National Roundup

0Louisiana Lawsuit filed over food labels LAFAYETTE, La. (AP) -- Tony Chachere's Creole Foods of Opelousas Inc. has asked a federal judge in Lafayette to stop Big Easy Foods of Louisiana from selling products in nearly identical packaging to Chachere's. In its lawsuit, Tony Chachere's alleges Big Easy Foods, of Lake Charles, is violating state law by infringing on Chachere's trademarks and violating the unfair competition federal law. The lawsuit claims the company packaged foods and meals, including frozen shrimp and sausages, in a package that was "confusingly similar" to the Tony Chachere's brand. In new release Monday, Big Easy Foods called the accusations "frivolous and without merit." The Advocate reports Tony Chachere's is also asking the court for damages, with the court to determine the amount. New Hampshire State seeks dismissal of hospitals' lawsuit CONCORD, N.H. (AP) -- The state has sought to dismiss a lawsuit brought by 10 New Hampshire hospitals contesting steep cuts in Medicaid reimbursements. Ten of the state's 13 biggest hospitals sued in July after the Legislature passed a budget that included a $115 million cut in Medicaid funding over two years. The hospitals alleged in the suit the cuts violated federal law requiring health care access for the poor. Many hospitals say they had to lay off workers in response to the budget ax. The Concord Monitor reports that in the motion to dismiss filed last week in Merrimack County Superior Court, the state attorney general argues that federal Medicaid law cannot overrule state laws. The state also argues that the hospitals have not shown "irreparable injury" from the cuts. North Carolina Prosecutors: Edwards' motions to dismiss meritless RALEIGH, N.C. (AP) -- Prosecutors seeking to try John Edwards for campaign finance violations have filed a stack of motions rebutting the former presidential candidate's contention that the case against him is fundamentally flawed. Lawyers for Edwards filed five motions earlier this month asking a federal judge to dismiss all six felony and misdemeanor counts, arguing that case is the work of a partisan prosecutor. Edwards is accused of using about $1 million in undisclosed payments from campaign donors to cover up an affair during his 2008 run for the White House. He has pleaded not guilty. In motions filed late Monday, prosecutors reiterated their position that the secret payments to support the mistress were not gifts, but contributions intended to preserve the viability of his campaign. Trial is to begin in January. Florida State to execute Valle for killing police officer TALLAHASSEE, Fla. (AP) -- A man who killed a Coral Gables police officer 33 years ago is set to finally serve his death sentence. Manuel Valle is scheduled to be executed at 4 p.m. Wednesday, more than eight weeks after his original execution date. Valle fatally shot Louis Pena during a traffic stop and was originally sentenced to death in 1981. He will be the first Florida prisoner to be executed under a new mix of lethal drugs. The execution has been delayed twice as courts reviewed appeals that claimed the new mix of drugs would cause pain. Those appeals were rejected by the state Supreme Court and a federal appeals court. Valle's lawyers have an appeal pending before the U.S. Supreme Court. Valle's death warrant was the first signed by Gov. Rick Scott. Ohio Judge: Alleged pill mill couple to stay free CINCINNATI (AP) -- A judge is allowing an Ohio couple facing federal charges of illegally distributing prescription pain pills to remain free pending the start of their trial. The government wanted the bonds of Nancy and Lester Sadler revoked. It says the couple lied about their income while receiving court-appointed attorneys and frequently visited out-of-state casinos, spending thousands. U.S. District Court Judge Sandra Beckwith rejected the government's request in a one-page order filed Tuesday. Beckwith required the couple to file a new financial affidavit and to update the courts on their finances monthly. Last month, Beckwith banned them from going to casinos. A 2010 indictment alleges the couple illegally distributed painkillers at a clinic in Waverly in southern Ohio. Louisiana Judge backs award in coach-firing suit BATON ROUGE, La. (AP) -- A state judge has refused to overturn an East Baton Rouge Parish jury's May 6 decision to award nearly $600,000 to former Grambling State University football coach Melvin Spears Jr. The Advocate reports the jury found the school breached Spears' contract when it fired him in December 2006. On Monday, state District Judge Wilson Fields denied Grambling's request for a new trial. At the request of Spears' attorneys, Fields also tacked on another $43,000 in penalty wages to the jury award. GSU attorney Charles Tabor said the school can proceed with its appeal to the state 1st Circuit Court of Appeal in Baton Rouge. Spears was named Grambling's interim head coach in 2004 after former coach Doug Williams took a front-office job with the NFL's Tampa Bay Buccaneers. Grambling went 6-5 in Spears' initial season, 11-1 in 2005 and 3-8 in 2006. The team won the Southwestern Athletic Conference and black college national titles in 2005. Wade Shows, who also represents Spears, had argued to the jury that Spears was fired without cause, a violation of the five-year contract he signed in early 2005. Spears sought to be paid for the final three years of his contract, which called for him to receive $156,000 annually, his lawsuit said. GSU attorney John Madison Jr. argued to the jury that Spears was terminated for just cause because then-Grambling President Horace Judson had "had it up to here" with Spears. Madison referred to an NCAA investigation into the Grambling football program while Spears was head coach. In the fall 2007, the NCAA cleared Grambling of any significant wrongdoing in a wide-ranging probe that stretched over three football seasons. The university was cited for five secondary offenses. The NCAA determined the violations occurred within the football program in 2004-06, all during Spears' tenure. The jury voted unanimously to award Spears $449,500 for breach of employment contract, and added $11,000 in penalty wages and $139,000 in attorneys' fees. Cody argued Monday that Spears is entitled to $54,000 in penalty wages and Fields agreed, which added $43,000 to the jury award. Spears is head football coach at Alcorn State University. Published: Wed, Sep 28, 2011