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Court to rule on Newtown shooting lawsuit against gun maker
Legal Interview |
2019/03/16 16:24
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The Connecticut Supreme Court is scheduled to rule on whether gun maker Remington can be sued for making the Bushmaster rifle used to kill 20 children and six educators at Sandy Hook Elementary School in 2012.
Justices are split on the question as the court is scheduled to release majority and dissenting opinions Thursday.
The plaintiffs include a survivor and relatives of nine people killed in the massacre. They argue the AR-15-style rifle used by shooter Adam Lanza was designed as a military killing machine and is too dangerous for the public, but Remington glorified the weapon in marketing it to young people.
A lower court judge dismissed the lawsuit in 2016, agreeing with Remington that federal law shields gun makers from liability when their products are used in crimes. |
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Governor says 'no executions' without court-backed drugs
Legal Interview |
2019/03/07 10:58
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Recent statements and actions by Gov. Mike DeWine suggest Ohio could go years without executing another death row inmate.
Last month, the Republican governor ordered the prison system to come up with a new lethal drug protocol after a federal judge's scathing critique of the first drug in Ohio's method.
Last week, DeWine said Ohio "certainly could have no executions" during that search and the court challenges that would follow adopting a new system.
After Ohio started looking for new drugs in 2014, it took the state more than three years to establish its current three-drug lethal injection protocol. Since then, it has become even more difficult for states to find drugs, meaning a new search could easily last as long.
The first drug in Ohio's new system, the sedative midazolam, has been subject to lawsuits that argue it exposes inmates to the possibility of severe pain because it doesn't render them deeply enough unconscious.
Because of Ohio's use of midazolam, federal Judge Michael Merz called the constitutionality of the state's system into question in a Jan. 14 ruling and said inmates could suffer an experience similar to waterboarding.
But because attorneys for death row inmate Keith Henness didn't prove a viable alternative exists, Merz declined to stop the execution. But DeWine did, postponing Henness' execution from Feb. 13 until Sept. 12, although that would be contingent on the state having a new, court-approved lethal injection system in place, which is unlikely in that time frame.
Ohio is also scheduled to execute Cleveland Jackson on May 29, a timeline Merz questioned last week, given the governor's order. |
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Court: Constitutional ban on high fines applies to states
Legal Interview |
2019/02/17 01:40
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The Supreme Court ruled unanimously Wednesday that the Constitution's ban on excessive fines applies to the states, an outcome that could help efforts to rein in police seizure of property from criminal suspects.
Justice Ruth Bader Ginsburg wrote the court's opinion in favor of Tyson Timbs, of Marion, Indiana. Police seized Timbs' $40,000 Land Rover when they arrested him for selling about $400 worth of heroin.
Reading a summary of her opinion in the courtroom, Ginsburg noted that governments employ fines "out of accord with the penal goals of retribution and deterrence" because fines are a source of revenue. The 85-year-old justice missed arguments last month following lung cancer surgery, but returned to the bench on Tuesday.
Timbs pleaded guilty, but faced no prison time. The biggest loss was the Land Rover he bought with some of the life insurance money he received after his father died.
Timbs still has to win one more round in court before he gets his vehicle back, but that seems to be a formality. A judge ruled that taking the car was disproportionate to the severity of the crime, which carries a maximum fine of $10,000. But Indiana's top court said the justices had never ruled that the Eighth Amendment's ban on excessive fines — like much of the rest of the Bill of Rights — applies to states as well as the federal government.
The case drew interest from liberal groups concerned about police abuses and conservative organizations opposed to excessive regulation. Timbs was represented by the libertarian public interest law firm Institute for Justice.
"The decision is an important first step for curtailing the potential for abuse that we see in civil forfeiture nationwide," said Sam Gedge, a lawyer with the Institute for Justice.
Law enforcement authorities have dramatically increased their use of civil forfeiture in recent decades. When law enforcement seizes the property of people accused of crimes, the proceeds from its sale often go directly to the agency that took it, the law firm said in written arguments in support of Timbs. |
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Ginsburg makes 1st public appearance since cancer surgery
Legal Interview |
2019/02/02 10:13
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Supreme Court Justice Ruth Bader Ginsburg is making her first public appearance since undergoing lung cancer surgery in December.
The 85-year-old Ginsburg is attending a concert at a museum a few blocks from the White House that is being given by her daughter-in-law and other musicians. Patrice Michaels is married to Ginsburg’s son, James. Michaels is a soprano and composer.
The concert is dedicated to Ginsburg’s life in the law.
Ginsburg had surgery in New York on Dec. 21. She missed arguments at the court in January, her first illness-related absence in more than 25 years as a justice.
She has been recuperating at her home in Washington since late December.
Ginsburg had two previous bouts with cancer. She had colorectal cancer in 1999 and pancreatic cancer in 2009.
The justice sat in the back of the darkened auditorium at the National Museum of Women in the Arts.
The National Constitution Center, which sponsored the concert, did not permit photography.
James Ginsburg said before the concert that his mother is walking a mile a day and meeting with her personal trainer twice a week.
The performance concluded with a song set to Ginsburg’s answers to questions.
In introducing the last song, Michaels said, “bring our show to a close, but not the epic and notorious story of RBG.”
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Court: No new offshore drilling work during federal shutdown
Legal Interview |
2019/01/18 16:15
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A federal judge in South Carolina has turned back the Trump administration's attempt to continue preparatory work for offshore drilling during the federal government's partial shutdown, issuing a ruling in a federal lawsuit challenging the overall expansion plans.
In his order, U.S. District Judge Richard Gergel halted federal agencies "from taking action to promulgate permits, otherwise approve, or take any other official action" for permits to conduct testing that's needed before drilling work can begin.
The ruling comes a few days after President Donald Trump's decision this week to recall workers at the Bureau of Ocean Energy Management so they could continue to process testing permits for possible drilling off the Atlantic coastline. The recall drew an objection from the U.S. House Natural Resources Committee chairman, Democratic Rep. Raul Grijalva (gri-HAWL-vah) of Arizona. He called on Acting Interior Secretary David Bernhardt to reverse course or provide a briefing on the legal justification for the move.
Earlier this month, South Carolina joined a federal lawsuit opposing the administration's plans to conduct offshore drilling tests using seismic air guns. Gergel is overseeing that case, initially filed by environmental groups and municipalities along the state's coast.
The suit challenges permits for the testing that precedes the drilling itself. It claims the National Marine Fisheries Service violated the Marine Mammal Protection Act, the Endangered Species Act and the National Environmental Policy Act in issuing the permits.
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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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