Cultivated Compendium

Legal news from last week: A federal judge ruled that a lawsuit can proceed on whether same-sex marriages from other states can be recognized on death certificates in Ohio despite the statewide ban on same-sex nuptials. The Associated Press reported the presiding judge "rejected a request from state attorneys asking to have a funeral director removed from the lawsuit, a move that essentially would have squelched it."

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 government gets involved in religion, it gets corrupted. I'm standing up for religion,"' plaintiff Susan Galloway told the Democrat & Chronicle.

One law professor said the Supreme Court has not considered legislative prayer in 30 years after the court established "the 'reasonable observer test,' for determining if legislative prayers constituted an unallowable endorsement of religion," the D&C also reported.

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 they marketed prescription drugs for uses that were never approved as safe and effective – and that they paid kickbacks to both physicians and pharmacies for prescribing and promoting these drugs.  Through these alleged actions, these companies lined their pockets at the expense of American taxpayers, patients, and the private insurance industry.  They drove up costs for everyone in the health care system and negatively impacted the long-term solvency of essential health care programs like Medicare. This global settlement resolves multiple investigations involving the antipsychotic drugs Risperdal and Invega – as well as the heart drug Natrecor and other Johnson & Johnson products.  The settlement also addresses allegations of conduct that recklessly put at risk the health of some of the most vulnerable members of our society – including young children, the elderly, and the disabled."

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 system." However, airing proceedings in England's appellate courts is beneficial because "in our common law system, binding law is made in these highest courts as well as in parliament. So, while it may be dull to many, it is perfectly rational to have it available for public information."

A similar line is drawn in Pennsylvania, for example.

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 settlement is the creation of an agency to handle the licensing of ex-players' publicity rights.

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 healthy middle-income small-business owners, consultants, lawyers and other self-employed workers who buy their own insurance. Many make too much to qualify for new federal subsidies provided by the law but not enough to absorb the rising costs without hardship." The costs are going up due to increased benefits and increased coverage for sicker people, The Post also reported.

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 traditional proponents such as the Human Rights Campaign, the largest gay and lesbian advocacy group, plus the backing of a relatively new group, the American Unity Fund. That organization has the financial support of big-name Republican donors — hedge fund billionaires Paul Singer, Cliff Asness, Dan Loeb and Seth Klarman — and former GOP lawmakers Norm Coleman of Minnesota and Tom Reynolds of New York," the AP also reports.

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 and reforms that are not only constitutional, but benefit our great state and provide greater opportunity and freedom for our citizens," the AP reported. However, others argue that replacing a merit selection system with elections k"could lead to scandals similar to one in the 1960s in which state Supreme Court justices were accused of accepting bribes and fixing decisions," according to the AP.

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 passage of time,' Judge Ezra Friedlander wrote in the opinion, 'They, and we, would welcome a legislative roadmap to help navigate the novel legal landscape in which we have arrived,'" according to the AP.

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 board wrote: "Granted, in the kids-for-cash case and others, the court's reforms have come slowly and on the heels of probes by the press, public-interest groups, and authorities. But combined with a tougher stance on judicial discipline, such substantive reforms constitute a powerful argument for RON CASTILLE's continued service, which is subject to a retention vote on Tuesday. The chief justice might not qualify as a reformer in every state, but in Pennsylvania, he does."