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Court: LAPD can continue eased auto impound policy
Legal Focuses |
2013/12/20 18:29
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A California appeals court has issued a stay allowing a Los Angeles police policy that makes it easier for unlicensed drivers to keep their cars instead of having them impounded.
In August a lower court struck down the policy known as Special Order 7, saying it conflicted with the state's vehicle code.
But in October the appeals court issued a temporary stay allowing the policy to continue, and Wednesday extended that stay until a city appeal is resolved.
Special Order 7 allows some unlicensed drivers who are stopped to produce registration and proof of insurance to avoid having their cars impounded for 30 days.
The police union sued to nullify the policy, saying it left officers with conflicting orders.
LA'S city attorney and police chief issued statements lauding Wednesday's decision. |
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Court won't hear appeal over news release
Legal News |
2013/12/16 18:38
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The Supreme Court won't hear an appeal from a CEO convicted because a news release misstated the results of a drug's effectiveness.
The high court on Monday declined to hear an appeal from Dr. W. Scott Harkonen, the chief executive of the biotechnology company InterMune Inc. from 1998 until 2003. He was convicted wire fraud in the marketing of the drug Actimmune, which was supposed to fight the fatal lung disease idiopathic pulmonary fibrosis.
The conviction centered on an August 2002 news release that misstated the results of a clinical trial using Actimmune. The release falsely said the test showed Actimmune helped IPF patients live longer.
Harkonen's lawyers say the results of the trial were accurate, and he is being punished for offering a scientific opinion about the results. |
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Appeals court vacates ban on US horse slaughter
Legal Focuses |
2013/12/16 18:38
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A federal appeals court on Friday removed a temporary ban on domestic horse slaughter, clearing the way for companies in New Mexico, Missouri and Iowa to open while an appeal of a lawsuit by animal protection groups proceeds.
The 10th U.S. Circuit Court of Appeals in Denver lifted the emergency injunction it issued in November after The Humane Society of the United States and others appealed the ruling of a federal judge in Albuquerque. The judge said the U.S. Department of Agriculture followed proper procedure in issuing permits to Valley Meat Co. in Roswell, N.M., Rains Natural Meats of Gallatin, Mo., and Responsible Transportation in Sigourney, Iowa.
The appeals court's order Friday said the groups had "failed to meet their burden for an injunction pending appeal."
Blair Dunn, an attorney for Valley Meat and Rains Natural Meats, said the order lifts the emergency status of the case, meaning it will likely be months before a final decision is issued.
Dunn said the plants are ready to open, although they could agree to remain shuttered if the plaintiffs agree to post a sufficient bond to cover the companies' losses should they ultimately prevail. |
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NY court: Reporter shielded in Colo. shooting case
Court Watch |
2013/12/12 21:11
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A Fox News reporter is protected by New York law from being forced to reveal her sources for a story about the suspect in the mass shooting that left 12 people dead in a suburban Denver movie theater last year, the state's top court ruled Tuesday.
The state's shield law supports refusing to recognize a Colorado court's petition for a subpoena, the New York Court of Appeals ruled, 4 to 3.
Lawyers for the suspect, James Holmes, wanted New York-based reporter Jana Winter brought to Colorado to name two law officers who told her Holmes had mailed a notebook depicting violence to a psychiatrist. They argued that the sources violated a judge's gag order, may have lied under oath about that and won't be credible as trial witnesses.
"There is a substantial likelihood that a New York reporter will be compelled to divulge the identity of a confidential source (or face a contempt sanction) if required to appear in the other jurisdiction _ a result that would offend the core protections of the shield law, a New York public policy of the highest order," the court said in overturning a mid-level appeals court's decision supporting the subpoena.
One dissenting judge said New York's law does not protect Winter because the privileged communications with her sources took place in another state. |
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Court looks at EPA rule on cross-state pollution
Legal Focuses |
2013/12/12 21:11
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The Supreme Court indicated Tuesday it could breathe new life into a federal rule requiring states to reduce power plant pollution from the South and Midwest that fouls the air in the eastern U.S.
Several justices suggested during a 90-minute argument that they believe the Environmental Protection Agency did not exceed its authority when it issued its cross-state air pollution rule in 2011. A divided federal appeals court panel invalidated the rule last year.
The EPA sought to reduce pollution from power plants in 28 states that drifts above states in the Northeast and Mid-Atlantic regions. Texas led 14 states and industry groups in challenging the rule. Most downwind states support it.
Justice Department lawyer Malcolm Stewart said the EPA is trying to be "an honest broker" between upwind and downwind states.
Sulfur dioxide and nitrogen oxide pollution from power plants can be carried long distances and the pollutants react with other substances to form smog and soot, which have been linked to illnesses. The cross-border pollution has prevented many cities from complying with health-based standards set by law.
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