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Brazilian court revives case against Olympian Ryan Lochte
Business Law Info | 2017/10/30 01:48
Over the summer, it appeared Ryan Lochte had been cleared of criminal charges in Brazil after he was accused of fabricating a story about getting robbed at gunpoint in Rio de Janeiro during the 2016 Olympics. On Friday, a decision made by an appeals court that originally ruled the case should be dismissed was reversed, according to USA Today, which cited Brazilian newspaper O Globo. The ruling came after Rio's prosecutor's office filed its own appeal.

"I'm disappointed that they're trying to take another shot at it," Lochte's attorney Jeff Ostrow told USA Today. "I think they should just let it die because they lost and because he didn't do anything wrong. But for whatever reason, they want to try to save face and continue this charade, let them do what they gotta do and we'll continue to fight it because we believe we're right."

Ostrow said he will now attempt to halt further proceedings by filing his own legal motion. If the case continues, Lochte could once again be facing a sentence of one to six months in jail should he be convicted of a misdemeanor offense of fabrication, although he would be unlikely to serve it. The reason, according to CNBC, is that Lochte would need to be extradited to Brazil, which would require U.S. cooperation. Under agreed upon terms with Brazil, extradition only applies in the case of more serious offenses, such as murder or rape.

Lochte's alleged offense was making up a tale inspired by a confrontation between him and three other U.S. swimmers and security at a gas station. After the incident, Lochte embarked on a media tour telling the world he was robbed at gunpoint by criminals posing as Rio police. With Rio authorities trying to downplay the city's crime rate, however, Lochte's allegations sparked an investigation. Eventually security camera footage revealed Lochte's story was untrue.


Florida court sides with Gov. Scott in nursing home battle
Business Law Info | 2017/10/22 01:22
Florida Gov. Rick Scott has won the first round in a legal tug-of-war over his mandate that nursing homes and assisted living facilities install generators.

The 1st District Court of Appeal on Thursday rejected a legal challenge to emergency rules put in place by the Scott administration. A panel of judges split 2-1 over the challenge. The court has not yet issued a full opinion explaining the decision.

Groups that represent nursing homes and assisted living facilities asked the appeal court to review whether or not there was an emergency that warranted the rules. A separate legal challenge to the actual rules is still ongoing.

Scott issued his order after residents at the Rehabilitation Center at Hollywood Hills died in the days after Hurricane Irma wiped out power to much of South Florida.




High court to hear appeal in Newtown gun maker lawsuit
Business Law Info | 2017/10/17 01:23
The appeal of a decision to dismiss a wrongful death lawsuit against the maker of the rifle used in the 2012 Newtown school shooting is headed to Connecticut's highest court next month.

The state Supreme Court will begin hearing arguments Nov. 14 in the civil case brought against North Carolina-based Remington Arms by some of the Newtown victims' families.

A Superior Court judge dismissed the case last year. At issue were exceptions to a federal ban on most lawsuits against gun makers. The judge rejected the families' argument that the suit is allowed under the exceptions.

Newtown shooter Adam Lanza used a Remington-made, AR-15-style rifle to kill 20 children and six educators.



Supreme Court rejects free speech appeal in sexting case
Business Law Info | 2017/10/10 16:53
The Supreme Court has turned away a free-speech appeal from a former school lunch server in Minnesota who was charged with sexting a 15-year-old student.
The justices did not comment Tuesday in allowing the criminal case against Krista Muccio to proceed.

Muccio was charged with sending words and photos of a sexual nature to the student. The teen's father found them on his son's Instagram account.

A Minnesota appeals court had struck down a state law aimed at adults who use social media to lure children into sexual encounters. The state's Supreme Court overruled the lower court.


German court sends ECB challenge to European court
Business Law Info | 2017/08/15 16:42
Germany's top court has declined to hear a series of challenges to the European Central Bank's bond-buying stimulus program, referring them instead to the European Court of Justice.

The dpa news agency reports Tuesday that those against the program claimed it constituted illegal budget financing and that Germany's central bank should not be participating.

The Federal Constitutional Court ruled that because the challenge was about European Union regulations, it was up to the European court to decide.

The ECB's 2.28 trillion euro ($2.7 trillion) bond-purchasing program is only due to run through 2017, raising the question of whether the case can be heard before the program has already ended.



A Supreme Court pharma case deals consumers a big loss
Business Law Info | 2017/08/12 23:43
In the war being waged by large corporations against individual rights — and, yes, it is a war — a potentially decisive battle was recently fought. It will come as little surprise to any informed observer of American society that it was not the little guy who won.

The U.S. Supreme Court case of Bristol-Myers Squibb Co. vs. Superior Court of California, which was decided in favor of BMS in June, may seem like an arcane question of legal jurisdiction. It’s anything but.

The case centered on a drug called Plavix that BMS developed. Plavix, also known by its generic name, clopidogrel, is an anti-platelet used to prevent blood from clotting inside blood vessels. Ever since the drug was approved by the FDA in 1997, thousands of people have claimed that it caused them gastrointestinal bleeding, severe bleeding from relatively minor cuts, and even brain damage.

Even though the company had significant business activities in California, as well as sales of Plavix and other drugs, a contract with a California distributor to distribute Plavix nationally, and employed hundreds of people in the state, BMS argued that California state courts could not exercise “personal jurisdiction” over the company for claims brought on behalf of people who lived, used Plavix, and were allegedly injured by the drug outside of California.

The Supreme Court’s ruling in favor of BMS is a staggering blow for millions of Americans harmed each year by the reckless and abusive behavior of pharmaceutical companies. The decision raises an almost insurmountably high hurdle between victims and their hopes for obtaining justice in state courts throughout the country.

By foreclosing to plaintiffs’ state court venues other than those where these companies are “at home” — generally meaning where they are headquartered or incorporated — the Supreme Court has placed an almost impossible burden on state court litigants. They will now be forced to sue in far-off courts, convince experts to travel out of state to testify, and shuttle between their home states and wherever the drug company is at home. Their alternative will be pursing claims in federal court — but still also likely in a different state — where they will be subject to different laws, rules, and standards to prove their claims.



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