Category Archives: Supreme Court

Supreme Court – The latest news about Supreme Court from the Lawstarz Blog – Latest news and coverage of the U.S. Supreme Court.

Court rejects state’s appeal in KKK highway cleanup case

Dismissing an appeal on a technicality, Georgia’s highest court granted a victory to a Ku Klux Klan group that has been seeking for years to participate in a state-run highway cleanup program

Dismissing an appeal on a technicality, Georgia’s highest court granted a victory to a Ku Klux Klan group that has been seeking for years to participate in a state-run highway cleanup program.

The Georgia Supreme Court on Tuesday rejected the state’s appeal of a lower court decision that the state had violated the KKK group’s free speech rights. The Department of Transportation filed its appeal incorrectly, leaving the high court without authority to consider its merits, the opinion said.

The state attorney general’s office, which represents the department, is reviewing the decision and considering its options, spokesman Nicholas Genesi said in an email.

The north Georgia KKK group applied to join the state’s Adopt-A-Highway program in May 2012, hoping to pick up litter along part of Route 515 in the Appalachian Mountains. The program was started in 1989 to get volunteers to clean up sections of roads in the state. In exchange, the Department of Transportation posts a sponsorship sign along the road with the program logo and the volunteer group’s name.

Read more here: http://www.miamiherald.com/news/nation-world/article87664407.html#storylink=cpy

Airbnb takes San Francisco to federal court over short-term rental law

Taryn Phaneuf Jun. 30, 2016, 8:48pm

SAN FRANCISCO – Airbnb has sued the city and county of San Francisco over a law that puts companies like it on the hook if they promote short-term housing rentals by a host that hasn’t registered with the city and county.

“As the ordinance’s own sponsors have described it, the ordinance holds ‘hosting platforms accountable for the hundreds of units (rented by) unscrupulous individuals’ posting listings on their websites,” the court complaint reads. “As such, the ordinance unquestionably treats online platforms such as Airbnb as the publisher or speaker of third-party content and is completely preempted by the CDA.”

In 2014, San Francisco began requiring residents who rent rooms or entire homes to tourists through websites like Airbnb, VRBO and HomeAway to register. But enforcement has been an issue: Only about 1,400 of an estimated 7,000 hosts had registered more than a year later. The San Francisco Board of Supervisors passed an amendment June 14 requiring websites to vet local listings and only post those whose hosts are registered. It fines companies if they don’t comply with the law.

Airbnb opposed the addition to the law and now has officially challenged it through a lawsuit filed in U.S. District Court in San Francisco, claiming it violates Section 230 of the Communications Decency Act of 1996, which protects online services that publish third-party content from being held liable for the speech and actions of others.

Full Article – http://norcalrecord.com/stories/510941383-airbnb-takes-san-francisco-to-federal-court-over-short-term-rental-law

Merck’s patent win over Gilead reversed over false testimony

Merck & Co.’s $200 million jury verdict against Gilead Sciences Inc. was voided in a patent dispute over a breakthrough for hepatitis C because of misconduct by a witness at the companies’ trial.

A federal judge concluded Monday that dishonest and duplicitous testimony by a retired Merck scientist before and during a March trial played into the jury’s finding that the company was responsible for early discoveries that led to the development of Gilead’s Sovaldi and Harvoni medicines.

The scientist “intentionally fabricated testimony” and Merck supported his “bad faith conduct,” U.S. District Judge Beth Labson Freeman in San Jose, California, said in her ruling.

The reversal of the fifth-largest U.S. verdict this year vindicates Gilead in its refusal to share royalties with Merck on the more than $20 billion revenue the hepatitis C drugs generated from 2013 through 2015 in the U.S. The Foster City, California-based company’s sales have started to slow this year as competition for the liver disease market intensifies among drugmakers.

“This is a nice little bump for Gilead who’d already accounted for the $200 million,” said Bloomberg Intelligence analyst Asthika Goonewardene. “But of course, this is a big win and will be beneficial to Gilead and how they can claim ownership of the drug in the long run.”

Merck vowed to appeal Monday’s ruling, saying it “does not reflect the facts of the case.”

“In its decision, the jury recognized that patent protections are essential to the development of new medical treatments,” the company said in an email. “The compounds and methods at issue in this case facilitated significant advances in the treatment of patients with HCV infection, and achieving these advancements required many years of research and significant investment by Merck and its partners.”

Gilead said it “has always believed Merck’s patents are invalid and unenforceable.”

“We are pleased the court has ruled in Gilead’s favor and determined that Merck’s patents are unenforceable against Gilead, and therefore, Merck is not entitled to recover any damages,” the company said in an email.

Labson Freeman re-opened the case in April after Gilead alleged that ex-Merck scientist Phil Durette gave conflicting statements about his participation in a key phone call some 15 years earlier when the drug’s basic composition was first presented to Merck.

Durette initially said in a pretrial deposition he wasn’t on a phone call in which secrets about the compound’s basic chemistry were discussed while Merck was exploring a take-over of Pharmasset Inc., a company that was later acquired by Gilead. When testifying to the jury after checking his notes, Durette admitted to playing a role in the meeting.

“Dr. Durette’s lying at his deposition, recanting that testimony at trial without proper prior notice to Gilead, and further untruthful testimony at trial all support the court’s conclusion that Merck did intend to deceive Gilead and the court,” the judge wrote.

She said Merck’s actions were “even more egregious” because Durette was acting as the company’s patent attorney.

Merck’s victory at trial had set the stage for it to seek future royalty payments from Harvoni and Sovaldi, which sells for $1,000-a-pill in the U.S., before discounts and rebates.

While Gilead continues to dominate the market, the lull in its hepatitis C treatment revenue opened the door to Amgen Inc. retaking its place as the world’s top biotech firm by market capitalization.

The case is Gilead Sciences Inc. v. Merck & Co., 13-cv-04057, U.S. District Court, Northern District of California (San Jose).

Full Article – http://www.theindianalawyer.com/mercks-patent-win-over-gilead-reversed-over-false-testimony/PARAMS/article/40559

Conn. Court Ruling Makes It Easier to Increase Child Support Payments

Decision makes it easier for former spouses to claim higher payments

New lawsuit against Duke Energy alleges coal ash polluting N.C. lake

by Jenna Martin

A new lawsuit filed Monday alleges that a Duke Energy coal ash pond in the northern part of North Carolina is contaminating surrounding water sources and that the Charlotte-based utility stands in violation of the federal Clean Water Act.

Filed in the U.S. Middle District Court of North Carolina by attorneys with the Southern Environmental Law Center on behalf of the Roanoke River Basin Association, the 25-page complaint focuses on Duke’s coal-fired Mayo power plant near Roxboro. It asserts that about 6.9 million tons of coal ash is stored in a leaking, unlined pit along the banks of Mayo Lake and polluting the fishing lake, a stream feeding into Dan River and the Roanoke River Basin, adjacent wetlands and surrounding groundwater with heavy metals.

The suit states that the Roanoke River Basin Association notified Duke Energy (NYSE: DUK), the Environmental Protection Agency and the N.C. Department of Environmental Quality on April 11 of the violations and its intent to take legal action if they were not corrected within 60 days.

It contends that Duke Energy has built a lined landfill on property near the Mayo plant where the coal ash could be relocated. The association asks that the court require Duke to move the ash to a lined, solid-waste landfill away from the lake and tributary and asses a civil penalty of up to $37,500 per violation each day.

The plant, which according to Duke began operating commercially in 1983, is located near the Virginia border and about 70 miles east of Duke’s Dan River Steam Station near Eden — the site of a 2014 spill of 39,000 tons of coal ash into the river. Back in March, state regulators told Duke Energy it is subject to fines and penalties for improper leaks at coal ash ponds at 12 plants, including Mayo.

That follows a $7 million settlement reached last October between Duke and the DEQ to resolve groundwater-contamination issues at all 14 of Duke’s coal plants in the state — an order the SELC contested.

Full Article – http://www.bizjournals.com/charlotte/news/2016/06/14/new-lawsuit-against-duke-energy-alleges-coal-ash.html

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