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Court: LAPD can continue eased auto impound policy
Attorney News | 2013/12/20 11:12
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.



Court won't hear appeal over news release
Headline Legal News | 2013/12/16 11:26
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.


Tenn. senator's fired chief of staff back in court
Press Release | 2013/12/16 11:25
The fired chief of staff for Sen. Lamar Alexander of Tennessee is returning to court in Washington after his arrest on charges of possession and attempted distribution of child pornography.

Ryan Loskarn was arrested Wednesday, and the 35-year-old made his first appearance in court Thursday. At the time, a judge ordered him held until a hearing Monday.

In asking that Loskarn remain in custody, a prosecutor argued he was a flight risk and a danger to society. He faces up to 10 years on the possession charge and five to 20 years on the distribution charge.

Loskarn had served for two years as chief of staff for Republican Alexander.


Court: Exec guilty over faulty French implants
Headline Legal News | 2013/12/12 14:02
A disgraced French businessman was convicted of fraud and sentenced to four years in prison on Tuesday for filling tens of thousands of breast implants with industrial grade silicone. But he left the courthouse freely after lodging an appeal, and thousands of women will have to wait longer to discover if they will receive damages.

The ruling in the criminal case by a court in Marseille, which all the trappings of a class-action lawsuit, ordered up to 40 million euros ($55 million) in damages paid to a fraction of the 125,000 women worldwide who received the implants.

However, that sum for Jean-Claude Mas' company, Poly Implant Prothese, was largely theoretical because it is bankrupt, and because the appeal froze any efforts to find alternate sources. It will be months, if not years, before any women see money many say they need to remove the faulty, leak-prone implants.

In addition to his prison sentence, the French businessman was fined 75,000 euros ($103,000).

His lawyer promised to appeal immediately, and Mas left the courthouse without comment. The appeal freezes the jail term, fine and any damages.

Four managers in the now-defunct Poly Implant Prothese received lesser sentences.

The decision established a complex system of damages for about two-thirds of the 7,100 women who joined the case, with a potential total of 40 million euros ($55 million) to be paid by those convicted. But, like Mas' fine, it was not clear where that money would come from.


Court looks at EPA rule on cross-state pollution
Press Release | 2013/12/12 14:02
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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