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News attorneys: Opioid distribution data should be public
Court News | 2019/05/03 10:08
Attorneys for news organizations argued Thursday that the U.S. public should be allowed to see federal data about how prescription opioids were distributed as the nation’s overdose crisis was worsening.

They urged a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati to overturn a lower court judge’s denial of access to the information. The judges will rule later.

“The value of transparency here is great,” said Karen C. Lefton, an Akron, Ohio, attorney representing The Washington Post. The data concerns “a public health crisis” that affects many more people than a typical case, she said.

The data is a key piece of evidence in hundreds of lawsuits filed by state and local governments against companies that make and distribute the drugs. The U.S. Drug Enforcement Administration database details the flow of prescription painkillers to pharmacies, showing the number and doses of pills.

A Justice Department attorney told the judges releasing the data would compromise investigations.

“This is an issue of really critical importance to the United States and DEA,” said government attorney Sarah Carroll. Making the information public, she said, “would tip defendants off to the scope of DEA investigations.”

Cleveland-based U.S. District Judge Dan Polster, who is overseeing more than 1,500 of the lawsuits, had ruled in July 2018 that the information cannot be made public. He said that doing so would reveal trade secrets. The Post and the HD Media newspaper chain, which had asked the court for the data, then appealed to the federal circuit.

The appellate judges raised a number of questions about Polster’s orders keeping the data secret and hundreds of filings in the case that are under seal.

Judge Eric Clay said it seemed that the secrecy in the case had “just gone overboard.” He told Carroll, of the Justice Department, that “just saying” cases would be compromised seems inadequate.


Loughlin, Huffman due in court in college admissions scam
Court News | 2019/04/01 12:23
Actresses Lori Loughlin and Felicity Huffman faced court appearances Wednesday on charges they took part in the college bribery scandal that has ensnared dozens of wealthy parents.

The actresses along with Loughlin’s fashion designer husband, Mossimo Giannulli, and dozens of others were charged last month in a scheme in which authorities say parents paid an admissions consultant to bribe college coaches and rig test scores to get their children into elite universities.

Huffman, Loughlin and Giannulli, whose Mossimo clothing had long been a Target brand, have not publicly commented on the allegations. They were set to make their first appearances in Boston’s federal court along with other parents charged in the scheme.

Loughlin, who played Aunt Becky on the sitcom “Full House” in the 1980s and ’90s, and Giannulli are accused of paying $500,000 to have their two daughters labeled as recruits to the University of Southern California crew team, even though neither participated in the sport.

The Hallmark Channel — where Loughlin starred in popular holiday movies and the series “When Calls the Heart” — cut ties with Loughlin a day after her arrest.

Loughlin and Giannulli’s daughter, social media star Olivia Jade Giannulli, was dropped from advertising deals with cosmetics retailer Sephora and hair products company TRESemme.


High court won’t referee dispute over Michael Jordan images
Court News | 2019/03/22 17:12
The Supreme Court said Monday it won’t step in to referee a copyright dispute between Nike and a photographer who took a well-known image of basketball great Michael Jordan. That means lower court rulings for the athletic apparel maker will stand.

Photographer Jacobus Rentmeester sued Nike after it used an image he took of Jordan in the 1980s as inspiration for a photograph it commissioned for its own ads. The company’s photo, which was used on posters and billboards, then became the basis for the “Jumpman” logo for Nike’s Air Jordan shoes. Rentmeester sued Beaverton, Oregon-based Nike in 2015 saying both the Nike photo and logo infringed on his copyright image.

Rentmeester’s original photo of Jordan was taken for Life magazine in 1984, while Jordan was a student at the University of North Carolina. It shows Jordan holding a basketball in his left hand and leaping, ballet-like toward a basketball hoop. At the time, Jordan was preparing for the upcoming Summer Olympics, which were being held in Los Angeles. In the photo, Jordan is wearing the U.S. Olympic team uniform.

Both Rentmeester’s photo and Nike’s photo involve a basketball hoop at the right side of the image and were taken from a similar angle. Jordan’s pose is similar in both photos. But in the Nike photo, Jordan is wearing the red and black of the Chicago Bulls, which he joined in 1984, and the Chicago skyline is the background. One other difference: In Rentmeester’s photo, Jordan is wearing Converse.

Rentmeester cried foul, argued that the differences between his photo and Nike’s were “minor,” and said that nearly every original element in his photo also appeared in Nike’s. Lower courts ruled for Nike.



Detained Saudi women's rights activists brought to court
Court News | 2019/03/13 16:28
Women's rights activists in Saudi Arabia appeared in a closed-door court hearing Wednesday on unknown charges after being detained in a crackdown last year, making their first appearance before a judge in a case that has sparked international outrage.

The arrests came just before Saudi Arabia began allowing women to drive, something women's rights activists had been demanding for years. The arrests showed that King Salman and his 33-year-old son, Crown Prince Mohammed bin Salman, are willing to crack down on any opposition even while courting the West.

It also was sandwiched between the mass arrest of businessmen in what authorities said was a campaign against corruption, and the killing of Washington Post columnist Jamal Khashoggi at the Saudi Consulate in Istanbul.

Saudi authorities did not respond to requests for comment Wednesday, and Saudi state media did not immediately report on the hearing. Authorities barred Western diplomats and journalists from the hearing in Riyadh, a person with knowledge of the hearing told The Associated Press. The person spoke on condition of anonymity for fear of reprisal.


Case about indigent drivers and drivers' licenses in court
Court News | 2019/03/09 10:46
A federal court judge will hear motions in a lawsuit over a North Carolina law that mandates the revocation of drivers' licenses for unpaid traffic tickets even if the driver can't afford to pay.

Advocacy groups sued in May, seeking to declare the law unconstitutional. A hearing will be held Wednesday in Winston-Salem on motions for a preliminary injunction and class certification.

The judge also will consider a motion by the defendant, the commissioner of the Division of Motor Vehicles, for a judgment in his favor.

The American Civil Liberties Union and other groups sued on behalf of indigent residents facing license revocation or whose licenses have been revoked.

They're asking that a judge declare the law unconstitutional, saying it violates due process rights under the 14th Amendment.


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