Court News 2018/04/19 12:00
Britain’s Supreme Court declined Friday to hear an appeal from a mother and father who want to take their terminally ill toddler to Italy for treatment instead of allowing a hospital to remove him from life support.
The decision is another setback for the parents of 23-month-old Alfie Evans, who have been engaged in a protracted legal fight with Alder Hey Children’s Hospital over their son’s care.
The Supreme Court decision means an earlier Court of Appeal ruling will stand. Justices in that court upheld a lower court’s conclusion that it would be pointless to fly the boy to Rome for treatment.
Alfie is in a “semi-vegetative state” as the result of a degenerative neurological condition that doctors have been unable to definitively identify. Earlier court rulings blocked further medical treatment and ordered the boy’s life support to be withdrawn.
In appealing the rulings, Alfie’s parents, Tom Evans, 21, and Kate James, 20, argued their son had shown improvement in recent weeks. But doctors said his condition was irreversible.
Pope Francis prayed Sunday for Alfie and others who are suffering from serious infirmities.
It was the second time the pope offered his views about a case involving a terminally ill British child. In July, Francis spoke out on behalf of Charlie Gard, who died a week before his first birthday from a rare genetic disease after his parents fought in court to obtain treatment for him outside of Britain.
Legal Business 2018/04/18 17:06
President Donald Trump's personal attorney dropped a pair of libel lawsuits against BuzzFeed and investigation firm Fusion GPS amid the stir caused by an FBI search of the lawyer's files.
Michael Cohen had sued in New York City over publication of the unverified dossier detailing alleged ties between Trump and Russia. He dropped the suits late Wednesday amid a separate legal battle over the seizure of documents and electronic files from his home, office and hotel room last week in a federal investigation of possible financial fraud.
The dossier claims that Cohen met with Russian operatives in Europe for a meeting to "clean up the mess" over disclosures of other Trump associates' reported ties to Russia.
Cohen's attorney, David Schwartz, said Thursday the decision to abandon the suits was difficult.
"We believe the defendants defamed my client, and vindicating Mr. Cohen's rights was - and still remains - important," he said in a statement. "But given the events that have unfolded, and the time, attention and resources needed to prosecute these matters, we have dismissed the matters, despite their merits."
In a statement, BuzzFeed called the suit against it meritless.
"Today's news suggests that Donald Trump's personal lawyer no longer thinks an attack on the free press is worth his time," it said.
Fusion GPS said in a statement that it welcomed Cohen's decision.
"With his decision, it appears that Mr. Cohen can now focus on his many other legal travails," it said.
Legal Business 2018/04/17 17:07
Greece's highest court has imposed severe restrictions on the movements of one of eight Turkish servicemen who have applied for asylum in Greece after fleeing Turkey following a failed 2016 coup there, while he waits for a decision on his asylum application.
The Council of State ruled that the officer will remain at an undisclosed address, must appear daily at a local police station and cannot obtain travel documents until his asylum application is determined in May.
Courts had initially granted him asylum, but suspended the decision following a Greek government appeal.
The eight helicopter crewmen, who deny involvement in the attempted putsch, have become a bone of contention in increasingly souring Greek-Turkish relations. Turkey demands they be returned as coup plotters, but Greek courts have rejected the extradition requests.
Court News 2018/04/15 17:07
The Minnesota Supreme Court has upheld a 2015 law limiting State Auditor Rebecca Otto's duties.
Wednesday's unanimous decision ends Otto's years of challenges and mounting legal fees. A district court and the Minnesota Court of Appeals had previously ruled against Otto, triggering her appeal to the Supreme Court.
The legal saga began after the Legislature passed a law allowing more counties to hire private firms for annual financial audits. Otto has argued that law was a constitutional breach of her duties that significantly downgraded the state's oversight of county finances.
But the state's high court disagreed. Wednesday's ruling maintained that the law left the auditor's oversight of those private audits intact. A spokesman for Otto did not immediately return a request for comment.
Legal Insight 2018/04/13 17:04
The Supreme Court is hearing arguments about whether a rule it announced decades ago in a case involving a catalog retailer should still apply in the age of the internet.
The case on Tuesday focuses on businesses' collection of sales tax on online purchases. Right now, under the decades-old Supreme Court rule, if a business is shipping a product to a state where it doesn't have an office, warehouse or other physical presence, it doesn't have to collect the state's sales tax. Customers are generally supposed to pay the tax to the state themselves, but the vast majority don't.
States say that as a result of the rule and the growth of internet shopping, they're losing billions of dollars in tax revenue every year. More than 40 states are asking the Supreme Court to abandon the rule.
Large retailers such as Apple, Macy's, Target and Walmart, which have brick-and-mortar stores nationwide, generally collect sales tax from their customers who buy online. But other online sellers that only have a physical presence in a few states can sidestep charging customers sales tax when they're shipping to addresses outside those states.
Sellers who defend the current rule say collecting sales tax nationwide is complex and costly, especially for small sellers. That complexity was a concern for the Supreme Court when it announced the physical presence rule in a case involving a catalog retailer in 1967, a rule it reaffirmed in 1992. But states say software has now made collecting sales tax easy.
The case the court is hearing has to do with a law passed by South Dakota in 2016, a law designed to challenge the Supreme Court's physical presence rule. The law requires out-of-state sellers who do more than $100,000 of business in the state or more than 200 transactions annually with state residents to collect and turn over sales tax to the state.
The state wanted out-of-state retailers to begin collecting the tax and sued Overstock.com, home goods company Wayfair and electronics retailer Newegg. The state has conceded in court, however, that it can only win by persuading the Supreme Court to do away with its current physical presence rule.
Headline Legal News 2018/04/12 17:04
The Supreme Court won't hear an appeal from a pastor who challenged a state law's noise limit that was used to restrict his anti-abortion protest outside a Planned Parenthood clinic in Portland, Maine.
The justices offered no comment Monday in rejecting the appeal from the Rev. Andrew March. He sued after he said Portland police officers repeatedly told him to lower his voice while he was protesting outside the clinic. March says police invoked a part of the Maine Civil Rights Act that applies to noise outside health facilities.
March says the law "targets pro-life advocates" in violation of the Constitution. A district judge temporarily blocked its enforcement, but the federal appeals court in Boston reversed that ruling.
Clicking 'checkout' could cost more after Supreme Court case
The Supreme Court is hearing a case this week that could affect how much customers pay for online purchases.
At issue is a rule saying that businesses don't have to collect state sales taxes when those businesses ship to a state where they don't have an office, warehouse or other physical presence.
Large retailers with brick-and-mortar stores have to collect sales taxes nationwide, but smaller online sellers can often avoid doing so.
Large retailers say the rule puts them at a competitive disadvantage. States say they're losing out in billions of dollars in tax revenue.
But small businesses that sell online say the complexity and expense of collecting taxes nationwide could drive them out of business.