Russian court imposes 3- to 6-year sentences for distributing tainted drinks

Legal Insight 2023/08/07 14:23   Bookmark and Share
A Russian court on Monday sentenced seven defendants to as little as three years in prison for distributing methanol-tainted drinks that killed 44 people.

The court in Yekaterinburg, Russia’s fourth-largest city, convicted the seven of charges including sale of goods that do not meet safety requirements and result in the deaths of two or more people; sentences ran from three to six years.

Prosecutors said the seven had illegally sold alcohol since 2020 and that in 2021 they sold drinks containing excessive amounts of methanol, which is commonly used as a solvent. A total of 51 people were sickened by the drinks, of whom 44 died.
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Trump’s Lawyers Meet With Prosecutors as Election Interference Charges Loom

Legal Insight 2023/07/28 12:28   Bookmark and Share
Lawyers for Donald Trump were meeting Thursday with members of special counsel Jack Smith’s team as a potential indictment loomed over the former president’s efforts to overturn the results of the 2020 election, according to a person familiar with the matter.

The meeting included Trump lawyer John Lauro, said the person, who spoke on the condition of anonymity to The Associated Press to describe a private gathering. Trump earlier this month was informed by Smith’s office that he was a target of the Justice Department’s investigation, suggesting that an indictment could be soon.

The investigation has focused on the turbulent two month-period after the November 2020 election in which Trump refused to accept his loss to Joe Biden and spread lies that victory was stolen from him. The turmoil resulted in the Jan. 6, 2021, riot at the U.S. Capitol, when Trump loyalists violently broke into the building, attacked police officers and disrupted the congressional counting of electoral votes. More than 1,000 people have been charged with federal crimes related to the Capitol riot.

In between the election and the riot, Trump urged local election officials to undo voting results in their states, pressured Vice President Mike Pence to halt the certification of electoral votes and falsely claimed that the election had been stolen — despite the fact that numerous federal and local officials, a long list of courts, top former campaign staffers and even his own attorney general have all said there is no evidence of the fraud he alleges.

A spokesman for Smith declined to comment on Thursday’s meeting.

Trump was charged by Smith’s team last month with illegally hoarding classified documents at his Palm Beach, Florida, estate, Mar-a-Lago, and concealing them from investigators. He was also indicted in New York in March on charges of falsifying business records in connection with an alleged hush money payment to a porn actor. And prosecutors in Fulton County, Georgia, are preparing to announce charging decisions in the coming weeks related to efforts to subvert the election in that state.
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Judge upholds the $5 million jury verdict against Trump

Legal Insight 2023/07/21 07:52   Bookmark and Share
A federal judge on Wednesday upheld a $5 million jury verdict against Donald Trump, rejecting the former president’s claims that the award was excessive and that the jury vindicated him by failing to conclude he raped a columnist in a luxury department store dressing room in the 1990s.

Judge Lewis A. Kaplan said the jury’s May award of compensatory and punitive damages to writer E. Jean Carroll for sexual abuse and defamation in the civil case was reasonable.

Trump’s lawyers had asked Kaplan to reduce the jury award to less than $1 million or order a new trial on damages. In their arguments, the lawyers said the jury’s $2 million in compensatory damages granted for Carroll’s sexual assault claim was excessive because the jury concluded that Trump had not raped Carroll at Bergdorf Goodman’s Manhattan store in the spring of 1996.

Kaplan wrote that the jury’s unanimous verdict was almost entirely in favor of Carroll, except that the jury concluded she had failed to prove that Trump raped her “within the narrow, technical meaning of a particular section of the New York Penal Law.”

The judge said the section requires vaginal penetration by a penis while forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse” rather than “rape.”

He said the definition of rape was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.

The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”

Trump’s lawyers were correct in arguing that the $2 million award for sexual abuse would have been excessive if the jury based the compensatory award on a conclusion that Trump had groped Carroll’s breasts through her clothing or similar conduct, the judge said. But, he said, that’s not what the jury found.
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First over-the-counter birth control pill gets FDA approval

Legal Insight 2023/07/13 10:23   Bookmark and Share
U.S. officials have approved the first over-the-counter birth control pill, which will let American women and girls buy contraceptive medication from the same aisle as aspirin and eyedrops.

The Food and Drug Administration said Thursday it cleared Perrigo’s once-a-day Opill to be sold without a prescription, making it the first such medication to be moved out from behind the pharmacy counter. The company won’t start shipping the pill until early next year, and there will be no age restrictions on sales.

Hormone-based pills have long been the most common form of birth control in the U.S., used by tens of millions of women since the 1960s. Until now, all of them required a prescription.

Medical societies and women’s health groups have pushed for wider access, noting that an estimated 45% of the 6 million annual pregnancies in the U.S. are unintended. Teens and girls, women of color and those with low incomes report greater hurdles in getting prescriptions and picking them up.

Some of the challenges can include paying for a doctor’s visit, getting time off from work and finding child care.

“This is really a transformation in access to contraceptive care,” said Kelly Blanchard, president of Ibis Reproductive Health, a non-profit group that supported the approval. “Hopefully this will help people overcome those barriers that exist now.”

Ireland-based Perrigo did not announce a price. Over-the-counter medicines are generally much cheaper than prescriptions, but they typically aren’t covered by insurance.

Forcing insurers to cover over-the-counter birth control would require a regulatory change by the federal government, which women’s advocates are urging the Biden administration to implement.

Many common medications have made the switch to non-prescription status in recent decades, including drugs for pain, heartburn and allergies. Birth control pills are available without a prescription across much of South America, Asia and Africa.
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Judge allows North Carolina’s revised 12-week abortion law to take effect

Legal Insight 2023/07/03 14:06   Bookmark and Share
A federal judge ruled on Friday that nearly all of North Carolina’s revised 12-week abortion law scheduled to begin this weekend can take effect, while temporarily blocking one rule that doctors feared could expose them to criminal penalties.

The decision by U.S. District Judge Catherine Eagles sets aside that rule but allows the law’s remaining provisions to begin on Saturday while litigation continues.

Abortion providers had last week requested a blanket order halting all of the July 1 restrictions pending their court challenge. Planned Parenthood South Atlantic and a physician said several sections in the newly revised law were so vague and seemingly contradictory that doctors could unintentionally break the law, leaving them unable to care for women seeking legal abortions.

But the Republican-controlled General Assembly passed legislation this week revising or repealing nearly all of the challenged provisions, making arguments against most of them moot. Among other things, the lawmakers clarified that medication abortions will be legal in nearly all cases through 12 weeks, and that a lawful abortion remains an exception to North Carolina’s fetal homicide statute.

Eagles, who was nominated by former President Barack Obama, had said in court that it would be overly broad to block enforcement of the entire law. Instead, she directed that for at least the next two weeks, the state cannot enforce a rule saying doctors must document the existence of a pregnancy within the uterus before conducting a medication abortion.

The abortion providers’ lawyers argued that the language raised questions about whether abortion pills can be dispensed when it’s too early in a pregnancy to locate an embryo using an ultrasound — subjecting a provider to potentially violating the law.
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Biden and McCarthy reach a final deal and now must sell it to Congress

Legal Insight 2023/05/29 10:28   Bookmark and Share
With days to spare before a potential first-ever government default, President Joe Biden and House Speaker Kevin McCarthy reached final agreement Sunday on a deal to raise the nation’s debt ceiling and worked to ensure enough support in Congress to pass the measure in the coming week.

The Democratic president and Republican speaker spoke late in the day as negotiators rushed to draft and post the bill text for review, with compromises that neither the hard-right or left flank is likely to support. Instead, the leaders are working to gather backing from the political middle as Congress hurries toward votes before a June 5 deadline to avert a damaging federal default.

“Good news,” Biden declared Sunday evening at the White House.

“The agreement prevents the worst possible crisis, a default, for the first time in our nation’s history,” he said. “Takes the threat of a catastrophic default off the table.”

The president urged both parties in Congress to come together for swift passage. “The speaker and I made clear from the start that the only way forward was a bipartisan agreement,” he said.

The final product includes spending cuts but risks angering some lawmakers as they take a closer look at the concessions. Biden told reporters at the White House upon his return from Delaware that he was confident the plan will make it to his desk.

McCarthy, too, was confident in remarks at the Capitol: “At the end of the day, people can look together to be able to pass this.”

The days ahead will determine whether Washington is again able to narrowly avoid a default on U.S. debt, as it has done many times before, or whether the global economy enters a potential crisis.

In the United States, a default could cause financial markets to freeze up and spark an international financial crisis. Analysts say millions of jobs would vanish, borrowing and unemployment rates would jump, and a stock-market plunge could erase trillions of dollars in household wealth. It would all but shatter the $24 trillion market for Treasury debt.

Anxious retirees and others were already making contingency plans for missed checks, with the next Social Security payments due soon as the world watches American leadership at stake.

McCarthy and his negotiators portrayed the deal as delivering for Republicans though it fell well short of the sweeping spending cuts they sought. Top White House officials were briefing Democratic lawmakers and phoning some directly to try to shore up support.

One surprise was a provision important to influential Sen. Joe Manchin, D-W.Va., giving congressional backing for the controversial Mountain Valley Pipeline, a natural gas project, that is certain to raise questions.
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