Headline Legal News 2018/10/06 10:51
A court-appointed expert in a case with national implications for addressing the opioid epidemic is recommending that a pivotal lawsuit move forward.
Drug makers, distributors and pharmacies had argued that a lawsuit filed by Summit County, Ohio, should be dismissed. The case is among more than 1,000 cases filed by local and state governments against the industry in federal courts.
They have been consolidated under U.S. District Judge Dan Polster in Cleveland. He is pushing the companies and governments to reach a settlement, but also has scheduled trials for the case from Summit County and some other places for next year.
They would serve as test cases for rulings in other lawsuits. Polster has given the parties two weeks to object to a special master's report issued Friday.
Headline Legal News 2018/10/05 16:12
A deeply divided Senate pushed Brett Kavanaugh's Supreme Court nomination past a key procedural hurdle Friday, setting up a likely final showdown this weekend in a battle that's seen claims of long-ago sexual assault by the nominee threaten President Donald Trump's effort to tip the court rightward for decades.
The Senate voted 51-49 to limit debate, effectively defeating Democratic efforts to scuttle the nomination with endless delays. With Republicans clinging to a two-vote majority, one Republican voted to stop the nomination, one Democrat to send it further.
Of the four lawmakers who had not revealed their decisions until Friday, Republican Sens. Susan Collins of Maine and Jeff Flake of Arizona voted yes, as did Democrat Joe Manchin of West Virginia. Republican Lisa Murkowski of Alaska voted not to send the nomination to the full Senate.
Lawmakers might vote differently on the climactic confirmation roll call, and Collins told reporters that she wouldn't rule out doing so. That left unclear whether Friday's tally signaled that the 53-year-old federal appellate judge was on his way to the nation's highest court. Confirmation would be a crowning achievement for Trump, his conservative base and Senate Majority Leader Mitch McConnell, R-Ky.
The vote occurred a day after the Senate received a roughly 50-page FBI report on the sexual assault allegations, which Trump ordered only after wavering GOP senators forced him to do so.
Republicans said the secret document — which described interviews agents conducted with 10 witnesses — failed to find anyone who could corroborate allegations by his two chief accusers, Christine Blasey Ford and Deborah Ramirez. Democrats belittled the bureau's findings, saying agents constrained by the White House hadn't reached out to numerous other people with potentially important information.
The vote also occurred against a backdrop of smoldering resentment by partisans on both sides. That fury was reflected openly by thousands of boisterous anti-Kavanaugh demonstrators who bounced around the Capitol complex for days, confronting senators in office buildings and even reportedly near their homes.
Court Watch 2018/10/04 16:13
Rose Mary Knick makes no bones about it. She doesn't buy that there are bodies buried on her eastern Pennsylvania farmland, and she doesn't want people strolling onto her property to visit what her town says is a small cemetery.
Six years ago, however, Knick's town passed an ordinance that requires anyone with a cemetery on their land to open it to the public during the day. The town ordered Knick to comply, threatening a daily fine of $300 to $600 if she didn't. Knick's response has been to fight all the way to the U.S. Supreme Court, which heard arguments in her case Wednesday.
"Would you want somebody roaming around in your backyard?" Knick asked during a recent interview on her Lackawanna County property, which is posted with signs warning against trespassing.
Her neighbors in Scott Township, the Vail family, say they just want to visit their ancestors' graves.
The Supreme Court isn't going to weigh in on whether there's a cemetery on Knick's land. Instead, it's considering whether people with property rights cases like Knick's can bring their cases to federal court or must go to state court, an issue groups nationwide are interested in.
Knick, 69, says her town's ordinance wouldn't protect her if people injure themselves on her land and sue. And she says if the town is going to take her private property and open it up to the public, they should pay her. She says she believes that the town was trying to make an example out of her for questioning lawmakers' decisions.
Attorney News 2018/10/03 16:17
India on Thursday deported its first group of Rohingya Muslims since the government last year ordered the expulsion of members of the Myanmar minority group and others who entered the country illegally.
The deportation was carried out after the Supreme Court rejected a last-minute plea by the seven men's lawyer that they be allowed to remain in India because they feared reprisals in Myanmar. They were arrested in 2012 for entering India illegally and have been held in prison since then.
Indian authorities handed the seven over to Myanmar officials at a border crossing in Moreh in Manipur state, a police officer said on condition of anonymity because he was not authorized to talk to reporters. Each carried a bag of belongings.
The Supreme Court said it would allow their deportation because Myanmar had accepted them as citizens. Government attorney Tushar Mehta told the judges that Myanmar had given the seven certificates of identity and 1-month visas to facilitate their deportation.
Most Rohingya Muslims in Buddhist-majority Myanmar are denied citizenship and face widespread discrimination.
Defense attorney Prashant Bhushan said the government should treat them as refugees, not as illegal migrants, and send a representative of the U.N. High Commissioner for Refugees to talk to them so they would not be deported under duress.
About 700,000 Rohingya have fled to Bangladesh since August 2017 to escape a brutal campaign of violence by Myanmar's military.
An estimated 40,000 other Rohingya have taken refuge in parts of India. Less than 15,000 are registered with the U.N. High Commissioner for Refugees.
Many have settled in areas of India with large Muslim populations, including the southern city of Hyderabad, the northern state of Uttar Pradesh, New Delhi, and the Himalayan region of Jammu-Kashmir. Some have taken refuge in northeast India bordering Bangladesh and Myanmar.
Lawyer Blog Post 2018/10/02 09:20
The U.S. Supreme Court won't review an Obama-era action that put land around the Grand Canyon off-limits to new mining claims, ending the legal battle as environmentalists keep a close eye on actions by the Trump administration that they fear could lead to more access for the mining industry.
The Obama administration put about 1,562 square miles (4,045 square kilometers) outside the boundaries of the national park off-limits to new hard rock mining claims until 2032. The 20-year ban was meant to slow a flurry of mining claims over concern that the Colorado River — a major water source serving 30 million people — could become contaminated and to allow for scientific studies.
The mining industry asked the Supreme Court in March to review the ban, saying it was based on an unconstitutional provision of federal law. The high court on Monday declined the request, leaving the ban in place.
"Clearly, we're disappointed," said Ashley Burke, a spokeswoman for the National Mining Association. "There continues to be great risk to our domestic supply chain thanks to unwarranted withdrawals like this." Burke said the association will continue advocating for land access. The American Exploration and Mining Association also challenged the ban. Environmentalists hailed the court's decision but are worried the ban could be undone administratively.
Headline Legal News 2018/10/02 00:47
The Supreme Court is refusing to hear an appeal from a California billionaire who doesn't want to open a road on his property so that the public can access a beach.
The justices said Monday that they will not take up Vinod Khosla's appeal of a California appeals court decision. The case had the potential to upend California's longstanding efforts to keep beaches open to the public.
Khosla bought the property in the San Francisco Bay Area for $32.5 million in 2008 and later blocked the public from accessing it. That prompted a lawsuit by the nonprofit Surfrider Foundation.
A state appeals court ruled last year that Khosla needed to apply for a coastal development permit before denying public access.
Khosla — a venture capitalist who co-founded the Silicon Valley technology company, Sun Microsystems — closed a gate, put up a no-access sign and painted over a billboard at the entrance to the property that had advertised access to the beach, according to the appellate ruling.
The secluded beach south of Half Moon Bay, about 35 miles (56 kilometers) south of San Francisco, is only accessible by a road that goes over Khosla's land.
The previous owners of the property allowed public access to the beach for a fee. But Khosla's attorneys say the cost to maintain the beach and other facilities far exceeded revenue from the fees.
The government cannot demand that people keep their private property open to the public without paying them to do so, Khosla's attorneys said in their appeal to the U.S. Supreme Court.
The state appeals court ruling would "throw private property rights in California into disarray," the appeal argued, saying other property owners along California's coast would prefer to exclude the public.
The Surfrider Foundation said Khosla's appeal to the U.S. Supreme Court was premature because he had not yet applied for a permit and received a decision from the state.