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China sentences lawyer who reported on outbreak to 4 years
Legal Career News |
2020/12/29 03:48
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A Chinese court on Monday sentenced a former lawyer who reported on the early stage of the coronavirus outbreak to four years in prison on charges of “picking fights and provoking trouble,” one of her lawyers said.
The Pudong New Area People’s Court in the financial hub of Shanghai gave the sentence to Zhang Zhan following accusations she spread false information, gave interviews to foreign media, disrupted public order and “maliciously manipulated” the outbreak.
Lawyer Zhang Keke confirmed the sentence but said it was “inconvenient” to provide details ? usually an indication that the court has issued a partial gag order. He said the court did not ask Zhang whether she would appeal, nor did she indicate whether she would.
Zhang, 37, traveled to Wuhan in February and posted on various social media platforms about the outbreak that is believed to have emerged in the central Chinese city late last year.
She was arrested in May amid tough nationwide measures aimed at curbing the outbreak and heavy censorship to deflect criticism of the government’s initial response. Zhang reportedly went on a prolonged hunger strike while in detention, prompting authorities to forcibly feed her, and is said to be in poor health.
China has been accused of covering up the initial outbreak and delaying the release of crucial information, allowing the virus to spread and contributing to the pandemic that has sickened more than 80 million people worldwide and killed almost 1.8 million. Beijing vigorously denies the accusations, saying it took swift action that bought time for the rest of the world to prepare.
China’s ruling Communist Party tightly controls the media and seeks to block dissemination of information it hasn’t approved for release. In the early days of the outbreak, authorities reprimanded several Wuhan doctors for “rumor-mongering” after they alerted friends on social media. The best known of the doctors, Li Wenliang, later succumbed to COVID-19. |
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Trump plan to curb drug costs dealt setback in court
Employment Law |
2020/12/24 21:49
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A late-term maneuver by President Donald Trump to use lower drug prices paid overseas to limit some of Medicare’s own costs suffered a legal setback Wednesday that appears likely to keep the policy from taking effect before the president leaves office.
U.S. District Judge Catherine C. Blake in Baltimore issued a nationwide injunction that prevents the Centers for Medicare and Medicaid Services, or CMS, from carrying out the so-called “most favored nations” rule as scheduled on Jan. 1. The judge wrote in her temporary order that CMS had failed to follow required procedures for notice and comment before imposing such sweeping changes.
The Trump regulation would tie what Medicare pays for certain drugs administered in a doctor’s office to the lowest price paid among a group of economically advanced countries. It would apply to 50 medications that account for the highest spending under Medicare’s “Part B” benefit for outpatient care.
That group includes cancer drugs and other medications delivered by infusion or injection. Trump announced his new policy at the White House before the Thanksgiving holiday, saying, “the drug companies don’t like me too much. But we had to do it.”
A coalition of groups including the Association of Community Cancer Centers and the Pharmaceutical Research and Manufacturers of American quickly sued to block the rule. Some opponents have likened the Trump policy to a form of socialist price controls.
Blake wrote that the plaintiffs had established a reasonable likelihood their arguments accusing the administration of cutting corners in a rush to regulate would carry the day in a trial. Federal law says that government agencies must provide adequate opportunity for affected parties to comment on proposed regulations. The administration had sought to use emergency authority as a work-around.
The case is hardly trivial, the judge said. “This case deals with a regulation that would for the first time implement the use of a price control mechanism not provided for by Congress,” Blake wrote.
The Health and Human Services department said it is reviewing the ruling, and had no immediate comment.
Trump came into office accusing drug companies of “getting away with murder” and promising to slash costs for American patients. But his administration was unable to drive major drug pricing legislation through Congress.
Even if the Trump rule is ultimately blocked, the idea of using international prices to lower costs for Americans is very much alive. It’s at the heart of House Speaker Nancy Pelosi’s legislation to empower Medicare to negotiate drug prices. And President-elect Joe Biden also supports the approach.
Blake was nominated to be a U.S. district judge by former Democratic President Bill Clinton. |
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Longtime Wisconsin Supreme Court Justice Abrahamson dies
Court Feed News |
2020/12/20 22:24
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Shirley Abrahamson, the longest-serving Wisconsin Supreme Court justice in state history and the first woman to serve on the high court, has died. She was 87.
Abrahamson, who also served as chief justice for a record 19 years, died Saturday after being diagnosed with pancreatic cancer, her son Dan Abrahamson told The Associated Press on Sunday.
Wisconsin Gov. Tony Evers said in a statement that Abrahamson had a “larger-than-life impact” on the state's legal profession and her legacy is defined “not just by being a first, but her life’s work of ensuring she would not be the last, paving and lighting the way for the many women and others who would come after her.”
Long recognized as a top legal scholar nationally and a leader among state judges, Abrahamson wrote more than 450 majority opinions and participated in more than 3,500 written decisions during her more than four decades on Wisconsin’s highest court. She retired in 2019 and moved to California to be closer with her family.
In 1993, then-President Bill Clinton considered putting her on the U.S. Supreme Court, and she was later profiled in the book, “Great American Judges: An Encyclopedia.”
She told the Wisconsin State Journal in 2006 that she enjoyed being on the court.
“It has a mix of sitting, reading and writing and thinking, which I enjoy doing. And it’s quiet. On the other hand, all of the problems I work on are real problems of real people, and it matters to them, and it matters to the state of Wisconsin. So that gives an edge to it, and a stress,” she said.
The New York City native, with the accent to prove it, graduated first in her class from Indiana University Law School in 1956, three years after her marriage to Seymour Abrahamson. The couple moved to Madison and her husband, a world-renowned geneticist, joined the University of Wisconsin-Madison faculty in 1961. He died in 2016.
She earned a law degree from UW-Madison in 1962, then worked as a professor and joined a Madison law firm, hired by the father of future Gov. Jim Doyle.
Appointed to the state's high court by then-Gov. Patrick Lucey in 1976, Abrahamson won reelection four times to 10-year terms, starting in 1979. She broke the record for longest-serving in justice in 2013, her 36th year on the court.
Abrahamson was in the majority when the court in 2005 allowed a boy to sue over lead paint injuries even though he could not prove which company made the product that sickened him — undoing decades of precedent and opening paint companies to lawsuits seeking damages.
But Abrahamson found herself in the minority on several high-profile cases later in her career, including in 2011, when the court upheld the law championed by Republican then-Gov. Scott Walker effectively ending public employee union rights, and again in 2015, when the court ended a politically charged investigation into Walker and conservative groups.
Abrahamson’s health began to fail in 2018, and she frequently missed court hearings. That May, she announced she wouldn’t run again in 2019, and in August, she revealed she has cancer.
Doyle, a former Wisconsin attorney general and two-term governor, called Abrahamson a pioneer and said he sought her advice when he first ran for Dane County district attorney in the 1970s. Doyle's father, who was a federal judge, gave Abrahamson her first job out of law school, Doyle said Sunday. |
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Senate confirms Barrett replacement on federal appeals court
Court Feed News |
2020/12/16 19:28
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The Senate has confirmed an Indiana prosecutor to replace Supreme Court Justice Amy Coney Barrett on a federal appeals court based in Chicago.
Thomas Kirsch, who currently serves as U.S. Attorney for the Northern District of Indiana, will replace Barrett as a judge on the U.S. Court of Appeals for the 7th Circuit. Kirsch was confirmed Tuesday on a 51-44 vote.
Three Democrats Arizona Sens. Kyrsten Sinema and Mark Kelly and West Virginia Sen. Joe Manchin voted for him in what was otherwise a party-line vote. Four Republican senators and Vice President-elect Kamala Harris did not vote.
President Donald Trump named Kirsch as Barrett’s replacement before she was confirmed to the high court in October, and the Senate Judiciary Committee advanced his nomination last week. Kirsch graduated from Indiana University and earned his law degree from Harvard.
Illinois Sen. Dick Durbin, who is expected to become the top Democrat on Judiciary in the next Congress, said Kirsch’s quick nomination and confirmation showed that Trump and Senate Republicans were intent on forcing through as many conservative judges as possible.
“They have kept the nominations assembly line going,″ Durbin said.
Sen. Todd Young, R-Ind., said Kirsch “is a man of character, he’s a man of integrity, and he believes in the rule of law.”
Sen. Mazie Hirono, D-Hawaii, said Kirsch’s nomination is “further entrenching the lack of diversity that is characteristic of President Trump’s judicial nominees,” noting that the appeals court he will join is the only all-white federal appeals court in the country. |
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Supreme Court rejects Republican attack on Biden victory
Business Law Info |
2020/12/12 10:51
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The Supreme Court has rejected a lawsuit backed by President Donald Trump to overturn Joe Biden’s election victory, ending a desperate attempt to get legal issues rejected by state and federal judges before the nation’s highest court and subvert the will of voters.
Trump bemoaned the decision late Friday, tweeting: “The Supreme Court really let us down. No Wisdom, No Courage!”
The high court’s order earlier Friday was a stark repudiation of a legal claim that was widely regarded as dubious, yet embraced by the president, 19 Republican state attorneys general and 126 House Republicans.
Trump had insisted the court would find the “wisdom” and “courage” to adopt his baseless position that the election was the product of widespread fraud and should be overturned. But the nation’s highest court emphatically disagreed.
Friday’s order marked the second time this week that the court had rebuffed Republican requests that it get involved in the 2020 election outcome and reject the voters’ choice, as expressed in an election regarded by both Republican and Democratic officials as free and fair. The justices turned away an appeal from Pennsylvania Republicans on Tuesday.
On Monday, the Electoral College meets to formally elect Biden as the next president. Trump had called the lawsuit filed by Texas against Georgia, Michigan, Pennsylvania and Wisconsin “the big one” that would end with the Supreme Court undoing Biden’s substantial Electoral College majority and allowing Trump to serve another four years in the White House.
In a brief order, the court said Texas does not have the legal right to sue those states because it “has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”
Justices Samuel Alito and Clarence Thomas, who have said previously the court does not have the authority to turn away lawsuits between states, said they would have heard Texas’ complaint. But they would not have done as Texas wanted — setting aside those four states’ 62 electoral votes for Biden — pending resolution of the lawsuit.
Trump complained that “within a flash,” the lawsuit was “thrown out and gone, without even looking at the many reasons it was brought. A Rigged Election, fight on!”
Three Trump appointees sit on the high court. In his push to get the most recent of his nominees, Justice Amy Coney Barrett, confirmed quickly, Trump said she would be needed for any post-election lawsuits. Barrett appears to have participated in both cases this week. None of the Trump appointees noted a dissent in either case.
The four states sued by Texas had urged the court to reject the case as meritless. They were backed by another 22 states and the District of Columbia.
Republican support for the lawsuit and its call to throw out millions of votes in four battleground states was rooted in baseless claims of fraud, an extraordinary display of the party’s willingness to countermand the will of voters. House Republican Leader Kevin McCarthy of California and Minority Whip Steve Scalise of Louisiana were among those joining to support the action.
“The Court has rightly dismissed out of hand the extreme, unlawful and undemocratic GOP lawsuit to overturn the will of millions of American voters,” House Speaker Nancy Pelosi said Friday night.
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Raimondo makes historic nomination to state Supreme Court
Criminal Law Updates |
2020/12/08 19:42
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Gov. Gina Raimondo nominated two women Tuesday to the Rhode Island Supreme Court, including one who, if confirmed, would become not only the first Black justice, but also the first person of color on the state's highest court.
Superior Court Judge Melissa Long was nominated to replace Justice Francis X. Flaherty, who announced his retirement in October.
Long was appointed by Raimondo to the Superior Court in 2017. Before that, she was deputy secretary of state and director of administration in the secretary of state's office. She is a graduate of the University of Virginia and the George Mason University School of Law.
Raimondo also nominated state Sen. Erin Lynch Prata to the high court. She is the chairperson of the Senate Judiciary Committee and would replace Justice Gilbert Indeglia, who retired in June. She has degrees from Boston College and the Catholic University of America law school.
If Long and Lynch Prata are confirmed, the five-member court will be majority female for the first time. Raimondo also announced several other judicial nominations.
The Democratic governor named Linda Rekas Sloan to the Superior Court. If approved, Rekas Sloan would be the first Asian-American on the court.
The governor also named Central Falls Municipal Judge Elizabeth Ortiz to the Family Court bench, making Ortiz the first Latina nominated to the court that oversees child custody, divorce and juvenile matters.
“I am thrilled to appoint this group of talented public servants to our state’s highest courts,” Raimondo said in a statement. “As governor, one of my most important and sacred responsibilities is to appoint high-caliber judges who reflect the diversity of the Rhode Islanders they serve. I am confident that each of these nominees will fairly and honorably uphold the laws and values of our state.”
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