Tuesday, 12 January 2010 15:45 Written by Irwin R. Kramer

BOSTON (Legal Newsline) - An advertisement for Massachusetts Attorney General Martha Coakley's senatorial campaign misspelled the name of the state Monday night.

After a three-person debate Monday night, an attack ad on Republican state Sen. Scott Brown paid for by the state's Democratic Party spelled it "Massachusettes."

The ad was "authorized by Martha Coakley for Senate and approved by Martha Coakley."

"The punchlines write themselves: Before you represent a state in the Senate, shouldn't you learn how to spell its name?" Jim Geraghty wrote for National Review Online.

"This isn't the sort of thing that sways votes, but it does suggest a certain haphazard hastiness surrounding the Coakley campaign; they probably never thought they would have to run attack ads against a little-known state legislator in this state."

Recent polls have shown Brown with anything from a 1-percent lead to a 15-percent deficit.

The Boston Herald live-blogged the debate and included a poll on who was winning. By the end of the debate, Brown was receiving 86 percent of the votes, Coakley 9 and Independent candidate Joseph Kennedy 5.

The three are vying to succeed the late Ted Kennedy. A special election is being held Jan. 19.

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Tuesday, 12 January 2010 14:52 Written by Irwin R. Kramer

TALLAHASSEE, Fla. (Legal Newsline) - Florida Attorney General Bill McCollum is calling a bill that would reform the contingency fee contract into which his office enters with private attorneys his top legislative priority.

A version of the bill was shelved in May, but it was re-introduced in December by state Sen. John Thrasher. The bill caps the amount of money private attorneys can earn while representing the State.

"Scandal-fatigued Floridians have heard about far too many shady deals involving public officials," McCollum said. "This legislation takes aim at one of the most egregious forms of public corruption – pay-to-play politics."

The bill also provides more readily available public information about contingency fee contracts, such as timesheets. It is modeled after the practices McCollum uses.

The cap system provides a certain amount of attorneys fees for each tier of an award or settlement and allows a maximum of $50 million. McCollum, a Republican, is running for governor this year

An amendment to the bill became an issue. It allowed outside attorneys to make more than the cap system allowed if the attorney general thought they deserved more and a majority of the four Florida Cabinet members (governor, attorney general, chief financial officer and agriculture commissioner) agreed.

On the last day of the session for non-budget items, the House asked the Senate to recede the amendment. House Speaker Larry Cretul had the power to call for a vote on the amendment but did not.

The original bill was amended by the Senate. Sen. Dennis Jones, a Republican, pushed the amendment.

The amendment said the caps may be exceeded if the attorney general determines if there were exigent or unusual circumstances or specialized legal knowledge or experience was needed.

Lisa Rickard, the president of the U.S. Chamber's Institute for Legal Reform, joined McCollum in calling for the bill's passage. The ILR owns Legal Newsline.

McCollum's likely opponent in the governor's race, Democratic Chief Financial Officer Alex Sink, does not agree with the legislation.

"I think we have to look at it on a case by case basis and get the best deal for the taxpayer," Sink said during a State Board of Administration meeting Tuesday, according to the Orlando Sentinel.

"We have to look at the case, how much money might be at stake. We want maximum value might be available to retirees and taxpayers."

From Legal Newsline: Reach John O'Brien by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Tuesday, 12 January 2010 14:48 Written by Irwin R. Kramer

HARTFORD, Conn. (Legal Newsline) - Connecticut Attorney General Richard Blumenthal has reached a preliminary agreement with a bankrupt company to honor at least 50 percent of the value of unused gift cards.

Ski Market Ltd., after filing for Chapter 11 bankruptcy in December, had originally refused to honor the unused gift cards.

"Ski Market has agreed to give loyal consumers a lift - heeding our call and recognizing that consumer trust is imperative to Ski Market's future success," Blumenthal said.

"This preliminary agreement is a partial victory, and my office plans to continue working to assist consumers seeking additional reimbursements."

Blumenthal filed a motion last week with the U.S. Bankruptcy Court seeking to compel Ski Market to honor approximately $200,000 worth or more of the remaining unused gift cards sold to consumers.

Ski Market, in initial public statements following its announcement of filing Chapter 11 bankruptcy, had rejected the cards entirely, saying that its main secured creditor did not authorize the use of the cards.

"This action is a positive first step, but not the last in our battle on behalf of consumers with unused Ski Market gift cards," Blumenthal said. "We urge that consumers take advantage of it as soon as possible, assuming the bankruptcy court approves it."

The bankruptcy court must still approve this new deal, which would allow consumers to use their cards for up to 50 percent of their value at any Ski Market store from Saturday-Jan. 24.

"I am pleased that Ski Market has agreed that its financial avalanche should not bury its promises to consumers," Blumenthal said.

"We urgently warned Ski Market that it would doom itself by denying gift cards - destroying consumer confidence and deterring new buyers for the company assets. Ski Market is rightfully realizing its responsibilities to consumers. My office will continue to monitor this bankruptcy proceeding and fight for further consumer protections."

Tuesday, 12 January 2010 14:21 Written by Irwin R. Kramer

NEW YORK (Legal Newsline) - Settlements with five health care facilities in the New York City Watershed to immediately end the disposal of pharmaceutical waste into the watershed have been announced by New York Attorney General Andrew Cuomo.

The almost 2,000-square-mile watershed drains into reservoirs and lakes that then provide 8 million New York City residents and 1 million people living in Westchester, Putnam, Ulster and Orange counties with drinking water.

All five of the facilities -- O'Connor Hospital, located in Delhi, Delaware County; Margaretville Memorial Hospital, located in Margaretville; Mountainside Residential Care Center, a nursing home located in Margaretville; Countryside Care Center, a nursing home located in Delhi; and Putnam Nursing and Rehabilitation Center, a nursing home located in Holmes -- are located in Delaware and Putnam counties. All five facilities cooperated with Cuomo's investigation.

A 2008 study by the New York State Department of Health and School of Public Health, SUNY Albany, found low levels of antibiotics, heart medications, pain killers, mood stabilizers and hormones in wastewaters and waterways within the New York City Watershed.

"The 9 million people who get their water from the New York City Watershed enjoy some of the cleanest, safest and best water in the world," Cuomo said.

"We need to make sure it stays that way. These ground-breaking settlements provide a new model to implement immediate and sensible precautions to keep waste drugs out of the drinking water supply."

An investigation by Cuomo's office into the pharmaceutical waste management practices of hospitals, nursing homes and assisted living homes in the watershed led to the settlements, which are the first ever to require sources of pharmaceutical releases to end their risky disposal practices.

The disposal practices include flushing unused pharmaceuticals including painkillers, antibiotics, anti-depressants, hormones and other waste drugs into the watershed. Only trace amounts of of pharmaceuticals have been found in the New York City water supply to date.

The facilities were also found to be in violation of various provisions of the federal waste management law, state regulations and, in some instances, the federal Clean Water Act stemming from their handling of pharmaceutical wastes and other wastes.

Each of the five healthcare facilities is required by the settlements to immediately cease discharges of pharmaceutical waste into New York City's watershed. The waste must instead by sent to waste management facilities capable of safely treating pharmaceuticals.

Civil penalties for past violations of law and costs incurred by the state during the investigation must also be paid by the facilities.