Kagan confirmation would affect major tobacco case
Legal News Center
It's a simple matter of math: Elena Kagan's nomination to the Supreme Court has complicated the government's effort to force the tobacco industry to cough up nearly $300 billion.
If confirmed by the Senate as a justice, Kagan would have to sit out high court review of the government's decade-old racketeering lawsuit against cigarette makers. That's because she already has taken sides as solicitor general, signing the Obama administration's Supreme Court brief in the case — an automatic disqualifier.
Kagan is expected to step aside from 11 of the 24 cases the court has so far agreed to hear beginning in October.
Without her, the government and anti-tobacco advocates could find it difficult, if not impossible, to find a fifth vote to allow the government to seek $280 billion of past tobacco profits and $14 billion for a national campaign to curb smoking.
The justices are expected to consider whether to take up the tobacco lawsuit at their private conference on June 24. If they decide to go ahead, they would hear argument in the fall or winter.
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Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.