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Case challenging gay-marriage ban heard in Va.
Legal News | 2014/02/06 23:36

In a case that could give gay marriage its first foothold in the old Confederacy, a federal judge will hear arguments Tuesday on whether Virginia's ban on gay marriage should be struck down _ the position the state's newly elected Democratic attorney general has endorsed, angering many Republican lawmakers.

In January, Attorney General Mark Herring's office notified the federal court in Norfolk that it would not defend the 2006 voter-approved constitutional amendment in a lawsuit. Republicans have accused Herring of abandoning his responsibility to defend the state's laws. On Tuesday morning, a handful of protesters gathered at the courthouse. They shouted phrases decrying his position and carried signs: "Herring's herring. AG's must uphold the law."

Across the street, gay-marriage supporters _ in about equal numbers _ shouted their support for the plaintiffs and carried signs saying "Marry who you love."

Newly elected Democratic Gov. Terry McAuliffe has rebuffed calls to appoint outside counsel to defend the ban. On Monday, Republicans in the House passed a bill that would give lawmakers standing in lawsuits where the attorney general and governor have chosen not to participate.


Canadian court strikes down anti-prostitution laws
Legal News | 2013/12/23 20:00

Canada's highest court struck down the country's anti-prostitution laws Friday, a victory for sex workers who had argued that a ban on brothels and other measures made their profession more dangerous. The ruling drew criticism from the conservative government and religious leaders.

The court, ruling in a case brought by three women in the sex trade, struck down all three of Canada's prostitution-related laws: bans on keeping a brothel, making a living from prostitution, and street soliciting. The ruling won't take effect immediately, however, because the court gave Parliament a year to respond with new legislation, and said the existing laws would remain in place until then.

The decision threw the door open for a wide and complex debate on how Canada should regulate prostitution, which isn't in itself illegal in the country.

Robert Leckey, a law professor at McGill University, said the court found that the law did nothing to increase safety, but suggested in its ruling that more finely tailored rules might pass constitutional scrutiny in the future.


Court won't hear appeal over news release
Legal News | 2013/12/16 18:38

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.


Dutch Supreme Court: Fortis was mismanaged
Legal News | 2013/12/09 21:23

The Netherlands' Supreme Court has upheld rulings that the now-defunct Belgian bank Fortis NV was mismanaged from September 2007 to September 2008, and its then-management board can be held accountable.

Friday's ruling opens the door for investor claims against former CEO Jean-Paul Votron, among others, though not former supervisory Chairman Count Maurice Lippens, whom lower courts found was too far removed from decision making to be held liable.

Fortis, Royal Bank of Scotland and Spain's Santander bought Dutch bank ABN Amro in a hostile takeover in 2007, nominally the largest in banking history.

Fortis agreed to buy ABN's Dutch operations for 24 billion euros in its part of the deal but was unable to finance the buy — which represented around half of its own total size — and eventually spiraled toward bankruptcy. The Dutch state ultimately nationalized all Fortis-ABN operations in the Netherlands in 2008 to avoid a meltdown of the country's financial system. The rescue has cost taxpayers at least 32 billion euros.



New Calif. court date set for ex-Nevada lawmaker
Legal News | 2013/12/09 21:22

A California court date was pushed back again for a former Las Vegas-area lawmaker jailed since a freeway chase and scuffle with police the day he was expelled last March from the Nevada Assembly.

Prosecutor Shannon Faherty said a Friday court date for Steven Brooks was reset to Jan. 10 in San Bernardino County Superior Court in Victorville at his lawyer's request.

Brooks' defense attorney, Sean O'Connor, didn't immediately respond to a message.

Brooks pleaded not guilty Aug. 6 to felony evasion, obstructing an officer and throwing a substance at a police vehicle charges and misdemeanor harming a police animal.

He's being held at the San Bernardino County Jail on $100,000 bail.

The former North Las Vegas Democrat was expelled from the Legislature March 28 as a security threat.



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