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Okla. court halts 'personhood' rights for embryos
Lawyer Blog News |
2012/05/01 17:10
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The Oklahoma Supreme Court on Monday halted an effort to grant "personhood" rights to human embryos, saying the measure is unconstitutional.
The state's highest court ruled unanimously that a proposed amendment to the Oklahoma Constitution that would define a fertilized human egg as a person violates a 1992 U.S. Supreme Court decision involving a Pennsylvania case and "is clearly unconstitutional." Supporters of the personhood amendment are trying to gather enough signatures to put it before Oklahoma voters on the November ballot.
Opponents contend the measure would ban abortions without exception and interfere with a woman's right to use certain forms of contraception and medical procedures, such as in vitro fertilization.
The American Civil Liberties Union and the New York-based Center for Reproductive Rights filed a protest with the state Supreme Court on behalf of several Oklahoma doctors and residents. They asked the court to stop the group Personhood Oklahoma from gathering signatures.
The nine-member court determined the initiative petition "is void on its face" and struck it down.
"The only course available to this court is to follow what the United States Supreme Court, the final arbiter of the United States Constitution, has decreed," the court said. |
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High court weighs overtime pay for drug sales reps
Court Feed News |
2012/04/17 17:58
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A seemingly divided Supreme Court on Monday weighed a potentially costly challenge to the pharmaceutical industry's practice of not paying overtime to its sales representatives.
The justices questioned whether the federal law governing overtime pay should apply to the roughly 90,000 people who try to persuade doctors to prescribe certain drugs to their patients.
Many sales jobs are exempt from overtime pay under the Fair Labor Standards Act. But unlike typical salespeople who often work on commission, pharmaceutical sales representatives cannot seal a deal with doctors. Federal law, in fact, forbids any binding agreement by a doctor to prescribe a specific drug.
Two salesmen who once worked for drug maker GlaxoSmithKline filed a class-action lawsuit claiming that they were not paid for the 10 to 20 hours they worked each week on average outside the normal business day. Their jobs required them to meet with doctors in their offices, but also to attend conventions, dinners, even golf outings.
Justice Ruth Bader Ginsburg was among several justices who wondered about limits on overtime opportunities if the court were to rule for the sales reps. A court filing by the industry said drug companies could be on the hook for billions of dollars in past overtime. |
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Law Offices of Howard G. Smith Announces Class Action
Class Action News |
2012/03/16 16:05
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Law Offices of Howard G. Smith announces that a class action lawsuit has been filed in the United States District Court, Southern District of New York, on behalf of purchasers of the common stock of Nevsun Resources Ltd. between March 31, 2011 and February 6, 2012, inclusive, seeking to pursue remedies under the Securities Exchange Act of 1934.
Nevsun mines and explores for gold and base metals, such as copper and zinc. The Complaint alleges that defendants misrepresented or failed to disclose that: (a) Nevsun’s mining activities at the Bisha mine in Eritrea, Africa, produced a material amount of waste rock, rather than gold ore; (b) gold and gold ore from Bisha were materially less than estimated, and defendants knew or had reason to know this, based on data routinely collected from the mine; (c) Nevsun was progressing through the ore body at Bisha more quickly than planned, to maintain production at a rate that would not reveal to investors that the amount of gold was materially less than the Company’s estimate; (d) the Company was aware its resource model was materially defective because actual amounts of gold mined at Bisha did not reconcile with the Company’s previously disseminated estimate; and (e) Nevsun materially overstated its gold reserves at the Bisha mine.
No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Nevsun common stock between March 31, 2011 and February 6, 2012, you have certain rights, and have 60 days from March 13, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice.
www.howardsmithlaw.com |
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Court rejects challenge to Ind. elections chief
Headline News |
2012/03/16 15:59
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Republican Gov. Mitch Daniels will be able to choose a replacement for Indiana's ousted top elections official following a state Supreme Court ruling Thursday that found Democrats waited too long to challenge the GOP official's candidacy in 2010.
In a unanimous decision, the court overturned a Marion County judge's decision ordering the state recount commission to certify the runner-up, Democrat Vop Osili, as Indiana's secretary of state. Republican Charlie White, who won the race, was removed from office after he was convicted of felony voter fraud and perjury charges last month.
The decision dissipated a cloud of uncertainty that has lingered over the politically powerful office for more than a year, since Democrats accused White of lying about where he lived on his voter registration so he could keep his paid seat on the Fishers Town Council. White was sentenced Feb. 23 to one year of home detention.
With Indiana's primary election less than two months away, the court acted swiftly — ruling in about two weeks when it often takes months.
Daniels said he would act "pretty quickly" to appoint someone to finish the remainder of White's four-year term. "I've got, I think, a really good person in mind," he said. Daniels named White's chief deputy, Jerry Bonnet, interim secretary of state after White's February conviction.
Osili told The Associated Press that he hoped whoever was appointed would work with officials to make it easier for voters to comply with Indiana's voter ID law. |
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Court allows Edwards to hire mistress's lawyers
Court Feed News |
2012/03/16 12:00
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Former presidential candidate John Edwards got his wish Thursday and is changing his defense team ahead of his criminal trial on charges of campaign finance violations, hiring the same attorneys who once helped his mistress in a lawsuit over the couple's alleged sex tape.
The former U.S. senator from North Carolina testified under oath that he understood a jury might puzzle over the fact that lawyers Alan Duncan and Allison Van Laningham would be representing him after previously representing his mistress, Rielle Hunter.
Edwards faces charges that he broke federal campaign finance laws, allegedly using nearly $1 million from two wealthy donors to hide the pregnant mistress and prevent a scandal from erupting as he campaigned for the White House in 2008. He has pleaded not guilty.
U.S. District Court Judge Catherine C. Eagles told Edwards that shaking up his defense team was likely causing him stress, something the former senator's doctor said in a private letter to the judge Edwards should avoid to protect his health. The judge asked Edwards whether he was taking any narcotics or other medications that might fog his judgment before trial. |
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Supreme Court considers Fighting Sioux case
Lawyer Blog News |
2012/03/16 10:00
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North Dakota's Supreme Court grilled the state Board of Higher Education's lawyer Thursday about the board's tardiness in challenging a law that requires the University of North Dakota's sports teams to carry the Fighting Sioux nickname.
State lawmakers first approved the pro-nickname law in March 2011. Yet it wasn't until last month, after the law was repealed and then revived in a referendum campaign, that the higher education board sued to block the law, Justice Daniel Crothers said.
"That harm has been there since the statute was passed almost a year ago ... Why now? Why in the face of a referral?" Crothers asked Douglas Bahr, an assistant attorney general who is representing the board, during Supreme Court oral arguments Thursday.
Secretary of State Al Jaeger scheduled a June 12 referendum on the law after nickname backers turned in more than 16,000 petition signatures demanding a ballot.
The law says UND's sports teams must be known as the Fighting Sioux and keep a separate logo that depicts the profile of an American Indian warrior.
NCAA officials have told UND that as long as the nickname and logo are kept, the Grand Forks school may not host NCAA post-season tournaments. Its teams, cheerleaders and band members may not wear them on uniforms during post-season play. |
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