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Outgoing Indiana Senate president gets major law firm job
Legal News | 2018/06/17 10:51
The outgoing Republican leader of the Indiana Senate is taking a new job at a high-power law firm.

Senate President Pro Tem David Long of Fort Wayne joined Ice Miller as a partner on Friday. He is joining the firm's public affairs wing.

The firm says he will focus on growing Ice Miller's presence beyond its anchor offices in Indiana, Ohio, Illinois and Washington D.C.

Long announced in February that he was stepping down. The Senate has tentatively selected Sen. Rodric Bray of Martinsville as his replacement.

Long has been the Senate's leader since 2006 and was first elected to the chamber 22 years ago.

Republicans hold a 41-9 majority in the Senate and those GOP members will formally pick the next leader this fall.



Detroit-area couple in court over control of frozen embryos
Legal News | 2018/06/04 16:45
A Detroit-area woman seeking custody of as many as 10 frozen embryos is asking a judge to appoint a guardian over them while she clashes with her former partner for control.

Gloria Karungi and Ronaldlee Ejalu have a daughter who has sickle cell disease. Karungi believes if she can bear another child with one of the embryos, bone marrow cells from that sibling could potentially cure the girl's blood illness.

But Ejalu must give his consent, according to a contract with an in vitro fertilization clinic, and he's not interested. Karungi and Ejalu never married and are no longer together.

Oakland County Judge Lisa Langton last year said she didn't have the authority to wade into the embryo dispute; she was simply determining financial support and parenting time for the couple's daughter. But the Michigan appeals court sent the case back to Langton for more work, including an evidentiary hearing if necessary.

Karungi "wants to cure her daughter and is seeking the embryos to that end. ... Without the embryos coming to term, that child has no ability to be cured," the woman's attorney, Dan Marsh, said in a court filing.

Ejalu's lawyer, Dan Weberman, said he'll argue again that a Family Division judge has no role in what's basically a contract quarrel. He also said it's misleading for Karungi to claim that cells from a sibling are the only cure for the 7-year-old girl.

"They want to paint a picture like she's on her death bed," Weberman told The Associated Press. "She's in school. She's a happy girl. She gets treatment once a month."

Ejalu no longer believes that using frozen embryos is a good idea.

"He doesn't feel ethically that a life should be created for human tissue harvesting. That's somewhat mind-boggling," Weberman said.

Under orders from the appeals court, Langton on June 20 again will hear arguments on whether she has jurisdiction over contested property held by unmarried parties. But in the meantime, the judge has scheduled a hearing for Wednesday on Karungi's request to have a lawyer appointed as guardian over the embryos.


Supreme Court allows Arkansas to enforce abortion restrictions
Legal News | 2018/05/08 16:46
The Supreme Court is allowing Arkansas to put into effect restrictions on how abortion pills are administered. Critics of a challenged state law say it could effectively end medication abortions in the state.

The justices did not comment Tuesday in rejecting an appeal from the Planned Parenthood affiliate in Arkansas that asked the court to review an appeals court ruling and reinstate a lower court order that had blocked the law from taking effect. The law says doctors who provide abortion pills must hold a contract with another physician who has admitting privileges at a hospital and who would agree to handle complications.

The law is similar to a provision in Texas law that the Supreme Court struck down in 2016. The U.S. 8th Circuit Court of Appeals reversed the court order barring enforcement of the law, but put its ruling on hold while Planned Parenthood appealed to the Supreme Court.

The legal fight over the law is not over, but the state is now free to enforce it, at least for the time being. Planned Parenthood has said that if the law stands, Arkansas would be the only state where women would not have access to a pair of drugs that end pregnancies: mifepristone, which makes it difficult for a fetus to attach to the uterine wall, and misoprostol, which causes the body to expel it, similar to a miscarriage.

The organization offers pills to end pregnancies at clinics in Fayetteville and Little Rock but says it cannot find any Arkansas obstetrician willing to handle hospital admissions. Preventing women from obtaining medication abortions would create an undue burden on their right to an abortion, Planned Parenthood says. Undue burden is the standard set by the Supreme Court to measure whether restrictions go too far in limiting women who want an abortion.


Brazil's top court: Lula can be jailed for upheld conviction
Legal News | 2018/04/01 23:14
A sharply divided top court voted early Thursday to reject an attempt by former Brazilian President Luiz Inacio da Silva to stay out of jail while he appeals a corruption conviction, delivering a hard blow to the front-running candidate in this year's presidential election in Latin America's largest nation.

After nearly 11 hours of often heated debate, the Supreme Federal Tribunal voted 6-5 to deny da Silva's request to stave off a 12-year prison sentence while he fights a conviction that he has always argued was nothing more than a ploy to keep him off of the October ballot.

Despite the conviction and several other corruption charges against him, da Silva leads all preference polls for the election.

The decision means that da Silva will likely be jailed soon, though probably not until at least next week thanks to various technicalities.

Chief Justice Carmen Lucia, who was sharply criticized during the session by various colleagues, cast the deciding vote after the court was tied at 5 to 5.

"The constitution secures individual rights, which are fundamental to democracy, but it also assures the exercise of criminal law," she said.

The debate at the Supreme Federal Tribunal underscored how fraught the matter is at a time of high tension and angst in Brazil.

Justice Gilmar Mendes, traditionally a critic of da Silva, voted in favor of da Silva's petition to stay out of jail, challenging his colleagues to buck pressure from society.

"If a court bows (to pressure), it might as well not exist," said Mendes.

Justice Luis Roberto Barroso argued that the integrity of the justice system was at stake.

"A penal system that doesn't work with minimal effectiveness leads to an instinct for taking justice into one's own hands," Barroso said in voting against da Silva.


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