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Farmers tied to listeria outbreak to plead guilty
Legal Focuses |
2013/10/23 11:59
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Two Colorado cantaloupe farmers are expected to plead guilty under a deal with federal prosecutors in the 2011 listeria outbreak that killed 33 people.
Eric and Ryan Jensen have a change-of-plea hearing scheduled in federal court in Denver on Tuesday. They were charged last month with introducing adulterated food into interstate commerce. At the time, the Food and Drug Administration said the rare move was meant to send a message to food producers.
Criminal charges are rare in food-borne illnesses, but the FDA under President Barack Obama has been more aggressive in pursuing farmers and food processors for alleged lapses.
The brothers filed documents last week notifying the court that they would plead guilty to unspecified charges under their agreements. |
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Supreme Court term begins amid government shutdown
Legal Focuses |
2013/10/11 11:07
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The Supreme Court began its new term Monday by turning away hundreds of appeals, including Virginia's bid to revive its anti-sodomy law.
The justices took the bench just past 10 o'clock on the first Monday in October, even as much of the rest of the government was coping with a partial shutdown.
Chief Justice John Roberts formally opened the new term without any reference to the partisan impasse over the budget and the new health care law that his vote helped uphold in 2012.
The court has announced it will operate normally at least through the end of this week. The justices are hearing six arguments, including a challenge to limits on campaign contributions.
Among the appeals denied Monday was Virginia Attorney General Ken Cuccinelli's request to review a federal appeals court ruling that threw out the state's ban on oral and anal sex. Ten years ago, the Supreme Court struck down the Texas anti-sodomy law in a case involving two adults. Virginia argued that the Texas ruling did not apply to sex acts between adults and minors.
The justices did not comment in rejecting that argument Monday.
The court also declined to hear, at least for now, Argentina's appeal of a ruling that orders it to pay hedge funds that bought up some of the country's unpaid debt from its default in 2001. The country is continuing to pursue its case in federal court in New York and could file another appeal with the Supreme Court.
The new term may be short on the sort of high-profile battles over health care and gay marriage that marked the past two years, but the court already has agreed to hear important cases about campaign contributions, housing discrimination, government-sanctioned prayer and the president's recess appointments. Abortion, contraceptive coverage under the new health care law and cellphone privacy also may find their way onto the court's calendar. |
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NC court dumps speedway's suit over $80M deal
Legal Focuses |
2013/10/04 13:58
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A North Carolina court says it will not revive a lawsuit from one of the country's largest auto racing track operators which says local officials reneged on millions of dollars in tax breaks for a new drag strip.
A three-judge state Court of Appeals panel ruled Tuesday against Speedway Motorsports Inc. and Charlotte Motor Speedway, which sued Cabarrus County.
The companies had threatened to move the 135,000-seat speedway and build a new drag strip somewhere other than the Charlotte region unless they got the tax breaks. They say they decided to build the drag strip and upgrade the speedway after an oral agreement for $80 million in tax breaks.
The appeals court says there was no binding contract since nothing was put in writing until after the drag strip opened.
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Butte man pleads guilty in overdose death
Legal Focuses |
2013/09/30 15:57
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A 20-year-old Butte man has pleaded guilty to a selling a prescription narcotic patch to a man who died of an overdose.
The U.S. Attorney's Office says Dacota Robert Rogers pleaded guilty to distribution of Fentanyl during a hearing Friday before U.S. District Judge Sam Haddon in Helena. Sentencing is set for Feb. 21.
Court records say Rogers told investigators that he sold the victim the patch for $35 last December and showed him how to smoke it. The man died of an overdose on Dec. 8.
Fentanyl is a synthetic opiate used to manage moderate to severe pain for patients who don't get enough relief from morphine or oxycodone. |
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Appeals court panel considers TABOR challenge
Legal Focuses |
2013/09/25 11:59
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Colorado is asking the federal courts to stay out of a dispute about whether its strict tax and spending limits has robbed the state of a republican form of government.
In arguments Monday, state Solicitor General Daniel Domenico told a three-judge panel of the 10th U.S. Circuit Court of Appeals that lawmakers still have the ability to ask voters to approve a tax increase if they think one is needed under the Taxpayer's Bill of Rights.
"Just because it's a little bit harder doesn't make it unrepublican," he said of the referendum needed to raise taxes under TABOR.
Domenico said that if lawmakers tried and failed to win a tax increase, they might have a case. But he also argued that courts haven't gotten involved in enforcing the provision in the U.S. Constitution guaranteeing a republic — or representative democracy — to the states, leaving that to Congress instead. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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