to pry Danny Ainge from the Toronto Blue Jays, one professor, who was a maniacal Celtics fan, wrote his exam to consist of only one question on that case. But, that’s a story for another day.

Anyhow, while it is important to be able to address the different issues, believe it or not, the biggest challenge is often just identifying them. Some things jump right out, but others are far more subtle, and the ability to uncover those “hidden issues” ultimately goes a long way towards distinguishing a great lawyer from a good one. It’s amazing how many things that seem unrelated really have an impact on the main question.

Planning for retirement, for example, can be approached the same way. All the decisions we make have an impact on everything else we do but frequently, like the law school question, some of the connections are not apparent at first blush. Consider a “typical” car accident, which provides an example of something that could happen to any of us.

Gail, a single mom, gets creamed from behind on her way from work--and slams into the car in front of her-- by a guy who fails to notice that a whole line of cars have stopped in front of him. Concerned about her teenage son, who is waiting for her to pick him up, Gail declines an ambulance ride to the hospital despite being hurt pretty badly. Fortunately, she’s not critically injured but she misses several weeks of work and her car sustains a lot of damage. The driver of the car in front of her is taken to the hospital by ambulance and his car also sustains lots of damage. Gail thinks her car is totaled and, though it turns out not to be, it ends up in the body shop for over a month. At the scene, the police tell Gail the guy who hit her has no insurance.

Like the real life law school exam question, the above fact pattern raises many issues—some not so obvious—and, just as important, provides a stark reminder of how unexpected life’s events can be, and how far reaching an impact a simple car accident can have. This common occurrence also illustrates the way in which many of the financial decisions we make are interdependent, and how the ripple effect can become like a tidal wave when one unexpected life event is thrown into the equation. Finally, it demonstrates how critical it is to be “protected first” and to have full protection.

 “What” you might ask, “does any of this have to do with planning for a secure retirement?”  I invite you to stop reading for a minute and think about the issues you see arising or potentially arising out of this accident. Then, return to the article and see my brief list, which is by no means exhaustive but, hopefully, at least gives an idea of what I mean.

Among the issues that this accident raised are:

1. Is Gail’s auto insurance adequate? Her car is two years old so her collision coverage is, wisely, for “full replacement value”. Does she have coverage for substitute transportation? If not, while her car is being repaired, she must either do without transportation or pay out of pocket for a rental car, and hope to be reimbursed by the other guy at some point. What is her liability coverage for injury to someone else? If she caused a serious accident severely hurting someone, or worse, is she protected properly or are her assets exposed to a potential “cash-ectomy” by the injured party’s attorney? What if she is hurt so severely that the other guy’s coverage is insufficient to compensate her? What if he is uninsured completely, as she originally was told—what coverage does she have to compensate herself? Though she was pushed from behind into the car in front of her, that person might make a claim against Gail. If she does not have proper protection, her assets and income—essentially her life’s work-- are potentially at risk. Does she have an umbrella policy? What is her deductible for damage to her own car? How much does she pay for insurance? Although they never intend to make a small property damage claim, thereby guaranteeing an increase in their rates, many people inefficiently pay high premiums for deductibles that they will never use when they could be redeploying those funds for better use elsewhere.

2. Is Gail’s medical insurance adequate? She has health coverage through work but no coverage for disability income. How will she provide for her son and pay her bills if she misses work while having no income? Even if she has some disability coverage, it only pays a percentage of her income anyway—does she at least have the most coverage she can get? While some people have partial disability coverage through work, that benefit might be taxable, further reducing what they receive for usable funds. If you do have some group coverage, do you know the details of what it will provide? Is your benefit taxable? How big is the gap between your after tax benefit and your actual income? Can you live on that? What if you are hurt so badly you need long term care while you rehabilitate—how will you pay for that and how will your family handle the burden of managing it? If you are disabled long term, how will you be able to continue to save for college, other life events and family dreams?

3. Does Gail have the proper amount of life insurance? She has insured her car for full replacement value, but what about herself? If something tragic happened to her, how would her son survive financially?

4. Does Gail have a will and a trust? As a single mom with a teenage son, if something tragic happened to her, who would be responsible for taking care of, educating and raising him and managing any funds she left him? Has she ever talked to a family member or friend about taking on this responsibility? Has she even thought about it?

Gail’s answers to these question might make her run, not walk to review: her liability insurance coverage with her property and casualty insurance agent; her employment benefits; her lack of legal documents with her attorney; and, the lifestyle she would want her son to enjoy if something happened to her and explore the types of coverage she can obtain to provide for it.  Like most things in life, balance and efficiency are critical in organizing one’s finances. As the above situation shows, one expected but relatively common life event can cause many problems, thereby upsetting someone’s best laid plans.

At Bulfinch Group, we engage in “uncommon thinking” to help our clients plan for a secure retirement while protecting their hopes and dreams. Our holistic approach brings a macro economic perspective rather than a limited, micro economic one. By enabling our clients to see a “big picture” view of everything they are doing and stress test alternative strategies, we help them move toward achieving and maintaining financial balance and efficiency in the face of the uncertainties and impediments we all face every day. Fundamentally, it makes no sense to work on building assets if what you have is at risk so, unless today is protected first, protected fully, and protected forever, the dreams of tomorrow might never become reality. For Danny Ainge, that dream meant winning a Championship with, and ultimately becoming General Manager of, the Celtics.  What’s your dream?

Ken Perlow is a graduate of Tufts University (B.A., Economics) and Boston University School of Law (J.D.). He is an agent of The Guardian Life Insurance Company of America (Guardian), New York, N.Y. and is not practicing law for Guardian or any subsidiaries or affiliates thereof. The Bulfinch Group is a Needham based firm focusing on helping clients build and preserve their wealth. Life insurance offered through The Bulfinch Group Insurance Agency, LLC, an affiliate of the Bulfinch Group, LLC. The Bulfinch Group LLC is not licensed to sell insurance. Ken lives in Marblehead with his two sons, Sam and Matt, and their three Boston Terriers: Moe, Larry and Curly. He can be contacted at 781-864-8279.

Fisher & Phillips Provides Practical Solutions for Workplace Problems at Atlanta Event

  Employment Law Attorneys Address HR Challenges, Trends at April Seminar Fisher & Phillips Provides Practical Solutions for Workplace Problems at Atlanta Event

Fisher & Phillips LLP, one of the nation’s leading law firms in the field of labor and employment law, will have a one-day seminar in Atlanta to address upcoming employment law changes and challenges facing employers in 2011. The “One Day, Many Solutions” seminar will be Tuesday, April 26, from 7 a.m.-5 p.m. at the Four Seasons, 75 Fourteenth Street in Atlanta.

“Anyone managing employees will benefit from the insights and tools our attorneys will be offering during the seminar. Labor and employment law is a constantly changing field and our attorneys are ready to help employers prepare for the latest changes” said Roger Quillen, chairman of the firm. “Our business-like approach to labor and employment issues provide real-world solutions to human resource and other professionals who must deal with workplace legal matters.”

A variety of leading employment law attorneys will present on topics, including: •   Hiring Employees You Won’t Want to Fire •   Rightfully Discharging When You Must •   Managing the Tangled Web of Complex Leave Laws •   The Changing NLRB and Its Impact on Non-Union and Union Employers •   Managing Wage Costs While Complying With Wage-Hour Requirements •   Managing the Evolving Electronic Workplace •   Navigating Employee Benefits in a Changing Landscape

The cost for the “One Day, Many Solutions” seminar is $165 per person and includes continental breakfast and lunch. For companies sending multiple attendees, the discounted per person price is $130. Continuing education credit for Atlanta attorneys (CLE) has been applied for and credit will be determined by the state bar. The Human Resource Certification Institute has approved the program for up to seven hours of HRCI credit.

For more information, contact Amy Nall at 404-231-1400, ext. 46325 or anall@laborlawyers.com. To register for the seminar, visit http://www.laborlawyers.com/2011seminars.  

Fisher & Phillips is also hosting seminars in 20 other communities throughout the country during the month of April.

About Fisher & Phillips LLP (www.laborlawyers.com)Fisher & Phillips LLP represents employers nationally in labor, employment, civil rights, employee benefits and immigration matters. The firm has 240 attorneys in 24 offices. Founded in 1943, it is one of the largest U.S. law firms to concentrate its practice exclusively upon representation of employers in labor and employment matters. In addition to the Louisville office, the firm has offices in Atlanta, Charlotte, Chicago, Columbia, Dallas, Denver, Fort Lauderdale, Houston, Irvine, Kansas City, Las Vegas, Los Angeles, New England, New Jersey, New Orleans, Orlando, Philadelphia, Phoenix, Portland, San Diego, San Francisco, Tampa, and Washington, D.C.

Florida Morning: State near bottom in teacher pay, Marco Rubio coy on 2012 plans | jacksonville.com

By Abel Harding (@abelharding, abel.harding@jacksonville.com)

FLORIDA ONE OF THE LOWEST-PAYING STATES FOR PUBLIC SCHOOL TEACHERS - "A National Education Association December 2010 report (.pdf) shows that teachers’ salaries in Florida ranked 34th in 2008-2009 ($46,921). In 2009-2010, that salary ranked 47th (estimated), dropping to $46,708. The U.S. average public school teacher salary for that same year was $55,202. The report also indicates that: Over the decade from 1999–2000 to 2009–10, in constant dollars, U.S average salaries for public school teachers increased 3.5 percent. That average for Florida public school teachers during that same period was -0.3 percent." Florida Independent: http://bit.ly/eWs2M8

--More highlights from the State of the State of Florida from the Florida Center for Fiscal And Economic Policy: 

----Poverty: Floridians below poverty level: 2.7 million people, including 850,000 children. The number of Floridians living in poverty increased 550,000 in two years.

----Residents without health insurance: 4th-worst in the nation in the percentage of uninsured.

----Unemployment: 3rd-highest in the nation, 11.5%.

----Per capita income growth: 46th in the nation, 2.2% growth between 2009 and 2010.

----State tax revenue: 43rd among the states in state tax revenue per capita.

----Education expenditures: 50th in per capita state government expenditures for all education.

----Higher education expenditures: 46th-worst in the change in higher education appropriations per full-time equivalent student, 2005-2010.

LEGISLATURE FOR SALE - "There is no state, no nation, no planet, and no universe where it should be legal to pay off a Legislature directly," writes Howard Troxler in today's St. Petersburg Times. "There is no government in which a sworn lawmaker should be able to take unlimited payoffs from those seeking favorable treatment. And yet this is now precisely the law of Florida. In Sunday's column I called the Florida Legislature 'the ***** of Babylon' for passing a law last week that legalizes its own bribery. But the topic cries out not to be forgotten. This is a turning point in Florida's history. It is now legal in Florida for the leaders of our House and Senate, of both the Republican and Democratic parties, to operate what are laughably called 'leadership funds.' If you are an interest group in Florida, a corporation, a lobbyist seeking favor, you go to these 'leadership' funds run by lawmakers … And you pay them. They will launder the money into local elections around the state, to keep electing more obedient followers. This is so astonishing a corruption that it defies belief." http://bit.ly/ib1lki

RUBIO SITS DOWN FOR FIRST NATIONAL TELEVISION INTERVIEW - "In a wide-ranging interview -- his first national interview since being elected -- [U.S. Sen. Marco] Rubio discussed the military campaign in Libya, President Obama's leadership, the so-called birther movement and his political plans for 2012 and beyond. ABC News spent several days with Rubio in Washington and Florida, getting exclusive, behind-the-scenes access to a 39-year-old Republican whom many conservatives would like to see run for president. After persistent questioning, Rubio ruled ruled out a run for president; at least in 2012. 'I am not running for president in 2012,' Rubio told [ABC's Jon Karl]." The freshman Senator was not as decisive when discussing the possibility of a vice presidential run. Partial interview: http://abcn.ws/fSs5pX Story: http://abcn.ws/dHz4DZ

GOVERNOR, STATE AGENCIES SUED - "Gov. Rick Scott and two state agencies have been hit with a class-action lawsuit alleging Florida has failed to provide needed services to 19,000 disabled people who are stuck on a waiting list. An advocacy group and five named plaintiffs --- who have developmental disabilities such as mental retardation and cerebral palsy --- filed the lawsuit last week in U.S. District Court in Tallahassee. The lawsuit centers on a waiting list for what are known as home- and community-based services, which help disabled people live outside of institutions. The lawsuit contends that the state is violating federal law and that some people have been on the waiting list for more than five years. The suit names as defendants Scott, Agency for Health Care Administration Secretary Elizabeth Dudek and interim Agency for Persons with Disabilities director Brian Vaughan." http://bit.ly/eXvCTr

Good Tuesday morning and welcome to Florida Morning, your daily digest of political news from around the Sunshine State. Gov. Rick Scott and two state agencies are hit with a lawsuit over the state's slowness in responding to needs for those with disabilities, PSC Commission Chair Art Graham is criticized during a Senate hearing and a surprise proposal could outsource all prisons in South Florida. Also, Public Policy Polling, a traditionally Democratic polling firm, will release poll results on Gov. Rick Scott (h/t: Morning Score) today. According to a tweet previewing the results, they are unlikely to be flattering. "Scott's disapproval with 18-29 age group is 71%!" http://bit.ly/i9Xx1i

GOVERNOR, STATE AGENCIES SUED - "Gov. Rick Scott and two state agencies have been hit with a class-action lawsuit alleging Florida has failed to provide needed services to 19,000 disabled people who are stuck on a waiting list. An advocacy group and five named plaintiffs --- who have developmental disabilities such as mental retardation and cerebral palsy --- filed the lawsuit last week in U.S. District Court in Tallahassee. The lawsuit centers on a waiting list for what are known as home- and community-based services, which help disabled people live outside of institutions. The lawsuit contends that the state is violating federal law and that some people have been on the waiting list for more than five years. The suit names as defendants Scott, Agency for Health Care Administration Secretary Elizabeth Dudek and interim Agency for Persons with Disabilities director Brian Vaughan." http://bit.ly/eXvCTr

AGENCY HEADS MAKING MORE THAN PREDECESSORS - "State employees haven't received a raise in more than four years, but most agency heads that Gov. Rick Scott has appointed are making $20,000 a year more than their predecessors," writes Bruce Ritchie for the Florida Tribune. "Scott has named 10 new department heads with salaries of $140,000 compared to $120,000 or less for their predecessors, according to a web site database launched by the governor.  Scott this past week named three agency secretaries, with both Ken Lawson at the Department of Business and Professional Regulation and Dr. Frank Farmer, secretary of the Department of Health, earning will $140,000 compared to $120,000 for their predecessors. Liz Dudek was elevated to secretary of the Agency for Health Care Administration at $140,000 a year compared to $164,380 for her predecessor, Tom Arnold." http://bit.ly/igfjBB

--Senate budget would further cut pay for state employees: "The head of the Senate committee in charge of pension reform said the Senate budget released late Monday includes a cut of more than $1 billion to public employee benefits, including a 3 percent across the board salary cut with the money moved into employees' retirement accounts. By contrast, the House budget released on Friday includes a $700 million cut to employee pay and benefits. Employees could no longer earn cost of living adjustments after this year, under the proposed Senate budget, and the DROP retirement program would end beginning July 1, said Sen. Jeremy Ring, D-Margate. Details of the plan are still being worked out, he said, and senators and staff worked over the weekend to come up with alternatives to reducing the impact of the cuts on the lowest income workers." http://bit.ly/eGM9W0

BUDGET BATTLE - "The Senate unveiled its state budget proposal late Monday, spending $3.3 billion more than the House, while cutting far fewer state worker jobs and taking less out of Florida’s classrooms. The Senate blueprint: $69.8 billion – just a shade under the state’s current-year $70 billion spending plan. But this year’s proposal has been fattened by $2.5 billion in federal stimulus cash since been shut-off by Congress. The House proposal is a starker, $66.5 billion proposal that reduces the state’s workforce by 5,245 jobs – compared with a more modest, 1,578-position cut outlined by the Senate." Post On Politics: http://bit.ly/dI9TbC

LAWMAKERS NOW TARGET TENURE OF COLLEGE PROFESSORS - "With the ink barely dry on the new teacher merit pay law that eliminates multi-year contracts for public school teachers, Florida lawmakers have surprised many stakeholders by swiftly moving toward a similar reform of community colleges," writes Lilly Rockwell for the News Service of Florida. "A bill crafted by a House of Representatives education subcommittee (KCOS 11-03) would eliminate the use of multi-year contracts for all of Florida’s community or state college employees, except the school president. It also would require the boards of trustees of each college to adopt a performance evaluation system and fire the lowest-performing employees when making reductions, rather than basing those decisions on seniority. The proposal took some in the 28-member Florida College System by surprise. It was released by the House K-20 Competitiveness Subcommittee on Friday and receives its first hearing on Tuesday. No similar proposal has emerged in the Senate. Miami Dade College lobbyist Victoria Hernandez said she had just seen the bill on Monday. The head of the Florida Association of Community Colleges also did not know about the proposal until contacted. 'All I can say is tenure is a long and historical issue that contributes to academic freedom,' said Michael Brawer, the head of the Florida Association of Community Colleges. Brawer said tenure protections are put into place to allow instructors the freedom of lecturing on academic topics that may be controversial without fear of reprisal.  He said the bill also imposes too much state influence on the boards of each college. 'This is a local issue and should be left up to the board of trustees,' Brawer said. 

SCOTT TARGETS PRESCRIPTION DRUG ABUSE - William March: "Saying he wants to "change the direction of what's happening in drug policy" in Florida, Gov. Rick Scott today announced a new statewide strike force to combat abuse of prescription drugs, mainly oxycontin. Scott said $800,000 in unused federal law enforcement grant money will pay for overtime for local law officers. In addition, said Florida Department of Law Enforcement Commissioner Gerald Bailey, "scores, I would say 100" state workers will be assigned to work full-time on the effort. Scott announced the initiative at a news conference Monday, joined by Bailey, Attorney General Pam Bondi and more than a dozen police chiefs, sheriffs and prosecutors, including two representatives of the Tampa Police Department, Pasco County's sheriff and Brooksville's police chief. Scott said he favors proposals to forbid doctors who prescribe the drugs from dispensing them, or operating pharmacies, with "appropriate exceptions." He also reiterated his opposition to plans to begin a database to track oxycontin prescriptions. While Scott cites privacy concerns, other state officials and many law officers favor it, including Bondi. 'We will get beyond the issues we disagree on,' she said during the news conference. Afterward, she said, 'I'm fully in favor of it. It's an essential tool we must have. If you'll ask, you'll find that all these law officers behind us agree.' Amy Mercer, executive director of the Florida Police Chief's Association, said the group favors the database." Tampa Tribune: http://bit.ly/gTiRvE

PSC COMMISSIONERS MOVE FORWARD IN SENATE - "A Florida Senate committee has approved the state's four public service commissioners who are up for reappointment, including former Jacksonville city councilman Art Graham, the commission’s chairman. Eduardo Balbis, Ronald Brise and Julie Imanuel Brown were unanimously recommended after a Monday confirmation hearing to keep their seats on Florida's Public Service Commission. Graham was approved with Sen. Mike Fasano casting the only "no" vote. A Senate ethics subcommittee next will consider the nominees before the full Senate can vote to confirm." Times-Union: http://bit.ly/eCrPmS

--Graham criticized: "PSC Commission Chairman Art Graham came under fire by a Senate committee Monday for having drinks in a hotel lobby for an hour with the executive and lawyer from Aqua Utilities after the water company had filed a rate case before the PSC. 'One thing I have not done is speak to this utility about anything that's pending before me,' Graham told the Senate Communications, Energy and Utilities Committee which was reviewing whether to confirm him as commissioner. He dismissed the conversation at a Washington, D.C. hotel lobby in February and said: 'I'm never going to do anything that is going to put this commission in a bad light.' Graham blamed former PSC commissioner Nathan Skop for 'throwing rocks' against him by dregging up the incident and told the committee to take newspaper reports about it 'with a grain of salt. A lot of times it's skewed to make things worse than they are.'" http://bit.ly/grefDx

SOUTH FLORIDA PRISONS COULD ALL BE OUTSOURCED - "In what could signal a massive private takeover of public prisons, the Florida Senate quietly slipped language into its newly proposed budget Monday that seeks to give corporations the chance to run correctional facilities and probation services in 18 counties The move — which could shift nearly $600 million to private firms — surprised prison guards, their unions and even the head of the Senate’s Criminal Justice Appropriations Committee, Mike Fasano, who said his committee was opposed to the idea of privatizing prisons when it was proposed by Gov. Rick Scott’s aides. 'We made it clear that we weren’t interested. We moved on without doing it,' said Fasano, R-New Port Richey. 'And now it appears in the budget. I’m not pleased. It is a huge, substantive issue. It’s a major policy change and it should have at least been discussed publicly.' The plan’s architect, Senate budget chief J.D. Alexander, said the proposal was all about doing more with less and reducing the size of government. 'We looked at the work of the subcommittee and realized we needed more savings,' Alexander, R-Lake Wales, said. He estimated the privatization initiatives yielded a 7 percent savings. The budget language doesn’t appear to favor any one vendor although a leading contender is GEO Group, whose healthcare arm, GEO Care, has contributed at least $126,000 to state parties and candidates since 2009. The House’s proposed budget, released Friday, takes a far more measured approach to privatizing probation and prisons. It calls for a private operator to run the facilities and services in Miami-Dade and Broward counties. Those two counties are included in the Senate’s plan, which seeks to privatize services all the way north to Manatee County." Miami Herald: http://bit.ly/fjczxG

TAMPA SURPASSES MIAMI IN VOTERS - To uncover where the votes lie in Florida, Democratic strategist Steve Schale broke the state down by media markets. "While Tampa for some time has been the largest block of votes in the state, making up roughly 25% of all likely voters, Miami has held down the #1 spot, at least in terms of the census population, as the largest media market in the state. Not anymore," writes Schale. "Even though the market’s share of the state was unchanged from 2000 to 2010, the Tampa media market, with 23.3% of the state’s residents now reigns supreme, as the Miami market shrunk from 24.8% of the state to 23.0%." Schale says 32 of the states counties are now "Safe GOP" and six are "Safe Democratic." Morever, white non-Hispanic voters will likely be a minority in the state by 2020. More on his personal blog: http://bit.ly/g8dsfS

--Obama strategy: Schale's thoughts are interesting, particularly because of his role in President Barack Obama's successful Florida campaign in 2008. This Washington Post article might share additional insight into Obama's 2012 strategy. Tampa and Miami television stations have already scored exclusive interviews with the Commander in Chief. Following the media market size model, Orlando and Jacksonville should be next. http://wapo.st/ihyyqN

On this day in 1863, federal naval and army forces evacuated Jacksonville, setting fire to much of the town as they left. And in 1927, H.O. Seagrave became the first person to drive a car faster than 200 miles-per-hour at Daytona Beach.

Your criticism, praise and allegations of bias are always welcome. E-mail Florida Morning at abel.harding@jacksonville.com or find me on the Twitters, @abelharding. New followers include @kimquilts2 and @FFRWnet.

GROWTH MANAGEMENT TO BE GUTTED? - "Florida's growth management protections, enshrined in a ground-breaking 1985 law, are being swept away by lawmakers who see them as roadblocks to economic development. Bills moving rapidly in the state House and Senate would virtually gut the 1985 Growth Management Act, eliminating state planners' review and approval authority over local government land-use decisions. The House bill would also make it harder for regular citizens to challenge the legality of developments, a provision absent so far in the Senate version. 'The result of those two bills will be that growth management as we've known it in Florida since 1985 will go away,' said Charles Lee, a lobbyist for Audubon of Florida." Tampa Tribune: http://bit.ly/gWjJGQ

WASSERMAN-SCHULTZ PICS UP OPPONENT - "After months of speculation about her future political aspirations, Karen Harrington is in.  Harrington’s campaign announced her candidacy for Congress in Congressional District 20 via a video announcement and accompanying press release on her newly revamped website.  Harrington, a resident of Davie, will likely again challenge incumbent Congresswoman Debbie Wasserman-Schultz (D-FL) for her seat." The Shark Tank: http://bit.ly/eWJhuQ

COORDINATING A 'BOO' - "Baseball and political protest, and on April 1st, Rays fans will get a bit of both. Governor Rick Scott is scheduled to throw the opening pitch, and the last time he did that, he got a less-than-favorable reception. The boos outweighed the cheers as Scott threw out the first pitch at a Yankees spring training game in Tampa. He is planning to return to the mound, this time at the "Trop" when the Rays host the Baltimore Orioles on opening day. One St. Petersburg man isn't just hoping the governor gets booed when he throws out that ceremonial first pitch -- he's trying to guarantee it. Peter Schorsch runs a political blog in St. Pete and is now behind a campaign on Facebook called 'Boo Rick Scott on Opening Day.' 'It's not so much because of the policies that Rick Scott has put forth,' said Schorsch. 'It's the way he's conducted himself in office. It's been petulant, it's been petty, it's been small minded, he's brushed off the media.' Schorsch thinks this is the best way to get the governor's attention." http://bit.ly/gHiZmM

QUOTE OF THE DAY - "My committee members and I are not potted plants." - Sen. Mike Fasano after learning of a surprise proposal to privatize all Department of Correction operations in South Florida. The department said it did not request the proposal. http://bit.ly/g6g4Nv

« Florida Morning: Drug testing state workers could spark legal war, Florida a 2012 battleground 37 of 37 Flag as offensive

Hawaii Mesothelioma Lawyer

It has long been assumed that people who worked in marine industries run a considerably higher risk of asbestos -related disease. This was recently proven in a study by researchers at the National Cancer Institute in Bethesda, Maryland. The study, which followed 4,700 subjects employed at a Coast Guard shipyard between 1950 and 1963, showed a “small but significant” increase in asbestos illnesses in those subjects as compared to the population at large. With Hawaii’s large amount of shipyards, ports and oil refineries, it is no surprise that there is a litany of mesothelioma lawyers Hawaii to aid those afflicted with asbestos diseases.

Hawaii is not a state that has a significant amount of legislation regarding any asbestos -related disease. Also, a search of the Hawaii State Judiciary cases turns up no cases for either asbestos cases or mesothelioma lawsuits Hawaii .

Despite a lack of litigation in higher courts, mesothelioma cases have been litigated in Hawaii’s lower courts by mesothelioma lawyers Hawaii . A number of people developed mesothelioma after exposure to asbestos in shipyards throughout Hawaii. In an effort to prove that the surge in mesothelioma diagnoses was caused by the asbestos used in the construction and repair of naval ships, mesothelioma attorneys Hawaii went after the shipyards. The shipyards, meanwhile, contended that inhaling the biogenic silica fibers from sugar cane processing caused the employees’ disease. The shipyards cited that many of their workers had or now worked in the sugar cane industry. Tests, however, proved that not a single mesothelioma diagnosis could be linked to the sugar cane industry.

Hoping to use the state’s preservation of its natural resources to improve the legal situation for mesothelioma victims, mesothelioma law firms Hawaii tried for years to get the state to ban the use of asbestos , claiming that Hawaii was a natural sanctuary for a multitude of wildlife species and that asbestos in the air around the shipyards would contribute to ecological disruption. Sadly not a single mesothelioma attorney Hawaii was able to offer adequate support to convince lawmakers of the need for such a ban on asbestos .

Those wanting to seek a mesothelioma lawsuit Hawaii or interested in hiring a mesothelioma lawyer in Hawaii should know that the statute of limitations for personal injury law in Hawaii is two years with a discovery rule that states that this amount of time begins when the problem (in this case the mesothelioma ) either was discovered or should have been discovered. In addition, if a personal injury lawsuit is begun by a mesothelioma victim but the victim dies before the case is concluded, a family member will be appointed as the special administrator and the case will continue. This turn of events may affect the ultimate amount of the settlement. Wrongful death cases fall under the same statute of limitations and follow the same discovery rule except that the time period begins at date of death.

There is no specific statute about asbestos in Hawaii. It should be noted that the state’s laws are commonly considered to be quite favorable to asbestos victims filing for a mesothelioma settlement Hawaii .

Posted by admin on Mar 29 2011. Filed under Asbestos Lawyer , Asbestos Lawyers , Asbestos News , Breaking News , Featured , Mesothelioma Lawyer , Mesothelioma Lawyers , Mesothelioma News . You can follow any responses to this entry through the RSS 2.0 . You can skip to the end and leave a response. Pinging is currently not allowed.