|
|
|
Naturopathic doctor sentenced for selling misbranded drugs
Legal Court Feed |
2022/03/23 16:23
|
A former Port Angeles naturopathic physician was sentenced to eight months in prison and one year supervised release after being found guilty of selling products he claimed could prevent numerous serious diseases, including COVID-19.
Richard Marschall, 69, was convicted in 2021, after a four-day trial, of introducing misbranded drugs into interstate commerce, his third conviction, according to the U.S. Attorney’s office. The jury found that his marketing was false or misleading and because his products were not listed with the FDA.
At the sentencing hearing Monday, U.S. District Judge Benjamin H. Settle said, “It is extremely dangerous during the COVID epidemic for people to be engaged in conduct that would lead other people to defer and wait to receive medical care.”
Marschall was convicted previously and sentenced in federal court for distributing misbranded drugs, both in 2011 and again in 2017. |
|
|
|
|
|
|
Suits target New Orleans virus rules, some affect Mardi Gras
Legal Court Feed |
2022/02/03 15:01
|
More than 100 people have joined a lawsuit against New Orleans’ mayor and health director over COVID-19 restrictions that recently were extended to parade and other participants on Mardi Gras and during the season leading up to it.
The lawsuit against Mayor LaToya Cantrell and health director Jennifer Avegno targets mask and vaccination mandates, news outlets reported.
It was filed Monday in state court by Alexandria attorney Jimmy Faircloth, who has lost federal court challenges to restrictions aimed at slowing the spread of COVID-19, The Times-Picayune / The New Orleans Advocates noted.
“Traditionally, we do not comment on active or pending litigation,” City Hall spokesman Beau Tidwell said during a news conference Tuesday. “However, in this case I think it’s worth noting that the guidelines that we put in place saved lives, full stop. The vaccine mandate and the mask requirements are going to remain in place throughout Mardi Gras.”
Fat Tuesday will be March 1 this year. The 2020 festival was later recognized as a super spreader that turned New Orleans into an early pandemic hot spot. Last season, parades were canceled and bars were shuttered in the city.
This year, masks are required in bars, restaurants and other public spaces. And children as young as 5 must show proof of vaccination or a recent negative test for the virus to get into indoor public areas.
The new lawsuit accuses Cantrell and Avegno, who often have gone beyond state restrictions, of taking “authoritarian actions under the pretext of an emergency without end,” the newspaper reported.
The plaintiffs, mostly from New Orleans and neighboring Jefferson Parish, want Judge Robin Giarrusso to halt the requirements while the lawsuit is in court.
|
|
|
|
|
|
|
Palin COVID-19 tests delay libel trial against NY Times
Legal Court Feed |
2022/01/25 16:21
|
An unvaccinated former Alaska Gov. Sarah Palin tested positive for COVID-19 Monday, forcing a postponement of a trial in her libel lawsuit against The New York Times.
The Republican’s positive test was announced in court just as jury selection was set to begin at a federal courthouse in New York City.
Palin claims the Times damaged her reputation with an opinion piece penned by its editorial board that falsely asserted her political rhetoric helped incite the 2011 shooting of then-Arizona U.S. Rep. Gabby Giffords. The newspaper has conceded the initial wording of the editorial was flawed, but not in an intentional or reckless way that made it libelous.
U.S. District Judge Jed Rakoff said the trial can begin Feb. 3 if Palin, 57, has recovered by then.
Palin, a one-time Republican vice presidential nominee, has had COVID-19 before. She’s urged people not to get vaccinated, telling an audience in Arizona last month that “it will be over my dead body that I’ll have to get a shot.”
When he first announced that Palin had gotten a positive result from an at-home test, Rakoff said: “She is, of course, unvaccinated.”
Additional tests in the morning also came out positive, Palin’s lawyer told the court.
“Since she has tested positive three times, I’m going to assume she’s positive,” the judge said.
Rakoff said that courthouse rules would permit her to return to court Feb. 3, even if she still tests positive, as long as she has no symptoms. If she does have symptoms, she can be looked at on Feb. 2 by a doctor who provides services to the courts, he said.
On Saturday, Shawn McCreesh, a features writer for New York Magazine tweeted that Palin was seen at Elio’s restaurant on Manhattan’s Upper East Side and he quipped in a follow-up tweet: “My mom thought she was Tina Fey.” Fey was widely praised for her portrayal of Palin on Saturday Night Live when Palin was campaigning for vice president in 2008.
Luca Guaitolini, a restaurant manager, confirmed she had slipped through vaccination checks and dined at the restaurant known for attracting famous customers in violation of the city’s rule that restaurant guests must prove vaccination to be served. He said the restaurant was not making further statements.
|
|
|
|
|
|
|
Cobb County jury trials paused as COVID-19 spreads
Legal Court Feed |
2022/01/08 12:12
|
As COVID-19 cases continue rising across the state of Georgia, the court system in one of its counties has decided to pause jury trials.
Cobb County Superior Court Judge Robert D. Leonard issued an order Monday to cancel trial jurors through Jan. 21, WSB-TV reported.
“I did not make this decision lightly,” Leonard said. “We must keep in mind that jury service compels people of all walks of life, with all health conditions and vaccination status to attend court. Additionally, the likelihood of successfully getting through a lengthy jury trial when our community spread is at this record level is slim.”
According to the Georgia Department of Public Health, 11,902 cases of COVID-19 have been reported in Cobb County in the last two weeks.
Jury trials across Georgia were paused for much of the pandemic. Trials in Cobb County ultimately resumed last April.
Leonard also said that the State Court of Cobb County will be undertaking the same measures.
Grand jury proceedings will not be affected.
|
|
|
|
|
|
|
Court won’t stop Texas abortion ban, but lets clinics sue
Legal Court Feed |
2021/12/10 13:19
|
The Supreme Court on Friday left in place Texas’ ban on most abortions, offering only a glimmer of daylight for clinics in the state to challenge the nation’s most restrictive abortion law.
The decision, little more than a week after the court signaled it would roll back abortion rights and possibly overturn its landmark Roe v. Wade decision, was greeted with dismay by abortion rights supporters but praise by opponents.
Five conservative justices, including three appointed by former President Donald Trump, formed a majority to limit who can be sued by the clinics, a result that both sides said probably will prevent federal courts from effectively blocking the law.
Texas licensing officials may be sued, but not state court judges, court clerks or state Attorney General Ken Paxton, the court ruled. That seems to leave people free, under the unusual structure of the Texas law, to sue abortion clinics and anyone else who “aids or abets” an abortion performed after cardiac activity is detected in an embryo, around six weeks and before some women know they’re pregnant.
“The Supreme Court has essentially greenlit Texas’s cynical scheme and prevented federal courts from blocking an unconstitutional law,” the Center for Reproductive Rights, which represents the Texas clinics, said on Twitter.
The court acted more than a month after hearing arguments over the law, which makes no exceptions for rape or incest.
|
|
|
|
|
|
Law Firm SEO RSS Feed
