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Leahy won't delay hearing for appeals court pick
Lawyer Blog News |
2010/04/07 18:37
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Senate Democrats have rejected a Republican effort to delay a hearing for a liberal appeals court nominee, making clear they are ready for a partisan fight. A hearing for University of California-Berkeley, law professor Goodwin Liu will go on as scheduled April 16, Senate Judiciary Committee Chairman Patrick Leahy said Wednesday. He said Republicans were unwilling to "put political rancor aside" to debate the nomination, which will test President Obama's ability to fill court seats with liberals as well as moderates. All seven committee Republicans had asked for a delay. In a letter sent Tuesday, they wrote Leahy arguing Liu's belated responses to a committee questionnaire justified a delay in the hearing for the nominee to a San Francisco-based appeals court. But Leahy, D-Vt., wrote the panel's senior Republican, Sen. Jeff Sessions of Alabama, that he had already postponed the hearing twice — once due to a Republican request and then because of GOP stalling tactics. The chairman said he was disappointed that "we have seen the same delays and obstructionist approach toward these nominees on the Senate floor extend to the committee's consideration." If confirmed, Liu would serve on the 9th U.S. Circuit Court of Appeals serving California, Arizona, Nevada, Oregon, Washington, Alaska, Idaho, Hawaii and Montana. |
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Federal court upholds ruling for AstraZeneca
Lawyer Blog News |
2010/04/07 08:37
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A federal appellate court has upheld a lower court ruling dismissing the first product liability lawsuit among thousands alleging British drugmaker AstraZeneca PLC's antipsychotic drug Seroquel triggered a patient's diabetes. A three-judge panel of the 11th Circuit Court of Appeals ruled Tuesday that the U.S. District Court for the Middle District of Florida had correctly dismissed the case brought by Linda Guinn, a former legal secretary from Palm Bay, Fla., in her early 60s. Before that case was to go to trial, AstraZeneca successfully argued in January 2009, before District Judge Anne Conway, that Guinn's doctor did not qualify as an expert under federal court rules and so her testimony should be excluded. The drugmaker also persuaded the judge to grant a summary judgment motion in its favor, arguing that Guinn failed to establish that Seroquel caused her diabetes. The 11th Circuit Court, based in Atlanta, upheld those decisions. "The appeals court decision echoes earlier federal and state court opinions that found Seroquel could not be proven to be responsible for plaintiffs' alleged injuries," AstraZeneca spokesman Tony Jewell said in a statement. |
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US court rules against FCC on `net neutrality'
Court Feed News |
2010/04/06 15:52
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A federal appeals court ruled Tuesday that the Federal Communications Commission lacks the authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks. The ruling by the U.S. Court of Appeals for the District of Columbia is a big victory for Comcast Corp., the nation's largest cable company. It had challenged the FCC's authority to impose so-called "net neutrality" obligations on broadband providers. The ruling also marks a serious setback for the FCC, which is trying to officially set net neutrality regulations. FCC Chairman Julius Genachowski argues that such rules are needed to prevent phone and cable companies from using their control over Internet access to favor some online content and services over others. The decision also has serious implications for the massive national broadband plan released by the FCC last month. The FCC needs clear authority to regulate broadband in order to push ahead with some its key recommendations, including a proposal to expand broadband by tapping the federal fund that subsidizes telephone service in poor and rural communities. The court case centered on Comcast's challenge of a 2008 FCC order banning the company from blocking its broadband subscribers from using an online file-sharing technology known as BitTorrent. The commission, at the time headed by Republican Kevin Martin, based its order on a set of net-neutrality principles it adopted in 2005 to prevent broadband providers from becoming online gatekeepers. Those principles have guided the FCC's enforcement of communications laws on a case-by-case basis, and now Genachowski is trying to formalize those rules. |
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Drug lab suspect in Calif. court for other case
Court Feed News |
2010/04/06 11:53
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A former technician accused of skimming drugs from San Francisco's crime lab has appeared in court for an unrelated drug case. Deborah Madden pleaded not guilty Monday to a felony cocaine possession charge in San Mateo County Superior Court. The case is due back in court May 18. The 60-year old Madden was arrested on March 3 after authorities investigating the disappearance of drugs at the San Francisco police lab found one-tenth of a gram of cocaine and a gun at her San Mateo home. She remains free on $10,000 bail. Madden has not been charged in the drug lab probe. |
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Texas man threatened deadly force to stop abortion
Criminal Law Updates |
2010/04/06 11:52
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A Texas man faces charges after he filed documents in federal court threatening to use deadly force to stop an abortion if the U.S. Supreme Court didn't immediately act to outlaw the practice, federal officials said Monday. Erlyndon Joseph "Joey" Lo, 27, of Plano, filed documents there Friday saying his religious beliefs entitled him to use deadly force to prevent an abortion. He listed the name of a clinic, its address and the time he was going to show up — noon that day. "I plan on saving at least one human life in Dallas, Texas," Lo wrote. FBI spokesman Mark White said he was unsure if Lo went at that time, but said agents worked with Dallas police "to make sure there wasn't going to be an issue at the clinic." Lo was arrested Saturday. |
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NY top court won't open nursing homes to lawyers
Lawyer Blog News |
2010/04/05 15:05
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New York's top court is refusing to order nursing homes to give state lawyers access to hundreds of psychiatric patients so they can advocate for alternative treatments, living conditions or even release. The Court of Appeals, divided 4-3, says the New York's Office of Mental Health decided not to license the nursing homes. Therefore lawyers for the Mental Hygiene Legal Service lack jurisdiction. State mental institutions began discharging patients in 1996 to nursing homes for continued but lower-level care. The MHLS was established to guard the rights of the mentally disabled in institutions. It sought access to all those patients. The nursing homes said no, citing privacy rights. |
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Recent Lawyer News Updates |
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