Legal Insight 2011/10/21 09:32
Planned Parenthood of Indiana can end a dispute over a law that would cut some of its public funding if it became two separate entities, with one offering abortion services and the other offering general health services, an attorney for the state told a federal appeals court Thursday.
Solicitor General Thomas Fisher said during oral arguments before the 7th Circuit Court of Appeals in Chicago that Indiana's new law is aimed at keeping taxpayer dollars "from indirectly subsidizing abortions."
He told the appeals court that Planned Parenthood of Indiana could ensure that wouldn't happen by separating its operations into two entities.
"Only by separating the two can we be sure that there's no cross-subsidy," Fisher said.
Planned Parenthood's attorney, Ken Falk of the American Civil Liberties Union, told the appeals court during the 45-minute hearing that Indiana's own Medicaid agency warned state lawmakers while they were weighing the legislation that it would violate Medicaid recipients' "freedom of choice" by targeting the abortion provider.

Legal Insight 2011/08/30 02:27
The Wyoming Supreme Court has ruled that state law protects bar owners from lawsuits arising from the actions of their intoxicated patrons.
In a split decision Friday, the court upheld a lower court ruling against relatives of a Ten Sleep couple who died in a head-on crash in 2008. The couple's relatives had sued the owners of two Big Horn County saloons claiming they continued to serve the driver who plowed into the couple after he was drunk.
The court majority ruled state law from the 1980s holds bar owners can't be held liable for their patrons' actions.
Chief Justice Marilyn S. Kite and Justice William Hill filed a dissenting opinion saying they would allow lawsuits against bar owners if they violated local ordinances against serving alcohol to intoxicated persons.
Legal Insight 2011/08/29 09:28
Harry & David will emerge from bankruptcy protection in the middle of September, the specialty foods company said Tuesday, after its plan for reorganization was approved in court.
The emergence will likely occur on or around Sept. 13, giving the company plenty of time to ramp up for the crucial holiday season.
Kay Hong, the interim CEO who is heading the restructuring, said that Harry and David is returning as a stronger company that is better positioned for long-term profitable growth. The restructuring plan was approved by the United States Bankruptcy Court for the District of Delaware
With consumer priorities reshuffled during the recession, the demand fruit basket and gourmet gifts evaporated. Harry & David entered Chapter 11 bankruptcy protection in March.
Hong said the company looks forward to the holiday season with strong lineup of new products and plans "to deliver a terrific gift experience and unparalleled customer service as Harry & David has done for generations."
Harry & David Holdings Inc., based in Medford, Ore., sells under the Harry & David, Wolferman's and Cushman's brands online and in stores.

Legal Insight 2011/08/15 09:23
The Michigan Court of Appeals has upheld first-degree murder convictions against an Oakland County man for stabbing his parents to death.
Mark Ott of White Lake Township was convicted in the fatal stabbings last year. The bodies of 57-year-olds Barbara and Michael Ott were discovered in February 2008 at their home in White Lake Township, about 30 miles northwest of Detroit.
On Wednesday, the he appeals court affirmed the jury's decision to find Ott guilty but mentally ill. Ott is serving the mandatory sentence of life without parole.
The appeals court vacated Ott's convictions on two counts of second-degree murder based on double jeopardy principles. The ruling says double jeopardy doesn't allow multiple punishments for the same offense.
Legal Insight 2011/08/14 09:25
The White House is expressing confidence that it's constitutional to require people to have health insurance and believes that President Barack Obama's health care law will be survive all legal challenges in the end.
Obama adviser Stephanie Cutter says the White House strongly disagrees with an appeals court ruling Friday that struck down the insurance requirement at the center of a law.
She says the White House is confident that ruling will not stand.
Cutter notes on the White House blog that four other courts, including a different appeals court, has upheld the law.
Many legal observers expect the U.S. Supreme Court to have the final say on the issue.
Legal Insight 2011/08/11 10:32
A woman caught with her two brothers after a nationwide manhunt told Colorado authorities she "deserved to get shot" after pointing a gun at a police chief at the end of the siblings' run from the law, according to a court document.
Lee Grace Dougherty, 29, Dylan Dougherty Stanley, 26, and Ryan Edward Dougherty, 21, are being held in Pueblo County, Colo., on bonds of $1.25 million each. The three made their first court appearance Thursday by video from jail, and none made any statement during the brief hearing.
They face charges of attempted murder of a peace officer and assault on a peace officer. The charges stem from allegations that they shot rounds from an AK-47 at four patrol cars during a chase Wednesday on Interstate 25 in Colorado. The chase ended when troopers deployed spike strips to puncture the tires of the trio's Subaru, and the vehicle rolled and crashed into a guardrail.