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Florida court sides with Gov. Scott in nursing home battle
Business Law Info |
2017/10/22 01:22
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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.
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High court to hear appeal in Newtown gun maker lawsuit
Business Law Info |
2017/10/17 01:23
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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.
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Supreme Court rejects free speech appeal in sexting case
Business Law Info |
2017/10/10 16:53
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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. |
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German court sends ECB challenge to European court
Business Law Info |
2017/08/15 16:42
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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.
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A Supreme Court pharma case deals consumers a big loss
Business Law Info |
2017/08/12 23:43
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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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British cybersecurity expert pleads not guilty to US charges
Business Law Info |
2017/08/10 23:43
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A British cybersecurity researcher credited with helping curb a recent worldwide ransomware attack pleaded not guilty Monday to federal charges accusing him of creating malicious software to steal banking information three years ago.
Marcus Hutchins entered his plea in Wisconsin federal court, where prosecutors charged him and an unnamed co-defendant with conspiring to commit computer fraud in the state and elsewhere. Authorities arrested the 23-year-old man on Aug. 2 at McCarran International Airport in Las Vegas, where he was going to board a flight to his home in Ilfracombe, England. He had been in Las Vegas for a cybersecurity convention.
Hutchins is free on $30,000 bail, but with strict conditions. His bond has been modified so that he can stay in Los Angeles near his attorney and travel anywhere in the U.S., but Hutchins is not allowed to leave the country. He is currently staying at a hotel in Milwaukee.
He was also granted access to use a computer for work, a change from an earlier judge's order barring him from using any device with access to the internet. Hutchins' current work wasn't detailed at Monday's hearing. The next hearing in the case was set for Oct. 17.
Hutchins' attorney, Adrian Lobo, hasn't responded to several phone messages left by The Associated Press over the last week.
The legal troubles Hutchins faces are a dramatic turnaround from the status of cybercrime-fighting hero he enjoyed four months ago when he found a "kill switch" to slow the outbreak of the WannaCry virus. It crippled computers worldwide, encrypting files and making them inaccessible unless people paid a ransom ranging from $300 to $600.
Prosecutors allege that before Hutchins won acclaim he created and distributed a malicious software called Kronos to steal banking passwords from unsuspecting computer users. In addition to computer fraud, the indictment lists five other charges, including attempting to intercept electronic communications and trying to access a computer without authorization.
The indictment says the crimes happened between July 2014 and July 2015, but the court document doesn't offer any details about the number of victims. Prosecutors have not said why the case was filed in Wisconsin. The name of Hutchins' co-defendant is redacted from the indictment.
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