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Court weighs amputee's case; limits on drug suits
Court Feed News | 2008/11/03 23:34
The Supreme Court appeared likely Monday to decide an amputee's lawsuit against a drug maker based on how much federal regulators knew about an anti-nausea drug's risks in the event of a botched injection.

Several justices indicated that if the U.S. Food and Drug Administration had clear information about the risks of Wyeth Pharmaceuticals' anti-nausea drug Phenergan, and approved its warning label anyway, then Wyeth probably would prevail in its court fight against Diana Levine of Vermont.

But there was considerable skepticism among the justices — and disagreement between the opposing lawyers — that the FDA had a clear picture of the disastrous consequences of improperly giving Phenergan by an intravenous method of injection known as IV push, the fastest way to bring relief to nauseated patients.

"How could the FDA have concluded that IV push was safe and effective," Justice Samuel Alito asked, given that Phenergan is not a lifesaving drug and gangrene can result from improper administration?

Justice Ruth Bader Ginsburg chimed in, "No matter what benefit there was, how could the benefit outweigh that substantial risk?"

Levine, a guitar- and piano-playing musician from Vermont, was in the courtroom for Monday's arguments in Wyeth's appeal of a $6.7 million verdict she won from a state jury.

The jury agreed with Levine's claim that Wyeth failed to provide a strong and clear warning about the risks of IV push, which include that gangrene is likely if the injection accidentally hits an artery. That is precisely what happened to Levine.

The company appealed and, backed by the Bush administration, argued that once a drug's warning label gets FDA approval, consumers cannot pursue state law claims that they were harmed.



Court won't review Golden Venture smuggling case
Court Feed News | 2008/11/02 23:36
A woman convicted for her role in a smuggling conspiracy that ended with the deaths of 10 Chinese immigrants has lost a Supreme Court appeal.

Cheng Chui Ping, better known by her nickname, Sister Ping, was sentenced to 35 years in prison, for heading a large alien smuggling operation. The justices did not comment Monday in denying her appeal of her money laundering conviction.

The conspiracy came to light only after the Golden Venture ran aground in New York City in 1993 in an attempt to unload the 295 passengers crammed inside. The ship's captain deliberately ran aground when no one showed up to meet the passengers. Ten immigrants died trying to swim to shore, while dozens suffered hypothermia and other injuries.

Prosecutors said Sister Ping was a key player in the conspiracy that exploited and abused immigrants, in many cases charging them tens of thousands of dollars for the trips, to be collected from their wages once they arrived in the United States.



US appeals court weighs local Pa. law on illegals
Court Feed News | 2008/10/31 16:19
Lawyers for a small eastern Pennsylvania city asked a federal appeals court Thursday to uphold a local law that would keep illegal immigrants from working or renting apartments there, in a case with national implications.

Cities and municipalities across the country have adopted laws similar to the City of Hazleton's 2006 ordinance. However, a federal judge later called the Hazleton law unconstitutional, and its provisions are not being enforced.

On Thursday, a lawyer for the former coal town argued that the ordinance would not conflict with federal immigration policy set by Congress. But an American Civil Liberties Union lawyer argued that municipalities should not be allowed to set varying standards and restrictions for illegal immigrants.

Congress, in crafting U.S. immigration law, aims to strike a balance between the rights of immigrants, foreign policy concerns, national security and other competing interests, ACLU lawyer Omar C. Jadwat told the three-judge panel.

"That's going to be impossible if Hazleton and other cities strike their own balance," Jadwat said.

The city's Illegal Immigration Relief Act would impose fines on landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. It would also require tenants to register with City Hall and pay for a rental permit.



Court weighs Calif. law on violent video games
Court Feed News | 2008/10/31 01:09
Children in California who want to buy or rent a violent video game without a parent's permission could have that right taken away by a federal appeals panel, which heard arguments on the case Wednesday.

A state law passed in 2005 that tries to limit access to such games is under consideration by a three-judge panel of the 9th U.S. Circuit Court of Appeals.

The state law, which prohibits the sale or rental of the games to anyone under 18 and requires them to be clearly labeled, was struck down last year by a lower court. Video game manufacturers argued that it violates minors' First Amendment rights. Courts in several other states have struck down similar laws.

But California Deputy Attorney General Zackery Morazzini asked the federal appeals panel to uphold the law, saying violent games are just as obscene as the sexually explicit material limited from children by the U.S. Supreme Court.

He said states have every right to help parents who want to keep their children from playing violent video games.

The Video Software Dealers Association and Entertainment Software Association say imposing restrictions on video games could lead to states seeking limited access to other material under the guise of protecting children.



Wash. couple plead not guilty to mistreating girl
Court Feed News | 2008/10/29 01:54
A father and stepmother accused of withholding their 14-year-old daughter's food and water pleaded not guilty Monday to mistreating the girl, who weighed only 48 pounds when authorities removed her from the home.

The girl's father, Jon E. Pomeroy, 43, and stepmother, Rebecca A. Long, 44, each could face three to four years in prison if convicted of criminal mistreatment.

King County Superior Court Judge Cheryl Carey ordered the couple to avoid contact with the girl and her 12-year-old brother, who are both in foster care. The couple declined to comment afterward.

The couple was charged on Oct. 13, two months after the girl was removed from the home near Carnation, about 20 miles east of Seattle, by the state Department of Social and Health Services.

In court documents, a deputy sheriff described the girl as "extremely skinny and pale" and found she weighed only 48 pounds.

Court documents also said that doctors who evaluated the girl found that she was extremely malnourished and that she hadn't gained weight since she was 9.

The girl told investigators she was allowed about 6 ounces of water each day, and was monitored by Long to keep from drinking extra water. Pomeroy was aware of her treatment but did nothing to stop it, the girl said.

Long told police that she used the water restriction to punish her stepdaughter. The son was not similarly mistreated.

Both Long and Pomeroy had been released from the King County Jail after each posted $20,000 bond.



Lawyers seek stay of execution requested by inmate
Court Feed News | 2008/10/28 01:54
A confessed child killer who asked to be put to death shouldn't be executed because he may be incompetent, defense attorneys argued Monday in a motion before the Kentucky Supreme Court.

Marco Allen Chapman's execution was scheduled for Nov. 21 after the Kentucky Supreme Court upheld his sentence last week. Chapman, 36, would be the first inmate put to death in the state in nearly 10 years.

The defense attorneys filed two motions with the Supreme Court on Monday asking for a stay of execution, even though Chapman dismissed them in 2004 before pleading guilty and asking to be put to death.

The public defenders questioned Chapman's competency in one motion for a stay. In another, they argued that Chapman shouldn't be executed until appeals are exhausted in a separate case that questions the validity of Kentucky's execution protocol. That case is pending before the state Supreme Court.

Public defenders Donna Boyce, Randall Wheeler and Emily Rhorer wrote in one of the motions that Chapman "will suffer the most irreparable injury known to law" if the stay isn't granted. "He will be executed before it is determined whether his execution would be legal," they wrote.



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