Court Watch 2012/03/16 10:18
A federal appeals court has put on hold the suspension of two Florida CVS pharmacies that would have prevented them from selling controlled substances.
The court on Wednesday stopped the suspension while it considers an appeal from the stores. The Drug Enforcement Administration had issued the suspension because of alleged lax enforcement of restrictions on a powerful painkiller.
The DEA says the pharmacies were dispensing the painkiller oxycodone far in excess of legitimate needs. CVS says it has taken steps to reduce the prescriptions.
On Tuesday, a federal judge denied the CVS stores' request for a preliminary injunction in the case, but the stores immediately appealed.
The appeals court has already put on hold DEA's suspension of Cardinal Health's Lakeland, Fla.-based center that supplied the stores.
Headline Legal News 2012/03/15 09:17
A federal judge planned to hear Thursday whether former North Carolina Sen. John Edwards would create problems for his upcoming trial by hiring lawyers who represented his mistress in a lawsuit over the couple's alleged sex tape.
The hearing scheduled in Greensboro aims to air whether lawyers Alan Duncan and Allison Van Laningham could use insider knowledge of Edwards' mistress Rielle Hunter at the former presidential candidate's trial beginning next month.
Duncan and Van Laningham represented Hunter in a lawsuit that ended last month with a settlement that ordered all copies of the tape destroyed.
Federal prosecutors have said they'll likely call Hunter as a witness at Edwards' trial on campaign finance charges that he used nearly $1 million from two wealthy donors to hide the pregnant Hunter as he sought the White House in 2008. He has pleaded not guilty.
"To whom would Mr. Duncan's and Ms. Van Laningham's allegiance lie? Their new client or the one they represented as recently as two weeks ago in a lawsuit seeking to enforce those very privacy rights?" federal prosecutors said in a court filing last week.
Because of their previous attorney-client relationship with Hunter, Duncan and Van Laningham might take it easy on her if they were questioning Hunter under oath, prosecutors said.

Attorney News 2012/03/14 10:48
A German-born man who is charged with killing his 91-year-old socialite wife and who a doctor has said was delusional will spend at least another month in a mental health hospital, a judge decided Wednesday.
A judge ordered Albrecht Muth, 47, held for another month during a mental health hearing in D.C. Superior Court.
Muth is charged in the August strangulation and beating death of his wife, Viola Drath, a German journalist. He was sent from jail to a psychiatric hospital in February for a competency screening after a doctor said Muth was delusional and claimed the Archangel Gabriel tells him what to do.
A report filed in court Tuesday said a psychologist who examined him at Saint Elizabeths Hospital had concerns about his current ability to rationally understand the proceedings against him and his ability to help his attorneys with his case. The hospital said it believes Muth's mental health is likely to improve with time and treatment, however.
Muth's lawyers and lawyers for the government agreed the hospital should be given additional time to treat him.
District of Columbia Superior Court Judge Russell Canan encouraged Muth to work with the hospital staff. Muth nodded but did not say anything during the hearing. Canan scheduled the next hearing in the case for April 25.

Headline Legal News 2012/03/14 10:47
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Court Watch 2012/03/13 10:48
The San Francisco sheriff has a political thicket to get through now that he's putting his legal woes behind him with a plea bargain in a domestic violence case that made international headlines.
Sheriff Ross Mirkarimi pleaded guilty Monday to a misdemeanor charge of false imprisonment in exchange for the dropping of three more serious charges, including misdemeanor domestic violence and child endangerment.
The plea doesn't automatically disqualify Mirkarimi from office, but San Francisco Mayor Ed Lee said Monday he plans to consult with city attorneys and investigate what disciplinary actions he can take. Lee does have the authority to attempt to remove Mirkarimi from office if the mayor believes the conviction rises to official misconduct.
"This clearly remains serious and troubling for our city," Lee said in a statement.
Topics in Legal News 2012/03/12 10:45
In everything it does, from product design to business deals, Apple strives for as much control as possible.
But as the world's most valuable company sets out to define and dominate the rapidly evolving markets it created with the iPhone and the iPad, Apple is likely to face antitrust regulators who want to curb its power.
Apple's clout is coming under scrutiny as the U.S. Justice Department considers filing a lawsuit against the company and five U.S. publishers on allegations they orchestrated a price-fixing scheme on electronic books.
The involved parties are trying to avoid a high-profile court battle by negotiating a settlement, according to The Wall Street Journal. The newspaper broke the news last week about the government's plans to allege that Apple Inc. and the publishers tried to thwart e-book discounts offered by Amazon.com Inc. and drive up prices since the 2010 release of the iPad.
"I think this might be a bit of a wake-up call for Apple," says Ted Henneberry, an antitrust attorney for the Orrick law firm in Washington.
