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US court lets class action against Bayer proceed
Court Feed News | 2011/06/19 19:53

The Supreme Court will let two West Virginia residents revive a lawsuit against Bayer AG over its anti-cholesterol drug Baycol, which was withdrawn from the market in 2001 after reports of a severe and sometimes fatal muscle disorder.

The high court on Thursday unanimously agreed to let Kevin Smith and Shirley Sperlazza's class-action lawsuit against Bayer go forward.

The 8th U.S. Court of Appeals had thrown out their lawsuit out after a federal judge overseeing multistate litigation against Bayer refused to let other West Virginians file a similar class-action lawsuit against the corporation.

The high court said that decision was incorrect.



Woman pleads guilty in border cash smuggling case
Lawyer Blog News | 2011/06/19 16:55
A woman has pleaded guilty to attempting to smuggle more than $930,000 in cash across the Arizona border and into her native Mexico.

Federal prosecutors say 25-year-old Judith Angelica Ayala-Partida pleaded guilty Wednesday in U.S. District Court in Tucson to bulk cash smuggling.

She's scheduled to be sentenced Oct. 4.

Authorities say Ayala-Partida was driving a vehicle that was stopped last Nov. 16 at the port of entry in Nogales, Ariz.

She told U.S. Customs and Border Protection officers that she didn't have more than $10,000 to declare. But a currency-detecting dog alerted authorities to the driver's side quarter panel of the car and a search led to the discovery of 101 packages containing $937,188.

Ayala-Partida's hometown in Mexico wasn't immediately available Friday.


Miss. court tosses exploitation conviction
Court Feed News | 2011/06/19 16:54

The Mississippi Supreme Court on Thursday overturned the conviction of Vanessa Decker, who was given a 4-year suspended sentence in 2008 on a charge of exploiting her own mother.

Last year, the state Court of Appeals upheld Decker's conviction.

Decker was convicted in Clay County of felony exploitation of a vulnerable adult for taking $4,120 from her mother's bank account between November 2005 and April 2007. She said she had permission.

The Supreme Court says a jury instruction given by the trial judge conflicted with Decker's indictment. The court said the failure of the judge to correct the mistake required the conviction to be overturned.

Decker had argued the law under which she was convicted was vague. The Supreme Court did not discuss that issue.



Mont. Supreme Court rules against Paws Up
Legal Career News | 2011/06/19 10:53

The Montana Supreme Court has reversed a lower court and ruled that a Montana construction company can either collect a debt or foreclose on a high-end guest ranch involved in a decade-long financial fight.

The Independent Record reports that the high court on Tuesday ruled that the owner of Paws Up used a "shell" corporation to try to avoid paying Helena-based Dick Anderson Construction.

Paws Up is owned by Monroe Property Co., which is controlled by David Lipson, the former CEO of the haircut chain Supercuts.

In 2001 Anderson filed a lawsuit seeking to collect the final $800,000 on the $10 million project. Arbitrators awarded Anderson about $1.4 million in 2005 in damages, interest and attorney's fees.



Court lets class action against Bayer proceed
Class Action News | 2011/06/16 14:05

The Supreme Court will let two West Virginia residents revive a lawsuit against Bayer AG over its anti-cholesterol drug Baycol, which was withdrawn from the market in 2001 after reports of a severe and sometimes fatal muscle disorder.

The high court on Thursday unanimously agreed to let Kevin Smith and Shirley Sperlazza's class-action lawsuit against Bayer go forward.

The 8th U.S. Court of Appeals had thrown out their lawsuit out after a federal judge overseeing multistate litigation against Bayer refused to let other West Virginians file a similar class-action lawsuit against the corporation.

The high court said that decision was incorrect.



High court upholds Ala. man's conviction
Court Feed News | 2011/06/16 13:58

The Supreme Court has upheld the criminal conviction of an Alabama man even though the justices agreed the police search that produced incriminating evidence was illegal.

The high court's 7-2 ruling Thursday against Willie Gene Davis highlighted an unusual series of events. Between Davis' arrest and a federal appeals court ruling affirming his conviction, the Supreme Court put new limits on the ability of police to search a vehicle immediately after a suspect is arrested.

The question for the justices was whether to invoke the exclusionary rule that generally requires evidence to be suppressed if it results from a violation of a suspect's Fourth Amendment right to be free from unreasonable searches. In this case, the court said, the good-faith efforts of the officers overrode that concern.



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