From Westlaw Journal Computer & Internet: A defendant’s four tweets referencing a pressure cooker and the Boston Marathon during the 2013 World Series between the Cardinals and the Red Sox did not reasonably express a serious intent to commit violence, a Missouri appeals court has ruled.
Robert Metzinger’s tweets were “tasteless and offensive” but did not communicate a threat — an essential element of the criminal charge against him, according to the opinion issued by the Court of Appeals.
From Westlaw Journal Pharmaceutical: A week after an impure lethal injection forced Georgia to postpone the killing of its only female death row inmate, she has filed a civil rights suit accusing state prison officials of violating the U.S. Constitution by refusing to reveal the source of their execution drugs.
In a complaint filed March 9 in Atlanta federal court, Kelly Gissendaner says the Department of Corrections is hiding behind the state’s “lethal-injection secrecy act” to avoid naming the compounding pharmacists who mix its pentobarbital, the barbiturate Georgia uses to kill prisoners through a massive overdose.
From Westlaw Journal Health Care Fraud: The 6th U.S. Circuit Court of Appeals has ruled that a lower court erred when it concluded the public disclosure bar deprived it of jurisdiction over a whistleblower suit by a former employee of a Tennessee hospital.
By Melissa J. Sachs, Esq., Senior Legal Writer, Westlaw Journals
From Westlaw Journal Aviation: The wife of a flight instructor who was a passenger in one of two private aircraft that collided midair near Sumerduck, Va., three years ago has sued the U.S. government for more than $20 million in Virginia federal court.
Joyce B. Gardella filed the wrongful-death lawsuit against the United States in the U.S. District Court for the Eastern District of Virginia, individually and as the personal representative of her husband’s estate.
By Jenny Q. Ta
From Westlaw Journal Bank & Lender Liability: Jenny Q. Ta, founder and CEO of Sqeeqee, a social networking site that generates income for users, discusses the differences among Bitcoin, digital and virtual currencies, as well as the advantages and disadvantages these new forms of money offer to consumers.
In today’s Internet-driven global economy, an increasing number of types of transactions are moving online, and almost daily more mediums of monetary exchange are being developed to accommodate the upsurge. From cryptocurrencies such as bitcoin to loyalty and reward points, and numerous other types of digital tender, these nontangible yet valuable electronic currencies are seeing a flood of activity that is contributing significantly to the boom in global e-commerce.
From Westlaw Journal Medical Devices: A federal magistrate judge in New York has recommended that a plaintiff’s manufacturing defect and breach-of-warranty claims be allowed to proceed against St. Jude Medical, in connection with an allegedly defective Durata defibrillator heart lead. At the same time, U.S. Magistrate Judge Hugh B. Scott of the Western District of New York did recommend dismissal of John Teixeria’s claims for failure to warn and negligent misrepresentation.
Teixeria claims in his amended complaint that the Durata heart lead on his cardiac defibrillator needed replacement Sept. 20, 2011, just 14 days after implantation.
From Westlaw Journal White-Collar Crime:A former property manager who embezzled $139,000 from a condominium association is seeking en banc review of a 2nd Circuit panel decision that affirmed his multiple-victim sentencing enhancement based on the increased dues that individual condo members must pay to make up the loss.
Peter Iovino says in his Feb. 11 petition for rehearing by the full 2nd U.S. Circuit Court of Appeals that the panel’s decision was contrary to the ruling in United States v. Abiodun, 536 F.3d 162 (2d Cir. 2008).
From Westlaw Journal Automotive: Calling it “the most courageous thing I have ever had clients do,” attorney Lance Cooper of Marietta, Ga., said Ken and Beth Melton risked their financial security by returning the $5 million settlement they received from General Motors LLC in their first lawsuit and suing the automaker a second time.
The Meltons have now settled that second suit, in a confidential agreement with GM.