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Nevada Supreme Court taking up execution case
Legal Opinions | 2018/08/08 23:30
The Nevada Supreme Court has stepped in to decide whether drug companies can try to stop the state from using their medications in a twice-postponed lethal injection of a condemned inmate who wants to die.

A state court judge in Las Vegas cancelled hearings Thursday following an order late Wednesday from six of the high court's seven justices.

Supreme Court intervention had been sought by the state attorney general's office regarding the execution of Scott Raymond Dozier.

The judge had planned to hear drugmaker Sandoz's request to join a bid by Alvogen and Hikma Pharmaceuticals to prevent Nevada from using their products in a three-drug combination never before tried in any state.

A Nevada death-row inmate whose execution has been postponed twice says the legal fight over his fate is taking a tortuous toll on him and his family and he wants his sentence carried out.

Scott Raymond Dozier told The Associated Press that the state should, in his words, "just get it done, just do it effectively and stop fighting about it."

Dozier's comments in a brief prison telephone call on Wednesday came a day before a third drug company is due to ask a state court judge in Las Vegas to let it join with two other firms suing to block the use of their products in executions.

The companies say they publicly declared they didn't want their products used in executions and allege that Nevada improperly obtained their drugs.



N Carolina Supreme Court candidate sues over party label law
Court News | 2018/08/06 14:14
A North Carolina Supreme Court candidate has made good on his threat to sue Republican legislators to challenge a law finalized over the weekend preventing him from having his party designation next to his name on the November ballot.

Chris Anglin filed a lawsuit Monday against Republican legislative leaders and elections officials in state court. He wants the law declared unconstitutional and his GOP designation retained.

The law prevents judicial candidates from having party labels next to their names if they changed affiliations less than 90 days before filing. Anglin switched from a Democratic affiliation three weeks before filing.

Anglin says the law gives unfair benefit to opponent Justice Barbara Jackson, who will have a Republican label. The race's other candidate — Anita Earls — will have a Democratic label.


Filing period opens for West Virginia Supreme Court seat
U.S. Court News | 2018/08/06 14:13
The filing period has begun for a special election for the West Virginia Supreme Court.

The filing period for the unexpired seat of former Justice Menis Ketchum started Monday and runs through Aug. 21. The special election will be held concurrently with the Nov. 6 general election.

Candidates must be at least 30 years old, residents of West Virginia for at least five years and admitted to practice law for at least 10 years.

Ketchum announced his retirement last month. He had two years remaining in his term.

Last week prosecutors said Ketchum has agreed to plead guilty in federal court to one count of wire fraud stemming from the personal use of state-owned vehicles and fuel cards. He faces a plea hearing and up to 20 years in prison.


Oklahoma lawsuit against opioid makers back in state court
U.S. Court News | 2018/08/05 14:14
A U.S. judge determined Friday that a lawsuit the state of Oklahoma filed against the makers of opioids does not "necessarily rise" to a federal issue.

The ruling by U.S. District Judge Vicki Miles-LaGrange in Oklahoma City sends the matter back to state court. Drugmakers had it moved to federal court in June.

Oklahoma, one of at least 13 states that have filed lawsuits against drugmakers, alleges fraudulent marketing of drugs that fueled the opioid epidemic in the lawsuit filed in June 2017. It is seeking unspecified damages from Purdue Pharma, Allergan, Janssen Pharmaceuticals, Teva Pharmaceuticals and several of their subsidiaries.

Opioid manufacturers had argued the state was asking them to make different safety and efficacy disclosures to the public than required by federal law and the U.S. Food and Drug Administration. The drug manufacturers listed as defendants said opioid abuse is a serious health issue, but they deny wrongdoing.

An attorney for the companies did not immediately return a phone call seeking comment.

The ruling came just minutes after Chickasaw Nation Gov. Bill Anoatubby and Choctaw Nation Chief Gary Batton joined Hunter and Michael Burrage, a private attorney representing the tribes and the state, in announcing that the tribes are joining the state in suing the opioid manufacturers in state courts for unspecified damages.

Hunter did not immediately return a phone call for comment, but Burrage said during the news conference that the effort to return to lawsuit to state court was to keep it from potentially being folded into more than 800 similar lawsuit pending in Ohio.


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