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Oklahoma lawsuit against opioid makers back in state court
Attorney News |
2018/08/04 09:00
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A U.S. judge determined Friday that a lawsuit the state of Oklahoma filed against the makers of opioids does not "necessarily rise" to a federal issue.
The ruling by U.S. District Judge Vicki Miles-LaGrange in Oklahoma City sends the matter back to state court. Drugmakers had it moved to federal court in June.
Oklahoma, one of at least 13 states that have filed lawsuits against drugmakers, alleges fraudulent marketing of drugs that fueled the opioid epidemic in the lawsuit filed in June 2017. It is seeking unspecified damages from Purdue Pharma, Allergan, Janssen Pharmaceuticals, Teva Pharmaceuticals and several of their subsidiaries.
Opioid manufacturers had argued the state was asking them to make different safety and efficacy disclosures to the public than required by federal law and the U.S. Food and Drug Administration. The drug manufacturers listed as defendants said opioid abuse is a serious health issue, but they deny wrongdoing.
An attorney for the companies did not immediately return a phone call seeking comment.
The ruling came just minutes after Chickasaw Nation Gov. Bill Anoatubby and Choctaw Nation Chief Gary Batton joined Hunter and Michael Burrage, a private attorney representing the tribes and the state, in announcing that the tribes are joining the state in suing the opioid manufacturers in state courts for unspecified damages.
Hunter did not immediately return a phone call for comment, but Burrage said during the news conference that the effort to return to lawsuit to state court was to keep it from potentially being folded into more than 800 similar lawsuit pending in Ohio. |
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Supreme Court enjoys relatively high public confidence
Attorney News |
2018/07/11 09:46
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The next Supreme Court justice will join the bench at a time when the public has more confidence in the high court than in Congress or the presidency.
A Gallup survey in June found 37 percent of Americans have a great deal or quite a lot of confidence in the court, while another 42 percent have "some" confidence. Only 18 percent have little or no confidence in the court.
Those are sterling marks compared with the court's neighbor on Capitol Hill: Just 11 percent of Americans say they have a great deal or quite a lot of confidence in Congress and nearly half say they have little or no confidence in the nation's legislature.
Down Pennsylvania Avenue, confidence in the White House is on par with that of the Supreme Court - though 44 percent of Americans have little or no confidence in it.
While the public's overall view of the court has remained steady over the past decade, there's been a shift this year as Republicans and GOP-leaning independents were more likely to express confidence in the court than Democrats and left-leaning independents were.
That change comes after a just-concluded term in which retiring Justice Anthony Kennedy sided with conservative-leaning justices on rulings that blessed President Donald Trump's ban on travel from several Muslim nations, placed new limits on public-employee unions and struck down a California law aimed at regulating anti-abortion crisis pregnancy centers, among others.
Trump's choice - a former Kennedy clerk, Brett Kavanaugh, who currently sits on the Court of Appeals for the D.C. Circuit - will almost certainly push the court to the right. More Americans believe the court is "too conservative" than say it's "too liberal," according to a Quinnipiac poll conducted after Kennedy announced his plans to step down.
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Court: S.Korea must allow alternative for military objectors
Attorney News |
2018/07/02 09:50
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South Korea's Constitutional Court ruled Thursday that the country must allow alternative social service for people who conscientiously object to military service, which is currently mandatory for able-bodied males.
The ruling requires the government to introduce alternative service by the end of 2019. It was hailed by activists as a breakthrough that advances individual rights and freedom of thought.
It is also likely to trigger a heated debate in a country which maintains a huge military to counter North Korea threats, and where many have accused conscientious objectors of attempting to evade the draft.
Hundreds of conscientious objectors are imprisoned in South Korea each year, serving terms of 18 months or longer. Most are Jehovah's Witnesses who refuse to serve in the military on religious grounds.
"Too many people have been forced to choose between prison and the military, and when they choose prison, a term of 1 1/2 years has been almost automatic," said Lim Jae-sung, a human rights lawyer who has represented contentious objectors. "This is great news for those who are currently on trial or will conscientiously object to military service in the future as we probably won't be marching them straight to jail."
The court said the current law, which does not permit alternative service, is unconstitutional because it infringes excessively on individual rights.
The court acknowledged that conscientious objectors experience "enormous disadvantages" in addition to their prison terms, including restrictions in public sector employment, maintaining business licenses and social stigma.
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Gamers in court for first time after Kansas 'swatting' death
Attorney News |
2018/06/15 12:05
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Two online gamers whose alleged dispute over a $1.50 Call of Duty WWII video game bet ultimately led police to fatally shoot a Kansas man not involved in the argument will make their first appearances in court Wednesday in a case of "swatting" that has drawn national attention.
Casey Viner, 18, of North College Hill, Ohio, and Shane Gaskill, 19, of Wichita, are charged with conspiracy to obstruct justice, wire fraud and other counts.
Viner allegedly became upset at Gaskill while playing the popular online game. Authorities say he then asked 25-year-old Tyler Barriss of Los Angeles to "swat" Gaskill, a form of retaliation sometimes used by gamers, who call police and make a false report to send first responders to an online opponent's address.
Barriss is accused of calling Wichita police from Los Angeles on Dec. 28 to report a shooting and kidnapping at a Wichita address. Authorities say Gaskill had provided the address to Viner and later to Barriss in a direct electronic message. But the location Gaskill gave was his old address and a police officer responding to the call fatally shot the new resident Andrew Finch, 28, after he opened the door.
Viner's defense attorney, Jim Pratt, declined comment. The attorneys for Gaskill and Barriss did not immediately respond to an email.
Viner and Gaskill have not been arrested and both were instead issued a summons to appear at Wednesday's hearing where a judge will decide whether they can remain free on bond. Both men are also likely to enter pleas, although at this stage of the proceedings the only plea a federal magistrate can accept is not guilty.
Barriss and Viner face federal charges of conspiracy to make false reports. Barriss also is charged with making false reports and hoaxes, cyberstalking, making interstate threats, making interstate threats to harm by fire and wire fraud. He will not be in court Wednesday.
A first court appearance on the federal charges has not been set for Barriss because the Sedgwick County district attorney is going forward first with his case on the state charges, said Jim Cross, spokesman for the U.S. attorney's office in Kansas. |
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USCIS Redesigns Citizenship and Naturalization Certificates
Attorney News |
2018/06/14 12:03
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U.S. Citizenship and Immigration Services (USCIS) began issuing redesigned Certificates of Citizenship and Naturalization today, following a successful pilot in four USCIS field offices and one service center. The redesign of these eight certificates is one of the many ways USCIS is working to combat fraud and safeguard the legal immigration system.
We piloted the new certificate design at the Norfolk, Tampa, Minneapolis-St. Paul, and Sacramento Field Offices, as well as at the Nebraska Service Center.
The certificates of naturalization are:
- N-550, issued to an individual who obtains U.S. citizenship through the naturalization process;
- N-578, issued to a naturalized U.S. citizen to obtain recognition as a United States citizen by a foreign state; and
- N-570, issued when the original Certificate of Naturalization is lost, mutilated, or contains errors.
A Certificate of Citizenship is issued to an individual who obtains U.S. citizenship other than through birth in the United States or through naturalization. The various types of Certificates of Citizenship are:
- N-560A, issued to an applicant who derived citizenship after birth;
- N-560AB, issued to an applicant who acquired citizenship at birth;
- N-645 and N-645A, issued to the family of an individual who served honorably in the U.S. armed forces during a designated period of hostility and died as a result of injury or disease incurred in or aggravated by that service. Form N-645 is issued if the decedent was a male, and the N-645A if the decedent was a female.
- Form N-561, issued to replace a Certificate of Citizenship when the original certificate is lost, mutilated, or contains errors.
The redesigned certificates of citizenship and naturalization feature a large, central image against a complex patterned background, which helps deter the alteration of personal data. Each certificate possesses a unique image only visible under ultraviolet light and attempts to alter it will be evident. Posthumous Certificates of Naturalization and the Special Certificate of Citizenship each bear a different image, yet feature the same fraud-deterrent security features.
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