5/26/2019

Court: NFL's Bucs not entitled to damages from BP spill

A federal appeals court has ruled that the NFL's Tampa Bay Buccaneers is not entitled to damages from BP for the 2010 Deepwater Horizon oil spill. At issue were the accounting practices the team used to argue that the 2010 spill caused the team's revenues to fall. The Bucs had sought $19.5 million in damages. On Friday, the 5th U.S. Circuit Court of Appeals upheld a district court's decision against the team. The court found that the Bucs' revenue in May-June 2010 was not significantly lower than its revenue during that same span a year later. In order to qualify for damages, it had needed to show that its revenues rebounded by at least 10% in 2011. The team's stadium is about 360 miles (580 kilometers) southeast of the site of the spill.

5/20/2019

South Africa ex-president Jacob Zuma in court for corruption

Former South African president Jacob Zuma is in court facing charges of corruption, money laundering and racketeering. Zuma, 77, appeared at the High Court in Pietermaritzburg in eastern KwaZulu-Natal province Monday on charges of receiving bribes when the government purchased arms in 1999. Zuma was South Africa's president from 2009 until 2018, when he was forced to resign by his ruling African National Congress party amid persistent allegations of corruption. The criminal charges against Zuma were first raised more than 10 years ago but were withdrawn by the National Prosecution Authority in 2008. The charges were reinstated after a court ruled that there are sufficient grounds to bring him to trial. Zuma's former financial adviser, Schabir Shaik, was in 2005 convicted of fraud and corruption.

5/07/2019

Trump, GOP states ask appeals court to kill ‘Obamacare’

Taking a harder line on health care, the Trump administration joined a coalition of Republican-led states Wednesday in asking a federal appeals court to entirely overturn former President Barack Obama’s signature health care law — a decision that could leave millions uninsured. Congress rendered the Affordable Care Act completely unconstitutional in 2017 by eliminating an unpopular tax penalty for not having insurance, the administration and GOP states told the court. The “Obamacare” opponents hope to persuade the 5th U.S. Circuit Court of Appeals in New Orleans to uphold U.S. District Court Judge Reed O’Connor’s ruling late last year striking down the law. If the ruling is allowed to stand, more than 20 million Americans would be at risk of losing their health insurance, re-igniting a winning political issue for Democrats heading into the 2020 elections. President Donald Trump, who never produced a health insurance plan to replace “Obamacare,” is now promising one after the elections. The Trump administration acknowledged it had changed positions in the case. Early on, the administration argued that only certain key parts of the ACA, such as protections for people with pre-existing medical conditions, should be invalidated. But it said other important provisions such as Medicaid expansion, subsidies for premiums and health insurance markets could continue to stand. Wednesday, the administration said it had reconsidered in light of O’Connor’s ruling. “The remaining provisions of the ACA should not be allowed to remain in effect — again, even if the government might support some individual positions as a policy matter,” the administration wrote in its court filing. The Justice Department’s legal brief also seemed to be trying to carve out some exceptions. For example, the administration said the ACA’s anti-fraud provisions should remain in effect.

News attorneys: Opioid distribution data should be public

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.

Court records: Illinois father led police to son's body

Court records show that video police recovered from an Illinois woman's cellphone showing her bruised 5-year-old son prompted the boy's father to lead investigators to the child's body. JoAnn Cunningham and Andrew Freund Sr. of Crystal Lake are charged with murder in Andrew "AJ" Freund's death. Investigators found his body April 24 in a shallow grave. An affidavit from a McHenry County Sheriff's detective says the video from March shows AJ lying naked on a mattress, covered in bruises and bandages. The affidavit says the couple forced AJ to take a cold shower April 14 as punishment for lying about soiling his underwear. Freund told investigators they put the boy to bed and Cunningham later found him unresponsive. Freund says he put AJ's body in a plastic container and later buried him.

4/18/2019

Nissan ex-chair Ghosn appeal on extended detention rejected

Japan's top court said Thursday it has rejected an appeal by former Nissan Chairman Carlos Ghosn's lawyers against his extended detention after his fourth arrest on allegations of financial misconduct. The decision upholds the extension of his detention through April 22 that was approved Monday by the Tokyo District Court. The Supreme Court ruling was made Wednesday and conveyed to foreign media on Thursday. Ghosn was first arrested in November and charged with under-reporting his retirement compensation and with breach of trust. He was released March 6 on bail, but was arrested again on April 4 on fresh allegations and sent back to detention. Rearresting a suspect released on bail, which is allowed only after indictment, is rare and has triggered criticism of Japan's criminal justice system, in which long detentions during investigations are routine. Ghosn, who led Nissan for two decades and is credited with turning around the company from near-bankruptcy, has denied any wrongdoing. In a separate legal maneuver, the Tokyo District Court has rejected an appeal by Ghosn's lawyers questioning prosecutors' confiscation of video of security camera installed at Ghosn's apartment, Kyodo News reported Thursday. The court did not respond to calls after office hours. Last week, Nissan's shareholders voted to remove Ghosn from the company's board. In his video statement filmed before his arrest and released by his lawyers April 9, Ghosn accused some Nissan executives of plotting against him over unfounded fears about losing their autonomy to their French alliance partner Renault SA.

Supreme Court asked to void Louisiana abortion clinic law

A Louisiana abortion clinic is asking the Supreme Court to strike down regulations that could leave the state with just one clinic. A divided high court had previously agreed to block the law pending a full review of the case. An appeal being filed with the court Wednesday says the justices should now take the next step and declare the law an unconstitutional burden on the rights of women seeking an abortion. The Louisiana provision is similar to a Texas law the court struck down in 2016. If the justices agree to hear the Louisiana case, as seems likely, it could lead to a decision on the high-profile abortion issue in spring 2020, in the midst of the presidential election campaign. The case presents a swirling mix of the changed court’s views on abortion rights and its respect for earlier high court decisions. Louisiana’s law requires abortion providers to have admitting privileges at nearby hospitals. The justices said in 2016 that a Texas law provided “few, if any, health benefits for women.” But the composition of the court has changed since then. President Donald Trump has put two justices, Neil Gorsuch and Brett Kavanaugh, on the court. Kavanaugh replaced Justice Anthony Kennedy, who voted to strike down the Texas law. Trump had pledged during the campaign to appoint “pro-life” justices, and abortion opponents are hoping the more conservative bench will be more open to upholding abortion restrictions. Louisiana abortion providers and a district judge who initially heard the case said one or maybe two of the state’s three abortion clinics would have to close under the new law. There would be at most two doctors who could meet its requirements, they said. But the appeals court in New Orleans rejected those claims, doubting that any clinics would have to close and saying the doctors had not tried hard enough to establish relationships with local hospitals. In January, the full appeals court voted 9-6 not to get involved in the case, setting up the Supreme Court appeal. In February, the justices split 5-4 to keep the law on hold. Chief Justice John Roberts, a dissenter in the 2016 case from Texas, joined with the court’s four liberal justices to temporarily block the Louisiana measure.