Law.com carried an interesting story recently, “Widow’s Suit Seeks Return of $50M in ‘Excessive’ Fees and Gifts“:

A Manhattan law firm has been hit with a suit claiming some of its partners tried to extract almost $50 million in “gifts” and unearned fees from a longtime client, the 80-year-old widow of one of New York City’s largest real estate developers. In a suit filed Tuesday in Manhattan Supreme Court, Alice Lawrence, the widow of developer Sylvan Lawrence, who died in 1981, claims three partners at 26-lawyer Graubard Miller, which had represented her in a decades-long battle over her late husband’s estate, talked her into paying them $5 million in individual, taxable gifts, a practice they allegedly described as typical of longstanding attorney-client relationships….

Rubenstein and a number of other lawyers said they had never heard of a case where individual partners received a bonus directly from the client separate from fees paid to the firm. Ms. Lawrence wrote personal checks to the three Graubard Miller partners. Chill received $2 million. Reich received $1.55 million and Mallis received $1.5 million. According to the suit, they specifically told her not to pay this money to the firm, but to each of them individually. Chill allegedly instructed her to denote the payment as a “gift” on each check’s memo line. The following April, Chill allegedly told Ms. Lawrence she would need to pay gift taxes on the bonuses to the three partners or else their bonus payments would be dramatically reduced. She then paid $2.7 million in gift taxes to the federal government.

The US Senate Judiciary Committee concluded its four days of confirmation hearings for Chief Justice nominee John Roberts late Thursday, with closing remarks [SCOTUSblog report] from committee chairman Arlen Specter (R-PA) and ranking Democrat Pat Leahy (D-VT). Following the conclusion of Roberts’ own testimony earlier in the day, the committee heard from a wide range of other witnesses on the nomination, including Stephen Tober, chairman of the ABA’s standing committee on the federal judiciary. The American Bar Association had previously rated Roberts as “well qualified”, its top grade, upon his nomination as associate justice. Tober testified that the ABA rated Roberts as “well qualified” for the position of Chief Justice, saying the ABA is “fully satisfied” that “Judge Roberts meets the highest standards required for service on the United States Supreme Court as its Chief Justice.”

The Indiana Supreme Court has released its opinion in In the Matter of Timothy V. Clark and the Indiana Court of Appeals has released its opinion in Albert Allberry v. Parkmor Drug, Inc.. Meanwhile the 7th Circuit Ct. of Appeals has released two new opinions online:

• Bio, Maman v. Federal Express (civil)
• Firmansjah, Yulia v. Gonzales, Alberto (agency)

Missouri Governor Matt Blunt signed legislation Thursday authorizing lawsuits against anyone who helps teenagers get abortions in violation of Missouri’s parental consent law. The law is aimed at preventing teens from getting abortions in neighboring Illinois, which does not have a parental consent law. Planned Parenthood of Kansas and Mid-Missouri has already filed a lawsuit challenging the new restrictions, saying the new law violates the First Amendment and people’s rights to information and is bad public policy. Governor Blunt has called the legislation “a good pro-life piece of legislation that will reduce the number of abortions in our state” and said the state will be “cultivating a culture that values human life and the rights of the unborn.” Also Thursday, the Center for Reproductive Rights, filed suit on behalf of an abortion clinic, arguing that the clinic will be forced to closed because it will not be authorized to perform abortions under the new law. AP has more. The St. Louis Post Dispatch has local coverage.

The South Bend Tribune reports, “Convicted killer to get new trial.”

The Indiana Court of Appeals has reversed a South Bend man’s murder conviction because the trial-court judge did not tell jurors that voluntary manslaughter was a possible verdict.

The unanimous court ordered a new trial for David P. Clark, who was convicted for the November 2003 stabbing death of Gregory Funches in South Bend.

Meanwhile the Fort Wayne Journal Gazette carries an editorial on “Juvenile jail assaults.”

The Attorney General’s office has released a statement titled, “Indiana Attorney General Steve Carter announces another legal victory for Indiana’s Do Not Call Law.” An Indianapolis Star article also reports the recent news:

A federal judge has ruled in favor of the state in a 3-year-old lawsuit by nonprofit groups challenging Indiana’s popular “no-call” list.

U.S. District Court Judge Sarah Evans Barker issued a verdict without trial in favor of Indiana Attorney General Steve Carter, who defended the list.

In a 36-page opinion dated Sept. 6 and issued late Wednesday, Barker said the law is “content-neutral” and does not violate the First Amendment.

The National Coalition of Prayer, Indiana Association of Chiefs of Police, and the Kentucky-Indiana Chapter of Paralyzed Veterans of America filed the lawsuit three years ago arguing that the law violated the United States Constitution and restricted the right to free speech. (The Indiana Troopers Association was an original plaintiff; however, it withdrew its support of the lawsuit in 2004.)

In 2002, Vanderburgh Circuit Court Judge Carl Heldt ruled the law constitutional after a challenge was raised by Steve Martin and Associates, a group selling Kirby Vacuum cleaners. Judge Sarah Evans Barker for the U.S. District Court for the Southern District of Indiana states in her ruling that “The Act, in targeting the unwelcome inundation of calls by professional telemarketers into private residences which the residents themselves have deemed intrusive, constitutes a valid content-neutral government regulation on speech.” Barker concludes, ” … The Indiana Telephone Privacy Act is a constitutionally-valid, content-neutral, time, place, and manner restriction on speech.”

The AG has created a website with a slew of information and documents relating to the dispute.

The Indiana Court of Appeals has released two new opinions today:

• Marshall Highler v. State of Indiana
• Utility Center, Inc. v. City of Fort Wayne

The 7th Circuit Court of Appeals realeased three new opinions:

• Martin, Russell v. Grosshans, William (prisoner appeal)
• USA v. Abdel-Latif Dumeisi, Khaled (criminal)
• USA v. Bothun, Aric R. (criminal)

The Indianapolis Star reports today, “Questions raised by news release: Attorney general issues statement urging senators to vote for Supreme Court nominee.”

Questions were raised Wednesday about whether a Republican state officeholder had gone too far in urging supporters to push for the confirmation of Judge John Roberts to the U.S. Supreme Court.

Attorney General Steve Carter issued a news release on Wednesday endorsing Roberts for chief justice. The message, produced at taxpayer expense, was similar to Indiana Republican Party calls for Indiana residents to urge Democratic Sen. Evan Bayh to vote to support Roberts.

Here is the AG’s statement (pdf). Here is the statement released by the Republican Party that is referenced within the article.

Yesterday a U.S district court rejected a motion to dismiss Michael Newdow’s recent case seeking to remove the phrase “under God” from the Pledge of Allegiance. Judge Lawrence Karlton’s ruling is now available online via FindLaw. The judge granted legal standing to two families represented by Michael Newdow. Newdow is an atheist who unsuccessfully challenged the constitutionality of the Pledge last year before the US Supreme Court, which dismissed his suit for lack of standing without passing on the merits of the constitutionality issue. The Supreme Court held the divorced Newdow could not sue on behalf of his daughter because he did not have sufficient custody to qualify as her legal representative.

This Reuters story on today’s order is headlined, “Court says flag pledge violates U.S. Constitution.” The Los Angeles Times reports, “Pledge of Allegiance in Public Schools Ruled Unconstitutional.” Michael Newdow’s website offers materials on the latest case, including the amended complaint (pdf).

Doug Masson has been vigilant in reporting recent time zone developments and offers an updated map here.