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Apps cost too much? Court allows suit adding to Apple’s woes
Headline News | 2019/05/12 04:04
Consumers can pursue a lawsuit complaining that iPhone apps cost too much, the Supreme Court ruled on Monday, adding to Apple’s woes that already include falling iPhone sales and a European investigation.

The lawsuit could have major implications for the tech giant’s handling of the more than 2 million apps in Apple’s App Store, where users get much of the software for their smartphones. While most of those apps are free to download, some impose fees for people to use the software and subscribe to the services.

In those cases, Apple charges a commission of 30%, a practice that the lawsuit contends unfairly drives up the price for the apps. Justice Brett Kavanaugh wrote the majority opinion that agreed the antitrust lawsuit can move forward in a lower court.

The court’s four liberal justices joined Kavanaugh, one of President Donald Trump’s two high court appointees, to reject a plea from Apple to end the lawsuit at this early stage. The decision did not involve the merits of the suit.

Apple argues it’s merely a pipeline between app developers and consumers, and that iPhone users have no claims against Apple under antitrust law and a 1977 Supreme Court decision. Tens of thousands of developers create the software and set the price, Apple says.

“We’re confident we will prevail when the facts are presented and that the App Store is not a monopoly by any metric,” Apple said in statement issued in response to Monday’s ruling. The lawsuit could take years to wind to its conclusion.



Supreme Court says 1 state can’t be sued in another’s courts
Legal Watch | 2019/05/11 04:05
The Supreme Court decided Monday that one state cannot unwillingly be sued in the courts of another, overruling a 40-year precedent and perhaps, foreshadowing an argument over the viability of other high court decisions.

The outcome left one dissenting justice wondering “which cases the court will overrule next.”

The justices divided 5-4 to end a long-running dispute between California officials and Nevada inventor Gilbert Hyatt.

Hyatt is a former California resident who sued California’s tax agency for being too zealous in seeking back taxes from him. Hyatt won a judgment in Nevada courts.

But Justice Clarence Thomas wrote for the court’s conservative justices that the Constitution forbids states from opening the doors of their courts to a private citizen’s lawsuit against another state. In 1979, the high court concluded otherwise.

The four liberal justices dissented, saying they would have left alone the court’s decision in Nevada v. Hall. Justice Stephen Breyer said there are good reasons to overrule an earlier case, including that it is no longer workable or a vestige of an otherwise abandoned legal doctrine.

But Breyer said that justices should otherwise adhere to the principle of stare decisis, Latin for to stand by things decided.



News attorneys: Opioid distribution data should be public
Headline News | 2019/05/07 17:28
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.


Trump, GOP states ask appeals court to kill ‘Obamacare’
Headline News | 2019/05/06 00:26
Taking a harder line on health care, the Trump administration joined a coalition of Republican-led states Wednesday in asking a federal appeals court to entirely overturn former President Barack Obama’s signature health care law — a decision that could leave millions uninsured.

Congress rendered the Affordable Care Act completely unconstitutional in 2017 by eliminating an unpopular tax penalty for not having insurance, the administration and GOP states told the court.

The “Obamacare” opponents hope to persuade the 5th U.S. Circuit Court of Appeals in New Orleans to uphold U.S. District Court Judge Reed O’Connor’s ruling late last year striking down the law.

If the ruling is allowed to stand, more than 20 million Americans would be at risk of losing their health insurance, re-igniting a winning political issue for Democrats heading into the 2020 elections. President Donald Trump, who never produced a health insurance plan to replace “Obamacare,” is now promising one after the elections.

The Trump administration acknowledged it had changed positions in the case. Early on, the administration argued that only certain key parts of the ACA, such as protections for people with pre-existing medical conditions, should be invalidated. But it said other important provisions such as Medicaid expansion, subsidies for premiums and health insurance markets could continue to stand.

Wednesday, the administration said it had reconsidered in light of O’Connor’s ruling. “The remaining provisions of the ACA should not be allowed to remain in effect — again, even if the government might support some individual positions as a policy matter,” the administration wrote in its court filing.

The Justice Department’s legal brief also seemed to be trying to carve out some exceptions. For example, the administration said the ACA’s anti-fraud provisions should remain in effect.


Arizona court says Costco can be sued over ED drug disclosure
Court Center | 2019/05/03 00:25
The Arizona Court of Appeals has ruled that the Costco warehouse store chain can be sued for privacy violations by a Phoenix-area man because a pharmacist joked with his ex-wife about an erectile dysfunction prescription he had never picked up.

The ruling issued Tuesday revived the lawsuit the man filed after the pharmacist told his ex-wife about the prescription when she went to pick up another prescription with his approval. The man had called Costco twice to cancel the prescription before his ex-wife went to the north Phoenix store in early 2016, but the pharmacist did not do so, according to the ruling.

Attorney Joshua Carden filed the lawsuit for the man alleging a variety of violations, but it was dismissed by a trial-court judge. The Court of Appeals revived sections alleging negligence under federal health care privacy law commonly called HIPAA. The ruling potentially allows him to seek punitive damages.

The ruling is the first to say that negligence claims under HIPAA can be brought in Arizona courts, Carden said.

“If there is a big deal in the case it’s that the court went ahead and said yes to negligence claims based on HIPAA violations,” Carden said. “That’s not ever been announced in Arizona before.”

The federal health privacy law doesn’t allow individuals to sue for violations in federal court, he said, and state courts haven’t always been clear about that right.


EPA reaffirms glyphosate safe for users as court cases grow
Legal News | 2019/05/01 22:37
The Environmental Protection Agency reaffirmed Tuesday that a popular weed killer is safe for people, as legal claims mount from Americans who blame the herbicide for their cancer.

The EPA’s draft conclusion Tuesday came in a periodic review of glyphosate, the active ingredient in Roundup. The agency found that it posed “no risks of concern” for people exposed to it by any means — on farms, in yards and along roadsides, or as residue left on food crops.

The EPA’s draft findings reaffirmed that glyphosate “is not likely to be carcinogenic to humans.”

Two recent U.S. court verdicts have awarded multimillion-dollar claims to men who blame glyphosate for their lymphoma. Bayer, which acquired Roundup-maker Monsanto last year, advised investors in mid-April that it faced U.S. lawsuits from 13,400 people over alleged exposure to the weed killer.

Bayer spokesmen did not immediately respond Tuesday to an email seeking comment.

Nathan Donley, a scientist at the Center for Biological Diversity environmental group, said the agency is relying on industry-backed studies and ignoring research that points to higher risks of cancer.

In 2015, the International Agency for Research on Cancer, part of the World Health Organization, classified glyphosate as ”probably carcinogenic to humans.” The agency said it relied on “limited” evidence of cancer in people and “sufficient” evidence of cancer in study animals.

The EPA draft review says the agency found potential risk to mammals and birds that feed on leaves treated with glyphosate, and risk to plants. The agency is proposing adding restrictions to cut down on unintended drift of the weed killer, including not authorizing spraying it by air when winds are above 15 mph.


Roggensack Re-Elected as Wisconsin Supreme Court Chief
Court Center | 2019/04/30 22:38
Wisconsin Supreme Court Chief Justice Patience Roggensack has been re-elected to a third, two-year term leading the court.

The court announced her re-election by fellow justices Tuesday. The result was public, but the vote was done in secret and the breakdown was not announced.

Roggensack replaced Justice Shirley Abrahamson as chief justice in 2015 after voters approved a constitutional amendment giving justices the power to elect the chief justice. Prior to that it had automatically gone to the longest-serving member, who is Abrahamson.

Roggensack is one of the four majority conservative justices. Abrahamson is one of three minority liberal members.

Roggensack says in a statement that she is honored to continue serving as chief justice. She has been on the Supreme Court since 2003.

The chief justice also serves as the administrative head of Wisconsin's judicial system.


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