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Court refuses to hear medical marijuana challenges
Court Watch |
2009/05/18 09:25
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The Supreme Court won't hear another challenge to California's decade-old law permitting marijuana use for medical purposes.
The high court on Monday refused to hear appeals from San Diego and San Bernardino counties, which say the justices have never directly ruled on whether California's law trumps the federal controlled substances laws.
Supporters say marijuana helps chronically ill patients relieve pain. Critics say the drug has no medical benefit and all use should be illegal. San Diego supervisors had sued to overturn the state law after it was approved by voters in 1996, but lower courts have ruled against them. San Diego and San Bernardino counties argued that issuing identification cards to eligible users, as required by the 1996 state law, would violate federal law, which does not recognize the state measure. A federal appeals court ruled that ID card laws "do not pose a significant impediment" to the federal Controlled Substances Act because that law is designed to "combat recreational drug use, not to regulate a state's medical practices." The cases are County of San Bernardino v. California, 08-897 and County of San Diego v. San Diego NORML, 08-887. |
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Court will review Black's fraud conviction
Breaking Legal News |
2009/05/18 09:24
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The Supreme Court agreed Monday to consider media executive Conrad Black's appeal of his fraud conviction. Black is serving a 6 1/2 year prison term.
The justices will hear arguments later this year over the convictions of Black, the former chairman and chief executive of the Hollinger International media company, and two other former executives in connection with payments of $5.5 million they received from a Hollinger subsidiary.
The men argued that they did not commit fraud because they did no harm to the company. The 7th U.S. Circuit Court of Appeals in Chicago upheld the convictions, but the nation's appeals courts are divided on the central issue undergirding their convictions. At issue is the reach of a federal fraud statute that was originally aimed at prosecuting public officials. Black and former executives John A. Boultbee and Mark S. Kipnis argue that the $5.5 million actually represented management fees that the subsidiary owed to the executives. Hollinger once owned the Chicago Sun-Times, the Daily Telegraph of London, the Jerusalem Post and hundreds of community papers across the United States and Canada. All of Hollinger's big papers except the Sun-Times have now been sold and the company that emerged changed its name to Sun-Times Media Group. Black, a member of the British House of Lords, has so far served more than a year of his sentence at the federal prison in Coleman, Fla. He had asked President George W. Bush for a pardon before Bush left office in January. |
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Court allows suit over deadly railroad derailment
Breaking Legal News |
2009/05/18 08:27
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The Supreme Court says it won't block a lawsuit against a railroad involved in a deadly derailment in North Dakota.
The justices declined Monday to get involved in a dispute between the Canadian Pacific Railway and residents of Minot, ND. The Minot residents want to sue the railroad over a 2002 derailment that sent a cloud of toxic anhydrous ammonia farm fertilizer over the city. One man died trying to escape the fumes and others were treated at hospitals for eye and lung problems.
In 2006, a U.S. district judge ruled that federal law protected Canadian Pacific from claims stemming from the derailment. After Congress changed the law the same year, the St. Louis-based 8th U.S. Circuit Court of Appeals said the claims could be pursued. |
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Court turns away appeal over Steinbeck copyrights
Court Watch |
2009/05/18 06:25
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The Supreme Court has rejected an appeal by a son of author John Steinbeck over the publishing rights to "The Grapes of Wrath" and other early works.
The court said Monday it won't disturb a ruling by the federal appeals court in New York that the rights belong to Penguin Group Inc., and the heirs of John Steinbeck's widow, Elaine. Author John Steinbeck died in 1968; his wife in 2003. The heirs include her sister, four children and grandchildren.
The 2nd U.S. Circuit Court of Appeals said a lower court judge misapplied copyright law in awarding the rights in 2006 to the son, Thomas Steinbeck, and granddaughter Blake Smyle. Both already receive a portion of the proceeds of sales. |
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Appeals court sides with Redskins over trademark
Court Watch |
2009/05/16 09:28
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A federal appeals court is siding with the Washington Redskins against a group of American Indians who say the football team's trademark is racially offensive.
The decision issued Friday by the U.S. Court of Appeals in Washington doesn't address the main issue in the 17-year-old case of whether the trademark is racist. It upholds the lower court's decision in favor of the football team on a legal technicality.
The court agreed that the seven Native Americans who challenged the trademark waited too long to sue over the trademark issued in 1967. |
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Court candidate Granholm to be at White House
Legal Business |
2009/05/16 09:24
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Michigan Gov. Jennifer Granholm, one of President Barack Obama's candidates for the Supreme Court, will be at the White House on Tuesday.
An administration official says the Democratic governor is coming to the White House for an event unrelated to the Supreme Court. It is not clear whether Granholm will be meeting with Obama about the upcoming vacancy on the court.
The official spoke on condition of anonymity because details of Tuesday's event have not been announced. Granholm is among more than six people Obama is considering for the seat on the court now held by Justice David Souter, who is retiring this summer. The 50-year-old Granholm is a former federal prosecutor and Michigan attorney general. |
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FBI probes possible insider trading by SEC lawyers
Securities |
2009/05/15 11:28
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Federal prosecutors and the FBI have been investigating possible illegal insider trading by two Securities and Exchange Commission enforcement attorneys who were in a position to receive sensitive information about agency probes of public companies.
The SEC's inspector general, David Kotz, found that the frequent stock trades over a two-year period by the pair raised suspicions of insider trading. Earlier this year, he referred the matter to the Fraud and Public Corruption Section of the U.S. attorney's office in Washington. That office, together with the FBI, "is conducting an investigation of possible criminal and civil violations," Kotz told SEC Chairman Mary Schapiro in a memo dated March 3. The memo and Kotz's report of his investigation were provided by the office of Sen. Charles Grassley, R-Iowa, who has been an active critic of the SEC's operations. Kotz's report also found that the SEC "has essentially no compliance system in place to ensure that ... employees, with the tremendous amount of nonpublic information they have at their disposal, do not engage in insider trading themselves." The agency's disclosure and compliance requirements is based on the honor system and there is no way to determine whether an employee fails to report a transaction. |
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