Florida CVS stores' suspension put on hold

Court Watch 2012/03/16 10:18   Bookmark and Share
A federal appeals court has put on hold the suspension of two Florida CVS pharmacies that would have prevented them from selling controlled substances.

The court on Wednesday stopped the suspension while it considers an appeal from the stores. The Drug Enforcement Administration had issued the suspension because of alleged lax enforcement of restrictions on a powerful painkiller.

The DEA says the pharmacies were dispensing the painkiller oxycodone far in excess of legitimate needs. CVS says it has taken steps to reduce the prescriptions.

On Tuesday, a federal judge denied the CVS stores' request for a preliminary injunction in the case, but the stores immediately appealed.

The appeals court has already put on hold DEA's suspension of Cardinal Health's Lakeland, Fla.-based center that supplied the stores.

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SF sheriff in political thicket after guilty plea

Court Watch 2012/03/13 10:48   Bookmark and Share
The San Francisco sheriff has a political thicket to get through now that he's putting his legal woes behind him with a plea bargain in a domestic violence case that made international headlines.

Sheriff Ross Mirkarimi pleaded guilty Monday to a misdemeanor charge of false imprisonment in exchange for the dropping of three more serious charges, including misdemeanor domestic violence and child endangerment.

The plea doesn't automatically disqualify Mirkarimi from office, but San Francisco Mayor Ed Lee said Monday he plans to consult with city attorneys and investigate what disciplinary actions he can take. Lee does have the authority to attempt to remove Mirkarimi from office if the mayor believes the conviction rises to official misconduct.

"This clearly remains serious and troubling for our city," Lee said in a statement.
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Ohio school shooting case may go to adult court

Court Watch 2012/03/06 09:25   Bookmark and Share
A 17-year-old boy charged in a school shooting rampage that left three students dead was told by a judge on Tuesday that the case could be sent to adult court for trial.

Authorities will decide later whether T.J. Lane will be tried as an adult and face a possible life sentence if convicted.

Lane, who is charged with three counts of aggravated murder, two counts of attempted aggravated murder and one count of felonious assault, did not enter a plea Tuesday when he appeared before Juvenile Judge Tim Grendell.

The judge postponed a hearing on the adult-court matter from March 19 until April 3 because two new attorneys have joined the defense team.

Lane watched the judge without visible emotion, blinking occasionally. He was taken into court under heavy security, a deputy's hand on his arm. He was dressed in an outfit similar to what he wore last week in court — a tan, open-collared dress shirt and dark slacks.

Relatives of the victims faced Lane from the jury box. Some wore memorial ribbons of red and black, the colors of Chardon High School.

Lane spoke in response to routine questions from the judge about his understanding of the case and his rights.

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Mo. court denies tax break for convenience stores

Court Watch 2012/03/05 09:26   Bookmark and Share
Missouri's highest court says convenience stores cannot claim a tax break on the electricity used to prepare food.

The Supreme Court's decision Tuesday hinged on whether the act of warming or cooking food qualified as "processing" a product. If so, then the electricity used for food preparation could qualify for a state sales tax exemption.

In a 5-2 decision, the Supreme Court ruled that food preparation was not "processing" and the tax break could not be claimed.

Casey's General Stores had sought the tax break for one month of electricity used at stores in Grain Valley and Greenwood.

The Missouri Department of Revenue said it did not have a specific figure for what might have been owed to Casey's, or to other companies that might have made similar claims.

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Supreme Court 101 in session at high court

Court Watch 2012/02/28 10:19   Bookmark and Share
George Mason University law student Matthew Long still has three months of schoolwork before graduation, but this week he and two classmates had a case before the Supreme Court.

The group of students is part of a new class dedicated to Supreme Court work at the Fairfax, Va., school. Nationwide, more than a half dozen law schools offer similar courses.

The students don't get to argue the cases. They aren't even lawyers yet. But students participating in the so-called Supreme Court clinics get to do everything else: research issues, draft briefs and consult with the lawyer actually presenting the case to the high court.

"We're all very much aware that you can go your entire legal career without ever being on a case before this court, and it's unbelievable that we'd have this experience as law students," Long, 26, said as he stood outside the Supreme Court after Monday's arguments in a case about a man in prison for murder in Colorado and time limits involved in his case.

Stanford University started the first Supreme Court clinic for students in 2004 and is still involved in the most cases. But schools with clinics now include Harvard University, Yale University, the University of Virginia and the University of Texas. In the past three years, clinics report that students have been involved in about 1 out of every 6 cases argued before the court. This week, students are participating in two of the court's cases.

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Strauss-Kahn has March court date in US

Court Watch 2012/02/23 09:45   Bookmark and Share
A New York court has scheduled a hearing on a lawsuit filed by the woman who accused former International Monetary Fund chief Dominique Strauss-Kahn of sexually assaulting her in a Manhattan hotel.

Prosecutors dropped criminal charges against Strauss-Kahn last year, but his accuser has demanded damages in civil court.

The March 15 hearing will deal with issues that must be resolved before a trial, which has yet to be scheduled.

Strauss-Kahn wants the lawsuit dismissed because he says he had diplomatic immunity. He isn't required to attend the March court session.

The hotel maid who says she was attacked and forcibly sodomized by Strauss-Kahn is Nafissatou Diallo (na-fee-SAH'-too dee-AH'-loh). Her lawyer, Kenneth Thompson, says she is "looking forward to her day in court and can't wait to get to trial."
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