New win for flag burner in SCOTUS case; Johnson & Johnson seeks mistrial for stricken closing

New win for flag burner in SCOTUS case; Johnson & Johnson seeks mistrial for stricken closing

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Afternoon Briefs: New win for flag burner…
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By Debra Cassens Weiss
September 11, 2019, four:00 pm CDT

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Expenses dropped in opposition to activist whose flag burning led to SCOTUS choice

An activist is benefiting from the Supreme Court docket precedent he set 30 years in the past. On Monday, prosecutors dropped costs in opposition to Gregory “Joey” Johnson, who burned an American flag in entrance of the White Home on July four to protest President Donald Trump’s agenda. The Supreme Court docket had dominated for Johnson in 1989 when it held that flag burning is expressive conduct protected by the First Modification. (The Nationwide Regulation Journal)

Johnson & Johnson seeks mistrial after decide strikes its lawyer’s total closing argument

Johnson & Johnson argues a decide’s choice to strike its lawyer’s total closing argument in a talcum powder case was “draconian” in addition to “disproportionate and unreasonable.” Decide Ana Viscomi had struck the Sept. four argument by lawyer Diane Sullivan, a accomplice at Weil, Gotshal & Manges, after she argued that the plaintiffs’ case linking child powder to mesothelioma was “lawsuit fiction” primarily based on questionable proof. J&J is searching for a mistrial. “The court docket took J&J’s arguments, crumpled them up and threw them within the trash, for all of the jury and the world to see,” the movement mentioned. When the plaintiffs’ attorneys placed on their closing, it “was soaked with venom calculated to prejudice the jury in opposition to J&J,” the movement argued. (The New Jersey Regulation Journal, Regulation360)

2nd Circuit reinstates swimsuit over Spirit Airways’ carry-on bag charges

The 2nd U.S. Circuit Court docket of Appeals is giving would-be class-action plaintiffs an opportunity to show Spirit Airways breached their contracts by charging “gotcha” carry-on bag charges once they purchased tickets from on-line journey websites. The appeals court docket mentioned the plaintiffs’ claims usually are not preempted by federal legislation that bars state regulation of air carriers. (Regulation360, CNBC, 2nd Circuit’s Sept. 10 order)

ninth Circuit briefly lifts decide’s second nationwide injunction blocking asylum ban

The ninth U.S. Circuit Court docket of Appeals issued an administrative keep Tuesday night time that narrows a nationwide injunction blocking guidelines that successfully ban asylum for a lot of immigrants on the southern border. It’s the second time the ninth Circuit narrowed an injunction issued within the case by U.S. District Decide Jon Tigar. The injunction now applies solely to jurisdictions throughout the ninth Circuit throughout the federal government’s enchantment. (Politico, the San Francisco Chronicle, the ninth Circuit order)

Federal decide blocks North Dakota legislation requiring docs to inform sufferers that abortion medicine are reversible

A federal decide in Bismarck has blocked a North Dakota legislation that requires medical doctors to inform sufferers that it could be attainable to reverse the consequences of abortion-inducing drugs. U.S. District Decide Daniel Hovland issued the preliminary injunction in a problem by the American Medical Affiliation and the state’s solely abortion clinic, which argued that abortion “reversal” relies on unproven theories. Hovland mentioned the plaintiffs had been prone to prevail on their declare that the legislation compelled speech in violation of the First Modification. (CNN, the Bismarck Tribune, Heart for Reproductive Rights press launch, Hovland’s Sept. 9 order)

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