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Court considers whistleblower free speech rights
Headline Legal News |
2014/04/30 18:19
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When Edward Lane testified about corruption at a community college program he headed in Alabama, he was fired.
The Supreme Court on Monday considered whether the First Amendment protects Lane and millions of other public employees from job retaliation when they offer testimony about government misconduct in court.
The high court has previously ruled that the constitutional right to free speech protects public workers only when they speak out as citizens, not when they act in their official roles.
Most justices appeared to side with Lane's view that court testimony revealing official misconduct should be constitutionally protected even if it covers facts a government employee learned at work.
But the justices struggled over whether that protection should automatically cover all public workers, even police officials or criminal investigators whose job duties require them to testify in court about specific cases. |
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Court revives lawsuit vs. state Medicaid expansion
Legal Topics |
2014/04/25 17:56
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The Arizona Court of Appeals on Tuesday revived a lawsuit challenging Gov. Jan Brewer's expansion of the state's Medicaid insurance plan for the poor, ruling that Republican lawmakers have the right to sue over their contention that a hospital assessment that funds the expansion is a tax requiring a two-thirds vote of the Legislature.
Republicans in the House and Senate sued last year, saying only a simple majority last June passed the expansion bill that included the assessment. A Maricopa County judge in February dismissed the case, saying lawmakers were suing over a lost political battle because the Legislature itself decides whether a supermajority vote is needed.
But the appeals court rejected that decision and sent the case back to Judge Katherine Cooper for more action. In an 11-page ruling, the unanimous three-judge panel said the 36 Republican lawmakers who sued could have defeated House Bill 2010 if the supermajority vote was required, so it was proper for Cooper to decide if the Arizona Constitution required that vote.
The ruling was a major loss for Brewer, who pushed the Medicaid bill through the Legislature by cobbling together a coalition of minority Democrats and 14 Republicans.
She is one of only a handful of Republican governors who embraced Medicaid expansion, a key part of President Barack Obama's health care law. In all, 25 states plus Washington, D.C., are moving ahead with the expansion, while 19 states have turned it down. An additional six states are weighing options. |
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Law Office of Rita O. White - Canton Criminal & DUI Lawyers
Court Watch |
2014/04/25 17:55
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If you're facing a legal issue and seek guidance, the Law Office of Rita O. White is here to help. Tackling any legal matter without a trained professional can negatively impact the outcome of your legal situation. Our Plymouth Canton Criminal lawyers understand the stress that comes with looming legal issues which is why we work tirelessly to support our clients no matter the situation.
We believe in giving clients our full attention and treating them with care and respect. When you work with us, you'll get the benefit of:
Caring and knowledeable lawyers
Convenient office hours
Reasonable attorney fees
Don't risk anything! Our dedicated team of lawyers are always available to offer guidance and support. To set up an appointment today or learn more about our Plymouth Canton Criminal law practice contact us at the Law Office of Rita O. White today. |
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Court declines to block drug ruling in patent case
Legal Topics |
2014/04/21 21:50
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Supreme Court Chief Justice John Roberts on Friday declined to temporarily block a lower court ruling that opens the world's best-selling multiple sclerosis drug to competition from generic rivals next month.
The decision is a victory for rivals challenging the patents of Israel-based Teva Pharmaceutical Industries Ltd., maker of the drug Copaxone.
Teva claims the U.S. Court of Appeals for the Federal Circuit wrongly overturned five of its patents for the drug. That ruling allows rivals Mylan Inc., Momenta Pharmaceuticals Inc. and Sandoz, Inc., to start selling cheaper generic versions in May instead of September 2015.
The Supreme Court has agreed to consider the case, but arguments won't take place until its new term begins in October and it could be next year before a decision is reached. Teva said it would suffer irreparable harm if the appeals court decision was not postponed. Copaxone brought the company $3.2 billion in U.S. sales last year.
In a one-page ruling, Roberts said he was not convinced Teva would suffer such harm. If Teva ultimately prevails in the case, Roberts said, the company would be able to recover damages from the generic rivals for past patent infringement. He acknowledged that Teva has "a fair prospect" of ultimately winning the case at the high court.
Roberts oversees emergency appeals from the U.S. Court of Appeals for the Federal Circuit, which hears appeals in patent cases. |
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High court to hear dispute about TV over Internet
Headline Legal News |
2014/04/21 21:49
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Thirty years ago, big media companies failed to convince the Supreme Court of the threat posed by home video recordings.
Now they're back — and trying to rein in a different innovation that they say threatens their financial well-being.
The battle has moved out of viewers' living rooms, where people once marveled at their ability to pop a cassette into a recorder and capture their favorite programs or the sporting event they wouldn't be home to see.
The new legal fight shifts to the Supreme Court Tuesday with arguments against a startup business using Internet-based technology to give subscribers the ability to watch programs anywhere they can take portable devices.
Aereo takes free television signals from the airwaves and sends them over the Internet to paying subscribers in 11 cities. |
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Court rules for environmentalists in water fight
Headline Legal News |
2014/04/17 21:53
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An appeals court said Wednesday that federal officials should have consulted wildlife agencies about potential harm to a tiny, threatened fish before issuing contracts for water from the Sacramento-San Joaquin Delta.
An 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled that the U.S. Bureau of Reclamation violated the Endangered Species Act when it failed to consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service in renewing 41 contracts a decade ago. The appeals court sent the case back to a trial judge for further proceedings.
The ruling arises from one of several lawsuits filed by the Natural Resources Defense Council and other environmentalists seeking to protect the Delta smelt. The ruling won't affect water flows because protections for the smelt were kept in place during the lawsuit.
"This about how we are going to manage the water in the future," said Douglas Obegi, a lawyer with the Natural Resources Defense Council.
Water-rights holders and government lawyers argued that consultation wasn't necessary because the U.S. Bureau of Reclamation was required to renew the contracts and had no discretion over terms of the agreement that would control water levels in the Delta. |
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GM to ask bankruptcy court for lawsuit protection
Legal Topics |
2014/04/17 21:42
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General Motors revealed in court filings late Tuesday that it will soon ask a federal bankruptcy judge to shield the company from legal claims for conduct that occurred before its 2009 bankruptcy.
The automaker's strategy is in a motion filed in a Corpus Christi, Texas, federal court case, and in other cases across the nation that involve the defective ignition switches that have led GM to recall 2.6 million small cars.
The motion asks U.S. District Judge Nelva Gonzales Ramos to delay action on the lawsuit until the bankruptcy court rules and other federal courts decide if the case should be combined with other lawsuits. But GM says it's not asking to halt action on a motion to force GM to tell customers not to drive their cars that are being recalled.
GM has said at least 13 deaths have been linked to the switch problem. The switch can unexpectedly slip out of the "run" position, shutting down the engine, knocking out power-assisted steering and power brakes, and disabling the air bags. GM admits knowing about the problem for at least a decade, but it didn't start recalling the cars, including Chevrolet Cobalts and Saturn Ions, until February.
The company's motion says GM will ask the bankruptcy court in New York to enforce an order made during the 2009 bankruptcy case that split GM into a new company and an old company. Claims from before the bankruptcy would go to "Old GM," called Motors Liquidation Co., while claims after the bankruptcy would go to the new General Motors Co. |
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