Tag Archives: attorney

TN Gets $768K in Wyeth Pharmaceuticals Settlement

News release from attorney general’s office:
Tennessee will receive $768,890 as its share of a multimillion dollar settlement Wyeth Pharmaceuticals, Inc. (Wyeth)reached with other states and the federal government to resolve allegations of off label marketing of Rapamune, Tennessee Attorney General Bob Cooper announced today.

Wyeth was named in civil and criminal proceedings for allegedly illegally promoting the sale and use of the kidney transplant drug Rapamune for use in connection with solid organ transplant patients other than kidney patients. Rapamune is FDA approved to prevent the body from rejecting a donor kidney that has been transplanted into the body.

The investigation resulted from whistleblower actions filed under the federal False Claims Act and various state false claims statutes.
Continue reading

Sequester Creating Crisis in Federal Criminal Justice System

A crisis is brewing in the federal judiciary that experts say could jeopardize fundamental rights guaranteed by the Constitution, reports the Chattanooga TFP.
“I’ve worked in all three branches of government and the private sector,” said U.S. District Judge Harry S. “Sandy” Mattice. “I have never been involved in any organization either public or private in which the workload has so far exceeded the resources that are allotted to do that job.”
Across-the-board budget cuts of 8 percent brought on by the sequester have meant hiring freezes, unfilled positions, training and travel expenses cut for what many call an already overworked portion of federal government.
The sequester is just the latest of decades-long trends of broadening federal courts’ responsibilities yet underfunding to carry out their congressional mandate, Mattice said.
But at stake are far more than layoffs, furloughs and heavier workloads, as important as those are to the people involved. The very heart of the American judicial system could be on the line, Mattice and others said.
…”Do I have to dismiss cases if we cannot pay for defender services?” Mattice said.
Though judges, court clerks and prosecutors all feel the pinch, public defenders have it worse.
Beth Ford is the federal community defender for the eastern district. Her office represents indigent criminal defendants in federal court. The task is a constitutionally-guranteed right of citizens accused of crimes.
The looming budget, due in September, looks like a “perfect storm” for defender services, she said.
“We will have a 23 percent decrease in proposed budget funding,” Ford said.
That means this year’s already reduced annual budget of $5.8 million would decline to $4.5 million. Ford avoided furloughs and layoffs this fiscal year by foregoing 401(k) contributions to her staff. That’s not likely next year, she said.
Other defender’s offices across the nation have already begun layoffs and furloughs, she said.
U.S. Rep. Chuck Fleischmann said he’d met recently with district judges and U.S. Attorney Bill Killian about the problems they’re facing.
“They are making do with less and I commend them,” Fleischmann.
…Killian is down three assistant U.S. attorneys in his criminal division. The 33 remaining attorneys resolved more than 900 cases in the district spanning from the Virgina-Tennessee border to Chattanooga.
The office handles more than 1,800 ongoing cases a year among its three branches in Greeneville, Knoxville and Chattanooga.
… The district comes in at the top of per capita caseloads and prosecutions when compared to others across the United States, he added.
His criminal division attorneys average 387 hours a year of unpaid overtime each. And the eight civil division attorneys average 295 such hours.

Ramsey Will ‘Probably’ Back Push for Change in ‘Guns in Parking Lots’

Tennessee employers, public and private, are declaring that the state’s “guns in parking lots” law, which took effect July 1, does nothing to change policies prohibiting their employees from bringing weapons onto their property, even if they have a handgun carry permit.
That has prompted Lt. Gov. Ron Ramsey, a leading supporter of the new law, to declare that he will “probably” support an anticipated push to change the law next year to clarify that permit holders cannot be fired solely for having their gun in a locked car in their employers’ parking lots.
That runs counter to the declared wish of Gov. Bill Haslam that gun laws in Tennessee remain at the “status quo” in the 2014 session with no new gunfights.
“I hate that the attorney general has muddied the waters on this,” said Ramsey, who said he has been receiving complaints from employees of Eastman Chemical Co. this summer who were upset that the company’s prohibition on guns in parking lots is unchanged.
He referred a formal legal opinion from Attorney General Bob Cooper in May that says the new law — while forbidding any criminal prosecution of permit holders complying with its provisions — will have no impact on Tennessee law that otherwise generally allows a company to fire an employee “at will,” for any reason or no reason.

Continue reading

If you’re curious about blue lights and funeral processions….

NASHVILLE, Tenn. (AP) — A legal opinion issued by the state Attorney General Bob Cooper outlines exactly when it’s legal for blue flashing lights to be used as part of a funeral procession in Tennessee.
The opinion requested by Republican Sen. Mae Beavers of Mt. Juliet says that only full-time law enforcement officers can use blue flashing lights while escorting funeral processions — as long as it’s part of their official duty to do so. That standard applies even if they are off-duty and being paid for private security.
The attorney general said non-law enforcement may not use blue or red flashing lights of any kind, though escort vehicles can be equipped with amber lights.
Note: The full opinion, answering 10 questions, is HERE.

AG says state can run vehicle testing program in Shelby County

An attorney general’s opinion says the state has authority to set up a vehicle emissions testing program in Shelby County and charge motorists a fee to pay for it, reports the Commercial Appeal.
But the opinion says the state probably could not impose a countywide fee to pay for vehicle testing only in the City of Memphis, as it suggests was being considered by state officials.
Atty. Gen. Robert E. Cooper’s advisory opinion comes after Memphis ended its vehicle inspection program Friday.
The Tennessee Department of Environment and Conservation is “looking at all options” for a new inspection program in the Memphis area to keep the state in compliance with federal air pollution laws, TDEC spokeswoman Meg Lockhart said after the opinion’s public release Tuesday.
“But we are hopeful that the local air program will meet its obligation to have a vehicle inspection program as previously committed to both the state and to EPA that they would do.”
Memphis was the only one of Tennessee’s major urban areas with vehicle emissions testing where the inspections were limited only to residents of the central city. The testing programs are countywide in Davidson, Hamilton, Rutherford, Sumner, Williamson and Wilson counties.

Cooper Unruffled by Legislative Efforts to Change AG Appointment

State Attorney General Robert Cooper has emerged as a secret weapon for Gov. Bill Haslam and state lawmakers seeking to douse some of the fiery legislation put out this year, according to Chas Sisk.
But his legal advice may have put his office in jeopardy. A string of high-profile opinions has shown the political clout the attorney general wields.
Though seldom a focus of public attention, the state’s top lawyer has influenced some of the year’s biggest debates, touching on topics from animal cruelty to Vanderbilt University’s nondiscrimination policy. This was not the first time the attorney general’s legal acumen carried weight. But with Republican clout on the rise, support appears to be growing for legislation that would strip the attorney general’s office of some of its duties or change how he is selected.
Cooper, a Democrat with a studious air and a lawyer’s conciseness, seems unruffled by the possibility….
“This is an issue that’s been discussed for decades,” he said. “I think it really comes down to what sort of an office do you want the attorney general’s office to be — nonpartisan or partisan?”
…Cooper refused, for instance, to add Tennessee to a legal challenge against the Affordable Care Act three years ago, even as polls showed that a large majority of Tennesseans opposed the health care reform law. Cooper argued — correctly, it turned out — that the law was constitutional.
That decision and others like it prompted lawmakers to file seven separate bills this year seeking to change the attorney general’s duties or who decides to fill the office. In April, the state Senate approved one resolution that would give the legislature the power to pick the attorney general.

…(P)olicy considerations do not come into play, Cooper said. His staff of 173 lawyers simply respond to the questions they are asked by turning to the letter of the law.
“The history and tradition of this office has been that we provide nonpartisan, nonpolitical advice,” Cooper said. “That’s how we run the office. That’s how we are perceived, and I think people value the advice they get from us because of that.”
……After nearly seven years in office, Cooper says he is uncertain whether he will seek reappointment next summer.
“One of the beauties of this not being an elected office is that I don’t have to worry about getting ready for an election campaign, don’t have to be out raising money, doing anything of that sort,” he said. “So, at this point, I’m focused on the job.”

AG: No, You Can’t Have a ‘De-Annexation’ Referendum

State Attorney General Robert E. Cooper says Cordova area residents have no legal authority to force a public referendum on de-annexing their subdivision from Memphis, reports the Commercial Appeal.
The opinion confirms a similar legal opinion by State Election Coordinator Mark Goins last month that halted efforts by a group of Cordova residents to call a de-annexation referendum in their area this summer.
Cooper’s opinion references neither Cordova nor Memphis by name. But State Rep. Steve McManus, who represents the Cordova area, requested the opinion on behalf of the residents.
McManus and de-annexation supporters met Thursday night at the Old Cordova Community Center and decided to continue their petition drive despite Cooper’s opinion.
Josh Fox, head of the Cordova’s Voices website and spokesman for the de-annexation effort, said the group hopes to get 40,000 to 45,000 signatures, then take those to the City Council and to the state legislature. “That way, we can stand up there and say, ‘This is what the people who put you in office want.'”

AG: Handgun Permit Holders Can Still Be Fired for Guns in Cars

(Note: This updates, expands and replaces earlier post)
State attorney general Bob Cooper says a new state law protecting handgun permit holders from criminal prosecution for keeping their guns in locked cars still leaves them vulnerable to being fired by employers who prohibit weapons on their premises.
Lt. Gov. Ron Ramsey said the opinion, made public Wednesday, “ignores the clear legislative intent of the law.” (Note: full text of opinion HERE)
John Harris, president of the Tennessee Firearms Association, said Cooper’s analysis is correct and echoes points that Second Amendment advocates raised during legislative debate, only to be ignored by Republican legislative leadership.
The attorney general’s opinion, requested by Rep. Judd Matheny, R-Tullahoma, also addresses four legal questions raised about the so-called “guns in parking lots” law enacted earlier this year.
Two of them were the subject of considerable debate, including amendments offered on the House floor by Rep. John Mark Windle, D-Livingston, who had Harris’ help in drafting them.

Continue reading

Supreme Court Rules Disciplined Lawyer Must Pay $22K

News release from Administrative Office of the Courts:
The Tennessee Supreme Court ruled (Friday) that Knoxville attorney Herbert S. Moncier must pay the costs incurred prosecuting the disciplinary proceeding that resulted in his one-year suspension from the practice of law in Tennessee.
On June 1, 2011, the Supreme Court assessed costs totaling $22,038.32 against Mr. Moncier. Afterward, Mr. Moncier petitioned for relief from costs, arguing that the disciplinary proceedings resulting in his suspension were unfair and unconstitutional.
A three-member panel of the Tennessee Board of Professional Responsibility (BPR) refused to grant him relief from costs. Mr. Moncier appealed to the Supreme Court, again arguing that he should not be required to pay costs because the disciplinary proceedings that resulted in his suspension were unfair and unconstitutional. Mr. Moncier also argued that the members of the BPR panel assigned to hear his petition for relief from costs were biased against him.
The Supreme Court addressed and rejected Mr. Moncier’s arguments and affirmed the BPR panel’s decision denying him relief from costs. Among other things, the Court concluded that Tennessee’s attorney-disciplinary procedure is consistent with the due process requirements of the Tennessee and United States constitutions and that disqualification standards applicable to judges do not apply to members of the Board of Professional Responsibility.
To read Herbert S. Moncier v. Board of Professional Responsibility Opinion, authored by Justice Cornelia A. Clark, visit TNCourts.gov.

Some TN E-Book Buyers May Get a Refund Under Price-Fixing Deal

News release from Attorney General’s Office:
Tennesseans who bought electronic books (E-books) from Penguin Group (USA) Inc. in the past two years may be eligible for a refund as part of a multistate price-fixing agreement, Attorney General Bob Cooper announced today. Consumers in Tennessee along with 33 other states and territories will receive a total of $75 million in restitution.
Today’s agreement is the latest in a widespread investigation into allegations some of the largest publishers agreed with one another and some distributors to artificially set the prices of E-books sold in the United States.
The agreement with Penguin must be approved by the U.S. District Court for the Southern District of New York. When finalized, the agreement with Penguin will grant E-book outlets greater freedom to reduce the prices of their E-book titles.
Tennessee has previously settled with four other publishers–Hachette Book Group Inc., HarperCollins Publishers L.L.C., Simon & Schuster Inc., and Holtzbrinck Publishers LLC d/b/a Macmillan–for allegations relating to the same conduct.
An antitrust action based on the same allegations against Apple Inc., meanwhile, remains pending with a trial scheduled for June 3.
Specifically, the complaint states, the publishers agreed to increase retail E-book prices for all consumers and to eliminate E-book retail price competition between E-book outlets regardless of where the consumers bought their E-books.
“We hope this agreement will help stop anyone who attempts to gouge consumers in the future by artificially inflating prices for good and services,” Attorney General Cooper said. “As a result of this activity, consumers paid millions more than they should have in a naturally competitive marketplace.”
The lawsuit and today’s settlement stem from a two-year antitrust investigation conducted by the states and U.S. Department of Justice’s Antitrust Division. That investigation developed evidence that the conspired to end E-Book retailers’ freedom to compete on price by taking control of pricing from E-Book retailers and substantially increasing the prices that consumers paid for E-Books. The States contend that the publishers prevented retail price competition resulting in consumers paying millions of dollars more for their e-books. Under the proposed settlement agreement, the publishers will compensate consumers who purchased E-books from any of the publishers cited during the period between April 1, 2010 through May 21, 2012.