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Court says Chuck Yeager can sue Utah gun safe company
Legal News Digest | 2015/02/16 12:44
A federal appeals court says record-setting test pilot Chuck Yeager can sue a Utah gun safe company that named a line of safes after him.

The 10th U.S. Circuit Court of Appeals in Denver ruled Tuesday that the 91-year-old can sue Fort Knox Security Products over an oral agreement from the 1980s that allowed the use of his name and picture in exchange for free safes.

The decision says the arrangement ended around 2008, after Yeager's wife started asking questions about it.

The court dismissed some claims but ruled that Yeager can sue over claims that the company kept using his likeness after the agreement ended. The company disputes that accusation.

Yeager served during World War II and became the first person to break the sound barrier in 1947.


Two justices once open to cameras in court now reconsider
Court Press News | 2015/02/04 10:37
Two Supreme Court justices who once seemed open to the idea of cameras in the courtroom said Monday they have reconsidered those views, dashing even faint hopes that April's historic arguments over gay marriage might be televised.

In separate appearances, Justices Elena Kagan and Sonia Sotomayor said allowing cameras might lead to grandstanding that could fundamentally change the nature of the high court.

Sotomayor told an audience in West Palm Beach, Florida, that cameras could change the behavior of both the justices and lawyers appearing at the court, who might succumb to "this temptation to use it as a stage rather than a courtroom."

"I am moving more closely to saying I think it might be a bad idea," she said.

During her confirmation hearings in 2009, Sotomayor told lawmakers she had a positive experience with cameras and would try to soften other justices' opposition to cameras.

Speaking at the University of Chicago's Institute of Politics, Kagan told an audience that she is "conflicted" over the issue and noted strong arguments on both sides.

Kagan said that when she used to argue cases before the court as Solicitor General, she wanted the public to see how well prepared the justices were for each case "and really look as though they are trying to get it right."

But Kagan said she is wary now of anything "that may upset the dynamic of the institution."

She pointed to Congress, which televises floor proceedings, saying lawmakers talk more in made-for-TV sound bites than to each other.


Anxiety over Supreme Court's latest dive into health care
Legal News Digest | 2015/02/04 10:36
Nearly five years after President Barack Obama signed his health care overhaul into law, its fate is yet again in the hands of the Supreme Court.

This time it's not just the White House and Democrats who have reason to be anxious. Republican lawmakers and governors won't escape the political fallout if the court invalidates insurance subsidies worth billions of dollars to people in more than 30 states.

Obama's law offers subsidized private insurance to people who don't have access to it on the job. Without financial assistance with their premiums, millions of those consumers would drop coverage.

And disruptions in the affected states don't end there. If droves of healthy people bail out of HealthCare.gov, residents buying individual policies outside the government market would face a jump in premiums. That's because self-pay customers are in the same insurance pool as the subsidized ones.

Health insurers spent millions to defeat the law as it was being debated. But the industry told the court last month that the subsidies are a key to making the insurance overhaul work. Withdrawing them would "make the situation worse than it was before" Congress passed the Affordable Care Act.

The debate over "Obamacare" was messy enough when just politics and ideology were involved. It gets really dicey with the well-being of millions of people in the balance. "It is not simply a function of law or ideology; there are practical impacts on high numbers of people," said Republican Mike Leavitt, a former federal health secretary.

The legal issues involve the leeway accorded to federal agencies in applying complex legislation. Opponents argue that the precise wording of the law only allows subsidies in states that have set up their own insurance markets, or exchanges. That would leave out most beneficiaries, who live in states where the federal government runs the exchanges. The administration and Democratic lawmakers who wrote the law say Congress' clear intent was to provide subsidies to people in every state.


Supreme Court halts 3 upcoming executions in Oklahoma
Legal News Digest | 2015/01/30 11:25
The Supreme Court has ordered Oklahoma to postpone lethal injections executions using a controversial sedative until the court rules in a challenge involving the drug.

The court's order Wednesday came as little surprise after both the state and the lawyers for three inmates who faced execution between now and March requested the temporary halt. The justices agreed on Friday to take up the challenge to the use of the sedative midazolam, which has been used in problematic executions in Arizona, Ohio and Oklahoma.

The case will be argued in April and decided by late June.

Left open by the court's order is whether Oklahoma can carry out an execution that does not involve midazolam.


Panama high court OKs corruption probe of ex-president
Law Firm News | 2015/01/30 11:10
Panama's Supreme Court voted Wednesday to open a corruption probe against former President Ricardo Martinelli, a move likely to rally popular support in a nation where the politically powerful rarely face justice for misdeeds.

A statement from the court said all nine judges voted to appoint a special prosecutor to investigate Martinelli over allegations he inflated contracts worth $45 million to purchase dehydrated food for a government social program.

The accusation is based on the testimony of a political ally, Giacomo Tamburelli, the former head of the National Assistance Program who has said he was taking orders from the then president to inflate contracts. He is now under house arrest.

Martinelli, a billionaire supermarket magnate, has denied the charges and says he is the target of political persecution by his successor, Juan Carlos Varela, who broke with the government in 2011 while serving as Martinelli's vice president and foreign minister.


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