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Supreme Court accepts appeal over vaccine safety
Court Feed News |
2010/03/09 17:16
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The justices Monday agreed to decide whether drug makers can be sued outside a special judicial forum set up by Congress in 1986 to address specific claims about safety.
The so-called vaccine court has handled such disputes and was designed to ensure a reliable, steady supply of the drugs by reducing the threat of lawsuits against pharmaceutical firms. The questions in the latest case are whether such liability claims can proceed, if the vaccine-related injuries could have been avoided by better product design, and if federal officials had approved another, allegedly safer drug. Oral arguments in the dispute will be held in the fall.
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Lawyer cheated south suburb out of $1 million
Headline News |
2010/03/08 17:11
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A longtime municipal attorney is alleged to have stolen at least $1 million - and perhaps as much as $3 million - from the village of Calumet Park, where he grew up, according to prosecutors and others familiar with the matter. Mark J. McCombs, of Chicago, worked for nine years as the village's special counsel for development and is accused of a fraudulent billing scheme meant to bolster his position at the Chicago law firm where he worked until Friday. Village records show McCombs billed the village for tens of thousands of dollars each month for work that apparently never was done. He helped himself to property tax revenue that flowed into accounts of Calumet Park's tax increment financing districts. "The billing was a joke. He didn't do any work," said Burt Odelson, the village attorney. Cook County prosecutors Friday charged McCombs, 50, of the 1300 block of Flournoy Street, with one felony count of theft of government funds in excess of $100,000. McCombs, who faces six to 30 years in prison if convicted, pleaded innocent. Bail was set at $25,000. McCombs was an attorney and shareholder with Greenberg Traurig, a global law firm that employs nearly 1,800 attorneys and has offices in the United States, Asia and Europe. He's accused of billing the village at least $1 million for work he never performed, but a village official pegged the number at closer to $3 million. McCombs wired the cash to his law firm in a scheme designed to boost his reputation as a moneymaker and to give him greater visibility and a higher pay rate at the firm, Assistant State's Attorney John Mahoney said in court. Greenberg Traurig fired McCombs on Friday afternoon after learning of the charges and had no previous knowledge of his alleged misdeeds, according to Jill Perry, managing director of the firm.
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Supreme Court will hear case about vaccine side effects
Lawyer Blog News |
2010/03/08 17:07
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The Supreme Court will decide whether drug makers can be sued by parents who claim their children suffered serious health problems from vaccines. The justices on Monday agreed to hear an appeal from parents in Pittsburgh who want to sue Wyeth over the serious side effects their daughter, six months old at the time, allegedly suffered as a result of the company's diphtheria, tetanus and pertussis vaccine. The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled against Robalee and Russell Bruesewitz, saying a 1986 federal law bars their claims. That law set up a special vaccine court to handle disputes as part of its aim of insuring a stable vaccine supply by shielding companies from most lawsuits. Wyeth, now owned by Pfizer, Inc., prevailed at the appeals court but also joined in asking the court to hear the case, saying it presents an important and recurring legal issue that should be resolved. The Obama administration joined the parties in calling for high court review, although the government takes the side of the manufacturers. |
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Court will decide if NASA checks can continue
U.S. Legal News |
2010/03/08 17:06
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The Supreme Court on Monday agreed to referee a dispute between NASA and some of its independent contractors over required security checks, a decision that could affect how the federal government investigates the background of current and future employees. The justices agreed to hear an appeal from the space agency, which had its worker investigations at Jet Propulsion Laboratory in California blocked after the 9th U.S. Circuit Court of Appeals said the questions threatened the constitutional rights of workers. The high court's decision in this case could throw into question the background checks routinely done on all federal government workers. While the case before the court deals solely with whether to dissolve the temporary restraining order placed on NASA's background checks at the Jet Propulsion Laboratory, NASA said in its filings that the forms in question "are the same ones that have long been used to conduct background checks for applicants for federal employment." Twenty-eight scientists and engineers from the Jet Propulsion Laboratory sued the federal government after NASA required them to submit to background checks. They said the agency was invading their privacy by requiring the investigations, which included probes into medical records and questioning of friends about everything from their finances to their sex lives. |
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Federal judge allows Rumsfeld torture suit to proceed
Lawyer Blog News |
2010/03/08 13:12
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A judge for the US District Court for the Northern District of Illinois on Friday denied a motion to dismiss a torture suit brought against former defense secretary Donald Rumsfeld by two American citizens captured while working in Iraq. Judge Wayne Andersen dismissed two other counts but allowed the count alleging the plaintiffs were subject to cruel and degrading treatment methods during their detention.
The plaintiffs, Donald Vance and Nathan Ertel, were working for a private Iraqi security firm called Shield Group Security. There they witnessed suspicious activity that they reported to US authorities, but they were later arrested by US forces and detained without representation.
The plaintiffs brought a cause of action recognized in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics [opinion text] against Rumsfeld, claiming that he was personally responsible for the alleged unconstitutional treatment they faced while in detention. While allowing the suit seems in conflict with the recent decision in Ashcroft v. Iqbal, which extended heightened pleading requirements under Fed. R. Civ. P. 8(a)beyond antitrust cases, the judge wrote that Iqbal "requires vigilance on our part to ensure that claims which do not state a plausible claim for relief are not allowed to occupy the time of high-ranking government officials," but is not supposed to be a "categorical bar on claims against" them.
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Yukos vs Russia face off in European court
Legal World News |
2010/03/05 19:08
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Thousands of miles (kilometers) from the Siberian jail where its founder is imprisoned, representatives of the ruined Russian oil giant Yukos and the Russian government will meet face to face for the first time at the European Court of Human Rights this week as the dismantled company seeks to prove that its rights were violated. Fearful it would never get a fair day in a Russian court, Yukos representatives filed a complaint with the European court on April 24, 2004 on the ground that it was "targeted by the Russian authorities with tax and enforcement proceedings, which eventually led to its liquidation." Six years later, Thursday's hearing is a milestone in Yukos' efforts to win acknowledgment that the Russian government's actions were "unlawful, disproportionate, arbitrary and discriminatory, and amounted to disguised expropriation" of the company. Russian authorities had accused Yukos of shady deals and shell companies used to hide revenue from tax authorities. Russian authorities began pursuing Yukos in 2002 on allegations of tax fraud. Through the courts, they ultimately froze its assets, forced it to sell its shares in other companies and declared it insolvent in 2006 before the company was finally liquidated a year later. Mikhail Khodorkovsky, the former oligarch who founded the company in the chaotic years that followed the Soviet collapse, was convicted on charges of fraud and tax evasion and has been imprisoned since 2003. Yukos would not give up the fight, however, and representatives of the company's entities that managed to survive kept pressing the complaint they filed with the European court, which was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. |
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