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News attorneys: Opioid distribution data should be public
Court News |
2019/05/07 10:28
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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.
“This is an issue of really critical importance to the United States and DEA,” said government attorney Sarah Carroll. Making the information public, she said, “would tip defendants off to the scope of DEA investigations.”
Cleveland-based U.S. District Judge Dan Polster, who is overseeing more than 1,500 of the lawsuits, had ruled in July 2018 that the information cannot be made public. He said that doing so would reveal trade secrets. The Post and the HD Media newspaper chain, which had asked the court for the data, then appealed to the federal circuit.
The appellate judges raised a number of questions about Polster’s orders keeping the data secret and hundreds of filings in the case that are under seal.
Judge Eric Clay said it seemed that the secrecy in the case had “just gone overboard.” He told Carroll, of the Justice Department, that “just saying” cases would be compromised seems inadequate. |
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Roggensack Re-Elected as Wisconsin Supreme Court Chief
Court News |
2019/05/01 15:47
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Wisconsin Supreme Court Chief Justice Patience Roggensack has been re-elected to a third, two-year term leading the court.
The court announced her re-election by fellow justices Tuesday. The result was public, but the vote was done in secret and the breakdown was not announced.
Roggensack replaced Justice Shirley Abrahamson as chief justice in 2015 after voters approved a constitutional amendment giving justices the power to elect the chief justice. Prior to that it had automatically gone to the longest-serving member, who is Abrahamson.
Roggensack is one of the four majority conservative justices. Abrahamson is one of three minority liberal members.
Roggensack says in a statement that she is honored to continue serving as chief justice. She has been on the Supreme Court since 2003.
The chief justice also serves as the administrative head of Wisconsin's judicial system. |
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EPA reaffirms glyphosate safe for users as court cases grow
Court News |
2019/05/01 15:46
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The Environmental Protection Agency reaffirmed Tuesday that a popular weed killer is safe for people, as legal claims mount from Americans who blame the herbicide for their cancer.
The EPA’s draft conclusion Tuesday came in a periodic review of glyphosate, the active ingredient in Roundup. The agency found that it posed “no risks of concern” for people exposed to it by any means — on farms, in yards and along roadsides, or as residue left on food crops.
The EPA’s draft findings reaffirmed that glyphosate “is not likely to be carcinogenic to humans.”
Two recent U.S. court verdicts have awarded multimillion-dollar claims to men who blame glyphosate for their lymphoma. Bayer, which acquired Roundup-maker Monsanto last year, advised investors in mid-April that it faced U.S. lawsuits from 13,400 people over alleged exposure to the weed killer.
Bayer spokesmen did not immediately respond Tuesday to an email seeking comment.
Nathan Donley, a scientist at the Center for Biological Diversity environmental group, said the agency is relying on industry-backed studies and ignoring research that points to higher risks of cancer.
In 2015, the International Agency for Research on Cancer, part of the World Health Organization, classified glyphosate as ”probably carcinogenic to humans.” The agency said it relied on “limited” evidence of cancer in people and “sufficient” evidence of cancer in study animals.
The EPA draft review says the agency found potential risk to mammals and birds that feed on leaves treated with glyphosate, and risk to plants. The agency is proposing adding restrictions to cut down on unintended drift of the weed killer, including not authorizing spraying it by air when winds are above 15 mph. |
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Ohio top court to hear arguments in TV news defamation case
Court News |
2019/04/23 09:36
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Ohio's Supreme Court will hear arguments Wednesday in an appeal involving a defamation lawsuit that alleged a television station falsely labeled three siblings as "robbers."
A Columbus family sued WBNS-TV in 2016 after the station reported on a hover board robbery at Fort Rapids Indoor Waterpark in Columbus and included a surveillance photo showing the faces of three unnamed individuals. Police had released the photo, asking for the public's help in identifying the three individuals they said may have been involved.
The television's website story was headlined, "Robbers Put Gun to Child's Head and Steal Hoverboard," and underneath was the photo of the three individuals.
Nanita Williams saw the broadcast story and realized it was her three children in the photo, the family's lawsuit said. She took them to a Columbus police station where they told investigators they had gone to the park that day to deliver Thanksgiving dinner to someone who worked there.
Columbus police then issued a second news release saying the three individuals in the surveillance photo weren't the robbery suspects and asked news outlets to stop using the photo. WBNS stopped broadcasting stories about the robbery and removed the photo from its website, but kept the story about the incident online. |
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Quest for food stamp data lands newspaper at Supreme Court
Court News |
2019/04/22 09:35
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In the summer of 2010, reporters at South Dakota’s Argus Leader newspaper decided to request data about the government’s food assistance program, previously known as food stamps. They thought the information could lead to a series of stories and potentially help them identify fraud in the now $65 billion-a-year program.
They sent a stream of what they thought were routine requests for information to Washington.
Government officials eventually sent back some information about the hundreds of thousands of stores nationwide where the food program’s participants could use their benefits. But the government withheld information reporters saw as crucial: how much each store received annually from the program.
Trying to get that data has taken the paper more than eight years and landed it at the Supreme Court, which will hear the case Monday.
Argus Leader news director Cory Myers, who directs a staff of 18 at the Sioux Falls paper, says getting the information is about “knowing how our government is operating” and “knowing what government is doing with our tax money.”
A supermarket trade association opposing the information’s release argues that the information being sought is confidential. The Supreme Court’s decision in the case could be narrow or could significantly affect the interpretation of a law that grants the public access to government records.
The Argus Leader is owned by USA Today publisher Gannett and is the largest newspaper in South Dakota. It wrote about the government’s initial release of information. But Jonathan Ellis, one of the reporters behind the requests, said there’s more to learn if the paper gets what it’s seeking.
Ellis said he would like to write about the companies who profit the most from the Supplemental Nutrition Assistance Program , called SNAP. He would like to analyze how successful efforts to involve farmers’ markets in the program have been. And he is still hoping to use the data to identify stores that seem like outliers, an indication of potential fraud. |
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