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California appeals court rejects right-to-die lawsuit
Headline Legal News |
2015/10/31 08:18
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A California appeals court on Thursday rejected a lawsuit by three terminally ill patients that sought to clear the way for doctors to prescribe fatal medication to them and others like them who want the option of taking their lives.
A state law that makes helping someone commit suicide a crime clearly applies to physicians who provide patients lethal drugs, a division of the Fourth District Court of Appeal ruled.
"We believe prescribing a lethal dose of drugs to a terminally ill patient with the knowledge the patient may use it to end his or her life goes beyond the mere giving of advice and encouragement and falls under the category of direct aiding and abetting," Associate Justice Alex McDonald wrote.
The ruling affirmed a lower court decision that dismissed the lawsuit. The lawsuit was brought against the state by Christy O'Donnell and two other terminally ill California residents.
O'Donnell suffers from Stage IV cancer of the left lung and was given less than six months to live in May when the lawsuit was filed.
California has since approved right-to-die legislation, though it will not likely go into effect in time to benefit the three patients, the appeals court acknowledged.
John Kappos, an attorney for the patients, said they are considering all options, including an appeal to the California Supreme Court.
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Court reinstates lawsuit over NYPD surveillance of Muslims
Headline Legal News |
2015/10/13 23:17
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A federal appeals court has reinstated a lawsuit challenging the New York Police Department's surveillance of Muslim groups following the Sept. 11, 2001, terrorist attacks.
Tuesday's 3rd Circuit Court of Appeals ruling reverses the decision of a New Jersey federal judge who dismissed the case last year.
The appellate panel found the Muslim plaintiffs had raised sufficient allegations of equal-protection violations to warrant the case going forward.
The judges compared the NYPD's alleged practices to blanket scrutiny of Japanese-Americans during World War II and blacks during the civil rights movement
The city blamed The Associated Press, whose reporting exposed the surveillance program, for any harm to the plaintiffs.
The lower court judge agreed with that argument, but the appeals panel said the city was the cause of any harm.
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Court suspends Pennsylvania attorney general's law license
Headline Legal News |
2015/09/21 23:00
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Pennsylvania's highest court on Monday ordered the temporary suspension of state Attorney General Kathleen Kane's law license, a step that could trigger efforts to remove her from office as she fights perjury, obstruction and other charges.
The unanimous order by the state Supreme Court's five justices also could prompt a legal challenge from the first-term Democrat.
The one-page decision by the justices — three Republicans and two Democrats — dealt with a petition by state ethics enforcement lawyers who accused Kane of admitting that she had authorized the release of information that allegedly should have been kept secret. That allegation is also central to the criminal case against her.
In the meantime, it creates the unprecedented situation of leaving the state's top law enforcement official in charge of a 750-employee office and a $93 million budget but without the ability to act as a lawyer.
The state constitution requires the attorney general to be a licensed lawyer. But the court said in the order that its action should not be construed as removing her from office, raising the thorny question of how her office will decide which duties she can or cannot do.
Kane and her lawyers did not say Monday whether she would appeal or challenge the order, which was issued through an emergency process usually reserved for lawyers who are brazenly stealing from clients or behaving erratically in court.
In statements issued through her office, Kane, 49, said she was disappointed in the court's action and would not resign. She maintained her innocence and vowed to continue to fight to clear her name.
Then, Kane called attention to a pornographic email scandal uncovered by her office that involved numerous current and former officials there and claimed the job last year of a state Supreme Court justice.
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Religious clerks in Kentucky follow law, but see conflict
Headline Legal News |
2015/09/17 15:31
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Clerk Mike Johnston prays twice a day, once each morning and once each night, and asks the Lord to understand the decision he made to license same-sex marriage.
“It’s still on my heart,” said Johnston, whose rural Carter County sits just to the east of Rowan County, where clerk Kim Davis sparked a national furor by refusing to issue marriage licenses to gay couples, a decision that landed her in jail.
Johnston is one of Kentucky’s 119 other clerks, many of them deeply religious, who watched the Kim Davis saga unfold on national television while trying to reconcile their own faith and their oath of office. Sixteen of them sent pleading letters to the governor noting their own religious objections. But when forced to make a decision, only two have taken a stand as dramatic as Davis and refused to issue licenses.
And others say they find the controversy now swirling around their job title humiliating.
“I wish (Davis) would just quit, because she’s embarrassing everybody,” said Fayette County Clerk Don Blevins, whose office serves the state’s second-largest city, Lexington.
After the U.S. Supreme Court legalized gay marriage in June, Kentucky Gov. Steve Beshear ordered clerks across the state to issue licenses, launching them along markedly different paths. The clerk in Louisville, Bobbie Holsclaw, issued licenses that very day and the mayor greeted happy couples with bottles of champagne.
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German court rules against Lufthansa pilot strike
Headline Legal News |
2015/09/09 23:03
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A German court issued an injunction Wednesday ordering a halt to a strike by pilots at Lufthansa, Germany’s biggest airline, that caused the cancelation of 1,000 flights.
Lufthansa welcomed the ruling by the state labor court in Frankfurt but said that a special, reduced timetable it had drawn up for the day would remain in place. It said that largely normal services would be resumed on Thursday.
The pilots’ union, Vereinigung Cockpit, has been calling regular short-term strikes in the long-running labor dispute, which comes as Lufthansa restructures to meet increasing competition from Gulf airlines. The pilots want the airline to keep making transition payments for those seeking early retirement.
The court found that the union’s aims went beyond that demand, to exerting more influence on Lufthansa’s new low-cost operation, making the strike illegal, news agency dpa reported.
Vereinigung Cockpit began its strike on long-haul flights Tuesday, forcing the cancellation of 90 flights, and extended the walk-out to medium-and short-haul flights Wednesday.
Union spokesman Markus Wahl told n-tv television after the ruling that it had told pilots to be available for work immediately. Wednesday’s ruling overturned one by a lower court on Tuesday that went in the union’s favor.
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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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