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Legal news from Wednesday, December 5, 2012
by Jerry Votava

The US Court of Appeals for the District of Columbia Circuit on Wednesday denied a request for a rehearing on Food and Drug Administration (FDA) regulations that require tobacco companies to display graphic images on their packaging. In a 2-1 decision issued in August, the DC Circuit struck down the regulations, holding that …

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by Sung Un Kim

Attorneys for the federal government on Monday filed a motion with the US District Court for the Eastern District of Oklahoma to dismiss a complaint challenging the Patient Protection and Affordable Care Act (PPACA). Oklahoma Attorney General Scott Pruitt had filed a suit in January against the federal health care …

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by Benjamin Minegar

The Oklahoma Supreme Court on Tuesday struck down two state laws, HB 2780 and HB 1970, limiting abortion rights for physicians and patients for unconstitutionality. The first law mandated that physicians must require that any patient seeking an abortion undergo an ultra-sound, whereby the image of the fetus was to be described and …

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by Peter Snyder

The UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied by Israel since 1967 Richard Falk called on Israel Wednesday to fully implement and continue to support the recent conflict-ending ceasefire agreement with Palestinians in Gaza. Falk concluded a week-long mission evaluating the overall impact of Israel's prolonged occupation and …

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by Keith Herting

An Arizona judge ruled Monday that Arizona's medical marijuana law is constitutional and instructed the state to permit dispensaries to open. Judge Michael Gordon of the Maricopa County Superior Court rebuffed arguments from Arizona Attorney General Tom Horne that federal laws barring the use of marijuana preempted the state law allowing medicinal marijuana …

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by Matthew Pomy

An Israeli court has approved the nation's first same-sex divorce even though the country does not officially recognize same-sex marriage. The court ruled Sunday that the couple, who were married in Canada and live in Israel, should be recognized as married and should be allowed to sever the relationship. Not allowing the separation, the court reasoned, …

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by Matthew Pomy

UN High Commissioner for Human Rights Navi Pillay addressed the growing issue of global business' role in gross human rights abuses in a statement on Tuesday. In addressing the Annual Forum on Business and Human Rights, Pillay detailed the importance of taking steps to implement the Guiding Principles on Business and Human Rights. Pillay …

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by Maureen Cosgrove

The US Court of Appeals for the District of Columbia Circuit on Tuesday upheld a federal rule requiring mobile-data providers to offer roaming agreements to other providers on "commercially reasonable" terms. In April 2011 the Federal Communications Commission (FCC) adopted the data roaming rule, which allows users to connect to another provider's …

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by Keith Herting

A judge for the US District Court for the Eastern District of California on Tuesday refused to issue an injunction to block a pending law preventing mental health providers from engaging in sexual orientation change efforts (SOCE) with minors. Claiming that the challenge to the law is "not likely to prevail" Judge Kimberly Mueller refused …

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by Maureen Cosgrove

Iranian lawyer and prominent human rights activist Nasrin Sotoudeh on Tuesday ended a 49-day hunger strike in protest of her prison conditions and a travel ban imposed on her family. UN High Commissioner for Human Rights had Navi Pillay expressed concern for Sotoudeh's deteriorating health and urged the Iranian government to lift …

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by Julia Zebley

The US Supreme Court heard oral arguments in two cases Tuesday. In Sebelius v. Auburn Regional Medical Center the court heard arguments on whether a 180-day statutory time limit for filing an appeal with the Provider Reimbursement Review Board (PRRB) from a final Medicare payment determination, under 42 USC § …

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by Julia Zebley

The US Supreme Court released a unanimous opinion Tuesday in Arkansas Game & Fish Commission v. United States on the Federal government's immunity under the Takings Clause of the Fifth Amendment. The decision held that the government does not receive automatic immunity under the Takings Clause when creating a …

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