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Ala court upholds generic drug decision
Headline Legal News | 2014/08/18 14:45
The Alabama Supreme Court is standing by a decision that business sees as a defeat.

The court on Friday issued an opinion that mostly parallels its ruling last year in a generic drug case.

A divided court says the original decision isn't as broad as some are claiming. But a majority stuck by a 2013 decision saying a brand-name drugmaker can be held responsible by someone who took a generic medication made by a different company.

The Business Council of Alabama says it's disappointed. So is Wyeth, the drug manufacturer sued by Danny and Vicki Weeks over the man's use of a generic form of the brand-name medicine Reglan.

The Weeks filed suit in federal court, and a judge asked the Supreme Court to clarify state law.


Washington high court to hear charter school case
Headline Legal News | 2014/08/18 14:44

The Washington Supreme Court has agreed to consider whether the state's voter-approved charter school law violates the state constitution.

Oral arguments concerning the lawsuit brought by charter school opponents have been scheduled for the afternoon of Oct. 28.

A King County Superior Court judge found in December that parts of the new law are unconstitutional. Judge Jean Rietschel's decision focused on whether certain taxpayer dollars can be used to pay for the operation of charter schools.

Both sides asked the Supreme Court to skip the appeals court process and directly review the case.

Attorney Paul Lawrence says the briefs to the court and the oral arguments will focus on that part of the lawsuit.

The state's charter school system was approved by voters in 2012.


Teen suspect in 6-year-old's death due in court
Court News | 2014/08/13 14:38
A 17-year-old boy arrested in the death and sexual assault of a 6-year-old Washington state girl is due in court Monday.

Authorities still haven't released the name of the suspect, who was arrested Saturday in the Bremerton-area mobile home park from which Jenise Wright had disappeared a week earlier.

He was booked for investigation of second-degree murder, manslaughter and rape, and was scheduled to make an initial appearance at 3 p.m. in Kitsap County District Court.

Authorities said forensic evidence analyzed by the Washington state crime lab linked him to the crime. Earlier in the week, the sheriff's office collected DNA cheek swabs from dozens of nearby residents.

The Seattle Times reported Sunday that Kitsap County sheriff's detectives seized three vehicles from the suspect's home and completed final interviews of residents at the Steele Creek Mobile Home Park, the community where Wright went missing eight days earlier.

The statements and evidence collected Sunday will help authorities in "trying to put together a composite of the suspect for painting a picture for the court," Kitsap County Sheriff's spokesman Scott Wilson told the Times.

A growing memorial at the entrance to the neighborhood includes silver balloons, stuffed animals, lit candles and flowers.


Canadian court: US can extradite terror suspect
Court News | 2014/08/13 14:37
An appeals court ruled Monday an Iraqi-born man should be extradited to the United States to face charges that he helped coordinate Tunisian jihadists believed responsible for a suicide attack in Iraq in 2009 that killed five American soldiers outside a U.S. base.

Sayfildin Tahir Sharif, who holds dual Canadian-Iraqi citizenship, was arrested in 2011 on a U.S. warrant and has been fighting extradition to New York.

The prosecution alleges Sharif worked from Edmonton, Alberta, to help a Tunisian man enter Iraq in 2009 and detonate a truck filled with explosives at a military checkpoint, killing five U.S. soldiers. Prosecutors contend that evidence from intercepted Internet and phone conversations shows that Sharif was directly involved in supporting Tunisian terrorists. Sharif never left Canada as part of the alleged conspiracy.

The terror network is also accused of blowing up an Iraqi police station, killing seven Iraqi officers.

Canada's justice minister granted extradition last summer after receiving assurances from the U.S. that Sharif wouldn't face the death penalty. Defense lawyers also received a letter from U.S. authorities promising the man wouldn't be held indefinitely in pre-trial detention.

Sharif was appealing the justice minister's decision as well as a judge's original ruling in 2012 that there was enough evidence to extradite Sharif on two charges.

Sharif is an ethnic Kurd who was born in Iraq but moved to Toronto as a refugee in 1993. Four years later, he became a Canadian citizen.


Appellate court overturns high-speed rail rulings
Attorney News | 2014/08/05 15:53
A state appellate court on Thursday overturned two lower court rulings that had stalled funding for California's $68 billion bullet train, handing a big win to Gov. Jerry Brown's signature project and allowing the state to resume selling bonds to pay for it.

The court overturned rulings by Sacramento County Superior Court Judge Michael Kenny last year in which he said the high-speed rail project no longer complies with the promises made to voters in 2008 when they approved selling nearly $10 billion in bonds. In siding with Kings County and Central Valley landowners, Kenny invalidated the sale of $8.6 billion in state bonds and ordered the California High-Speed Rail Authority to write a new funding plan.

Attorneys for the plaintiffs had argued that the state failed to identify all the funding for the first full segment of the rail line in the Central Valley, a cost of about $26 billion, and instead had found just $6 billion to pay for construction. They also argued the state did not have all the necessary environmental clearances as voters were promised.


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