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Court asked to dismiss cases tied to ex-drug lab chemist
Headline Legal News |
2017/09/22 03:05
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A petition is asking the highest court in Massachusetts to dismiss every case connected to a former state chemist who authorities say was high almost every day she went to work at a state drug lab for eight years.
The state's public defender agency is a party to the petition filed Wednesday before the Supreme Judicial Court by two women whose drug possession convictions are tied to evidence handled by chemist Sonja Farak.
Farak pleaded guilty in 2014 to stealing cocaine from the state crime lab at the University of Massachusetts Amherst. She worked at the lab between 2005 and 2013.
The women say the state failed to notify them of Farak's misconduct even after her conviction, depriving them of the opportunity to challenge their convictions.
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California hits Gatorade in court for "anti-water" videogame
Topics in Legal News |
2017/09/21 03:05
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Gatorade has agreed not to make disparaging comments about water as part of a $300,000 settlement reached Thursday with California over allegations it misleadingly portrayed water's benefits in a cellphone game where users refuel Olympic runner Usain Bolt.
The game, downloaded 30,000 times in California and 2.3 million times worldwide, is no longer available.
The dispute between the sports-drink company and California Attorney General Xavier Becerra was settled in less than a day after Becerra filed a complaint in Los Angeles County.
Becerra's complaint alleges the game, called Bolt!, misleadingly portrayed the health benefits of water in a way that could harm children's nutritional choices. The game encouraged users to "keep your performance level high and avoid water," with Bolt's fuel level going down after drinking water but up after drinking Gatorade, the complaint alleged.
The settlement should serve as a warning to companies that falsely advertise, Becerra said.
"Making misleading statements is a violation of California law. But making misleading statements aimed at our children is beyond unlawful, it's morally wrong and a betrayal of trust," he said in a statement.
Gatorade agreed to the settlement but has not admitted wrongdoing.
"The mobile game, Bolt!, was designed to highlight the unique role and benefits of sports drinks in supporting athletic performance. We recognize the role water plays in overall health and wellness, and offer our consumers great options," spokeswoman Katie Vidaillet said in an email.
In addition to agreeing not to disparage water, Gatorade agreed not to make Bolt! or any other games that give the impression that water will hinder athletic performance or that athletes only consume Gatorade and do not drink water. Gatorade also agreed to use "reasonable efforts" to abide by parent company PepsiCo's policy on responsible advertising to children and to disclose its contracts with endorsers.
Of the settlement money, $120,000 will go toward the study or promotion of childhood and teenager nutrition and the consumption of water. |
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Court: State, Not Counties Accountable for Poor School Funds
Attorney News |
2017/09/20 03:05
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A North Carolina appeals court says students and parents still fighting for sufficient school funding decades after they were guaranteed the right to a sound, basic education should make demands of the governor and legislators, not county officials.
A divided state Court of Appeals ruled Tuesday that schoolchildren can't sue Halifax County commissioners over funding for the county's segregated public school districts.
Lawyers say though substandard Halifax County Schools' buildings sometimes force students to walk through sewage to reach their lockers, they get less local tax dollars than the majority white Roanoke Rapids schools.
Judges split 2-1 in ruling that local families should take their problems to Raleigh. The dissenting judge said counties can be sued since the legislature assigned them responsibility for funding buildings and supplies. |
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With 2 in 3 months, Ohio executions could be back on track
Court Line News |
2017/09/19 03:04
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Court rulings favorable to the state and the outcome of two executions in three months indicate Ohio could be on track to resume putting inmates to death regularly.
The state executed child killer Ronald Phillips in July and double killer Gary Otte on Wednesday in the state death chamber at the Southern Ohio Correctional Facility in Lucasville.
Witnesses said Phillips did not appear to be distressed. Otte’s chest rose and fell several times over two minutes in a fashion similar to some executions, though the movement appeared to go on longer than in the past.
Otte’s lawyers believe he suffered a phenomenon known as air hunger and plan to continue their challenge of Ohio’s use of a sedative called midazolam.
“My concerns were that he was obstructing, he was suffering air hunger, trying desperately to get air, and there were tears running down his face, which indicated to me that he was feeling pain or sensations,” federal public defender Carol Wright said after Wednesday’s execution.
Prisons spokeswoman JoEllen Smith said the procedure “was carried out in compliance with the execution policy and without complication.”
The next and last execution scheduled this year is Nov. 15, when the state plans to put Alva Campbell to death. A jury found Campbell, 69, guilty of killing 18-year-old Charles Dials 20 years ago after Campbell, who was in a wheelchair while feigning paralysis, escaped from a court hearing.
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Toys R Us files for Chapter 11 reorganization
Legal News |
2017/09/18 03:05
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Toys R Us, the pioneering big box toy retailer, has announced it has filed for Chapter 11 bankruptcy protection while continuing with normal business operations.
A statement by the Wayne, New Jersey-based company late Monday says it voluntarily is seeking relief in U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond - and that its Canadian subsidiary is seeking similar protection through a Canadian court.
Toys R Us says court-supervised proceedings will help restructure its outstanding debt and reorganize for long-term growth.
The company says separate operations outside the U.S. and Canada, including more than 250 licensed stores and a joint venture partnership in Asia, are not part of the filings.
It emphasizes that its approximately 1,600 locations will remain open, that it will continue to work with suppliers and sell merchandise.
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Rooney gets road ban after pleading guilty to drunk driving
Topics in Legal News |
2017/09/16 03:04
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Former England captain Wayne Rooney pleaded guilty to drunk driving on Monday, leading to a court imposing a two-year driving ban and ordering him to perform 100 hours of unpaid community work.
The Everton striker was stopped by police outside Manchester on Sept. 1 while driving someone else's car.
Rooney was three times above the legal limit for driving with alcohol in the body, the hearing at Stockport Magistrates' Court was informed as the 31-year-old player entered his guilty plea.
"Following today's court hearing I want publicly to apologize for my unforgivable lack of judgment in driving while over the legal limit. It was completely wrong," Rooney said in a statement.
"I have already said sorry to my family, my manager and chairman and everyone at Everton FC. Now I want to apologize to all the fans and everyone else who has followed and supported me throughout my career."
A breathalyzer test showed Rooney's alcohol level was 104 micrograms in 100 milliliters of breath. The driving limit in England and Wales is 35 micrograms per 100 milliliters of breath.
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