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Ariz. governor on deadline for immigration appeal
Topics in Legal News |
2011/08/10 08:55
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Arizona Gov. Jan Brewer faces a Wednesday deadline for asking the U.S. Supreme Court to accept her appeal of a ruling that put on hold key parts of the state's immigration enforcement law.
The Republican governor lost her first attempt to throw out a district court's decision that blocks, among other portions of the law, a provision requiring police, while enforcing other laws, to question the immigration status of those they suspect are in the country illegally, when a three-judge panel of the 9th Circuit Court of Appeals rejected her motion in April.
Brewer vowed three months ago to take her argument before the nation's highest court, which has discretion on whether to hear her case.
The 9th Circuit said the federal government is likely to be able to prove the law is unconstitutional and likely to succeed in its argument that Congress has given the federal government sole authority to enforce immigration laws.
Brewer's lawyers have argued that the federal government hasn't effectively enforced immigration law and that the state's intent in passing its own regulations was to assist federal authorities, as Congress has encouraged.
They also have argued the district court judge erred by accepting speculation by the federal government that the law might burden legal immigrants and by concluding the federal government would likely prevail. |
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Court upholds Chinese journalist's jail sentence
Topics in Legal News |
2011/08/01 04:47
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The lawyer for a Chinese journalist behind bars after writing about suspected corruption says a court has rejected an appeal against a new sentence ordered just before the reporter was to be released.
Beijing attorney Wang Quanzhang says he received on Monday the decision on the case of reporter Qi Chonghuai by a court in Shandong province.
Wang says the case sets a dangerous precedent because Qi was being tried a second time in June on similar charges to those which he faced in 2008. Qi was near the end of a four-year jail term when the second trial resulted in another eight years' imprisonment.
Rights groups say Qi was arrested in 2007 after he wrote about a local official who had beaten a woman for coming late to work. |
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Calif Supreme Court rules on illegal local taxes
Topics in Legal News |
2011/07/26 09:16
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Ruling in a Los Angeles case, the California Supreme Court has ruled taxpayers can file class-action claims when seeking refunds from cities and counties for illegal local taxes.
Monday's unanimous ruling overturns lower-court rulings requiring taxpayers to file individual refund claims.
In class action claims, an individual can win damages for an entire group of people affected by the same unlawful action.
The San Francisco Chronicle says Estuardo Ardon sued the city of Los Angeles in 2006, claiming a city telephone tax was illegal because it was linked to a federal excise tax that had been ruled invalid. The suit seeks millions of dollars in refunds for all phone customers in the city.
But the case has remained on hold while state courts determined whether Ardon can represent a group. |
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Bill revision could mean money for NJ drug company
Topics in Legal News |
2011/07/05 09:25
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A billion-dollar "technical revision" added to a patent bill passed by the House last week could provide huge financial benefits to one pharmaceutical company and a law firm.
On the surface, the barely noticed amendment simply clarifies a process by which the Food and Drug Administration approves a patent for a brand-name drug, and gives the manufacturer 60 days to apply for an extension with the U.S. Patent and Trade Office.
In reality, the measure could give a New Jersey drugmaker, The Medicines Co., 2½ more years of patent protection for its lucrative blood thinner Angiomax. It would also save the law firm WilmerHale $214 million it would owe the drug company under a malpractice lawsuit if a generic alternative is sold in the United States before June 15, 2015.
The amendment barely won House approval and it is not a part of the Senate version of the patent system overhaul bill, so it is questionable whether it will ever become law. The amendment would write into law a court decision in favor of the drug company and would pre-empt any appeal.
It shows how, hidden behind the lines of obtuse legislative language, huge fortunes can be at stake, sometimes for specific companies. |
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Mich. man sues, wants Chevron stock at '04 price
Topics in Legal News |
2011/07/04 00:02
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A former lawyer intrigued by the global demand for energy says he chose to invest $100,000 in oil giant Chevron Corp. back in 2004, a smart stock bet that now would have doubled seven years later.
But Perry Christy has a big problem: He says Chevron's stock agent never deducted money from his bank account. As a result, he has no records to show he actually owns a certain number of shares.
So Christy, 69, is suing Chevron and Mellon Investor Services and seeking an extraordinary remedy. He wants a federal judge to declare that he should be credited with buying the stock at a June 2004 price, plus any additional shares that would have piled up by reinvesting dividends. Then he'll pay $100,000.
Based on the terrific rise in San Ramon, Calif.-based Chevron's stock, it would be like winning the lottery—and then buying a ticket.
"There was some kind of mix-up on the day I placed the order," Christy insisted in an interview at his home in the Detroit suburb of Northville. "Whether mechanical or electronic, I don't think we'll ever know. But it's their screw-up. When you deal with any large bureaucracy, people are focused on their own narrow niche."
After more than a year in court, Chevron and Mellon smell a scam and want the case dismissed, even suggesting that Christy's story of a genuine yet botched investment simply is a lie. |
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