|
|
|
Court expert says federal opioid lawsuit should move forward
Law Firm News |
2018/10/08 11:09
|
A court-appointed expert in a case with national implications for addressing the opioid epidemic is recommending that a pivotal lawsuit move forward.
Drug makers, distributors and pharmacies had argued that a lawsuit filed by Summit County, Ohio, should be dismissed. The case is among more than 1,000 cases filed by local and state governments against the industry in federal courts.
They have been consolidated under U.S. District Judge Dan Polster in Cleveland. He is pushing the companies and governments to reach a settlement, but also has scheduled trials for the case from Summit County and some other places for next year.
They would serve as test cases for rulings in other lawsuits. Polster has given the parties two weeks to object to a special master's report issued Friday. |
|
|
|
|
|
|
Court: Doctor in Spain abducted newborn 49 years ago
Legal News Feed |
2018/10/08 11:08
|
A Spanish court ruled Monday that a doctor stole a newborn child nearly five decades ago, one of the many abducted during Spain's 20th-century dictatorship, but cleared him because the statute of limitations had expired.
The Madrid court said 85-year-old gynecologist Eduardo Vela could not be punished because one of those who were stolen, plaintiff Ines Madrigal, did not make her complaint until 2012, more than a decade after the gravest crime had taken place.
The court did find, however, that Vela was responsible for abducting Madrigal in 1969, faking her birth by her adoptive parents and forging official documents.
Monday's verdict is Spain's first in relation to the wide-scale child trafficking that took place from the onset of the country's Civil War in 1936 to the death of dictator Gen. Francisco Franco in 1975.
The right-wing regime waged a campaign to take away the children of poor families, prisoners or political enemies, sometimes stripping women of their newborns by lying and saying they had died during labor. The children were then given to pro-Franco families or the church, who educated the children on the regime's ideology and on Roman Catholicism.
Vela, the director of a Madrid clinic considered to be at the epicenter of the scandal, denied the accusations during this year's trial.
|
|
|
|
|
|
|
US urges UN court to toss out Iranian case on frozen assets
Law Firm Press |
2018/10/06 11:08
|
The U.S. on Monday urged the United Nations' highest court to toss out a case filed by Iran that seeks to recover around $2 billion worth of frozen assets the U.S. Supreme Court awarded to victims of a 1983 bombing in Lebanon and other attacks linked to Iran.
The case at the International Court of Justice is based on a bilateral treaty that the Trump administration terminated last week. Despite that, the United States sent a large legal delegation to the court's headquarters in The Hague to present their objections to the case, which Tehran filed in 2016.
U.S. State Department lawyer Richard Visek told the 15-judge panel that U.S. objections to the court's jurisdiction and admissibility "provide a clear basis for ruling that this case should not proceed to the merits."
Visek said the case is based on "malicious conduct" by Iran, a country Washington has long classified as a state sponsor of terrorism around the world. Iran denies that charge.
"At the outset we should be clear as to what this case is about," Visek said. "The actions at the root of this case center on Iran's support for international terrorism and its complaints about the U.S. legal framework that allows victims of that terrorism to hold Iran accountable to judicial proceedings and receive compensation for their tragic losses."
The attack at the heart of the case was a suicide truck bombing of a U.S. marine barracks in Beirut in October 1983 that killed 241 military personnel and wounded many more. A U.S. court ruled that the attack was carried out by an Iranian agent supported by the Hezbollah militant group.
In 2016, the U.S. Supreme Court ordered some $2 billion in assets of Iran's state bank that had been frozen in the United States to be paid as compensation to relatives of victims of attacks including the Beirut bombing.
"Iran's effort to secure relief from the court in this case - to in effect deny terrorism victims justice - is wholly unfounded and its application should be rejected in its entirety as inadmissible," Visek told judges, saying that the dispute did not fall into the 1955 Treaty of Amity cited by Tehran as the basis for the court's jurisdiction.
|
|
|
|
|
|
|
Supreme Court could limit execution of people with dementia
Legal News Feed |
2018/10/05 16:24
|
The Supreme Court appeared willing Tuesday to extend protection from capital punishment to people with dementia who can't recall their crime or understand the circumstances of their execution.
The eight justices heard arguments in the case of Alabama death row inmate Vernon Madison, who killed a police officer in 1985 but has suffered strokes that his lawyers say have left him with severe dementia.
The high court has previously said the constitutional ban on cruel and unusual punishment means that people who are insane, delusional or psychotic cannot be executed.
A ruling for Madison probably would mean a new hearing in state court over whether his condition renders him ineligible for execution.
Chief Justice John Roberts and the court's four liberal justices seemed most willing to rule for Madison. The other three justices, Samuel Alito, Neil Gorsuch and Clarence Thomas, are unlikely to side with Madison because they voted to allow his execution to proceed when their colleagues blocked it in January, setting up the current case.
In a reflection of the changed dynamics on the court, Roberts' vote would appear to be decisive since a 4-4 split would leave in place a state court ruling against Madison and allow Alabama to try again to execute him. The high court is down one justice, following Anthony Kennedy's retirement in July and a delay in a vote to confirm Brett Kavanaugh so that the FBI can investigate allegations against him of sexual misconduct.
Kennedy had been the conservative justice most likely to vote with the liberals on death penalty cases. The court agreed to hear the appeal while Kennedy was on the bench. He had been a key voice in limiting capital punishment, having voted to bar the execution of people under 18, the intellectually disabled and those who lack a rational understanding of why they are to be put to death.
|
|
|
|
|
|
Legal Marketing News RSS
