Latest news with #McNew
Yahoo
4 days ago
- Business
- Yahoo
Hearing set June 12 in CARD Clinic seizure; sheriff's sale set for July 2
Jun. 6—A federal judge in Missoula will hear arguments next week dealing with BNSF's attempts to seize the assets of Libby's CARD Clinic. The hearing is scheduled for 9:30 a.m. Thursday, May 12, in the Russell Smith Federal Courthouse. Judge Dana L. Christensen will hear the case. Also, Lincoln County Sheriff Darren Short signed a notice Thursday, June 5, giving notice to a sheriff's sale July 2 to the highest bidder to satisfy the judgment for the plaintiff, BNSF, with interest and costs. While the date is subject to change pending an order from the court, the sale is currently set for 10 a.m. Wednesday, July 2. According to Montana code, the sheriff's office has 120 days from the day it received the writ to conduct the sale. The sale will include the real property as well as office equipment, furnishings, and other machinery, fixtures and equipment. For more information, contact the sheriff's office at 406-293-4112, ext. 1232. The non-profit clinic, which has served thousands of patients afflicted with asbestosis and other deadly ailments, has been closed since May 7 when the Lincoln County Sheriff's Office served a Writ of Execution on the Center for Asbestos Related Disease, Inc. to satisfy a $3.1 million judgment. A writ of execution is a court order directing a sheriff to seize and sell property to satisfy a judgment. The judgment stems from a lawsuit won in 2023 by Texas-based BNSF, owned by billionaire Warren Buffett, that accused the clinic of filing hundreds of fraudulent claims over several years. Federal jurors ruled two years ago that the clinic made or presented false claims 337 times, including 91 violations after November 2015. CARD filed for Chapter 11 bankruptcy in August 2023, allowing it to continue operations. But the United States intervened in the bankruptcy proceeding and determined that the judgment should not be paid, so the bankruptcy was settled and dismissed in spring 2024. In September 2024, CARD lost an appeal to a jury's 2023 judgment. In the meantime, CARD officials recently found another location to serve its patients. It is located at 118 West 3rd Street. It will be open the same hours as the clinic, 8 a.m. to 5 p.m. Monday through Wednesday. "We are still receiving grant money and we have a mission to fulfill so we're pleased we can still offer some services," McNew said. "Patients are welcome to stop in and we'll work to answer their questions." McNew said they are able to answer emails from patients and send test results to patients. She also hopes that they will be able to continue outreach education. Another hope is that the new location will have working phones next week. McNew said since the seizure of the clinic, BNSF has taken at least $100,000 from the clinic's operating account. In a May 9 court filing, Billings-based Assistant U.S. Attorneys Mark Smith and Lynsey Ross filed a motion in Lincoln County District Court to quash the court's writ on the CARD Clinic. In the motion, the attorneys said it contacted BNSF attorney Cole Anderson and requested the company withdraw the application. But the company declined and objected to the motion. "In 2023, a Montana jury found that the CARD clinic had submitted false asbestos claims costing taxpayers millions of dollars. The judge determined the amount of damages to be repaid, and the process for recovery is set by law," said Kendall Sloan, BNSF Director of External Communicatons. According to a declaration by CARD Executive Director Tracy McNew filed with the motion to quash, she reported that all CARD employees were compelled to vacate the clinic May 7 following the seizure and the sheriff's office replaced all of the locks. Thursday, May 8, following a request, certain CARD employees were allowed to enter the clinic to access the CARD Quickbooks accounting program. McNew said sheriff's office officers monitored CARD employees activities and once they were done using the accounting program, they left the office and haven't returned. In a May 20 filing in federal court in Missoula, CARD's attorney, James A. Patten of Patten, Peterman, Bekkedahl and Green, a Billings firm, sought to join the federal motion to quash the writ and sought a preliminary injunction and temporary restraining order. CARD argues that the railway's writ violates bankruptcy proceedings and applicable law. It is seeking the injunction and restraining order to prevent further harm upon CARD and the wrongful interference with the clinic due to its status as a federal grant recipient. In 2011, CARD was chosen by the U.S. Agency for Toxic Substances and Disease Registry for a four-year grant for a screening program for environmental health hazards, including asbestosis, pleural thickening and pleural plaques, caused by exposure to hazardous substances at Libby's Superfund sites. The federal grants continued with the most recent reward in September 2024. It will run through August 2029. The argument also includes the harm the clinic will suffer because it cannot screen patients, provide education, monitor diagnosed patients and provide follow up of testing results and respond to patient requests. In another declaration by McNew, she said the clinic had to cancel about 50 appointments per week since the May 7 closure. It also said the clinic's pulmonary function testing equipment, the only of its kind in Lincoln County, has sat unused as a result of BNSF's seizure. "CARD has on several occasions identified patients in need of emergency care and/or serious treatment for previously undiagnosed malignancies as part of our routine screenings," McNew wrote. BNSF replied to the clinic's filings in a 53-page document filed May 30 in federal court. Among its arguments, railway attorneys Knight Nicastro MacKay maintain because the federal government didn't intervene in the original lawsuit, it doesn't have a right to stop BNSF from recovering money from the judgment. "The Government begins by claiming that litigation in which the United States is a party is reserved to the officers of the Department of Justice, under the direction of the Attorney General, citing U.S. statute. But BNSF attorneys say federal attorneys left out a relevant portion of the statue which directly applies. It reads, "Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing evidence therefor, is reserved to officers of the Department of Justice, under the direction of the Attorney General." They also say because CARD has mixed its grant income with non-grant income that it must prove its bank accounts and property represent only grant money. During the 2023 trial, a number of donations from plaintiff attorneys were revealed. From 2012 to 2017, the clinic received $81,000 from attorneys and $30,000 for a mortality study. Dr. Brad Black, CARD's former medical director, testified to $116,000 in donations from Montana plaintiff attorneys. The list didn't include two $10,0000 donations from a national plaintiffs' law firm or a $24,381.94 donation for the clinic's new parking lot. BNSF also believes CARD has received its most significant non-grant income in the form of Medicare payments for treating its patients. "This is the equivalent of personal income for CARD and the amount of this income what property it was used to buy is still unknown to BNSF," the attorneys argued. Railway attorneys also said they do not intend to use grant funds to satisfy the judgment or ask to liquidate CARD assets pending the federal court's review of whether grant funds were mixed with non-grant funds to secure the assets. Gold miners discovered vermiculite in Libby in 1881. In the 1920s, the Zonolite Company formed and began mining the vermiculite. In 1963, W.R. Grace bought the Zonolite mining operations. The mine closed in 1990. In 2002, the Environmental Protection Agency placed the site on the Superfund program's National Priorities List and cleanup work continues to this day. Fibers from the asbestos tied to vermiculite mining that began in the 1920s can embed in lung tissue and cause fatal lung disease. No one knows how many people in the region have died from the effects of asbestosis, mesothelioma or other cancers linked to exposure to asbestos-containing vermiculite mined, processed and shipped from Lincoln County and Libby. BNSF's involvement relates to asbestos-contaminated vermiculite in the rail yard that a 2024 federal jury said was a considerable factor in the negligent deaths of former Libby residents Thomas Wells and Joyce Walder. Both Wells and Walder lived near the railyard and were both diagnosed with mesothelioma and died in 2020. Hundreds of people died and more than 3,000 were sickened from asbestos exposure in the Libby area, according to researchers and health officials. BNSF faces accusations of negligence and wrongful death for failing to control clouds of contaminated dust that used to swirl from the rail yard and settle across Libby's neighborhoods. The vermiculite was shipped by rail from Libby for use as insulation in homes and businesses across the U.S.
Yahoo
22-05-2025
- Yahoo
Fallen Jacksonville Corrections Officer Brad McNew honored
On Wednesday, State Attorney Melissa Nelson held her office's 7th annual Daniel E. Watts Outstanding Law Enforcement Officers Awards. The awards are given every year to recognize the sacrifice and dedication of outstanding law enforcement officers in Florida's Fourth Judicial Circuit. Twelve awards were presented during the ceremony. Among those honored this year was Jacksonville Sheriff's Office Corrections Officer Brad McNew, who was shot and killed while he was off duty late last year. 'There is no one more deserving of this award,' Nelson said. McNew was posthumously awarded the Medal of Valor Award for his sacrifice. [DOWNLOAD: Free Action News Jax app for alerts as news breaks] In October 2024, McNew was off the clock when he intervened in a domestic dispute between a man and a woman at a Love's gas station near Jacksonville International Airport. As he tried to offer help and de-escalate the dispute, JSO said McNew was shot and killed by the man involved. Officers arrested Demaurea Grant in North Carolina shortly after. Just this week, Grant pleaded not guilty, and prosecutors said they are seeking the death penalty. McNew's wife and son accepted the award on his behalf. Sheriff T.K. Waters said McNew leaves behind a legacy of true public service. [SIGN UP: Action News Jax Daily Headlines Newsletter] 'What it's like to be a public servant all day, every day. No matter what you're doing, stepping in, intervening, trying to help people even when you don't have to,' Waters said. Below is the full list of awards that were presented during the event: Citizen & Volunteer Partnership Award K-9 Valor Award 3x Investigative Excellence Award Prosecutorial Award State Attorney Award Lifesaving Award Bravery Award Meritorious Service Award Medal of Valor Award Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.
Yahoo
19-05-2025
- Yahoo
State seeking death penalty for man accused of killing a Jacksonville corrections officer
Demaurea Grant, who Action News Jax told you at the start of the month was brought back to Florida after being arrested in North Carolina for the murder of Jacksonville Sheriff's Office corrections Officer Brad McNew, is pleading not guilty. His lawyers tell Action News Jax they entered a written not guilty plea before Grant's hearing at the Duval County courthouse on Monday. During the hearing, not only did lawyers with the State Attorney's Office say they were pursuing the death penalty, but Grant gave up his constitutional right to a speedy trial. >>> STREAM ACTION NEWS JAX LIVE <<< Grant's lawyers are asking for the trial to start in 2026. Between the requests of Grant's lawyers in the state, it's likely the trial will start in either January or April. Grant has been staying in the Clay County jail since he was first brought back to Florida on the first week of May. He was put in Officer McNew's handcuffs when he got to northeast Florida. Grant is accused of shooting and killing Officer McNew at a Love's gas station near the Jacksonville International Airport in October 2024. [DOWNLOAD: Free Action News Jax app for alerts as news breaks] JSO says Officer McNew was off-duty at the time and not in uniform, but had tried to stop Grant from attacking the woman he was with when he was killed. She was later identified as Makayla Huggins, who has pleaded guilty to helping Grant get away from the area after the shooting. Huggins is set to appear in court in July. Grant's next court hearing is set for June 16. [SIGN UP: Action News Jax Daily Headlines Newsletter] Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.
Yahoo
17-05-2025
- Yahoo
Volunteers remove ‘eyesore' boat beached on Beer Can Island in Hudson
An abandoned 54-foot cruiser boat beached on Beer Can Island in the St. Croix River in Hudson has been towed away after the owner racked up more than $40,000 in fines from the city. Calling it an 'eyesore,' Dave Jarvis, of St. Croix River Cruises in Hudson, worked with three other men to get the boat, the Sweet Destiny, towed off the island on Friday. 'We were all kind of sick of looking at it,' he said. 'If we didn't do it, who would've done it?' The city, Jarvis said, had been looking into possible funding to have the boat removed, but it might have been an even longer wait. So Jarvis called the city and asked permission to tow the boat. 'They didn't hire us,' Jarvis said of the city. 'We just did it.' As of December, the owner of the boat had racked up more than $44,000 in fines, according to Police Chief Geoff Willems. It is unclear how much the owner, Grayson McNew, owes now. He did not return emails for comment on Friday night. A crew of four spent all day Friday removing the beached boat. Jarvis and his father, Gordy, worked with Wayne Prokosch and Josh Stokes from River City Welding in Red Wing, beginning at 8 a.m. and finishing up with the boat settled in for the night at Jarvis's dock at 5 p.m. Getting the boat off the island was the 'right thing to do,' Jarvis said. 'Let me put it this way, it's been a sour topic in our community for quite some time and honestly, an eyesore. Everybody has been wanting that boat off of there. There are safety issues and environmental hazards. It was time. It was time for somebody to do something and we have the knowledge, ability and experience.' Jarvis said the boat will be towed to Red Wing on Monday where it is possible someone might buy it for next to nothing. 'It might be scrapped or refurbished. It is really a wreck. Everything would have to be replaced,' Jarvis said, noting the boat would need a lot of work including a new engine and electrical system. McNew apparently bought the 1981 Bluewater Intercoastal in 2024. The boat, which was beached on the sand, apparently had a hole in its hull and sank halfway, Willems said. It also had its rudder ripped off, he said. 'He thought he got a good deal and that he could fix it up and do something with it,' Willems said. 'Then life happened, and he didn't have the money or time to fix it up.' Here's how a local nonprofit is connecting people with horses (for free) Remains of woman missing since 2016 are found in St. Cloud area Wisconsin: Trollhaugen's Adventure Park feature closing permanently Minnesota ranks No. 1 for youth voter turnout in 2024 general election Proposed NOAA cuts put Great Lakes research, safety at risk, experts say In August 2024, Hudson officials contacted McNew, of Afton, and told him he had until Oct. 1 to remove the boat or he would be charged for the removal and towing of the boat. McNew 'stated he understood,' according to police reports. But the boat remained marooned on the island until Friday. McNew, who has twice run unsuccessfully for the Minnesota House, first came to the attention of Hudson officials in July when he docked the cruiser at the city's new boat launch in Lakefront Park, Willems said. 'It was parked there for, like, a week, and we started getting complaints about it,' Willems said. 'So we called him and said, 'Hey, the boat's got to move.' He moved it out to (Beer Can) Island and then just left it there.'
Dominion Post
13-05-2025
- Sport
- Dominion Post
Jacob Kennison sacrifices no-hit bid, as UHS takes down Preston in regional opener
MORGANTOWN — One of the many unwritten rules in baseball is to never talk with a pitcher during a bid for a no hitter. Consider University High School coach Travis Renner a rule breaker. With his Hawks leading 4-0 through four innings and senior pitcher Jacob Kennison tossing a no-hit gem, Renner pulled Kennison aside and made the decision to pull the pitcher. 'I looked at Jacob when he came off that inning, and he looked at me, and obviously he doesn't want to come out of the game,' Renner said. 'But he said 'We didn't come here to win one game. We came here to win all of these games.'' The game was a first-round Class AAAA regional contest against Preston and ended with a 4-1 Hawks' victory. University jumped out to a 3-0 lead over the young Knights' squad as Daniel Grabo provided a two-run single and Tommy Montague slugged an RBI ground-rule double. 'It seems like every game we come with those big starts in the first and we kind of coast a little bit throughout the game,' Renner said. 'We can't coast any more. We got to keep putting the pressure on. We got to keep going.' UHS added its final run in the second inning when Brance McCune hit a two-out single to center that scored Barrett Shuba who led off the inning with a single of his own. The Hawks (16-12) had the bases loaded in the third inning with just one out, but Preston was able to wiggle out of the jam thanks to solid pitching and defense. 'That was huge,' PHS head coach Glen McNew said. 'We did exactly what we needed to do. That's what I expect of them all the time. Be ready and make every play and we made them like we were supposed to – if we can do that for a complete game, we can beat anybody.' McNew said his team's inability to find its offense on Monday was a bit of a surprise. 'All day on Saturday, we had the pitching machine throwing 90 and we hit it great,' McNew said. 'And we come over here and I wish I could explain it. We'll get them coached up a little bitter, and we'll be ready to roll on Wednesday.' Preston will face the loser of Tuesday's game between Morgantown and University on Wednesday in a Regional elimination game. The Knights (8-10-1) finally broke through in the sixth inning as they racked up three hits including a double off the bat of Bryson McNew. Their lone run scored when Lyric Moats hit a one-out single and then later scored on an error by UHS. Renner turned to senior Daniel Grabo to close the game out and pick up the save. He struck out three in one and one-third innings of work. 'Danny has been our guy that we've been able to rely on late in the games,' Renner said. 'Nothing against any of our pitchers, but after a couple of at bats, it was time to go to the guy that we have put in that spot more than anybody else.' — Story by Eric Herter PHS – Manko 3 0 0 0, Moyer 4 0 0 0, McNew 3 0 1 0, Moats 2 1 1 0, Lowe 2 0 0 0, Thomas 3 0 1 1, McVicker 1 0 0 0, Ward 2 0 0 0, Peaslee 2 0 0 0, Thaler 2 0 0 0. Totals: 24 1 3 1. UHS – Quarrick 4 1 0 0, McCune 3 1 2 1, Cash 3 0 1 0, Grabo 3 1 1 2, Montague 2 0 1 1, Neer 3 0 1 0, Jenkins 2 0 1 0, Ba. Shuba 3 1 1 0, Br. Shuba 2 0 0 0. Totals: 25 4 8 4. 2B – PHS: McNew. UHS: Montague. WP – Kennison 4ip 0h 0r 0er 2bb 4k. LP – Thomas 3.1ip 8h 4r 3er 1bb 2k. S – Grabo 1.1ip 0h 0r 0er 1bb 3k
