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McCarthy found guilty of 2nd-degree murder of Bella Bond
Court Watch | 2017/06/26 12:35
Michael McCarthy has been convicted of 2nd-degree murder in the death of a 2-year-old girl dubbed Baby Doe after her remains washed up on Boston Harbor island.

The verdict was announced in Suffolk Superior Court on Monday.

Michael McCarthy is charged with first-degree murder in the 2015 death of the girl who was later identified as Bella Bond.

Man facing life in prison after being found guilty of murder. A North Carolina man has been found guilty in the death of his fiancée and will serve the rest of his life in prison.

Local media outlets report an Onslow County jury found 59-year-old Timothy Noble guilty on Thursday of first-degree murder in the 2014 death of 58-year-old Debra Holden.

Deputies responding to the scene on Oct. 31, 2014, said Holden was found at a residence with a gunshot wound to her temple. Her death was originally ruled a suicide, but Noble was arrested eight months later after the medical examiner ruled the case a homicide. Noble will get credit for time spent in prison while awaiting trial.



Supreme Court limits ability to strip citizenship
Legal Interview | 2017/06/25 12:36
The Supreme Court on Thursday limited the government's ability to strip U.S. citizenship from immigrants for lying during the naturalization process.

The justices ruled unanimously in favor of an ethnic Serb from Bosnia who lied about her husband's military service.

Justice Elena Kagan wrote for the court that false statements can lead to the revocation of citizenship only if they "played some role in her naturalization."

The court rejected the position taken by the Trump administration that even minor lies can lead to loss of citizenship.

The woman, Divna Maslenjak, and her family were granted refugee status in 1999 and settled near Akron, Ohio, in 2000. She became a citizen in 2007.

She initially told immigration officials her husband had not served in the Bosnian Serb military. That was a lie, she later conceded, and lower courts upheld a criminal conviction against her. The conviction automatically revoked her citizenship, and she and her husband were deported in October.



EU Court: Vaccines Can Be Blamed for Illnesses Without Proof
Topics in Legal News | 2017/06/25 12:36
The highest court of the European Union ruled Wednesday that courts can consider whether a vaccination led to someone developing an illness even when there is no scientific proof.

The decision was issued on Wednesday in relation to the case of a Frenchman known as Mr. J.W., who was immunized against hepatitis B in late 1998-99. About a year later, Mr. J.W. was diagnosed with multiple sclerosis. In 2006, he and his family sued vaccine-maker Sanofi Pasteur in an attempt to be compensated for the damage they claim he suffered due to the vaccine. Mr. J.W. died in 2011.

France's Court of Appeal ruled there was no causal link between the hepatitis B vaccine and multiple sclerosis, and dismissed the case. Numerous studies have found no relationship between the hepatitis B shot and multiple sclerosis.

After the case went to France's Court of Cassation, it was brought to the European Union. On Wednesday, the EU's top court said that despite the lack of scientific consensus on the issue, a vaccine could be considered defective if there is "specific and consistent evidence," including the time between a vaccine's administration and the occurrence of a disease, the individual's previous state of health, the lack of any family history of the disease and a significant number of reported cases of the disease occurring following vaccination.

In a statement, the court said that such factors could lead a national court to conclude that "the administering of the vaccine is the most plausible explanation" for the disease and that "the vaccine therefore does not offer the safety that one is entitled to expect." It did not rule on the specific French case.


D.C. on edge: rumors of new Supreme Court vacancy swirl
Court Watch | 2017/06/25 12:35
White House sources think Justice Anthony Kennedy, the Supreme Court's ideological fulcrum, may announce his retirement today, as the justices gather on the bench for the last time this term.

If that happens, Day 158 instantly becomes President Trump's biggest moment.

Trump's first Court appointment, of Justice Neil Gorsuch, was a one-for-one ideological swap for the late Justice Antonin Scalia.
Replacing Kennedy would be even more historic and consequential: a momentous chance to edge the Court right, since Kennedy is the center of the Court — the one most willing to listen to both sides. On a controversial case, both sides pitch to him. It's been called "Kennedy's Court."

No one's predicting: Court watchers say no one knows, and Kennedy has said nothing publicly. He could well wait one more year: The Court buzz is that it'll be this year or next.

Be smart: Few domestic developments could more instantly and decisively change the national conversation — blotting out almost everything else, and vastly reducing the sting for conservatives is healthcare tanks.

A Washington wise man emails: "With two court appointments and maybe one more, Trump's presidency will be consequential even if he has few legislative achievements. This week may well demonstrate both."


High Court ruling may hurt claims of talc link to cancer
Court Watch | 2017/06/24 12:36
A Supreme Court ruling this week could have a "chilling effect" on the many lawsuits filed in St. Louis claiming talcum powder causes a deadly form of cancer in women, including cases under appeal in which stricken women and their survivors have been awarded more than $300 million, experts said Tuesday.

Justices ruled 8-1 Monday that hundreds of out-state-residents can't sue Bristol-Myers Squibb Co. in California state court over adverse reactions to the blood thinner Plavix. It followed a similar ruling in May related to out-of-state injury claims against BNSF Railway Co. Both were seen as wins for companies opposed to "venue shopping," in which those filing suit seek out favorable state courts.

Almost immediately after the Supreme Court ruling, St. Louis Circuit Judge Rex Burlison declared a mistrial in a Missouri state court case in which three plaintiffs, two from out-of-state, sued Johnson & Johnson, claiming its talcum powder caused ovarian cancer.

More than 1,000 others have filed similar lawsuits in St. Louis against Johnson & Johnson, but most don't live in Missouri. Five trials have already taken place over the past 16 months. In four of those cases, jurors awarded more than $300 million combined.

Johnson & Johnson believes that the Supreme Court ruling "requires reversal of the talc cases that are currently under appeal in St. Louis," spokeswoman Carol Goodrich said in an email. She said the ruling "makes it clear that Johnson & Johnson was wrongfully forced to defend itself in multiple trials in Missouri, a state with no connection to the plaintiffs."

Jim Onder, whose suburban St. Louis-based law firm is representing many women and survivors who filed suit, said Missouri is a proper venue because Johnson & Johnson, though based in New Jersey, uses a factory in Union, Missouri, to package and label talcum products.


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