James Beaty Jr.

Hagan may help name judges

ryanteaguebeckwith — Mon, 02 Mar 2009 09:29:54 -0500

U.S. Sen. Kay Hagan may help name two federal judges.

The first-term Democratic senator will likely give advice to President Obama, who may fill at least two of the four vacancies on the U.S. Court of Appeals for the Fourth Circuit, reports former Domester David Ingram, now of the Legal Times.

She met with several possible nominees for the 4th Circuit a few weeks ago, but she does not appear to have moved quickly to set up an internal system for recommending anyone, says Burley Mitchell Jr., a former chief justice of the N.C. Supreme Court and a partner in the Raleigh office of Womble Carlyle Sandridge & Rice.
"She’s just gotten there," Mitchell says. "I don’t think that they've even worked out any of the mechanisms."

Hagan's office declined to comment on the process. Possible nominees include UNC-Chapel Hill law professor S. Elizabeth Gibson, U.S. Bankruptcy Judge Rich Leonard and N.C. Appeals Court Judge Jim Wynn.

Others who are interested include U.S. District Court Judge James Beaty Jr.; private lawyers James Cooney III, Douglas Kingsbery and Robert Spearman; Southern Coalition for Social Justice director Anita Earls, N.C. Appeals Judge Martha Geer and N.C. Supreme Court Justice Patricia Timmons-Goodson.

Yet another name for Fourth Circuit

ryanteaguebeckwith — Mon, 22 Dec 2008 16:12:03 -0500

A Dome reader sends along one more name for the Fourth Circuit.

Following on the logic of other would-be judges, the legal insider writes that S. Elizabeth Gibson of the UNC-Chapel Hill School of Law may also be under consideration.

Gibson clerked for the U.S. Court of Appeals and the U.S. Supreme Court and worked for a Washington, D.C., law firm before becoming a professor.

She was nominated under President Clinton as well.

Other names previously mentioned: James A. Beaty Jr., Charles Becton, Robert Spearman, Rich Leonard, Jim Wynn, Patricia Timmons-Goodson and Martha Geer.

Two more names for Fourth Circuit

ryanteaguebeckwith — Mon, 22 Dec 2008 13:56:26 -0500

Two more names have been mentioned for the Fourth Circuit.

A knowledgeable insider tells Dome that James A. Beaty Jr. and Charles Becton might also be under consideration by President-elect Barack Obama for the vacant seats on the U.S. Court of Appeals.

Beaty was nominated in the mid 1990s, but his appointment languished in committee and he currently is a U.S. District Court judge. Becton is another former would-be judge from the Clinton years, and is currently serving as president of the N.C. Bar Association.

Other names previously mentioned: Robert Spearman, Rich Leonard, Jim Wynn, Patricia Timmons-Goodson and Martha Geer.

Several of the picks would allow liberals to have the last laugh over former Sen. Jesse Helms, who blocked Leonard, Wynn and Spearman from judgeships during his long career.

Vaccine opinion

ryanteaguebeckwith — Tue, 15 Apr 2008 11:39:47 -0400

Vaccine opinion

A judge's opinion on a vaccine lawsuit filed by Bill Graham.
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Graham's 2002 vaccine lawsuit

shwineka — Tue, 15 Apr 2008 11:28:42 -0400

Bill Graham filed a 2002 lawsuit against a vaccine manufacturer that drew the ire of advocates for tort reform.

The Republican gubernatorial candidate was the lead attorney for the plaintiffs in John and Jane Doe v. Ortho-Clinical Diagnostics.

The 27-page summary of allegations charges that the company distributed a vaccine containing mercury that led to "severe neurodevelopmental disorders" in the couple's two-year-old son. In 2006, it was dismissed by U.S. District Court Judge Judge James Beaty Jr. for lack of a proper expert witness.

Some parents have blamed mercury-containing thimerosal in vaccines for causing autism, although the U.S. Centers for Disease Control and Prevention says the "weight of scientific evidence" indicates that vaccines are not associated with the disorder.

Lawsuits over vaccines and autism have been criticized by conservative groups calling for tort reform.

"When you look at this Ortho-Doe case, it's precisely the junk science, junk claim that those of us in tort reform have opposed and harshly criticized," said James Copland, director for the Center for Legal Policy at the Manhattan Institute.

But Graham cautioned against making assumptions about the lawsuit.

"We didn't even say the word autism in the complaint," he told Dome. "To say that it had any relationship to autism ... it was never an allegation in the complaint."

Judge Beaty, however, did not shy away from the word, using "autism" or "autistic" 64 times in his 25-page opinion about the vaccine, called RhoGAM.

"Plaintiffs have failed to present sufficient evidence from which a jury could conclude the thimerosal in RhoGAM caused Minor Child Doe's autism," he wrote.

Graham said that he filed a number of subsequent cases regarding the same type of mercury poisoning without mention of autism. One of those plaintiffs, Laura Bono, co-founded the National Autism Association.