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Dems force 1-week delay on panel vote on Supreme Court pick
Attorney News |
2017/03/25 11:19
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Senate Democrats on Monday forced a one-week delay in a committee vote on President Donald Trump's Supreme Court nominee, who remains on track for confirmation with solid Republican backing.
Sen. Chuck Grassley, R-Iowa, chairman of the Judiciary Committee, announced that, as expected, Democrats have requested a postponement. The committee vote on Judge Neil Gorsuch now will be held April 3.
As the committee readies to vote, three additional Democrats said they are likely to vote against the Denver-based appeals court judge. Florida Sen. Bill Nelson and Hawaii Sen. Mazie Hirono said they will vote against Gorsuch, and Vermont Sen. Patrick Leahy tweeted that he still was undecided but inclined to oppose him. Leahy is a senior member of the Judiciary panel and a former chairman.
That means at least 17 Democrats and independents, led by Minority Leader Chuck Schumer of New York, have announced their opposition to the Denver-based appeals court judge, arguing that Gorsuch has ruled too often against workers and in favor of corporations.
The Democrats who have announced their opposition have also said they will try to block the nominee, meaning Senate Majority Leader Mitch McConnell, R-Ky., will have to hold a procedural vote requiring 60 votes to move forward. The Senate GOP has a 52-48 majority, meaning McConnell will need support from at least eight Democrats or independents.
It was unclear whether he would be able to get the 60 votes. If he doesn't, McConnell seems ready to change Senate rules and confirm him with a simple majority.
Republicans had hoped that they'd see some support from the 10 Democrats running for re-election in states won by Trump in the presidential election, but four of those senators — Nelson, Pennsylvania Sen. Bob Casey, Ohio Sen. Sherrod Brown and Wisconsin Sen. Tammy Baldwin — have already said they will oppose the nominee.
Leahy, however, signaled that he may be willing to break from Schumer and vote with Republicans on the procedural vote, while also signaling in a separate tweet he'd vote against Gorsuch in the final, up or down vote.
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Court bars release of videos made by anti-abortion group
Attorney News |
2017/03/20 11:20
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A federal appeals court on Wednesday barred the release of videos made by an anti-abortion group whose leaders are facing felony charges in California accusing them of recording people without permission in violation of state law.
The 9th U.S. Circuit Court of Appeals upheld a lower court ruling blocking the recordings made by the Center for Medical Progress at meetings of the National Abortion Federation, an association of abortion providers.
The Center for Medical Progress previously released several secretly recorded videos that it says show Planned Parenthood employees selling fetal tissue for profit, which is illegal. Planned Parenthood said the videos were deceptively edited to support false claims.
The videos stoked the American abortion debate when they were released in 2015 and increased Congressional heat against Planned Parenthood that has yet to subside.
It's not clear what's on the bulk of the recordings the group made at National Abortion Federation meetings.
A leader of the Center for Medical Progress, David Daleiden, said in a statement that the 9th Circuit was preventing the release of footage of Planned Parenthood leadership discussing criminal conduct at the meetings and its ruling was an attack on the First Amendment.
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NC governor, legislature head to court in power showdown
Attorney News |
2017/03/03 08:38
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North Carolina's new Democratic governor and majority Republican legislature are charging at each other in a constitutional game of chicken over their powers, a confrontation that could shape the recent conservative direction of state policies and spending.
The confrontation continues Tuesday, when the two branches of state government appear for a court hearing before the third. A panel of three trial judges will gather in Raleigh to hear lawyers for Gov. Roy Cooper dispute attorneys for the state House and Senate leaders over whether new laws are constitutional.
"This is a fight that involves really the three branches of government. It's one of a series of possible contests that we can see as the governor serves his term in office about who is going to make what decisions," High Point University political scientist Martin Kifer said. "It also has to do with the pace of policymaking. This isn't speeding things up."
GOP lawmakers passed several provisions that reduced the incoming governor's powers during a surprise special legislative session two weeks before Cooper took office Jan. 1. The laws:
— require Cooper's choices to run 10 state agencies to be approved by the GOP-led Senate.
— strip Cooper's control over administering elections and gives Republicans control over state and local elections boards during even-numbered years when elections for major statewide and national office are held.
— slash Cooper's patronage hiring discretion and gives civil service protections to hundreds of political appointees hired by former Republican Gov. Pat McCrory, who narrowly lost to Cooper last fall.
Cooper might not like the increasing number of limits Republicans impose, but he'd better get used to it, attorneys for legislative leaders said in a court filing. The state's constitution and legal precedents have created one of the country's weakest governors, and makes the General Assembly the dominant branch, attorneys for state House Speaker Tim Moore and Senate leader Phil Berger wrote.
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High court ruling limits international reach of patent laws
Attorney News |
2017/02/24 00:38
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The Supreme Court on Wednesday sided with California-based Life Technologies Corp. in a patent infringement case that limits the international reach of U.S. patent laws.
The justices ruled unanimously that the company's shipment of a single part of a patented invention for assembly in another country did not violate patent laws.
Life Technologies supplied an enzyme used in DNA analysis kits to a plant in London and combined it with several other components to make kits sold worldwide. Wisconsin-based Promega Corp. sued, arguing that the kits infringed a U.S. patent.
A jury awarded $52 million in damages to Promega. A federal judge set aside the verdict and said the law did not cover export of a single component.
The federal appeals specializing in patent cases reversed and reinstated the verdict.
Patent laws are designed to prevent U.S. companies from mostly copying a competitor's invention and simply completing the final phase overseas to skirt the law. A violation occurs when "all or a substantial portion of the components of a patent invention" are supplied from the United States to a foreign location.
Writing for the high court, Justice Sonia Sotomayor said the law addresses only the quantity of components, not the quality. That means the law "does not cover the supply of a single component of a multicomponent invention," Sotomayor said.
Only seven justices took part in the ruling. Chief Justice John Roberts heard arguments in the case, but later withdrew after discovering he owned shares in the parent company of Life Technologies.
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Court: Florida Docs Allowed to Ask Patients About Guns
Attorney News |
2017/02/22 00:37
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A federal appeals court has cleared the way for Florida doctors to talk with patients about whether they own guns.
The 11th U.S. Circuit Court of Appeals ruled Thursday that key provisions of a 2011 law that restricted such speech violate the First Amendment.
Three-judge panels of the same court had issued conflicting rulings in a long-running challenge to the law brought by 11,000 medical providers and others. The case has become known as Docs vs. Glocks.
Backed by Gov. Rick Scott, the law prohibited doctors from asking patients about gun ownership unless it was medically necessary. Doctors say asking about guns is a safety issue and could save lives.
While ruling that much of the law violates free-speech rights, the court said some parts could remain in place. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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