12/24/2023

Paramedics convicted in Elijah McClain's death after administering ketamine

Two Denver-area paramedics were convicted Friday for giving a fatal overdose of the sedative ketamine to Elijah McClain in 2019 — a jury verdict that experts said could have a chilling effect on first responders around the country. The case involving the 23-year-old Black man’s death was the first among several recent criminal prosecutions against medical first responders to reach trial, potentially setting the bar for prosecutors for future cases. It also was the last of three trials against police and paramedics charged in the death of McClain, whom officers stopped following a suspicious person complaint. He was injected with the sedative after being forcibly restrained. The case received little attention until protests over the 2020 killing of George Floyd in Minneapolis. An Aurora police officer was convicted of homicide and third degree assault earlier this year, while two other officers were acquitted. The jury on Friday found Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec guilty of criminally negligent homicide following a weekslong trial in state district court. They could face years in prison at sentencing. The jury also found Cichuniec guilty on one of two second-degree assault charges, which brings the possibility of an enhanced prison sentence and required that he be taken into immediate custody. Cooper was found not guilty on the assault charges and was not taken into custody.

12/19/2023

Google to pay $700 million to US states, consumers in app store settlement

Google has agreed to pay $700 million and make several other concessions to settle allegations that it had been stifling competition against its Android app store — the same issue that went to trial in another case that could result in even bigger changes. Although Google struck the deal with state attorneys general in September, the settlement’s terms weren’t revealed until late Monday in documents filed in San Francisco federal court. The disclosure came a week after a federal court jury rebuked Google for deploying anticompetitive tactics in its Play Store for Android apps. The settlement with the states includes $630 million to compensate U.S. consumers funneled into a payment processing system that state attorneys general alleged drove up the prices for digital transactions within apps downloaded from the Play Store. That store caters to the Android software that powers most of the world’s smartphones. Like Apple does in its iPhone app store, Google collects commissions ranging from 15% to 30% on in-app purchases — fees that state attorneys general contended drove prices higher than they would have been had there been an open market for payment processing. Those commissions generated billions of dollars in profit annually for Google, according to evidence presented in the recent trial focused on its Play Store. Eligible consumers will receive at least $2, according to the settlement, and may get additional payments based on their spending on the Play store between Aug. 16, 2016 and Sept. 30, 2023. The estimated 102 million U.S. consumers who made in-app purchases during that time frame are supposed to be automatically notified about various options for how they can receive their cut of the money. Another $70 million of the pre-trial settlement will cover the penalties and other costs that Google is being forced to pay to the states. Although Google is forking over a sizeable sum, it’s a fraction of the $10.5 billion in damages that the attorneys general estimated the company could be forced to pay if they had taken the case to trial instead of settling. Google also agreed to make other changes designed to make it even easier for consumers to download and install Android apps from other outlets besides its Play Store for the next five years. It will refrain from issuing as many security warnings, or “scare screens,” when alternative choices are being used. The makers of Android apps will also gain more flexibility to offer alternative payment choices to consumers instead of having transactions automatically processed through the Play Store and its commission system. Apps will also be able to promote lower prices available to consumers who choose an alternate to the Play Store’s payment processing.

12/10/2023

Texas Supreme Court blocks Kate Cox's emergency abortion approval

The Texas Supreme Court on Friday night put on hold a judge’s ruling that approved an abortion for a pregnant woman whose fetus has a fatal diagnosis, throwing into limbo an unprecedented challenge to one of the most restrictive bans in the U.S. The order by the all-Republican court came more than 30 hours after Kate Cox, a 31-year-old mother of two from the Dallas area, received a temporary restraining order from a lower court judge that prevents Texas from enforcing the state’s ban in her case. In a one-page order, the court said it was temporarily staying Thursday’s ruling “without regard to the merits.” The case is still pending. “While we still hope that the Court ultimately rejects the state’s request and does so quickly, in this case we fear that justice delayed will be justice denied,” said Molly Duane, an attorney at the Center for Reproductive Rights, which is representing Cox. Cox’s attorneys have said they will not share her abortion plans, citing concerns for her safety. In a filing with the Texas Supreme Court on Friday, her attorneys indicated she was still pregnant. Cox was 20 weeks pregnant this week when she filed what is believed to be the first lawsuit of its kind since the landmark U.S. Supreme Court ruling last year that overturned Roe v. Wade. The order issued Thursday only applied to Cox and no other pregnant Texas women. Cox learned she was pregnant for a third time in August and was told weeks later that her baby was at a high risk for a condition known as trisomy 18, which has a very high likelihood of miscarriage or stillbirth and low survival rates, according to her lawsuit. Furthermore, doctors have told Cox that if the baby’s heartbeat were to stop, inducing labor would carry a risk of a uterine rupture because of her two prior cesareans sections, and that another C-section at full term would would endanger her ability to carry another child. Republican Texas Attorney General Ken Paxton argued that Cox does not meet the criteria for a medical exception to the state’s abortion ban, and he urged the state’s highest court to act swiftly. “Future criminal and civil proceedings cannot restore the life that is lost if Plaintiffs or their agents proceed to perform and procure an abortion in violation of Texas law,” Paxton’s office told the court.

12/01/2023

A conservative attack on government regulation reaches the Supreme Court

The Supreme Court is hearing arguments in a challenge to the Securities and Exchange Commission’s ability to fight fraud, part of a broad attack on regulatory agencies led by conservative and business interests. The case before the justices Wednesday involves the Biden administration’s appeal of a lower-court ruling that threw out stiff financial penalties imposed on hedge fund manager George R. Jarkesy by the SEC. The high court’s decision could have far-reaching effects on the SEC and other regulatory agencies, and it’s just one of several cases this term that could constrict federal regulators. The court’s conservative majority has already reined them in, including in last May’s decision sharply limiting their ability to police water pollution in wetlands. Last year, a divided panel of the New Orleans-based 5th U.S. Circuit Court of Appeals ruled in favor of Jarkesy and his Patriot28 investment adviser group on three separate issues. It found that the SEC’s case against him, resulting in a $300,000 civil fine and the repayment of $680,000 in allegedly ill-gotten gains, should have been heard in a federal court instead of before one of the SEC’s administrative law judges. The panel also said Congress unconstitutionally granted the SEC “unfettered authority” to decide whether the case should be tried in a court of law or handled within the executive branch agency. And it said laws shielding the commission’s administrative law judges from being fired by the president are unconstitutional. Judge Jennifer Walker Elrod wrote the appellate opinion, joined by Judge Andrew Oldham. Elrod was appointed by former President George W. Bush, and Oldham by former President Donald Trump.

11/20/2023

Trump celebrates win in Colorado election case during return visit to Iowa

Former President Donald Trump celebrated a win in a closely watched election case during a return visit to Iowa Saturday, where he blasted his political foes and encouraged his supporters to not move past their grievances with President Joe Biden. A Colorado judge Friday rejected an effort to keep the GOP front-runner off the state’s primary ballot, concluding that Trump had engaged in insurrection during the Jan. 6, 2021, attack on the U.S. Capitol but that it was unclear whether a Civil War-era constitutional amendment barring insurrectionists from public office applied to the presidency. It was Trump’s latest win following rulings in similar cases in Minnesota and Michigan. Trump, campaigning in west-central Iowa, called the decision “a gigantic court victory” as he panned what he called “an outrageous attempt to disenfranchise millions of voters by getting us thrown off the ballot.” “Our opponents are showing every day that they hate democracy,” he charged before a crowd of about 2,000 people at a commit-to-caucus event at a high school in Fort Dodge, Iowa, where supporters decked out in Trump gear had lined up for hours to get a seat in the gymnasium. Trump’s visit was part of his fall push to sign up supporters and volunteers before the state’s fast-approaching caucuses that will kick off the race for the Republican presidential nomination. It was the latest in a series of targeted regional stops aimed at seizing on the large crowds the former president draws to press attendees to commit to vote for him and serve as precinct leaders on Jan. 15. While Trump boasted that polls show him far ahead of other contenders, he urged those in attendance Saturday to turn out on caucus day to “make sure we have a big victory” that would signal to other candidates that they should drop out.

11/16/2023

Russian court fines Google for failing to store personal data on its users

A Moscow court on Tuesday fined Google for failing to store personal data on its Russian users, the latest in a series of fines on the U.S. tech giant amid tensions between the Kremlin and the West over the fighting in Ukraine. A magistrate at Moscow’s Tagansky district court fined Google 15 million rubles (about $164,200) after the company repeatedly refused to store personal data on Russian citizens inside the country. Google was previously fined over the same charges in August 2021 and June 2022. The company declined to comment. Google also was ordered to pay a 3 million ruble (about $32,800) fine in August for failing to delete allegedly false information about the conflict in Ukraine. Russia can do little to collect the fine, however, as Google’s Russia business was effectively shut down last year after Moscow sent troops into Ukraine. The company has said it filed for bankruptcy in Russia after its bank account was seized by the authorities, leaving it unable to pay staff and suppliers. Russian courts also have fined Apple and the Wikimedia Foundation, which hosts Wikipedia. Since sending troops into Ukraine in February 2022, Russian authorities have taken measures to stifle any criticism of the military campaign. Some critics have received severe punishments. Opposition figure Vladimir Kara-Murza was sentenced this year to 25 years in prison for treason stemming from speeches he made against Russia’s actions in Ukraine. Sasha Skochilenko, an artist and musician from St. Petersburg, is on trial on charges of spreading false information about the military for replacing supermarket price tags with protest slogans. Prosecutors have asked for an eight-year prison sentence for her.

11/05/2023

Appeals courts temporarily lifts Donald Trump’s gag order

A federal appeals court temporarily lifted a gag order on Donald Trump in his 2020 election interference case in Washington on Friday — the latest twist in the legal fight over the restrictions on the former president’s speech. The U.S. Court of Appeals for the D.C. Circuit decision puts a hold on the limited gag order to give the judges time to consider Trump’s request for a longer pause on the restrictions while his appeals play out. The appeals court said the temporary pause “should not be construed in any way as a ruling on the merits” of Trump’s bid. The court set oral arguments for Nov. 20 before a panel of three judges — all appointees of Democratic presidents. The gag order, imposed by U.S. District Judge Tanya Chutkan, bars Trump from making public statements targeting prosecutors, court staff and potential witnesses in the case accusing him of conspiring to overturn the 2020 election he lost to President Joe Biden. It still allows the former president to assert his innocence and his claims that the case against him is politically motivated. Chutkan, who was appointed to the bench by former President Barack Obama reimposed the gag order on Sunday, after prosecutors pointed to Trump’s recent social media comments about his former chief of staff Mark Meadows. It’s the most serious restriction a court has put on the speech of the GOP presidential primary frontrunner and criminal defendant in four separate cases. Gag orders are not unheard of in high-profile cases, but courts have never had to wrestle before with whether they can curtail the speech of a presidential candidate. Special counsel Jack Smith’s team has said Trump’s inflammatory rhetoric about those involved in the case threatens to undermine public confidence in the judicial system and influence potential witnesses who could be called to testify.