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Sen. Collins, potential swing vote, meets with Kavanaugh
Breaking Legal News |
2018/08/22 01:06
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Supreme Court nominee Brett Kavanaugh met Tuesday with Republican Sen. Susan Collins of Maine, a centrist who's seen as a potential swing vote on his confirmation, while Democrats push him to release more documents from his years in the George W. Bush White House.
Collins supports abortion rights and has vowed to oppose any nominee who has "demonstrated hostility" to Roe v. Wade. But she has spoken highly of President Donald Trump's nominee, saying he's qualified for the job.
The meeting Tuesday comes as Kavanaugh, an appellate court judge, is making the rounds on Capitol Hill ahead of confirmation hearings in September. One key meeting will be with Senate Minority Leader Chuck Schumer, D-N.Y., who says he'll ask Kavanaugh to fully support releasing documents from the Bush White House that Republicans have declined to review.
Schumer said he will ask Kavanaugh, as he has Republicans, "What are they hiding?" He expects the judge to be able to fully explain his record. "I hope he comes prepared to answer direct questions," he said.
Democrats complain that Republicans, who have a slim 51-49 majority in the Senate, are withholding documents in their rush to confirm Trump's pick for the court ahead of the midterm elections.
Kavanagh, 53, is a conservative who, in replacing retired Justice Anthony Kennedy, could tip the court rightward for a generation.
Several Democratic women senators joined with advocates for women's health care Tuesday to talk about the stakes of adding Kavanaugh to the court, particularly when it comes to access to abortion services. |
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Court: Dismissal of cop's Black Lives Matter lawsuit is just
Breaking Legal News |
2018/08/15 17:50
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several leaders of inciting violence that led to a deadly 2016 attack on law enforcement officers.
The Advocate reports a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans unanimously supported the lower court's ruling Wednesday. A judge found last year that the lawsuit failed to state a plausible claim for relief.
The suit doesn't name the officer but its description of the plaintiff matches East Baton Rouge Parish Sheriff's Deputy Nicholas Tullier, who was critically wounded by 29-year-old Gavin Long. Long killed three law enforcement officers and was later gunned down by authorities.
The attack occurred less than two weeks after a white Baton Rouge officer killed 37-year-old black man Alton Sterling during a struggle.
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Zimbabwe's opposition challenges election results in court
Breaking Legal News |
2018/08/13 16:51
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Zimbabwe's main opposition party on Friday filed a legal challenge to the results of the country's first election without Robert Mugabe on the ballot, alleging "gross mathematical errors" and calling for a fresh vote or a declaration that their candidate Nelson Chamisa was the winner.
The filing brings more uncertainty to a country that had hoped the peaceful vote would begin a new era but has been rocked since then by scenes of military in the streets and opposition supporters harassed and beaten.
The court now has 14 days to rule, and Justice Minister Ziyambi Ziyambi said the inauguration, once planned for Sunday for President Emmerson Mnangagwa, is "on hold' until then.
Zimbabwe's main opposition party on Friday filed a legal challenge to the results of the country's first election without Robert Mugabe on the ballot, alleging "gross mathematical errors" and calling for a fresh vote or a declaration that their candidate Nelson Chamisa was the winner.
The filing brings more uncertainty to a country that had hoped the peaceful vote would begin a new era but has been rocked since then by scenes of military in the streets and opposition supporters harassed and beaten.
The court now has 14 days to rule, and Justice Minister Ziyambi Ziyambi said the inauguration, once planned for Sunday for President Emmerson Mnangagwa, is "on hold' until then.
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Nevada Supreme Court taking up execution case
Breaking Legal News |
2018/08/11 11:51
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The Nevada Supreme Court has stepped in to decide whether drug companies can try to stop the state from using their medications in a twice-postponed lethal injection of a condemned inmate who wants to die.
A state court judge in Las Vegas cancelled hearings Thursday following an order late Wednesday from six of the high court's seven justices.
Supreme Court intervention had been sought by the state attorney general's office regarding the execution of Scott Raymond Dozier.
The judge had planned to hear drugmaker Sandoz's request to join a bid by Alvogen and Hikma Pharmaceuticals to prevent Nevada from using their products in a three-drug combination never before tried in any state.
A Nevada death-row inmate whose execution has been postponed twice says the legal fight over his fate is taking a tortuous toll on him and his family and he wants his sentence carried out.
Scott Raymond Dozier told The Associated Press that the state should, in his words, "just get it done, just do it effectively and stop fighting about it."
Dozier's comments in a brief prison telephone call on Wednesday came a day before a third drug company is due to ask a state court judge in Las Vegas to let it join with two other firms suing to block the use of their products in executions.
The companies say they publicly declared they didn't want their products used in executions and allege that Nevada improperly obtained their drugs. |
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Oklahoma lawsuit against opioid makers back in state court
Breaking Legal News |
2018/08/10 16:52
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A U.S. judge determined Friday that a lawsuit the state of Oklahoma filed against the makers of opioids does not "necessarily rise" to a federal issue.
The ruling by U.S. District Judge Vicki Miles-LaGrange in Oklahoma City sends the matter back to state court. Drugmakers had it moved to federal court in June.
Oklahoma, one of at least 13 states that have filed lawsuits against drugmakers, alleges fraudulent marketing of drugs that fueled the opioid epidemic in the lawsuit filed in June 2017. It is seeking unspecified damages from Purdue Pharma, Allergan, Janssen Pharmaceuticals, Teva Pharmaceuticals and several of their subsidiaries.
Opioid manufacturers had argued the state was asking them to make different safety and efficacy disclosures to the public than required by federal law and the U.S. Food and Drug Administration. The drug manufacturers listed as defendants said opioid abuse is a serious health issue, but they deny wrongdoing.
An attorney for the companies did not immediately return a phone call seeking comment.
The ruling came just minutes after Chickasaw Nation Gov. Bill Anoatubby and Choctaw Nation Chief Gary Batton joined Hunter and Michael Burrage, a private attorney representing the tribes and the state, in announcing that the tribes are joining the state in suing the opioid manufacturers in state courts for unspecified damages.
Hunter did not immediately return a phone call for comment, but Burrage said during the news conference that the effort to return to lawsuit to state court was to keep it from potentially being folded into more than 800 similar lawsuit pending in Ohio.
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Tennessee high court refuses to block looming execution
Breaking Legal News |
2018/08/07 16:52
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The Tennessee Supreme Court has refused to stay Thursday's scheduled execution of a convicted child killer while the state's new lethal injection protocol continues to be challenged on appeal.
The order brings Tennessee within days of killing Billy Ray Irick with a three-drug mixture, barring some last-minute change. Irick, 59, would be the first inmate Tennessee has executed since 2009. He was convicted of the 1985 rape and killing of a 7-year-old Knoxville girl.
Federal public defender Kelley Henry said she will request a stay with the U.S. Supreme Court. She had asked Gov. Bill Haslam to issue a temporary reprieve while the drugs are studied further. But the governor quickly ruled it out, saying he would not intervene.
"My role is not to be the 13th juror or the judge or to impose my personal views, but to carefully review the judicial process to make sure it was full and fair," Haslam said in a statement Monday. "Because of the extremely thorough judicial review of all of the evidence and arguments at every stage in this case, clemency is not appropriate."
The Tennessee Supreme Court's majority wrote that its rules require proving that the lawsuit challenging the lethal injection drugs is likely to succeed on appeal, but Irick's attorney has failed to do so.
In a ruling late last month, Davidson County Chancellor Ellen Hobbs Lyle wrote that attorneys for 33 death row inmates, including Irick, didn't prove that there is a substantially less painful means to carry out the execution or that the drugs the state plans to use would cause the inmate to be tortured to death.
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Filing period opens for West Virginia Supreme Court seat
Breaking Legal News |
2018/08/06 09:44
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The filing period has begun for a special election for the West Virginia Supreme Court.
The filing period for the unexpired seat of former Justice Menis Ketchum started Monday and runs through Aug. 21. The special election will be held concurrently with the Nov. 6 general election.
Candidates must be at least 30 years old, residents of West Virginia for at least five years and admitted to practice law for at least 10 years.
Ketchum announced his retirement last month. He had two years remaining in his term.
Last week prosecutors said Ketchum has agreed to plead guilty in federal court to one count of wire fraud stemming from the personal use of state-owned vehicles and fuel cards. He faces a plea hearing and up to 20 years in prison.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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