Mark Sherman

October 24, 2007 | The Legal Intelligencer

By MARK SHERMAN

3 minute read

October 11, 2006 | Corporate Counsel

The Supreme Court on Tuesday declined to consider whether W.R. Grace & Co. must pay $54 million to clean up asbestos in a Montana mining town. The case pits Grace, which operated a vermiculite mine for 27 years, against the EPA, which oversees the federal Superfund program for the nation's worst hazardous waste sites. Grace said other appeals courts ruled that companies can't be forced to pay the cost of cleaning a polluted site without being allowed to challenge whether the cleanup was necessary.

By Mark Sherman

2 minute read

September 21, 2005 | Corporate Counsel

GlaxoSmithKline has agreed to pay more than $150 million to settle fraud allegations over the pricing and marketing of anti-nausea drugs Zofran and Kytril, the Justice Department said Tuesday. The company admitted no wrongdoing as part of the settlement, which is the latest in a series of actions involving major drug makers that reap millions from Medicare and Medicaid. An assistant AG said last year that the pricing and marketing of 500 drugs made by various manufacturers were under investigation.

By Mark Sherman

2 minute read

December 12, 2005 | Law.com

U.S. citizen Jose Padilla's legal challenge to his three-year stay in a military jail without charges should be dismissed because he now stands accused of a crime, the Justice Department told a federal appeals court Friday. The filing with the 4th Circuit is an attempt by the administration to avoid a Supreme Court showdown over its controversial policy of detaining U.S. terror suspects indefinitely and without charges.

By Mark Sherman

3 minute read

January 10, 2007 | Law.com

The Supreme Court on Tuesday upheld the conviction of Juan Resendiz-Ponce, who was caught trying to enter the United States illegally, in a case that initially was seen as a test of whether a flawed indictment could violate a defendant's rights. But in an 8-1 opinion, the Court said that the indictment of Resendiz-Ponce itself was sound. The indictment "did not deprive him of any significant protection that the constitutional guarantee of a grand jury was intended to confer," Justice John Paul Stevens said.

By Mark Sherman

2 minute read

June 19, 2007 | National Law Journal

Passengers, like drivers, have a constitutional right to challenge the legality of police decisions to stop cars in which they are traveling, the Supreme Court said Monday. California had argued only the driver is covered by the Fourth Amendment's protections against unreasonable searches and seizures. Justice David Souter, writing for a unanimous Court, disagreed. "A traffic stop necessarily curtails the travel a passenger has chosen just as much as it halts the driver," Souter said.

By Mark Sherman

2 minute read

April 27, 2007 | Law.com

When Chief Justice John Roberts took his center seat for the first time in October 2005, John Paul Stevens, the Supreme Court's senior justice, wished him "a long and happy career in our common calling." This week, Roberts had some words for Stevens, who turned 87 last week. And they were not nearly so kind. In a pointed dissent from decisions overturning death sentences for two Texas inmates, Roberts accused Stevens of engaging in revisionist history.

By Mark Sherman

2 minute read

June 10, 2009 | The Legal Intelligencer

BOSTON (AP) ? Jury deliberations have resumed in the kidnapping trial of the German-born man who calls himself Clark Rockefeller.

By MARK SHERMAN

4 minute read

March 14, 2005 | Law.com

President Bush on Friday chose Paul D. Clement as solicitor general, the job Clement has held for eight months on an acting basis. Clement served as deputy to Solicitor General Theodore Olson, whom Bush tapped after Olson won the Supreme Court decision on Florida's presidential voting that sealed Bush's 2000 victory. Clement drew criticism when he assured justices that the administration could be trusted with broad authority to detain terror suspects without giving them a chance to be heard in court.

By Mark Sherman

2 minute read

April 26, 2005 | Law.com

Adelphia Communications has agreed to pay the government $715 million to settle a federal fraud investigation, Attorney General Alberto Gonzales said Monday. The government will use the funds to compensate investors hurt by the fraud -- making the settlement one of the largest of its kind, Gonzales said. Adelphia filed for bankruptcy after founder John W. Rigas and others were accused of using the company as their "private piggy bank" and cheating investors out of billions of dollars.

By Mark Sherman

2 minute read