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Ala court upholds generic drug decision
Court News |
2014/08/18 14:50
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The Alabama Supreme Court is standing by a decision that business sees as a defeat.
The court on Friday issued an opinion that mostly parallels its ruling last year in a generic drug case.
A divided court says the original decision isn't as broad as some are claiming. But a majority stuck by a 2013 decision saying a brand-name drugmaker can be held responsible by someone who took a generic medication made by a different company.
The Business Council of Alabama says it's disappointed. So is Wyeth, the drug manufacturer sued by Danny and Vicki Weeks over the man's use of a generic form of the brand-name medicine Reglan.
The Weeks filed suit in federal court, and a judge asked the Supreme Court to clarify state law. |
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Court: Silence can be used against suspects
Court News |
2014/08/18 14:50
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The California Supreme Court has ruled that the silence of suspects can be used against them.
Wading into a legally tangled vehicular manslaughter case, a sharply divided high court on Thursday effectively reinstated the felony conviction of a man accused in a 2007 San Francisco Bay Area crash that left an 8-year-old girl dead and her sister and mother injured.
Richard Tom was sentenced to seven years in prison for manslaughter after authorities said he was speeding and slammed into another vehicle at a Redwood City intersection.
Prosecutors repeatedly told jurors during the trial that Tom's failure to ask about the victims immediately after the crash but before police read him his so-called Miranda rights showed his guilt.
Legal analysts said the ruling could affect future cases, allowing prosecutors to exploit a suspect's refusal to talk before invoking 5th Amendment rights against self-incrimination. |
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Egypt court dissolves Muslim Brotherhood party
Court News |
2014/08/13 14:47
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Egypt's highest administrative court dissolved Saturday the political party of the banned Muslim Brotherhood and ordered its assets liquidated, in the latest move against the 86-year old Islamist group.
The decision against the Freedom and Justice Party comes ahead of parliamentary elections expected this year and prevents the group from trying to rejoin politics a year after leading member, President Mohammed Morsi, was overthrown by the military.
The party was founded in 2011 by the Brotherhood, Egypt's historic Islamist movement created in 1928, after President Hosni Mubarak was deposed in a popular uprising and it went on to dominate subsequent legislative elections.
The Middle East News Agency said the decision by the Supreme Administrative Court is final and can't be appealed.
In a statement, the Freedom and Justice Party said the dissolution won't succeed in uprooting the group's ideals.
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Court: Caregivers can't sue Alzheimer's patients
Court News |
2014/08/05 16:00
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People with Alzheimer's disease are not liable for injuries they may cause their paid in-home caregivers, California's highest court ruled Monday in a case involving a home health aide who was hurt while trying to restrain a client.
The California Supreme Court ruled 5-2 that people hired to work with Alzheimer's patients should know the disease commonly causes physical aggression and agitation in its later stages. The court majority concluded it would therefore be inappropriate to allow caregivers who get hurt managing a combative client to sue their employers.
"It is a settled principle that those hired to manage a hazardous condition may not sue their clients for injuries caused by the very risks they were retained to confront," Justice Carole Corrigan wrote for the majority.
The law in California and many other states already establishes that caregivers in institutional settings such as hospitals and nursing homes may not seek damages from Alzheimer's patients who injure them. To have a different standard for caregivers working in private homes would give families a financial incentive to put relatives with Alzheimer's into nursing homes, Corrigan said. |
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