Legal Radar

Ex-Blackwater Security Team Slapped with Long Sentences

Just early this week, a federal judges carried out a stiff prison sentences on 4 ex-Blackwater guards for being part of a 2007 Baghdad shooting that killed 17 Iraqis and wounded 14 others.

One of the ex-Blackwater guards, Nicholas Slatten, a sniper, was convicted of murder and received a life sentence. The remaining three, Dustin Heard, Paul Slough, and Evan Liberty, were each given a 30-year sentence for manslaughter and weaponry offenses.

Judge Royce Lamberth passed down the sentences in a proceeding, taking place in a courtroom where friends and family of the guards were present, along with a small number of relatives of the Iraqi victims.

Sentences given to guards involving weaponry charges and manslaughter were lower than what was sought after by the federal government. In carrying out the sentences, Lamberth said he weighed the seriousness of the crimes committed and the clean records of the accused.

Attorneys for the guards intend to make an appeal.

Judge Refusing to Lift Injunction on Immigration Action

A Texas federal judge early this week refused to lift his injunction in halting the Obama administration’s immigration process to deferring over 4 million individuals living in the United States illegally.

District Judge Andre Hanen shot down a request by the Obama administration to lift his ruling on February of temporarily halting the administration from proceeding with its immigration actions, as announced last year by President Barack Obama.

The Justice Department already made an appeal on the issue to the 5^th U.S. Circuit Court of Appeals, which is ready hear the oral arguments next week.

In shooting down the administration’s request, Hanen believes his February ruling was the right decision. His previous ruling found that the immigration policy of the Obama administration wasn’t properly issued within federal law grounds, which is the Administrative Procedure Act.

Hanen also made another ruling on Tuesday that allows states to investigate their claim of the administration not properly carrying out certain aspects of the immigration program.

Italy’s SC Looking into the Fate of Amanda Knox

It looks like Amanda Knox’s case made it to another court.

The highest court in Italy is set to hear appeals on murder convictions against Knox, 27-years, and ex-boyfriend Rafaelle Sollecito, 30-years, who were both guilty several years back for allegedly killing Knox’s roommate, Meredith Kerchler.

The ruling will determine whether to maintain the verdicts, made another appeal, or throw out both convictions.

If the high court maintains the murder convictions for Knox and Sollecito, the prosecutor will have the order to bring out their sentences. Sollecito will be in custody while the prosecutor will request the extradition of Knox, who’s currently in the United States.

Two years ago, Italy’s Supreme Court overturned their acquittals and pushed the case back to the Court of Appeals. In 2014, the court re-convicted Knox and Sollecito and sentenced the couple to 28 years and 25 years in jail, respectively.

The Supreme Court will hear arguments later this week before making a decision.

Kercher’s family lawyer will likely fight for Knox’s extradition.

U.S Court of Appeals Scrutinizing NCAA on Athlete Payments

The U.S. Court of Appeals is determining as to whether or not school athletes deserve a piece of the billions of dollars universities benefit from basketball and football, despite increased pressure for universities to offer their athletes better benefits.

The NCAA asked the 9^th Court of Appeals earlier this week to dump a ruling of offering student athletes some shared of revenue made for utilizing their likeness, names, and images.

In a court ruling last year, Oakland, California District Judge Claudia Wilken sided with a dozen former and current student athletes who threw an antitrust class action against the NCAA.

But in a court of appeals hearing early this week, two of the three judges in the 9^th Circuit panel seemed open to the NCAA being in violation of antitrust laws.

Currently, Judge Jay Bybee indicated that contracts signed by the NCAA with TV network consist language of player’s images and names. This suggests that such rights are essential assets that could be fall victim to anti-competitive actions by the NCAA.

FTC Further Strengthens Antitrust Victory in Healthcare Case

The FTC (Federal Trade Commission) is consistently maintaining a court presence regarding its efforts to halt healthcare mergers it thinks aren't competitive.

A judge-panel from the 9^th U.S. Circuit Court of Appeals mentioned that an Idaho federal judge remained on strong round when he ruled that 2012 deal of St. Luke’s Health System with the Saltzer Medical Group could push to higher pricing for medical services.

The 9^th Circuit indicated that when a merger in healthcare happens it risks higher pricing. At the same time it’s not enough to prove that a merger would let the current system serve patients better.

St. Luke’s pointed out that the merger would let it offer improved healthcare as well as enhanced electronic sharing of medical records. The court of appeals, however, showed findings that St. Luke’s isn’t required to purchase a new group of doctors to take in a different and new approach.

Oklahoma Looking to Delay Executions Despite SC Review

Oklahoma’s Attorney General Scott Pruitt submitted a request to delay the current executions of three male inmates until the Supreme Court is done looking into the legality of the state’s lethal injection process.

Last week, the Supreme Court agreed to hear out an appeal from death-row prisoners who question as to whether or not the state’s drug protocol --- new lethal drugs brought in after an April 2014 execution --- is compliant with the constitution against “unusual” punishments.

Early this week, Pruitt defended Oklahoma’s lethal injection process, but indicated of requesting a stay of the executions to ensure justice was properly carried out.

Two federal courts previously upheld the present process as constitutional. Pruitt is confident the U.S. Supreme Court will agree with the notion.

The original case involved several death-row prisoners to be executed, but one of the inmates, Charles Warner, was executed early this month after the high court gave the green light.

SC Siding with Teva on Patent Issue

The U.S. Supreme Court early this week overturned a Court of Appeals ruling that invalidated a patent by Teva Pharmaceutical Industries Ltd. on a multi-sclerosis drug (Copaxone), offering the drug manufacturer a chance to stall generic competitors.

The court ruling gives new life to Teva’s ability to prevent competitors from making headway into the Copaxone market until the patent expiration this September.

It also serves as another rebuke by the SC to the Federal Circuit, a special court that listens to a bulk of the country’s patent appeals.

In the past few years, as patents are playing a bigger role in the country’s economy, the Supreme Court has dealt with numerous patent appeals and overturned many rulings from the Federal Court.

In a 7-2 decision made by the court, Justice Stephen Brever said the Federal Circuit needs to be deferential in studying determinations done by trial judges who look into patent infringement cases.

SC To Rule on Gay Marriage

The country’s legal battle on gay marriage could be on its last chapter, as the Supreme Court last week said it would make the final decision whether the U.S. constitution offers same sex couples marry.

The SC accepted challenges to gay marriage bans in several states ---- Ohio, Tennesse, Michigan, and Kentucky --- upheld by the federal court of appeals last year.

The SC brought up the issue in the court’s middle term after shooting down pleas by states to bring back marriage restrictions the court of appeals found unconstitutional. The 6^th Circuit ruling, the first to restrict heterosexual marriage, led to a split in court circuits in October, forcing the Supreme Court to be involved.

The court made an agreement to hear questions on gay marriage laws and other extended arguments.

A court ruling that recognizes that constitutional right to gay marriage would it legal in the country. The SC will be hearing arguments this April before making a ruling this July.

Google Looking to SC on Copyright Case

After the Supreme Court spent months chipping away at patent protection for software, Google Inc., and other tech firms now want limits to be set on how program makers can utilize copyrights to add exclusive rights over software.

Google’s request offers the court a chance to think of the extent on which innovation of software can be replicated without the knowledge of the original developer.

Oracle purchased Java when it bought out Sun Microsystems in 2010 and filed a suit against Google on the very same year, claiming that the search giant’s Android software for handheld devices infringed copyrights on the Java platform.

The legal war divided the both firms. Google and Oracle claim that their position would lead to a major blow of tech innovation. A judge prevented Oracle from pursuing specific copyright claims against the search giant, but the court of appeals in the previous year overturned such ruling and ended up siding with Oracle.

Google’s request of limiting copyrights would alter a legal shield that are essential to software industry growth.

New Jersey Court Supports Mother on Addiction Case

The highest court in New Jersey early this week said a lower court made a mistake of punishing a mother for having her unborn baby exposed to a drug made to treat her painkiller addiction.

The case involved a mother involved with a long history of drug problems. Following the advice of doctors, she sought treatment to combat painkiller abuse weeks after she found out she was pregnant. As part of her treatment regimen, she took dosages of methadone, an opiate, daily. NJ officials filed a complaint against her after her baby showcased symptoms methadone withdrawal.

In the previous year, the Court of Appeals allowed the mother to gain custody of the baby, but through the care of the state, maintaining the findings of abuse and neglect by the court.

Overturning the Court of Appeals, the justices ended with a 6-0 opinion saying the withdrawal symptoms of the baby wasn’t solid enough to be evidence.

A representative for the NJ Department of Children and Families said the agency agreed with the court’s analysis but will look into finding other evidence related to the case.