Ex-Judge's Law License Suspended

Journal Staff Writer A former judge accused of sexually harassing a woman appearing before him during a mediation has been suspended from practicing law for up to three years. The New Mexico Supreme Court on Wednesday ordered the suspension of Chris Berkheimer based on the same circumstances that led him to resign his post as a Workers Compensation Administration judge in June 2007. As cameras continued rolling after a mediation with a female claimant, Berkheimer made sexual advances on the woman. The mediation took place via videoconference in a closed conference room at the Workers Comp Administration field office in Roswell in April 2007. "After the close of the mediation with the door shut, (Berkheimer) made aggressive, inappropriate proposals of a sexual nature to (the woman), touched her inappropriately and requested that she accompany him to a bar and/or a hotel. He went with her outside the hearing room and continued to make inappropriate proposals," according to a document summarizing facts from the hearing committee. The woman's attorney, who was in Albuquerque, saw and heard the activity in the hearing room with the camera still on, according to the hearing committee's report. Berkheimer's behavior "does not meet any standard of 'decorum' in a legal proceeding," the committee report said. "(He) has expressed no remorse or responsibility for the offending behavior nor admitted any part of it." The mediation stemmed from a work-related auto accident. In Berkheimer's version of events, the woman invited him to feel the screws and hardware in her wrist. He said he accidentally hit her knee when he reached for his briefcase. "(He) did not conduct himself inappropriately at anytime whether physically or verbally," according to a document filed by Berkheimer. The state Supreme Court heard the case against Berkheimer brought by the New Mexico Disciplinary Board, which had sought his disbarment. A hearing committee chaired by former American Bar Association President Roberta Cooper Ramo had recommended Berkheimer be suspended at least two years. Joel Widman, an attorney for the disciplinary board, said the court also ordered that Berkheimer take annual sexual harassment training courses once he resumes practice. Berkheimer took inactive status with the New Mexico Bar a year ago until the disciplinary proceedings were concluded.

When Insurance Companies Aren't Fair

Now more than ever we are seeing clients come to us who have tried to settle cases on their own and been disillusioned by insulting offers and sometimes the appearance of outright trickery from the insurance company liable for their auto accident injury claim. Click here for an example of large scale deceit by major insurance companies that was recently in the news.

Fortunately Attorney Mark Caruso has over twenty years experience dealing with insurance companies in auto accident cases and is highly qualified to protect the rights of the injured. In fact Mark once worked within the insurance industry and has valuable insight on the way such companies deal with individuals seeking to pursue their claims without anyone to protect them. Mark Caruso offers a free, no obligation consultation to anyone who has been injured in an accident that was not their fault. Call today at 505-883-5000 (New Mexico and California residents only) to make an appointment to meet with Mark Caruso.

Judge Certifies Class Action Lawsuit Against Dell

A class-action lawsuit against Dell Canada Inc. has been certified by the Ontario Superior Court of Justice.
The suit was filed on behalf of Canadians who own Dell Inspiron notebook models 1100, 1150, 5100, 5150 or 5160. The class action seeks compensation from Dell arising from alleged soldering problems in the notebooks.
Lawyer Joel Rochon of the Toronto firm Rochon Genova says the class action covers some 120,000 Canadian consumers.
Rochon says his firm is overwhelmed by the number of people that have come forward.
The court denied Dell's motion to dismiss the class action and require customers with affected notebooks to deal directly with Dell.
None of the allegations raised in the suit have been proven in court.
For more information, contact Caruso Law Office at 505-883-5000.

Justice Ginsburg Treated for Pancreatic Cancer

Justice Ruth Bader Ginsburg, the only woman on the Supreme Court and a survivor of colorectal cancer a decade ago, underwent surgery for pancreatic cancer Thursday.
The news, revealed by court officials in a brief statement, raises questions about the health and future court service of the 75-year-old justice. Pancreatic cancer is one of the most lethal of all cancers, and its treatment can be particularly grueling and difficult.
Ginsburg learned of the lesion during a routine annual checkup in late January, the court statement said. A scan revealed the 1-centimeter tumor in the center of the pancreas. Surgery at the Memorial Sloan-Kettering Cancer Center in New York City was performed by Murray Brennan, a leading specialist in pancreatic cancer.
The court said Ginsburg was expected to be hospitalized for seven to 10 days. It had no comment on her follow-up treatment or how long she might be away from work. The justices are scheduled to begin a new round of oral arguments Feb. 23.
John Allendorf, an attending surgeon in the pancreas center at New York-Presbyterian Hospital/Columbia, said the relatively small size of Ginsburg's tumor suggests it was caught very early. Patients who have their tumors removed have the only chance of a cure, he said.
The court statement said Ginsburg had no symptoms before the discovery of the lesion. Pancreatic tumors grow rapidly and usually have spread throughout the body by the time their symptoms are detected, making them impossible to remove surgically, says Allendorf, who is not involved in her treatment.
Even with surgery and aggressive chemotherapy, however, pancreatic cancer usually returns. The median survival for Stage 1 disease -- as Ginsburg apparently has -- is two years, Allendorf says, and 30% of patients with Stage 1 cancer survive five years after diagnosis.
News accounts already had focused on possible retirements at the Supreme Court. Five of the nine justices are 70 or older. Ginsburg, who will be 76 on March 15, had said publicly before Thursday's announcement that she did not expect to retire anytime soon.
There was no suggestion Thursday that she would not finish the term, which typically runs until the end of June. The court is closely divided, and if she is not able to vote on cases, could deadlock 4-4 on some disputes.
White House press secretary Robert Gibbs said President Obama had not talked with Ginsburg but wished her a speedy recovery.
Ginsburg, who first gained national attention as a women's rights advocate arguing sex discrimination cases before the court, was appointed by President Clinton in 1993.
She has continued to be a robust voice for women's rights. Since the 2006 retirement of Justice Sandra Day O'Connor, Ginsburg has lamented being the only woman on the nation's highest bench.
Several sitting justices have undergone treatment for cancer over the years. Then-chief justice William Rehnquist revealed he had thyroid cancer in October 2004. Throughout chemotherapy and other treatment, he worked until the end of the 2004-05 term. He died on Sept. 3, 2005.
About 37,680 Americans were diagnosed with pancreatic cancer in 2008 and 34,290 died from it, according to the American Cancer Society.
For more information, contact Caruso Law Office at 505-883-5000.

FEMA Recalls Storm Meal Kit Peanut Butter

A U.S. agency says some emergency meal kits given to Kentucky and Arkansas storm victims may contain recalled peanut butter contaminated with salmonella.
The Federal Emergency Management Agency said kits manufactured by Red Cloud Food Services Inc. of South Elgin, Ill., under the Standing Rock label, "may contain peanut butter which is part of the precautionary national recall under way in accordance with the U.S. Food and Drug Administration."
The distributed meal kits, which include several main courses, include clear, 1-ounce packets of peanut butter, the agency said.
"People who have received commercial meal kits are asked to inspect the kits in their possession and immediately dispose of any peanut butter packets," FEMA said.
The meals were sent as part of U.S. President Barack Obama's federal disaster relief for Kentucky and Arkansas following a devastating ice storm last week.
A Red Cloud memo posted on the FEMA Web site says the prepared-foods manufacturer recalled the meals with the suspect peanut butter Jan. 19.
When asked why the agency appeared to have distributed the peanut butter two weeks after the recall, a FEMA spokeswoman said the recalled peanut butter was not included in the earlier alert, which she dated as Jan. 20.
When the alert was expanded Wednesday "to include a company that was previously cleared, we took immediate steps to cease distribution to any states or our distribution centers where there may be additional products," Ashley Small said in an e-mail.
The Red Cloud memo said that even though "not all meal kits" contained peanut butter, it was recalling all kits produced Sept. 22-25.
More than 1,000 items have been recalled in the salmonella outbreak that has sickened at least 550 people, eight of whom have died. A Peanut Corporation of America plant in Blakely, Ga., is being blamed for the contamination.
For more information, contact Caruso Law Office at 505-883-5000.