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Tobacco industry appeal rejected in Florida case
Legal Career News | 2007/10/01 14:58

The Supreme Court on Monday rejected a tobacco industry appeal on two issues in a Florida class-action case that has already resulted in a $145 billion punitive award against the cigarette makers being overturned. The industry appealed a ruling by the Florida Supreme Court last year that jury findings, including deception and negligence by the companies, could be used in individual lawsuits by the former class members.

In the other issue appealed to the nation's highest court, the industry said the generalized jury findings rested on evidence, arguments and theories of liability that were preempted by a federal law, the Federal Cigarette Labeling and Advertising Act.

A Miami jury ruled in 2000 that the tobacco companies deceived smokers about the dangers of cigarettes and ordered the companies to pay $145 billion to ailing Florida smokers, estimated to number about 700,000.

The case, filed by Miami Beach pediatrician Howard Engle in 1994, was the first smokers' lawsuit to be certified as a class action.

But a Florida appeals court overturned the punitive damages award and decertified the class action, a ruling upheld by the Florida Supreme Court.

Defendants in the case included Altria Group Inc's Philip Morris USA unit; the R.J. Reynolds Tobacco Co and Brown & Williamson units of Reynolds American Inc; the Lorillard Tobacco Co unit of Loews Corp., which trades as Carolina Group; and Vector Group Ltd's  Liggett.

In the Supreme Court appeal, the companies said the constitutional right of due process "prohibits a state court from giving preclusive effect to a jury verdict when it is impossible to discern which of numerous alternative grounds formed the basis for the jury's finding of wrongful conduct."

They also argued that a plaintiff may not avoid federal preemption under a 1992 Supreme Court ruling by merely invoking characterizations such as "fraud" and "negligence." 



Credit crisis strikes UBS, Citi, Credit Suisse
Business Law Info | 2007/10/01 14:56
The credit crisis struck at the heart of the global financial industry on Monday as Swiss bank UBS AG said it faced a shock loss in the third quarter and Citigroup warned its profits had collapsed. UBS's chief domestic rival Credit Suisse Group also said its third quarter results would be "adversely impacted" by the credit market turmoil but said it would remain profitable in the third quarter.

The announcements are the latest from a lengthening queue of banks who have taken hits from a meltdown in U.S. subprime mortgages, which has set off a global liquidity crisis.

UBS said it would write down a net 4 billion Swiss francs ($3.4 billion) in its fixed-income portfolio and elsewhere, resulting in a third-quarter loss of 600 million to 800 million francs, its first quarterly loss in nine years.

UBS also said it would shed 1,500 jobs in its investment bank -- a sharp reversal of its recent buildup.

Citigroup, the world's largest bank by market value, said it was expecting a fall of about 60 percent in third-quarter net income.

Among the main culprits for the profit warning were $1.4 billion in pretax writedowns on funded and unfunded leveraged loan commitments.  



US Supreme Court begins new term
Lawyer Blog News | 2007/10/01 14:53
The US Supreme Court begins a new term Monday, which usually remains in session from October through June, has already accepted to review a complaint lodged on behalf of detainees held at the US naval base at Guantanamo Bay, Cuba. The case may prompt justices to rule whether the constitution applies to the military outpost set up to hold terror suspects.

The court may also be asked to rule on whether former attorney general John Ashcroft can be personally held liable for excesses in arresting scores of foreigners immediately after the September 11, 2001, attacks.

Its last term was marked by a series of conservative rulings on social issues including abortion and freedom of speech relating to political campaigning.

But in the divided court, which has five conservatives and four progressive justices, major decisions in the new session could depend on Justice Anthony Kennedy -- the most pragmatic of the conservatives -- who this year may find reasons to switch camps on some cases.

The court also will have to rule on a series of other issues that might figure prominently during the election campaign.

The justices have already chosen to consider if executions by lethal injection are constitutional, if a child pornography law infringed upon the constitutional right to free expression, and if prison sentences for trafficking in crack cocaine were excessive.

The court also will examine if child rapists who did not kill their victims can be sentenced to death.

In early September, the city of Washington, DC asked the high court to rule for the first time in nearly 70 years on the Second Amendment to the constitution, which is viewed by some as a guarantee of the right of every American to own a firearm.


High Court Rejects Pfizer Appeal On Norvasc Generic
Court Feed News | 2007/10/01 13:56
The U.S. Supreme Court on Monday rejected an appeal from Pfizer Inc. (PFE) that had sought to bar Apotex Inc. (AOX.YY) from selling a generic version of Norvasc, a popular hypertension drug. The dispute began in April 2003 when Apotex, a maker of generic drugs based in Canada, challenged the validity of Pfizer's patent on Norvasc and applied at the Food and Drug Administration to sell its own version. A federal trial was held in 2006, leading to a ruling in favor of Pfizer.

The Washington-based U.S. Federal Circuit Court of Appeals, a special patent appeals court, reversed the trial court ruling and opened the door for Apotex.

However, Pfizer's ability to sell Norvasc without competition from other companies expired on Sept. 25, 2007.



Apple Facing Class-Action Suits over iPhone Locking
Class Action News | 2007/10/01 11:05
Apple has released a new update for the iPhone that turns it into a brick if the user runs the hack software on it that allows it to be used on any network. This of course has not pleased many users. They feel that they have bought the iPhone and have the right to use it on any network that they choose and maybe they are not pleased with AT&T and with to use another service. But this new Apple update denies their "right" to do so.

At least that's the claim of the users that have banded together to explore the possibility of a claim against Apple over their latest move to protect what it believes is it's legal right to keep its iPhone linked to AT&T. On Apple's iPhone discussion forums, a poster suggested this past weekend that a class-actions suit could be a possible action against Apple. The poster is seeking other like-minded people to join in his action or at least testing the water.

Others have posted that now that they have been warned about the update, they have no excuse. One poster stated that by taking their shiny new iPhone and knowingly messing with the warranty with some third-party software and turning it into a shiny new brick deserves no sympathy. They further point out that those who purchase the iPhone do so knowing that the only carrier is AT&T and should accept that or just not buy the phone.


Too-close-to-call cases at Supreme Court
Attorney Blogs | 2007/10/01 09:01

It is called the Supreme Court, but this year in key cases the institution might just as well be called the supreme realm of Justice Anthony Kennedy. Such is the power of the centrist swing voter among eight other justices who often split 4 to 4 on the most contentious disputes in the nation. After nearly two decades on the high court, Justice Kennedy has never been more important and powerful, and – in the view of some – dangerous.

Liberals fear him. Conservatives distrust him. But all eyes will be on Kennedy as the court opens its 2007-08 term Monday with a string of major cases on the horizon that appear headed for 4-to-4 deadlocks.

Among them is a dispute over gun rights in Washington, D.C., a battle over the legal rights of terror suspects at the Guantánamo detention center, and a challenge to the president's power to order state judges to uphold international court rulings.

In addition, the high court will examine whether execution by lethal injection in Kentucky is a form of cruel and unusual punishment, and whether the Constitution forbids Indiana from requiring voters to produce photo identification prior to casting a ballot.

The same internal dynamics among the justices that produced a string of conservative victories on abortion, affirmative action, and campaign finance last term will again be on full display. But this term, Kennedy's positions on pending cases are less clear.

Some analysts say the highest-profile cases this year are likely to bring a broader mix of both liberal and conservative victories. But several of the cases appear too close to call, court watchers say.

One of the most anticipated cases involves a landmark legal dispute over the meaning of the Second Amendment right to keep and bear arms. The justices are being asked to decide whether this is an individual right that belongs to the people or a collective right bestowed by the states through organized militias.

The court has not yet agreed to take up the issue, but many constitutional scholars believe it soon will. If so, it would mark the first time since 1939 that the Supreme Court has examined the meaning of the Second Amendment.

Two related cases, District of Columbia v. Heller (07-290) and Parker v. District of Columbia (07-335), involve challenges to gun-control laws in the nation's capital. The disputes will take the justices back to the drafting of the Bill of Rights and the foundations of the republic, analysts say.

"This is 1791 for the Second Amendment," Georgetown Law Center Prof. Nicholas Rosenkranz told a recent conference at the Cato Institute in Washington.

Among cases already on the court's docket, one of the most important involves terror suspects at Guantánamo Bay and to what extent they are entitled to challenge their open-ended detention as enemy combatants.

Lawyers for the detainees filed habeas corpus petitions asking federal judges in Washington to examine the legality of their clients' continued confinement. The Bush administration says that because the detainees are foreign enemy combatants being held outside the United States, they are not entitled to the protections of habeas corpus. In 2006 Congress, then controlled by Republicans, passed a law that stripped federal judges of jurisdiction to hear cases brought on behalf of detainees at Guantánamo.

When lawyers for the detainees first asked the Supreme Court to take up the issue, the justices refused. Then, in a highly unusual move, the justices agreed three months later to hear the appeal. This has led to speculation that the court is primed to overturn an earlier federal appeals court ruling upholding the Bush administration's position and the 2006 law.

Some analysts go even further. "The court took this case to make a larger statement of who we are as a people," says Neal Katyal, a law professor at Georgetown Law Center, who also represents a Guantánamo detainee in a pending case.

Professor Katyal, speaking on a recent panel at Georgetown, said the court will probably rule that fundamental rights apply at Guantánamo. "I expect a broader holding than we have had in the past," he added.

Supporters of the Bush administration say the court is unlikely to take such a dramatic step – even six years after the 9/11 attacks. The US is still at war, they say.



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