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Brazil's top court: Lula can be jailed for upheld conviction
Headline Legal News |
2018/04/03 21:25
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A sharply divided top court voted early Thursday to reject an attempt by former Brazilian President Luiz Inacio da Silva to stay out of jail while he appeals a corruption conviction, delivering a hard blow to the front-running candidate in this year's presidential election in Latin America's largest nation.
After nearly 11 hours of often heated debate, the Supreme Federal Tribunal voted 6-5 to deny da Silva's request to stave off a 12-year prison sentence while he fights a conviction that he has always argued was nothing more than a ploy to keep him off of the October ballot.
Despite the conviction and several other corruption charges against him, da Silva leads all preference polls for the election.
The decision means that da Silva will likely be jailed soon, though probably not until at least next week thanks to various technicalities.
Chief Justice Carmen Lucia, who was sharply criticized during the session by various colleagues, cast the deciding vote after the court was tied at 5 to 5.
"The constitution secures individual rights, which are fundamental to democracy, but it also assures the exercise of criminal law," she said.
The debate at the Supreme Federal Tribunal underscored how fraught the matter is at a time of high tension and angst in Brazil.
Justice Gilmar Mendes, traditionally a critic of da Silva, voted in favor of da Silva's petition to stay out of jail, challenging his colleagues to buck pressure from society.
"If a court bows (to pressure), it might as well not exist," said Mendes.
Justice Luis Roberto Barroso argued that the integrity of the justice system was at stake.
"A penal system that doesn't work with minimal effectiveness leads to an instinct for taking justice into one's own hands," Barroso said in voting against da Silva.
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Supreme Court rejects appeal from Middle East attack victims
Attorney News |
2018/04/02 21:27
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The Supreme Court is rejecting an appeal from American victims of terrorist attacks in the Middle East more than a decade ago.
The justices are not commenting Monday in ending a lawsuit against the PLO and Palestinian Authority in connection with attacks in Israel in 2002 and 2004 that killed 33 people. A lower court tossed out a $654 million verdict against the Palestinians.
The Trump administration sided with the Palestinians in calling on the high court to leave the lower court ruling in place. The federal appeals court in New York said U.S. courts can't consider lawsuits against foreign-based groups over random attacks that were not aimed at the United States.
The victims sued under the Anti-Terrorism Act, passed to open U.S. courts to American victims of international terrorism.
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Drug companies want Supreme Court to take eye drop dispute
Court Line News |
2018/04/01 21:27
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Eye drop users everywhere have had it happen. Tilt your head back, drip a drop in your eye and part of that drop always seems to dribble down your cheek.
But what most people see as an annoyance, some prescription drop users say is grounds for a lawsuit. Drug companies' bottles dispense drops that are too large, leaving wasted medication running down their faces, they say.
Don't roll your eyes. Major players in Americans' medicine cabinets — including Allergan, Bausch & Lomb, Merck and Pfizer — are asking the Supreme Court to get involved in the case.
On the other side are patients using the companies' drops to treat glaucoma and other eye conditions. Wasted medication affects their wallets, they say. They argue they would pay less for their treatment if their bottles of medication were designed to drip smaller drops. That would mean they could squeeze more doses out of every bottle. And they say companies could redesign the droppers on their bottles but have chosen not to.
The companies, for their part, have said the patients shouldn't be able to sue in federal court because their argument they would have paid less for treatment is based on a bottle that doesn't exist and speculation about how it would affect their costs if it did. They point out that the size of their drops was approved by the Food and Drug Administration and redesigned bottles would require FDA approval. The cost of changes could be passed on to patients, possibly resulting in treatment that costs more, they say.
Courts haven't seen eye to eye on whether patients should be able to sue. That's why the drugmakers are asking the Supreme Court to step in. A federal appeals court in Chicago threw out one lawsuit over drop size. But a federal appeals court in Philadelphia let the similar case now before the Supreme Court go forward. That kind of disagreement tends to get the Supreme Court's attention.
And if a drop-size lawsuit can go forward, so too could other packaging design lawsuits, like one by "toothpaste users whose tubes of toothpaste did not allow every bit of toothpaste to be used," wrote Kannon Shanmugam, a frequent advocate before the Supreme Court who is representing the drug companies in asking the high court to take the case.
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Court: Government can't block immigrant teens from abortion
Legal News |
2018/04/01 21:27
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A federal court in Washington has told the Trump administration that the government can't interfere with the ability of pregnant immigrant teens being held in federal custody to obtain abortions.
A judge issued an order Friday evening barring the government from "interfering with or obstructing" pregnant minors' access to abortion counseling or abortions, among other things, while a lawsuit proceeds. The order covers pregnant minors being held in federal custody after entering the country illegally.
Lawyers for the Department of Health and Human Services, which is responsible for sheltering children who illegally enter the country unaccompanied by a parent, have said the department has a policy of "refusing to facilitate" abortions. And the director of the office that oversees the shelters has said he believes teens in his agency's care have no constitutional right to abortion.
The American Civil Liberties Union brought a lawsuit on behalf of the minors, which the judge overseeing the case also Friday allowed to go forward as a class action lawsuit.
"We have been able to secure justice for these young pregnant women in government custody who will no longer be subject to the government's policy of coercion and obstruction while the case continues," said ACLU attorney Brigitte Amiri after the judge's order became public.
The government can appeal the judge's order. A Department of Justice spokesman didn't immediately respond to an emailed request for comment Friday evening.
The health department said in a statement Saturday that it "strongly maintains that taxpayers are not responsible for facilitating the abortion of unaccompanied minors who entered the country illegally and are currently in the government's care." It said it is "working closely with the Justice Department to review the court's order and determine next steps."
The ACLU and Trump administration have been sparring for months over the government's policy. In a high-profile case last year, the ACLU represented a teen who entered the U.S. illegally in September and learned while in federal custody in Texas that she was pregnant.
The teen, referred to in court paperwork as Jane Doe, obtained a state court order permitting her to have an abortion and secured private funding to pay for it, but federal officials refused to transport her or temporarily release her so that others could take her to get the procedure.
The teen was ultimately able to get an abortion in October as a result of the lawsuit, but the Trump administration has accused the ACLU of misleading the government during the case, a charge the ACLU has denied. |
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Large Midwest energy project turns to ex-Missouri governor
Attorney News |
2018/03/30 21:28
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Stymied by state regulators, a renewable energy company seeking to build one of the nation's longest power lines across a large swath of the Midwest has turned to a prominent politician in an attempt to revive its $2.3 billion project.
Former Missouri Gov. Jay Nixon, now working as a private attorney after recently finishing 30 years in public office, is to argue Tuesday to the Missouri Supreme Court that utility regulators he appointed wrongly rejected the power line while relying on an incorrect court ruling written by a judge whom Nixon also appointed.
Should Nixon prevail in court, it could help clear a path for Houston-based Clean Line Energy Partners LLC to build a 780-mile (1,255-kilometer), high-voltage transmission line from the wind farms of western Kansas across Missouri and Illinois to Indiana, where it would feed into a power grid serving eastern states. Missouri had been the lone state blocking the project, until an Illinois appeals court in March also overturned that state's approval.
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Utah teen appears in court in school backpack bomb case
Topics in Legal News |
2018/03/27 15:36
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A 16-year-old is facing attempted murder and other charges after prosecutors say he tried to ignite an explosive device in a backpack at his southern Utah high school.
The teen also was charged Monday in juvenile court in St. George with misdemeanor graffiti and abuse of a flag for allegedly cutting up an American flag and spray-painting words including "ISIS" on a wall at a different high school in nearby Hurricane.
The FBI determined the group was not involved. The Deseret News reports the boy remains in juvenile detention pending another court appearance. No explosion resulted and no one was hurt March 5 after the backpack was found emitting smoke in a common area of Pine View High School.
Charging documents say the boy told police that if someone got hurt, he probably wouldn't care. |
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