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.
Related listings
-
LA judge in banana workers case cites threats
Legal News Center 06/08/2010A California judge said Monday threats had been made against her and witnesses in connection with lawsuits claiming Nicaraguan workers on Dole Foods banana plantations were harmed by pesticides.Judge Victoria Chaney met with lawyers in closed session...
-
Court won't hear Clinton pay lawsuit
Legal News Center 06/07/2010The Supreme Court won't hear arguments that Hillary Rodham Clinton is ineligible to be secretary of state. The high court on Monday refused to hear an appeal by Judicial Watch, a conservative watchdog group. The Constitution says no member of Congres...
-
Neal Gerber partners leave to start own law firm
Legal News Center 06/03/2010Five partners have left Neal Gerber & Eisenberg to start their own law firm counseling trade associations, charitable groups and other non-profits.The group is led by Jed Mandel, who chaired Neal Gerber's practice group focused on associations an...
Victorville CA DUI defense Attorneys
The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.
The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.
Our attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you. .