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High Court ruling may hurt claims of talc link to cancer
Class Action News | 2017/06/21 17:21
A Supreme Court ruling this week could have a "chilling effect" on the many lawsuits filed in St. Louis claiming talcum powder causes a deadly form of cancer in women, including cases under appeal in which stricken women and their survivors have been awarded more than $300 million, experts said Tuesday.

Justices ruled 8-1 Monday that hundreds of out-state-residents can't sue Bristol-Myers Squibb Co. in California state court over adverse reactions to the blood thinner Plavix. It followed a similar ruling in May related to out-of-state injury claims against BNSF Railway Co. Both were seen as wins for companies opposed to "venue shopping," in which those filing suit seek out favorable state courts.

Almost immediately after the Supreme Court ruling, St. Louis Circuit Judge Rex Burlison declared a mistrial in a Missouri state court case in which three plaintiffs, two from out-of-state, sued Johnson & Johnson, claiming its talcum powder caused ovarian cancer.

More than 1,000 others have filed similar lawsuits in St. Louis against Johnson & Johnson, but most don't live in Missouri. Five trials have already taken place over the past 16 months. In four of those cases, jurors awarded more than $300 million combined.

Johnson & Johnson believes that the Supreme Court ruling "requires reversal of the talc cases that are currently under appeal in St. Louis," spokeswoman Carol Goodrich said in an email. She said the ruling "makes it clear that Johnson & Johnson was wrongfully forced to defend itself in multiple trials in Missouri, a state with no connection to the plaintiffs."

Jim Onder, whose suburban St. Louis-based law firm is representing many women and survivors who filed suit, said Missouri is a proper venue because Johnson & Johnson, though based in New Jersey, uses a factory in Union, Missouri, to package and label talcum products.


Court: Russian hacker can be extradited to US or Russia
Class Action News | 2017/05/27 14:48
A Czech court ruled Tuesday that a Russian man who faces charges of hacking computers at American companies can be extradited either to the United States or Russia — and the suspect immediately appealed his possible extradition to the United States.

Czech authorities arrested Yevgeniy Nikulin in Prague on Oct. 5 in cooperation with the FBI after Interpol issued an international warrant. He is accused of hacking computers and stealing information from LinkedIn, Dropbox and other companies.

Moscow also wants him extradited on a separate charge of internet theft in 2009. Russian officials had previously said they were working to prevent his extradition to the U.S.

Judge Jaroslav Pytloun ruled Tuesday that the extradition requests from both countries meet all the necessary legal conditions.

The 29-year-old has denied wrongdoing.

"I'm innocent," Nikulin said through a translator at the hearing Tuesday. "I haven't done anything illegal. I have nothing to do with that."

Nikulin appealed his extradition to the United States. He has three days to decide if he will agree to being extradited to Russia.

Justice Minister Robert Pelikan will have the final say on where Nikulin goes after Prague's High Court decides on his appeal.

Nikulin's defense lawyers have rejected the U.S. charges, saying they are based on one FBI agent, and suggested the U.S. was seeking him for political reasons — to use him as a pawn in the investigation into alleged Russian hacking in the U.S. election.



Ohio Supreme Court justice backs legalizing marijuana
Class Action News | 2017/05/19 00:52
An Ohio Supreme Court justice who’s mulling a run for governor thinks it’s time for the state to decriminalize marijuana.

Justice William O’Neill, the lone Democrat holding an Ohio statewide office, said making marijuana legal is working in Colorado and doing it in Ohio would bring hundreds of millions of dollars in sales taxes.

O’Neill announced earlier this year that he’s considering stepping down and making a run for governor, but he doesn’t plan on making a decision until the end of the year.

In a speech mixed with his analysis of last year’s presidential election and thoughts about problems facing the state, O’Neill said he not only wants to legalize marijuana but also release all non-violent marijuana offenders from prison.

Doing those two things would generate an estimated $350 million to both combat drug addiction and create a mental health network run by the state, he told members of the Wayne County Democratic Party on Friday night.

“The time has come for new thinking,” O’Neill said in his prepared remarks. “We regulate and tax alcohol and tobacco and imprison people for smoking grass.”

He said the Democratic Party needs new ideas in 2018 if it wants to knock off Republicans who control all branches of Ohio government.

O’Neill wants to see the Ohio Department of Mental Health re-open the network of state hospitals that were closed decades ago and change how the state deals with addiction.

“Treat addiction like the disease it is in the name of compassion,” he said.

There’s already a crowded field lining up on both sides of the governor’s race.

For the Democrats, Dayton Mayor Nan Whaley, former U.S. Rep. Betty Sutton, former state Rep. Connie Pillich and state Sen. Joe Schiavoni are making runs.

The field on the Republican side includes U.S. Rep. Jim Renacci and Secretary of State Jon Husted while Lt. Gov. Mary Taylor and Attorney General Mike DeWine are widely expected to seek the GOP nomination.



Court likely to question if Trump's travel ban discriminates
Class Action News | 2017/05/15 21:42
For the second time in a week, government lawyers will try to persuade a federal appeals court to reinstate President Donald Trump's revised travel ban — and once again, they can expect plenty of questions Monday about whether it was designed to discriminate against Muslims.

A three-judge panel of the 9th U.S. Circuit Court of Appeals has scheduled arguments in Seattle over Hawaii's lawsuit challenging the travel ban, which would suspend the nation's refugee program and temporarily bar new visas for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen.

Last week, judges on the 4th Circuit Court of Appeals heard arguments over whether to affirm a Maryland judge's decision putting the ban on ice. They peppered Acting Solicitor General Jeffrey Wall with questions about whether they could consider Trump's campaign statements calling for a ban on Muslims entering the U.S., with one judge asking if there was anything other than "willful blindness" that would prevent them from doing so.

Monday's arguments mark the second time Trump's efforts to restrict immigration from certain Muslim-majority nations have reached the San Francisco-based 9th Circuit.

After Trump issued his initial travel ban on a Friday in late January, bringing chaos and protests to airports around the country, a Seattle judge blocked its enforcement nationwide — a decision that was unanimously upheld by a three-judge 9th Circuit panel.


Appeal in boy's burp arrest case relies on Gorsuch dissent
Class Action News | 2017/05/15 04:43
One of Neil Gorsuch's sharpest dissents as an appeals court judge came just six months before he was nominated for the Supreme Court.

That's when he sided with a New Mexico seventh-grader who was handcuffed and arrested after his teacher said the student had disrupted gym class with fake burps.

Nearly a year later, Gorsuch sits on the nation's higher court and the boy's mother is asking the justices to take up her appeal. She's using Gorsuch's words to argue that she has a right to sue the officer who arrested her son.

The court could act as early as Monday, either to deny the case or take more time to decide.

Justices typically withdraw from cases they heard before joining the Supreme Court, which means Gorsuch probably would not have any role in considering this one. But that hasn't stopped lawyers for the mother from featuring his stinging dissent prominently in legal papers. Gorsuch said arresting a "class clown" for burping was going "a step too far."

"If a seventh-grader starts trading fake burps for laughs in gym class, what's a teacher to do?" Gorsuch wrote. "Order extra laps? Detention? A trip to the principal's office? Maybe. But then again, maybe that's too old school. Maybe today you call a police officer. And maybe today the officer decides that, instead of just escorting the now compliant thirteen-year-old to the principal's office, an arrest would be a better idea."

Whether the Supreme Court ultimately takes the case or not may have nothing to do with Gorsuch. The justices have repeatedly turned away disputes over school disciplinary policies. Or they may decide it's not important enough for the court to intervene.

The appeal comes as some school districts have been rolling back "zero tolerance" discipline policies that expanded in the 1990s. The shift is aimed at preventing students from getting caught up in the criminal justice system.


Connecticut court takes up doctor-patient confidentiality
Class Action News | 2017/05/02 06:49
The Connecticut Supreme Court will be deciding an issue that most people may think is already settled — whether medical providers have a duty to keep patients' medical records confidential.

A trial court judge in Bridgeport, Richard Arnold, ruled in 2015 that Connecticut law, unlike laws in many other states, has yet to recognize a duty of confidentiality between doctors and their patients, or that communications between patients and health care providers are privileged under common law.

The decision came in a paternity case where a doctors' office in Westport sent the medical file of a child's mother without her permission to a probate court under a subpoena issued by the father's lawyer — not a court — and the father was able to look at the file.

The mother, Emily Byrne, a former New Canaan resident now living in Montpelier, Vermont, sued the Avery Center for Obstetrics & Gynecology in 2007 for negligence in failing to protect her medical file and infliction of emotional distress. She alleges the child's father used her highly personal information to harass, threaten and humiliate her, including filing seven lawsuits and threatening to file criminal complaints.

But Arnold dismissed the claims, saying "no courts in Connecticut, to date, recognized or adopted a common law privilege for communications between a patient and physicians."

The state Supreme Court is scheduled to hear arguments in the case Monday. Byrne, a nurse, referred questions to her lawyer, Bruce Elstein, who said the case will result in an important, precedent-setting decision by the Supreme Court.

"The confidentiality of medical information is at stake," Elstein said. "If the court rules in the Avery Center's favor, the tomorrow for medical offices will be that no patient communications are privileged. Their private health information can be revealed without their knowledge or consent."

A lawyer for the Avery Center didn't return messages seeking comment. The concept of doctor-patient confidentiality dates back roughly 2,500 years to the ancient Greek physician Hippocrates and the famous oath named after him that includes a pledge to respect patients' privacy.



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