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Court revives victim lawsuit in mistaken shooting
Headline Legal News |
2014/05/05 15:19
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The Supreme Court has reinstated the lawsuit filed by a former major league baseball player's son who was shot on the porch of his family home by a Houston-area police officer.
The justices on Monday ordered a lower court to reconsider the case of Robert Tolan, son of former major leaguer Bobby Tolan. The son was shot in the chest after police mistakenly believed he was armed and had stolen a vehicle.
A Houston-area jury acquitted Bellaire police Sgt. Jeffrey Cotton of criminal charges in the shooting, which happened on New Year's Eve in 2008. A federal appeals court dismissed Tolan's civil lawsuit claiming that Cotton used excessive force.
The high court said the 5th U.S. Circuit Court of Appeals acted too hastily. |
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Court revives EPA rule on cross-state pollution
Headline Legal News |
2014/04/29 16:59
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The Supreme Court has given the Environmental Protection Agency an important victory in its effort to reduce power plant pollution that contributes to unhealthy air in neighboring states.
The court's 6-2 decision Tuesday means that a rule adopted by EPA in 2011 to limit emissions from plants in more than two-dozen Midwestern and Southern states can take effect. The pollution drifts into the air above states along the Atlantic Coast and the EPA has struggled to devise a way to control it.
Power companies and several states sued to block the rule from taking effect, and a federal appeals court in Washington agreed with them in 2012.
Justice Ruth Bader Ginsburg wrote the court's majority opinion. Justices Antonin Scalia and Clarence Thomas dissented. |
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Tokyo court starts Mt. Gox bankruptcy proceedings
Headline Legal News |
2014/04/25 10:34
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Bankruptcy proceedings have begun for Mt. Gox, a move that was widely expected after the Tokyo District Court decided earlier this month that the bitcoin exchange would not be able to resurrect itself.
An administrator will try to sell the company's assets, but many creditors, including those who had bitcoins with the exchange, might not get their money back.
After Mt. Gox went offline in February, its CEO said tens of thousands of bitcoins worth several hundred million dollars were unaccounted for.
Mt Gox has suggested the bitcoins were stolen. The company has not been able to confirm the bitcoin balances of its users.
Bitcoins, created in 2009, are used for transactions across borders without third parties such as banks and have become a popular investment.
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Court declines to block drug ruling in patent case
Headline Legal News |
2014/04/21 14:14
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Supreme Court Chief Justice John Roberts on Friday declined to temporarily block a lower court ruling that opens the world's best-selling multiple sclerosis drug to competition from generic rivals next month.
The decision is a victory for rivals challenging the patents of Israel-based Teva Pharmaceutical Industries Ltd., maker of the drug Copaxone.
Teva claims the U.S. Court of Appeals for the Federal Circuit wrongly overturned five of its patents for the drug. That ruling allows rivals Mylan Inc., Momenta Pharmaceuticals Inc. and Sandoz, Inc., to start selling cheaper generic versions in May instead of September 2015.
The Supreme Court has agreed to consider the case, but arguments won't take place until its new term begins in October and it could be next year before a decision is reached. Teva said it would suffer irreparable harm if the appeals court decision was not postponed. Copaxone brought the company $3.2 billion in U.S. sales last year.
In a one-page ruling, Roberts said he was not convinced Teva would suffer such harm. If Teva ultimately prevails in the case, Roberts said, the company would be able to recover damages from the generic rivals for past patent infringement. He acknowledged that Teva has "a fair prospect" of ultimately winning the case at the high court.
Roberts oversees emergency appeals from the U.S. Court of Appeals for the Federal Circuit, which hears appeals in patent cases. |
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Oklahoma gay-marriage case before US appeals court
Headline Legal News |
2014/04/17 14:16
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Court arguments over Oklahoma's ban on same-sex marriage will center on whether voters singled out gay people for unfair treatment when they overwhelmingly defined marriage as a union between one man and one woman.
Judges at a federal appeals court in Denver will hear arguments Thursday from lawyers representing a couple challenging Oklahoma's ban and the Tulsa County clerk who refused to grant them a license. The judges heard a similar case from Utah last week.
Oklahoma voters approved the ban in 2004 by a 3-1 margin. The Tulsa couple tried to obtain a marriage license shortly afterward.
A federal judge overturned the ban in January, saying it violated the equal-protection clause of the U.S. Constitution. Lawyers for the state say voters have a right to set their own laws. |
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