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Court rules against Florida officials on medical marijuana
Lawyer Interview |
2019/07/07 14:18
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A Florida appellate court ruled that the state's approach to regulating marijuana is unconstitutional, possibly allowing more providers to jump into a market positioned to become one of the country's most lucrative.
If the ruling stands, it could force state officials to lift existing caps on how many medical marijuana treatment centers can operate in Florida.
Tuesday's ruling by the 1st District Court of Appeal in Tallahassee was another setback for Florida officials trying to regulate the burgeoning marijuana industry more tightly. It mostly affirmed a lower court's ruling that the caps and operational requirements violated the voter-approved constitutional amendment legalizing medical marijuana in 2016.
Ever since, the law has been a subject of debate in the legislature and courts. It was unclear whether Florida officials would appeal the ruling.
Florida now has more than 240,000 people registered with the state to legally use medicinal marijuana, according to the Office of Medical Marijuana Use. They are served by 142 dispensaries across the state, the majority operated by about a half-dozen medical marijuana treatment centers that grow their own crop, process it and sell it ? a business model known as vertical integration.
That business model and the limited number of treatment centers were points of contention for Tampa-based Florigrown, which sued the state after being denied a license. |
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Validity of Obama health care law at issue in appeal hearing
Lawyer Interview |
2019/07/05 14:20
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An appeals court will hear arguments Tuesday on whether Congress effectively invalidated former President Barack Obama’s entire signature health care law when it zeroed out the tax imposed on those who chose not to buy insurance.
It’s unclear when the three-judge panel of the 5th U.S. Circuit Court of Appeals panel will rule in a case that appears destined for the Supreme Court, which has reviewed the law, and its coverage and insurance protections for millions of Americans, before. The ultimate outcome will affect protections for people with pre-existing conditions, Medicaid expansions covering roughly 12 million people, and subsidies that help about 10 million others afford health insurance.
Tuesday’s arguments are the latest in a lawsuit filed by Republican officials in 18 states, led by the Texas Attorney General’s Office. It was filed after Congress ? which didn’t repeal the law, despite pressure from President Donald Trump ? reduced to zero the unpopular tax imposed on those without insurance.
In challenging the law anew, “Obamacare” opponents noted the 2012 ruling of a divided Supreme Court that upheld the law. Conservative justices had rejected the argument that Congress could require everyone to buy insurance under the Constitution’s interstate commerce clause. But Chief Justice John Roberts, joining four liberal justices, said Congress did have the power to impose a tax on those without insurance.
With no tax penalty now in effect, the Texas lawsuit argues, the individual mandate is unconstitutional and the entire law must fall without it. Texas-based U.S. District Judge Reed O’Connor agreed in a December ruling. The law’s supporters appealed.
In addition to the 18 states, two individual taxpayers are part of the lawsuit. The Trump administration is not defending the law and has filed arguments in favor of O’Connor’s ruling.
California’s attorney general represents a coalition of mostly Democratic-led states and the District of Columbia seeking to overturn O’Connor’s ruling and uphold the law. The House of Representatives has joined them. Among the arguments by the law’s supporters: Those who filed suit have no case because they aren’t harmed by a penalty that doesn’t exist; the reduction of the tax penalty to zero could be read as a suspension of the tax, but the tax’s legal structure still exists; and that, even if the individual mandate is now unconstitutional, that does not affect the rest of the law known as the Affordable Care Act. |
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Brazil's supreme court votes to make homophobia a crime
Lawyer Interview |
2019/06/13 16:37
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Brazil's supreme court officially made homophobia and transphobia crimes similar to racism on Thursday, with the final justices casting their votes in a ruling that comes amid fears the country's far-right administration is seeking to roll back LGBT social gains.
Six of the Supreme Federal Tribunal's 11 judges had already voted in favor of the measure in late May, giving the ruling a majority. The final justices voted Thursday for a tally of eight votes for and three against.
Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.
The court's judges have said the ruling was to address an omission that had left the LGBT community legally unprotected.
"In a discriminatory society like the one we live in, the homosexual is different and the transsexual is different. Every preconception is violence, but some impose more suffering than others," said justice Carmen Lucia.
Justice Ricardo Lewandowski, one of the judges who voted against the measure, recognized the lack of congressional legislation on the issue but said he voted against putting homophobia inside the framework of the racism legislation because only the legislature has the power to create "types of crimes" and set punishments. |
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Carnival will pay $20m over pollution from its cruise ships
Lawyer Interview |
2019/06/03 09:51
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Carnival Corp. reached a settlement Monday with federal prosecutors in which the world’s largest cruise line agreed to pay a $20 million penalty because its ships continued to pollute the oceans despite a previous criminal conviction aimed at curbing similar conduct.
Senior U.S. District Judge Patricia Seitz approved the agreement after Carnival CEO Arnold Donald stood up in open court and admitted the company’s responsibility for probation violations stemming from the previous environmental case.
“The company pleads guilty,” Arnold said six times in a packed courtroom that include other senior Carnival executives, including company chairman and Miami Heat owner Micky Arison.
“We acknowledge the shortcomings. I am here today to formulate a plan to fix them,” Arnold added
“The proof will be in the pudding, won’t it?” the judge replied. “If you all did not have the environment, you would have nothing to sell.”
Carnival admitted violating terms of probation from a 2016 criminal conviction for discharging oily waste from its Princess Cruise Lines ships and covering it up. Carnival paid a $40 million fine and was put on five years’ probation in that case, which affected all nine of its cruise brands that boast more than 100 ships.
Now Carnival has acknowledged that in the years since its ships have committed environmental crimes such as dumping “gray water” in prohibited places such Alaska’s Glacier Bay National Park and knowingly allowing plastic to be discharged along with food waste in the Bahamas, which poses a severe threat to marine life.
The company also admitted falsifying compliance documents and other administrative violations such as having cleanup teams visit its ships just before scheduled inspections.
Seitz at an earlier hearing threatened to bar Carnival from docking at U.S. ports because of the violations and said she might hold executives individually liable for the probation violations.
“The concern I have is that senior management has no skin in the game,” Seitz said, adding that future violations might be met with prison time and criminal fines for individuals. “My goal is to have the defendant change its behavior.”
Under the settlement, Carnival promised there will be additional audits to check for violations, a restructuring of the company’s compliance and training programs, a better system for reporting environmental violations to state and federal agencies and improved waste management practices. |
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Students in Colorado shooting face murder, other charges
Lawyer Interview |
2019/05/11 09:17
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Two students suspected of opening fire at their school are charged with over a dozen counts of murder and attempted murder as well as theft and arson, prosecutors said Wednesday.
The charges came on the same day a memorial service was being held for the one student who was killed in the May 7 shooting at the STEM School Highlands Ranch on May 7. Wight students were injured.
The accused gunmen, 18-year-old Devon Erickson and 16-year-old Alec McKinney, were arrested at the school and investigators say they opened fire inside using handguns.
The charges were listed in electronic court records. It wasn't clear if McKinney was being charged as an adult.
The celebration of 18-year-old Kendrick Castillo's life will be held at Cherry Hills Community Church in Highlands Ranch. The senior was just days from graduating when he was fatally wounded.
Castillo along with classmates Brendan Bialy and Joshua Jones are credited with helping minimize the bloodshed by charging at one of the suspects in a classroom.
According to Bialy, Castillo sprang into action against the shooter "and immediately was on top of him with complete disregard for his own safety." Jones said he was shot twice in the leg during the ordeal. Bialy said he was able to take the attacker's weapon.
All the injured students have been released from hospitals. |
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News attorneys: Opioid distribution data should be public
Lawyer Interview |
2019/05/07 10:21
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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.
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