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Court says human genes cannot be patented
Court News |
2013/06/13 09:22
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The Supreme Court ruled Thursday that companies cannot patent parts of naturally-occurring human genes, a decision with the potential to profoundly affect the emerging and lucrative medical and biotechnology industries.
The high court's unanimous judgment reverses three decades of patent awards by government officials. It throws out patents held by Salt Lake City-based Myriad Genetics Inc. on an increasingly popular breast cancer test brought into the public eye recently by actress Angelina Jolie's revelation that she had a double mastectomy because of one of the genes involved in this case.
Justice Clarence Thomas, who wrote the court's decision, said that Myriad's assertion — that the DNA it isolated from the body for its proprietary breast and ovarian cancer tests were patentable — had to be dismissed because it violates patent rules. The court has said that laws of nature, natural phenomena and abstract ideas are not patentable.
"We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated," Thomas said.
Patents are the legal protection that gives inventors the right to prevent others from making, using or selling a novel device, process or application. The U.S. Patent and Trademark Office has been awarding patents on human genes for almost 30 years, but opponents of Myriad Genetics Inc.'s patents on the two genes linked to increased risk of breast and ovarian cancer say such protection should not be given to something that can be found inside the human body.
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Court: $1M coverage for Conn. fire victim families
Headline Legal News |
2013/06/11 09:00
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Families suing the operator of a Hartford nursing home where 16 patients died in a 2003 fire suffered a setback Monday, when the Connecticut Supreme Court ruled that the home's insurance coverage was $1 million instead of the $10 million claimed by the victims' relatives.
The justices' 3-2 decision reversed a lower court judge's interpretation of Greenwood Health Center's insurance policy in favor of the families. The high court instead found in favor of Boston-based Lexington Insurance Co., a subsidiary of American International Group Inc.
"It just seems completely inadequate," Van Starkweather, an attorney for one victim's family, said about the lower coverage figure. "I'm disappointed. It was a close decision. Three justices went with AIG. Two justices went with the victims."
A lawyer for Lexington Insurance declined to comment Monday.
The fire at Greenwood Health Center on Feb. 26, 2003, broke out after psychiatric patient Leslie Andino set her bed on fire while flicking a cigarette lighter. Officials at the time said it was the 10th deadliest nursing home fire in U.S. history. Andino was charged with 16 counts of arson murder, but was found incompetent to stand trial and committed to a psychiatric hospital.
Relatives of 13 of the 16 victims sued the nursing home's operator for cash damages, saying it failed to adequately supervise Andino. Hartford Superior Court Judge Marshall K. Berger Jr. ruled in 2009 that Greenwood's insurance policy with Lexington provided $250,000 in coverage for each plaintiff and the policy's maximum coverage was $10 million.
But Lexington Insurance appealed Berger's decision, saying that the $10 million was the total coverage for all seven nursing homes run by Greenwood's operator and that each home was insured up to $1 million.
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Maryland DWI (driving while impaired) as Maryland DUI
Headline Legal News |
2013/06/10 10:17
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Charges made against an individual for drinking and driving in Maryland have two common names: Maryland DUI and Maryland DWI. To be considered for a DUI charge, your blood alcohol level minimum is .08 or higher. All other alcohol levels, such as .07, could get you arrested for a DWI. These arrests are made depending on how impaired your driving abilities are due to alcohol consumption.
There are many consequences in getting charged with a DUI. These include but are not limited to 45 days of a suspended license, and a fine of up to $1,000.00 in addition to one year in jail for a first DUI conviction, and $2,000.00 and two years in jail for a second offense DUI. It is also extremely severe for your driving record because a DUI conviction will result in 12 points for the state of Maryland.
Maryland DWI (driving while impaired) is the lesser offense in comparison with a DUI; however, it still has very harsh punishments, including a driver's license suspension of up to 60 days, 8 points on the Maryland Driver's License record, up to $500 and two months in jail for a first offense, and up to $500.00 and one year in jail for a second offense.
It is crucial to act upon your DUI or DWI arrest in Maryland and to be sure a MVA administrative hearing is requested in writing within 10 days. The driving privileges are automatically suspended unless the hearing is requested. A refusal to take the breathalyzer test is admissible in court as evidence of guilt and also may result in 120 days of driving privileges being suspended.
With the help of a Maryland DUI/DWI attorney, you can outset to scrutinize the legality of the arrest, validity of the charges, and to assert all viable defenses in court. Our Maryland Criminal Lawyers have an extensive experience and expertise in litigating successfully a Maryland DUI or a Maryland DWI charge obtaining dismissals, diversions or probation before Judgment when appropriate. |
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Intel chair says NSA court order is renewal
Headline Legal News |
2013/06/06 21:43
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The chairwoman of the Senate Intelligence committee says the top secret court order for telephone records of millions of U.S. customers of Verizon is a three-month renewal of an ongoing practice.
Democratic Sen. Dianne Feinstein of California spoke to reporters at a Capitol Hill news conference on Thursday after the Obama administration defended the National Security Agency's need to collect the records.
Other lawmakers have said previously that the practice is legal under the Patriot Act although civil libertarians have complained about U.S. snooping on American citizens.
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Court OKs Class-action Suit Over Apartment Leases
Legal Interview |
2013/06/05 08:55
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An appeals court has certified a class-action lawsuit that seeks to invalidate provisions that are routinely included in apartment leases signed by University of Iowa students.
The Iowa Court of Appeals ruled Thursday that tenants of landlord Tracy Barkalow can have a trial to challenge lease provisions that critics say are illegal and unfairly shift costs and liability from landlords to tenants.
The provisions being challenged include fees that are deducted from security deposits for cleaning regardless of an apartment's condition and requirements that tenants pay for damage in common areas and routine repairs.
The Iowa City Tenants Project, which is representing the plaintiffs, has said the class could include 240 tenants but the case will have a broader reach since those provisions are the ``industry standard.''
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