Judge ousts defendant twice from Guantanamo court

The military judge presiding over the Sept. 11 war crimes tribunal at Guantanamo ejected one defendant from the courtroom twice Tuesday for speaking out of turn, adding a bit of drama to an otherwise dry pretrial motions hearing at the U.S. naval base in Cuba.

Ramzi Binalshibh, one of five Guantanamo prisoners charged with orchestrating the Sept. 11 terrorist attack, refused repeated warnings to stop trying to address the judge about what he claims are efforts by guards to keep him awake at night with banging sounds inside his cell.

But the judge, whose courtroom was repeatedly disrupted when the defendants were arraigned in May 2012, was having none of it. Army Col. James Pohl ordered troops to remove Binalshibh and place him in a holding cell.

Then the same scene repeated itself in the afternoon session, and the judge warned it would happen again if the defendant tried again on Wednesday. "If he is disruptive he will be escorted from the courtroom," Pohl told the lawyers for Binalshibh.

He also said he was concerned that the prisoner might shout out classified information, prompting courtroom censors to cut the sound. "I don't know what he'll say," he said.

Both removals occurred as the judge asked Binalshibh if he understood he has the right to be absent from the remainder of the pretrial motions hearing this week. The four other defendants also answered in the affirmative.

Binalshibh used the question as an opportunity to repeat claims that prison authorities use sounds and vibrations to keep him awake at night inside Camp 7, the high-security section of Guantanamo where he and the other defendants in the Sept. 11 case are held. Prosecutors say they have looked into the matter and were assured that no noises are being made.

Texas Supreme Court tackles same-sex divorce

The issues of same-sex marriage and divorce are set to go before the Texas Supreme Court.

The court is scheduled to hear arguments Tuesday on whether Texas can grant divorces to same-sex couples who married elsewhere.

Both cases involve same-sex couples who married legally in Massachusetts. Texas approved a constitutional ban on gay marriage in 2005.

Texas Attorney General Greg Abbott argues that state law won't allow Texas to recognize the divorces because that would validate the marriage. The couples question whether the same-sex marriage ban applies to divorce and whether it conflicts with the U.S. Constitution.

The U.S. Supreme Court in June struck down parts of the federal Defense of Marriage Act because it treats same-sex couples unequally.

The Texas court is not expected to rule for several months.

NC court dumps speedway's suit over $80M deal

A North Carolina court says it will not revive a lawsuit from one of the country's largest auto racing track operators which says local officials reneged on millions of dollars in tax breaks for a new drag strip.

A three-judge state Court of Appeals panel ruled Tuesday against Speedway Motorsports Inc. and Charlotte Motor Speedway, which sued Cabarrus County.

The companies had threatened to move the 135,000-seat speedway and build a new drag strip somewhere other than the Charlotte region unless they got the tax breaks. They say they decided to build the drag strip and upgrade the speedway after an oral agreement for $80 million in tax breaks.

SC trial lawyer Ron Motley dies at age 68

Celebrated South Carolina lawyer Ron Motley has died at the age of 68, law partner Joe Rice confirmed Thursday.

No cause of death was given for the trial lawyer, and funeral arrangements have not been announced.

Motley served as lead counsel in lawsuits that ultimately yielded the largest civil settlement in U.S. history in which the tobacco industry agreed to reimburse states for smoking-related health care costs.

As part of the Ness Motley firm, he also sued on behalf of asbestos victims and the families of the Sept. 11 terrorist attack victims.

Motley's practice underwent a transformation in 2003 when he and Rice formed the Motley Rice firm. The Mount Pleasant-based practice is one of the largest plaintiffs' firms in the country. The name change was partly because 13 attorneys and about 40 support staff left to form a new firm, Richardson Patrick Westbrook & Brinkman, in 2002.

The family of deceased South Carolina Supreme Court Chief Justice Julius "Bubba" Ness also sued the firm, saying the Ness portion of the name should be dropped since the practice was no longer connected to the family. Ness' son-in-law, Terry Richardson, was among the lawyers who left to form the new firm.

On Thursday, Richardson remembered Motley _ with whom he practiced for nearly 30 years _ as a tenacious attorney who was a major figure in a time when plaintiffs' law experienced a renaissance.

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Judge OKs class-action settlement over Skechers

A federal judge approved a $40 million class-action settlement Monday between Skechers USA Inc. and consumers who bought toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles.
U.S. District Judge Thomas B. Russell in Louisville approved the deal, which covers more than 520,000 claims. About 1,000 people eligible for coverage by the settlement opted not to take part.
Those with approved claims will be able to get a maximum repayment for their purchase _ up to $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair of Tone-Ups.
Russell also awarded $5 million for the attorneys in the case to split. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.
Two people that served as the lead plaintiffs in the case will receive payments of $2,500 each.
Russell considered multiple factors in deciding to approve the settlement and found it provides just compensation to the plaintiffs.

Flavor Flav due in Las Vegas court on felony case

A judge in Las Vegas is expected to hear evidence in a felony case alleging entertainer Flavor Flav attacked his longtime girlfriend and her teenage son last October.
The 54-year-old former rap and reality TV star is due Wednesday before a Las Vegas judge who agreed twice before to postpone his hearing.
Defense attorney Tony Abbatangelo has said he hoped to settle the case, but prosecutor Jake Merback says nothing is resolved so far.
The entertainer's legal name is William Jonathan Drayton Jr.
He's accused of pushing his girlfriend of eight years to the floor Oct. 17 and wielding two knives while allegedly chasing and threatening the woman's 17-year-old son.
He could face prison time on assault and child endangerment charges.

Lawyer: Murtha-linked Pa. brothers to plead guilty

Two brothers who owned defense contracting businesses that benefited from earmarks obtained by the late U.S. Rep. John Murtha will plead guilty to charging the military $650,000 for parts that were never delivered and paying a kickback to another contractor, a defense attorney said.
Ronald and William Kuchera will waive their right to be indicted and plead guilty to charges filed late last week by federal prosecutors, said Ronald Kuchera's lawyer, Stanton Levenson. They're waiting only for U.S. Judge Kim Gibson in Johnstown to set a court date, Levenson said.
Murtha, the powerful Democrat who chaired the House Defense appropriations subcommittee, isn't mentioned in the twin four-page criminal informations charging the Kucheras with major fraud against the federal government and conspiracy via two companies they owned, Kuchera Defense Systems Inc. and Kuchera Industries Inc., of Windber.
But another businessman and his company previously linked to the late congressman in a lobbying-for-earmarks scheme are mentioned: Richard Ianieri and Coherent Systems International Inc.

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Ex-hedge fund manager pleads not guilty in NYC

A former hedge fund portfolio manager charged with engineering a record-setting inside trade scheme has pleaded not guilty to insider trading charges.

Authorities say Mathew Martoma persuaded a medical professor to leak secret data from an Alzheimer's disease drug trial. Investigators say it helped him earn more than a quarter-billion dollars in illegal profits.

Martoma appeared Thursday in federal court in Manhattan. He remains free on bail.

He was arrested in November at his $2 million Palm Beach County, Fla., home on securities fraud and conspiracy charges.

He is a former portfolio manager at an affiliate of a Stamford, Conn.-based firm owned by Steven A. Cohen, one of the world's richest men.

Martoma is the fourth person associated with SAC Capital to be arrested on insider trading charges in the past four years.