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Ala court upholds generic drug decision
Press Release |
2014/08/18 20:58
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The Alabama Supreme Court is standing by a decision that business sees as a defeat.
The court on Friday issued an opinion that mostly parallels its ruling last year in a generic drug case.
A divided court says the original decision isn't as broad as some are claiming. But a majority stuck by a 2013 decision saying a brand-name drugmaker can be held responsible by someone who took a generic medication made by a different company.
The Business Council of Alabama says it's disappointed. So is Wyeth, the drug manufacturer sued by Danny and Vicki Weeks over the man's use of a generic form of the brand-name medicine Reglan.
The Weeks filed suit in federal court, and a judge asked the Supreme Court to clarify state law. |
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German court receives suit against EU bank union
Press Release |
2014/07/28 19:21
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A group of German professors has filed a complaint to the country's highest court against the European Union's plans to create a so-called banking union, a central part of the effort to make the continent's financial system more resilient.
The Federal Constitutional Court said Monday it had received the complaint. It wasn't clear when the court might rule; verdicts on previous attempts to block measures meant to stem Europe's debt crisis took at least several months.
The group behind the complaint says the banking union "has no legal basis in the European treaties."
It objects to handing the European Central Bank direct supervision of the eurozone's biggest lenders with binding powers over national authorities, and opposes plans for a separate authority with the power to dissolve or restructure failing banks. |
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Montana court sends wind farm clash to California
Press Release |
2014/07/21 22:42
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A dispute over a Montana wind farm's potential to harm nearby nesting eagles and other birds should be heard in California, the Montana Supreme Court said Friday, in an opinion that deals a legal setback to the project's developers.
The legal row over the Rim Rock wind farm near Cut Bank began last year, when San Diego Gas & Electric accused developer NaturEner of concealing the possibility that eagles and other birds could be harmed by the 126-turbine project.
NaturEner, whose parent company is based in Spain, filed a competing lawsuit in Montana. Its attorneys alleged SDG&E was trying to get out of an unfavorable contract and using the eagle issue as an excuse.
The Rim Rock wind farm is near an area with seven golden eagle nests and Montana's densest concentration of ferruginous hawks. Under federal law, a take permit is required for activities that could injure, kill or otherwise harm protected birds such as eagles.
SDG&E alleges federal officials recommended to NaturEner that the wind farm needed such a permit. NaturEner has denied the claim.
Montana District Judge Brenda Gilbert ruled in May that the case should be heard in Montana because of Rim Rock's importance to the economies of Glacier and Toole counties. She also issued an injunction requiring the utility to pay NaturEner nearly $2 million a month. |
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High court grants Wheaton College plea
Press Release |
2014/07/07 20:47
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A divided Supreme Court on Thursday allowed, at least for now, an evangelical college in Illinois that objects to paying for contraceptives in its health plan to avoid filling out a government document that the college says would violate its religious beliefs.
The justices said that Wheaton College does not have to fill out the contested form while its case is on appeal but can instead write the Department of Health and Human Services declaring that it is a religious nonprofit organization and making its objection to emergency contraception. The college does provide coverage for other birth control.
Justices Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor said they would have denied Wheaton's request and made the college fill out a form that enables their insurers or third-party administrators to take on the responsibility of paying for the birth control.
The order follows the high court's decision on Monday giving Hobby Lobby Inc. and other businesses with religious objections the ability to opt out of paying for birth control for women covered by their employee health plans.
The Obama administration had already offered a way out of paying for the contraceptives to faith-affiliated charities, colleges and hospitals. They must fill out the document known as Form 700 that enables their insurers or third-party administrators to take on the responsibility of paying for the birth control. The employer does not have to arrange the coverage or pay for it. Insurers get reimbursed by the government through credits against fees owed under other provisions of the health care law. |
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