A federal appeals court on Wednesday upheld the city of Redondo Beach's ordinance allowing for the arrest of day laborers who approach automobiles soliciting work.

A divided three-judge panel of the 9th U.S. Circuit Court of Appeals reversed a lower-court decision.

The appeals court said the city's ordinance, modeled after a Phoenix law upheld by the same court, was a reasonable response to traffic problems that officials said day laborers soliciting work caused at two city intersections. The 2-1 majority noted that Redondo Beach allowed the day laborers an alternative forum to seek work such as passing out literature on sidewalks and in parking lots.

Judge Sandra Ikuta wrote for the majority that "we conclude that the Redondo Beach ordinance is narrowly tailored to serve Redondo Beach's significant interests in traffic flow and safety."

Three appeals court judges said in an unanimous decision that because Afghanistan is a war zone and that the United States in effect has sovereignty over Guantanamo Bay swing the balance against the detainees.

Unlike Guantanamo Bay, "it is undisputed that Bagram, indeed the entire nation of Afghanistan, remains a theater of war," the judges said in turning aside the requests of a Tunisian and two Yemeni prisoners.

In the case of Guantanamo Bay detainees, who do have the right to challenge their confinement in U.S. courts, the United States has maintained its total control of the Guantanamo Bay facility for over a century, even in the face of a hostile government, the court noted.

CDC, COUNTY AND ILLINOIS STATE HEALTH DEPARTMENT REPORTS ARE “INADMISSIBLE,” JUDGE RULES;

A state court judge is barring from evidence studies by the U.S. Centers for Disease Control (CDC), Illinois Department of Health, and the McHenry County Health Department in what is believed to be the largest brain cancer cluster cases in the U.S. courts. The first trial in the group of 31 cases is to begin here on June 7.

Court of Common Pleas Judge Allan Tereshko last week ruled against Rohm & Haas/Dow Chemical, the defendant, deciding that the public health epidemiological studies are “irrelevant” to the case and “can only serve as a source of confusion and misdirection.”

The brain cancer cluster victims from McCullom Lake, Illinois, are asserting that Philadelphia-based Rohm & Haas, a wholly-owned subsidiary of Dow, poisoned the air and groundwater in the McCullom Lake community with vinyl chloride (among other toxic chemicals) discharged from its chemical-manufacturing plant into an unlined waste pit near their homes. The Plaintiffs allege that prolonged exposure caused them to contract rare malignant brain cancers and brain tumors; 10 of the victims have died.

The first three brain cancer victims – next-door neighbors who were each diagnosed with malignant brain cancer within the same year – filed suit in April 2006.  Less than a month later, the McHenry Health Department, using outdated cancer-rate data (based on zip codes) for the area that includes McCullom Lake, told local residents there was no epidemiological evidence of a brain cancer cluster.  McCullom Lake’s population is only about 1,000 people; the population of its zip-code region is roughly 50,000.   Later, the state Department of Health announced that more recent data showed that there was no epidemiological evidence of a brain cancer cluster in McHenry County – population more than 300,000.  Under public pressure, the county government then asked the CDC to review the analyses of the two health departments. 

The Court’s order comes after attorneys for Rohm and Haas/Dow have claimed in pre-trial proceedings and in the news media that no public agency has found a brain cancer cluster in McCullom Lake.  Their statements rely on the flawed studies that the judge has now ruled inadmissible, according to Aaron J. Freiwald, lead trial attorney for the plaintiffs.

“The studies cited by the defendant were about as valid in this case as if you did a study of brain cancer rates in the entire state of Illinois or in all of the Western Hemisphere,” Freiwald said.  “They, too, wouldn’t tell you anything about brain cancer rates in McCullom Lake. When you do the math, using reliable, objective data, there is no escaping the fact there was and is a cancer cluster in McCullom Lake Village.”

The trial Court, in granting Plaintiff’s Motion to Preclude evidence of the studies, noted that the studies supported by the defendants “do not attempt to discretely address the pattern of brain cancer represented in the significantly smaller subset which is the Village.”

The first brain cancer cluster case to go to trial will be on behalf of Joanne Branham, who lived with her husband Franklin Delano Branham in McCullom Lake for 30 years.  Mr. Branham was diagnosed with glioblastoma, a lethal form of brain cancer, in 2004, just a few years after he and Joanne relocated to Apache Junction, Arizona, near Phoenix. He died just one month after brain surgery. 

Jury selection is scheduled for June 3rd. 

Contacts:
Aaron J. Freiwald, Esq.
ajf@layserfreiwald.com
215.875.8000
Stephan Rosenfeld (for Layser & Freiwald)
215.514.4101
steph@idadvisors.com

A U.S. senator urged the State Department on Monday to deny entry to the United States for all Russian officials allegedly responsible for the prison death of a lawyer.

Sergey Magnitsky died in November after spending almost a year in jail. He was awaiting trial on tax-evasion charges linked to his work with a British investor barred from Russia because of allegations he was a security risk.

Sen. Benjamin Cardin, D-Md., released a letter he wrote to Secretary of State Hillary Rodham Clinton asking her to deny entry to the United States of several senior officials from the Russian Interior Ministry, the Federal Security Service and the Federal Tax Service.

Magnitsky's colleagues and attorney believe the public officials listed by Cardin were involved in the lawyer's death.

"We can take the concrete action to ensure those public officials and others who share responsibility for this crime should be denied entry visas to the United States," Cardin wrote. "Since the death, a number of prison officials have been fired, but no one has been prosecuted for his torture or death, nor for participating in the corruption he exposed."

The Shuman Law Firm today announced that it is investigating potential breaches of fiduciary duty by certain officers and directors at Ormat Technologies Inc.

The investigation concerns whether the Company's directors and officers caused the Company to issue materially false and/or misleading financial statements. These statements eventually resulted in the Company restating its financial results.

On February 24, 2010, Ormat disclosed that the Board of Directors and Audit Committee of the Company, upon recommendation of management and after discussions with the U.S. Securities and Exchange Commission, had concluded that the Company's financial statements for the year ended December 31, 2008 required restatement and should no longer be relied upon. The Company restated its results because it improperly capitalized costs incurred in connection with the exploration and development of certain properties that it did not plan to develop. Upon this news, the price of Ormat stock declined more than 12.81% over the three days following the disclosure of this announcement.

If you currently own shares of Ormat and are interested in discussing your rights as an Ormat shareholder, or have information relating to this investigation, please contact Kip B. Shuman or Rusty E. Glenn toll free at 866-974-8626 or email Mr. Shuman at kip@shumanlawfirm.com or Mr. Glenn at rusty@shumanlawfirm.com.