My occasional take on important, cutting-edge or interesting legal news:
Legal News
Legal News
November 5th, 2013
The Rochester Democrat & Chronicle has this feature on the plaintiffs who are challenging the practice of conducting mostly Christian prayers during town meetings for Rochester suburb Greece. The U.S. Supreme Court is slated to hear oral argument on the issue tomorrow.
The plaintiffs said they are not anti-religion but they think religious involvement pollutes government: "'We are trying to protect religion. Whenever... Continue Reading
November 4th, 2013
According to a transcript of a press conference given by Attorney General Eric Holder, Johnson & Johnson and three of its subsidaries will pay $2.2 billion to resolve claims of off-label marketing of prescription drugs and paying kickbacks to physicians and pharmacies:
"We are here to announce that Johnson & Johnson and three of its subsidiaries have agreed to pay more than $2.2 billion to resolve criminal and civil claims that... Continue Reading
November 4th, 2013
The Guardian has published an opinion piece arguing against allowing cameras in criminal courtrooms: Television "companies want into the criminal courts because that is where the drama is. Such exposure will put witnesses off, discourage victims even if their faces are not on screen and distort the behaviour of lawyers and judges. As for defendants, they risk being feasted upon by the media with a frenzy that will wholly discredit the... Continue Reading
November 4th, 2013
A federal judge has approved the National Football League's $50 million settlement with players who contended their rights to publicity were violated by NFL marketing. Bloomberg Businessweek reported U.S. District Judge Paul A. Magnuson opined "the chances of the lawsuit’s succeeding are 'slim at best,' ... calling the settlement a remarkable victory for the class as a whole." Another part of the... Continue Reading
November 4th, 2013
One of the criticisms of the Obamacare rollout is some consumers' health care insurance policies are being canceled because they don't comply with minimum requirements. Replacement policies are more expensive. Self-employed lawyers are among those whose costs are increasing, The Washington Post reports: "If the poor, sick and uninsured are the winners under the Affordable Care Act, the losers appear to include some relatively... Continue Reading
November 3rd, 2013
The prognosis is good for the bipartisan passage in the U.S. Senate of legislation that would make it illegal for employers to discriminate against people on the basis of their sexual orientation or gender identity, the Associated Press reports. However, it is unclear if the legislation would even be taken up in the House of Representatives.
The bill has bipartisan support. "In a sign of the times, the anti-bias legislation has... Continue Reading
November 3rd, 2013
After the Oklahoma Supreme Court struck down tort reform legislation because it contained multiple subjects in violation of the state constitution, state lawmakers are holding hearings on how judges are selected, the Associated Press reported. Oklahoma House Speaker T.W. Shannon said he believes "the Oklahoma Supreme Court has acted at times as a ‘Super Legislature. It is my opinion the court has attempted to derail laws... Continue Reading
November 3rd, 2013
An Indiana appellate court asked for legislators to address custody issues involving children of same-sex and other non-traditional families in which an "intended parent lacks a genetic connection to the child," according to the Associated Press. "'What began as a trickle is rapidly becoming a torrent, and the number of children whose lives are impacted by rules that have yet to be written only increases with the... Continue Reading
November 1st, 2013
The Philadelphia Inquirer editorial board once called for the Chief Justice of the Pennsylvania Supreme Court to resign because a lawyer on the Philadelphia family court project was revealed to have a conflict of interest by becoming a co-developer. Now the editorial board has endorsed Pennsylvania Chief Justice Ronald D. Castille for retention even though he can only serve one more year until forced to retire because of his age. The... Continue Reading
November 1st, 2013
Legislators may vote on same-sex marriage next week, according to GateHouse Media: "Advocates for same-sex marriage in Illinois say they're ready for a vote next week. It's been months of energetic lobbying, but there are signals lawmakers may be prepared for a tally after the measure was set aside earlier this year." Continue Reading
October 31st, 2013
The maker of a mockbuster film about hobbits didn't have any luck in arguing that they weren't infringing on the trademarked fictional creatures from JRR Tolkien's Lord of the Rings series. According to the Hollywood Reporter, Global Asylum tried to argue that it was fair use to make a film referencing hobbits because it's a "reference to a real-life human subspecies, Homo Floresiensis, discovered in 2003 in... Continue Reading
October 31st, 2013
In the wake of the Sandy Hook school shootings, Connecticut has been having a huge debate on where to draw the line between public access to law enforcement records like 911 calls and protecting victims' families from further trauma and further invasions of their privacy. During testimony before a legislative task force, the spouse of one of the adults killed in the shooting suggested a compromise, according to the Hartford Courant: "... Continue Reading
October 31st, 2013
The Hawaii Senate has passed a bill to authorize same-sex marriage. The bill is expected to pass the House of Representatives too, Reuters reported. If the legislation is enacted, Hawaii could become the 15th state to legalize same-sex matrimony. The bill exempts houses of worship from having to perform same-sex wedding ceremonies.
October 30th, 2013
New Yorkers will vote on a ballot measure that would increase the age at which appellate judges have to retire to age 80. The New York Times reports that Governor Andrew Cuomo has been quietly opposing Proposition 6. One reason may be that if the ballot meaure passes it would "allow two Republican judges to serve longer terms, limiting his ability to put a lasting liberal stamp on the Court of Appeals," The Times reports.
Raising... Continue Reading
October 30th, 2013
ProPublica reports on the lack of regulation for assisted living and how this puts the elderly at risk.
Nursing homes for elder Americans (who tend to need much more skilled nursing care than the elderly living in assisted living facilities) face much stricter regulation. Not so with "assisted living facilities, [which] at least initially, were meant to provide housing, meals and help to elderly people who could no longer live on... Continue Reading
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