United States Supreme Court Action Today: More to the Story

Well, turns out that the Supreme Court was very busy today.

For a decent wrap up on the whole deal try this:

http://www.washingtonpost.com/politics/courts-law/summary-of-supreme-court-decisions-thursday/2011/06/23/AGzR1YhH_story.html

Stern v. Marshal is a really bad decision, from the stand point of Personal Safety Advocacy.  It allows generic drug makers to hide behind the lack of a brand name offering as an excuse to fail to warn the public about known dangers.   This is bad news for lots of folks who could easily be harmed in the same manner that the plaintiffs in that case were.   Congress really needs to get involved to correct this injustice.   Maybe the Court's view was "legal" but in damn sure wasn't very "equitable" for all those who are going to be seriously hurt with no recovery and no legal mechanism to prevent these companies from doing what they want even knowing people are going to die.

By the way, the Supreme Court also ruled on a New Mexico case with some really huge implications for criminal practice in that state, which happens to be my home state and the venue of my law firm with Kimberly S. Brusuelas in Albuquerque.

I plan to go ahead an read that case carefully in the next few days and post my blog comments.

While my law firm is focused on serious injury and deaths, particularly those caused by eighty thousand pound bombs called "big rigs", this decision could implicate our plaintiff's practice because truck drivers involving in those death causing and people maiming incidents are regularly charged with driving while intoxicated or other such criminal actions.

More on that case, Bullcoming v. New Mexico, then, coming soon.

United States Supreme Court Action Today

The Wal*Mart class action decision ink is barely dry and the United States Supreme Court comes out with more decisions today.   The Court is continuing, it seems, to narrow the ability of some plaintiffs to get full justice.  The new case is Sorrell v. IMS Health.   While the Court is talking Fifth Amendment in its decision, the problem with the case is basic public safety.  The Court is going to allow pharmacy companies to sell personal information to drug companies so that they can target their patients for aggressive sales of questionable drugs.  It is easy to see this as a freedom of speech issues yet lives could be lost because of this ruling.   I hope it doesn't hurt too many people.  

Welcome to my blog.   I am looking forward to an on-going discussion.  I plan to provide updates on law and equity along with my own commentary.  I am also looking forward to your feedback.  Thank you for dropping in.   Please remember that, while I am a lawyer and principal at Brusuelas & Rane, LLC, Albuquerque, New Mexico, (505 274 9333), the comments here are general and cannot and should not be seen as legal advice.   If you have a legal problem and want competent advice, you must speak to the lawyer(s) of your choice.  Actual legal issues have to be considered one case at a time.  This is only a commentary and overview combined with personal opinions.   I intend to write in an unrestrained and genuine manner.  This is no substitute for contacting an attorney when you have an issue.  The law and the facts are different for every case, of course.  Remember, sometimes you just have to move quickly if you are in a legal jam.  Don't rest on your issues or sleep on your rights, your legal position could be seriously jeopardized.   Thanks for dropping by.   Let's get the conversation going!