Showing posts with label courts. Show all posts
Showing posts with label courts. Show all posts

Tuesday, April 07, 2026

U.S. farmers secure $99 million settlement fund in right-to-repair court battle against John Deere

Deere agreed to supply U.S. farmers with the tools required to
 make their own repairs. (Photo by R. Fath, Unsplash)
U.S. farmers fighting for the right to repair their own tractors secured a class-action suit victory against John Deere. Reuters reports, "U.S. agriculture equipment maker Deere agreed to pay $99 million into a settlement fund for ‌farms and farmers that are part of a class action over costs and access to repairs."

Since 2017, Deere has put up a bulwark of defenses to prevent sharing repair access and knowledge with U.S. farmers who wanted to fix their tractors themselves rather than wait for a Deere-authorized repair tech to make it to their farm. Reuters reports, "The settlement fund covers eligible plaintiffs who paid Deere’s authorized ​dealers for repairs to large agricultural equipment from January 2018."

The right-to-repair suits from farmers are only part of a bigger tug-of-war between companies that produce technology-based products, such as cell phones and computers, and American consumers. Reuters reports, "Regulators and plaintiffs argue that some ​manufacturers limit competition by controlling access to repair tools and ⁠software."

Within Deere's settlement, the company gave a 10-year commitment to supplying "farmers with the 'tools ​required for the maintenance, diagnosis, and repair' of large agricultural equipment, ​including tractors, combines, and sugarcane harvesters," Reuters reports.

Although this week's settlement ends some of Deere's litigation headaches, the company still faces "a separate lawsuit brought by the Federal ​Trade Commission," Reuters reports. "A ​U.S. judge ruled ⁠in 2025 that Deere must face that lawsuit, which accused the company of forcing farmers to ​use its authorized dealer network and driving up their ​costs for ⁠parts and repairs."

Tuesday, February 24, 2026

Trump's order increases the production of controversial herbicide glyphosate

Glyphosate is the most popular
herbicide in the world.
Despite large pockets of concerned Americans and a growing body of scientific research linking the country's most commonly sprayed weedkiller ingredient, glyphosate, to serious health concerns, President Donald Trump issued an "executive order aimed at ramping up production of glyphosate," report Hiroko Tabuchi and Sheryl Gay Stolberg of The New York Times. The move alarmed supporters of Health Secretary Robert F. Kennedy Jr.'s “Make America Healthy Again” agenda.

Glyphosate, sometimes sold under the brand name "Roundup," is the world's most popular weedkiller for good reason -- it is extremely effective at annihilating noxious weed growth; however, the ingredient "has been the target of tens of thousands of lawsuits that claim it causes non-Hodgkin’s lymphoma," Tobuchi and Stolberg explain.

To issue the order to increase domestic glyphosate production, "Trump invoked the Defense Production Act, a 1950s-era law typically used in national emergencies to compel companies to produce certain materials or supplies that the president deems necessary for national security," the Times reports. "Trump declared both glyphosate and phosphorus, used to manufacture the weedkiller, 'critical to the national defense.'"

Some MAHA supporters and environmental activists were infuriated by the move. Vani Hari, a healthy eating advocate and supporter of Kennedy’s nutrition agenda, told the Times, "MAHA voters were promised health reform, not chemical entrenchment."

Meanwhile, Kennedy issued a statement supporting Trump's order, saying it "puts America first where it matters most — our defense readiness and our food supply."

So far, much of the research on glyphosate exposure among people has yielded mixed results. Tobuchi and Stolberg explain, "Late last year, a landmark study that had found glyphosate to be safe 25 years ago was retracted by the scientific journal that published it."

German-based glyphosate maker Bayer has been working for years to resolve its glyphosate litigation. Last week, "it proposed to settle a nationwide class-action lawsuit to resolve claims that its flagship herbicide causes cancer," Thomas reports. "The settlement plan includes setting aside more than $7 billion to fund payments over 21 years."

Wednesday, January 07, 2026

Supreme Court's ruling on mail-in ballot deadlines could have an outsized impact in rural areas

Both Republicans and Democrats have large numbers
of voters who mail their ballots. (Adobe Stock photo)
The U.S. Supreme Court plans to rule on mail-in ballot deadlines this term, which could have an outsized impact on a subset of voters, including thousands of rural voters, should the court decide that ballots arriving after Election Day must be tossed.

The case centers on a Mississippi law that allows mailed ballots to be counted even when they arrive after Election Day, but roughly "18 states and territories accept such late-arriving ballots as long as they are postmarked by Election Day," report Nick Corasaniti and Christine Zhang of The New York Times.

Should the court decide that all votes must be received by Election Day, mail-in voters from rural areas will be challenged to mail their votes early enough to be counted.

Voters in the southwestern town of Medford, Oregon, provide a good example. When a Medford voter mails a ballot from the local post office, it doesn't go to the "town clerk’s office only a few miles away," the Times reports. "Instead, it travels about 280 miles north on Interstate 5 to Portland, to get a postmark stamped, before returning to the Medford elections office to be counted."

Rural mail services are also more likely to be delayed by local weather conditions or traffic bottlenecks due to bad weather or natural disasters far from their zip codes.

States with sprawling rural areas and high electoral college numbers, such as California, Texas, Illinois, and New York, currently allow late-arriving ballots to be counted. Should the Supreme Court ax that allowance, both parties could see Election Day impacts.

No matter what the Supreme Court decides, ongoing election education can remind citizens how and when to vote. David Becker, from the Center for Election Innovation and Research, told the Times, "For people who are voting once every four years, or once every two years, they’re not familiar with all these procedures and changes."

Dollar General settles multiple suits for $15 million. Suits claim the chain regularly overcharged customers.

Dollar General headquarters in Goodlettsville, Tenn.
(Wikipedia photo)
Dollar General, a company that promises affordable food and staples in communities with few options, agreed to a $15 million settlement after being accused of consistently charging higher prices at the register than the prices it displayed on shelves. Many rural and urban customers can apply for repayments, reports Barry Yeoman of The Guardian.

The settlement ends lawsuits in several states that claimed Dollar General "overcharged customers at many of its 20,000 U.S. stores," Yeoman writes. "Many of the stores are located in rural towns and low-income urban neighborhoods with limited retail."

The day before the $15 million settlement was announced, Dollar General announced it settled for $1.55 millions with the state of Pennsylvania to "resolve similar allegations," Yeoman adds. "The chain’s 900 Pennsylvania stores failed more than 40% of their pricing accuracy inspections between 2019 and 2023."

Provided the $15 million is approved by a New Jersey court in March, shoppers will be able to file a "claim award starting at $10 and rising to the full amount of the overpayment," Yeoman explains. Filers will need to provide documentation proving the overcharge, such as receipts or photos of receipts and shelving sale signs.

"Consumers who cannot supply documentation can still claim a $3 discount on one $10 purchase, available on certain days," Yeoman reports. "The company has denied wrongdoing in the cases."

Tuesday, December 09, 2025

A small university town in southern Illinois 'leads the nation in out-of-state abortion patients'

Adobe Stock photo

Surrounded by farmland and the vast wooded expanses of the Shawnee National Forest, Carbondale, Illinois, has become a central hub for abortion access. 

The small-sized town, which is home to Southern Illinois University Carbondale, is within “driving distance of 10 states with abortion bans,” reports Elizabeth Williamson of The New York Times. “Last year, there were nearly 11,000 abortions in this city of 21,000.”

After the Supreme Court overturned Roe v. Wade, 14 states have banned the procedure. Those bans made “geography an all-important factor in access to the procedure,” Williamson explains. “And placed Carbondale, a liberal enclave in a deeply conservative region, in a complicated position.”

Unlike many of its neighboring states, abortion remains legal in Illinois. Carbondale's location near the southern tip of Illinois makes travel from states such as Missouri, Indiana, Kentucky, Mississippi and even Louisiana possible for women seeking the procedure. Williamson writes, “Illinois now leads the nation in out-of-state abortion patients.”

Although many Carbondale residents support “its status as a safe harbor. . . the sheer number of abortions has also created some unease and worry about a backlash,” Williamson explains. 

One community member told Williamson she was concerned about the negative attention the high number of abortions could bring to the otherwise “quiet community.”

Carbondale has three women’s clinics that perform abortions, but two of the three provide other women’s health services. “Alamo Women’s Clinic only does abortions, both procedural and medication, all on-site,” Williamson reports. “Fewer than five percent of Alamo patients are from Illinois.”

Tuesday, October 14, 2025

American agricultural industry successfully prevents MAHA strategy plan from bashing key pesticides

MAHA's initial report and strategy are found on
the White House website. 
The first report issued by Health and Human Services Secretary Robert F. Kennedy Jr.'s "Make America Healthy Again" commission alarmed America's "Big Ag" leaders; however, the agricultural industry's intensely focused response appears to have reduced some of the commission's concerns over pesticides, report Amudalat Ajasa and Rachel Roubein of The Washington Post.

Released in May, the first MAHA report was Kennedy's initial attempt to define the reasons for chronic illness in American children. It didn't completely bash all pesticide use in American farming, but instead it "raised questions about the health effects of two commonly used pesticides, glyphosate and atrazine," the Post reports. "The report’s rhetoric frustrated powerful agriculture groups," such as CropLife America, a trade group for pesticide companies, and the American Soybean Association.

In an effort to influence the commission, the agricultural industry launched lobbying "blitzes" and "coordinated social media campaigns," Ajasa and Roubein explain. "Their efforts seemingly paid off. The Trump administration’s MAHA strategy document, released last month, did not call for restrictions on pesticides."

While big agriculture companies may be relieved at MAHA's softer stance on pesticides, some of Kennedy’s allies "believe it went too far in bowing to the agriculture industry," Ajasa and Roubein write. But supporters of the strategy claim that MAHA's focus on innovative solutions and technology can benefit American health and farmers.

Meanwhile, Kennedy is still tasked with rooting out the causes of chronic childhood diseases. MAHA's strategy report "notably avoids proposing restrictions on commonly used products such as glyphosate and atrazine," the Post reports. "The report pledges that the EPA will work with the food and agriculture industries to ensure the public has 'awareness and confidence' in the agency’s 'robust review procedures.'"

Some MAHA activists remain frustrated by the report's failure to call out pesticide use and the Trump administration's appointments to the Environmental Protection Agency.

Friday, August 22, 2025

Quick hits: Radioactive shrimp; soybean farmers seek deal; tractor pulls; veggie-flation; 515-mile lightning strike

Radioactive shrimp were recalled as a precautionary
measure. (ABC video graphic)
Earlier this week, the FDA issued an urgent recall for Indonesian shrimp sold at Walmart that may contain radioactive materials. "Certain Great Value raw frozen shrimp products sold at Walmart are being recalled due to possible contamination with Cesium-137, a radioactive isotope," reports Erin Keller of the Independent. FDA shrimp recall details are here.

With their fall harvests almost ready, American soybean farmers sent the Trump administration a letter asking for a trade deal with China. "China, the world's largest soybean buyer, is turning to Brazilian cargoes amid trade tensions with the U.S. and ongoing negotiations," reports Leah Douglas of Reuters. "The country has not pre-purchased soybeans from the upcoming U.S. harvest, an unusual delay that has worried traders and farmers. . . . China bought 54% of U.S. soybean exports in the 2023-2024 marketing year, worth $13.2 billion."

Langford's tractor pull has increased in popularity since
beginning in 1946. (Photo by Zach Jaworski, NPR)
Annual tractor and truck pulls have grown into major events for some rural communities. Little Langford, New York, hosts its tractor pull for two days every August. "Spectators gather on wooden bleachers flanking a long dirt runway, forming an arena that seats 4,000 people — more than the surrounding area's total population," reports Zach Jaworski of NPR. Richard Love, one of the officials at this year's Langford pull, told Jaworski, "It's non-stop action and it's just kind of a big party here." Jaworski adds, "This event in Langford has been held annually since 1946."

After U.S. Department of Labor agents zeroed in on the Marino family farm in New Jersey and uncovered a paperwork violation, they shackled the family's business with administrative red tape, fines and a ruling from a DOL court. Finally, after years of litigation, "a panel of independent federal judges unanimously ruled DOL’s actions in violation of the Constitution. . . and the Marinos were vindicated," reports Chris Bennett of Farm Journal. But the DOL's damage remains -- the Marino family farm that operated for 125 years is gone. Joe Marino told Bennett, "I never thought honesty and facts wouldn’t matter in America, but that’s what happened."
Chart by Axios, from Bureau of Labor data
As U.S. consumers watch the prices for essentials continue to fluctuate, produce costs could become the next budget worry. "Wholesale prices for fresh veggies soared by a record amount last month, foreshadowing a possible spike at the grocery store soon," reports Ben Berkowitz of Axios. "The Producer Price Index for July rose at the fastest clip in three years, far more than economists expected. . . . Per Bureau of Labor Statistics data, it's also the largest monthly increase ever recorded in a summer month (June-August), in figures that go back to 1947." 
A visualization of the megaflash that extended 515 miles, roughly the distance from Dallas to Kansas City, Mo. (Photo by Michael Peterson, GTRI via The Wall Street Journal)

The raw energy released in an average lightning bolt could power a small town for an entire day. With that in mind, consider the energy released during a recently detected lightning flash that zipped along the Great Plains in 2017. It was a "record-setting strike that lasted more than seven seconds and stretched 515 miles, from eastern Texas almost to Kansas City, Mo.," reports Eric Niiler of The Wall Street Journal. "The massive size of the megaflash, which touched ground in five states in 2017, was revealed by a new analysis of satellite imagery from the National Oceanic and Atmospheric Administration. . . . The average lightning strike is between 2 and 10 miles long."

Tuesday, August 19, 2025

A town that stymied winery growth now owes more than $49 million to wine operators

Location of Old Mission Peninsula
in Michigan (Wikipedia map)
Long known for its cherry orchards and scenic bay, Old Mission Peninsula, Michigan, is a winery destination with a contentious history between winery owners and residents. "On one side: wineries seeking alternative revenue streams," reports Jim Barrett of The Wall Street Journal. "On the other: farmers and homeowners who fear rowdy weddings and brides gone wild will shatter their agricultural enclave."

Years of feuding over development restrictions ended in winery operators suing the town, and this summer "a federal judge in Kalamazoo ordered the tiny locale (pop. 6,000) to pay the wineries $49.3 million in lost revenue over zoning ordinances the court found unconstitutional and in violation of Michigan law," Barrett writes. 

While town leaders appealed the massive judgment, Town Supervisor Maura Sanders asked officials to consider selling parts of the town to raise funds. Barrett explains, "She wants to appraise properties like public parks (including two with beaches), a historic 1870 lighthouse and vacant lots for potential sale. She has floated ending maintenance of the local cemetery and closing the township hall."

Joseph Infante, a lawyer for the 11 winery owners, "called the talk of selling off local jewels 'a P.R. stunt to paint the wineries in a bad light,'" Barrett reports. "One frustrated resident summed up his opinion of town leaders on a roadside sign: '$49 MIL. RESIGN.'"

Bowers Harbor Vineyards in located on the Peninsula,
but it does not offer private events. (Bowers Harbor photo)
The ire began with town requirements that curtailed winery development. Residents and town officials worked to prevent winery growth by designing "intricate rules, including tying guest counts to grape purchases and dictating which music genres could grace vineyards," Barrett explains. "Peninsula producers say myriad restrictions kept them from establishing the vibrant tourism they observed in other wine destinations."

Wine owners tired of rules and infighting filed suit in 2020. "As the lawsuit continued, the township repealed certain ordinances, and the wineries now hold more events without seeking government approval each time, though they remain cautious about larger activities," Barrett reports.

Some townspeople don't believe the winery owners will push to collect. "Some local leaders expressed confidence they would win on appeal — or that the wineries won’t actually force the town to pony up," Barrett writes. "The wine operators have said they could be flexible on the payout and are waiting for a sense of what the town’s insurers will pay before proceeding."

Friday, August 15, 2025

Telemedicine provides abortion access for rural women in states where the procedure is restricted or banned

Graph by the Society of Family Planning (click to enlarge)
Women living in rural areas with abortion-restrictive state laws are using telehealth and doctors in other states to access abortion medications. State shield laws currently protect out-of-state medical professionals who prescribe abortion medications, but that protection may not remain a guarantee.

Asynchronous telemedicine abortion medication provision rates "were higher in states with abortion restrictions and poorer counties far from clinics," reports Rachael Robertson of MedPage Today. "Of the 118,338 medication abortion pill packs Aid Access provided over a 15-month period, 84% went to states with near-total restrictions or bans on telemedicine abortion," reported Abigail Aiken, PhD, at the University of Texas, in the Journal of the American Medical Association.

When the U.S. Supreme Court overturned Roe v. Wade in 2022, some states followed the decision with abortion bans; however, if the bans were meant to stop abortions, they had limited success. Robertson writes, "Some data suggest that abortion rates remained steady despite these challenges."

Aiken's research points to medication abortions and the shield law as a reason abortion rates remained level, even in states with the most stringent restrictions. Aiken explains, "One plausible contributor is the rise of online asynchronous telemedicine abortion services -- particularly those operating under shield laws, which allow U.S.-licensed clinicians to provide abortion medications to patients in ban states with protection from legal liability."

"Before Roe was overturned, telehealth only accounted for 4% of abortions; that has increased to 25% as of December 2024, and disproportionately to ban states, according to Society of Family Planning data," Robertson adds.

Shield law protections will be tested by a Texas lawsuit "against a New York physician operating a nonprofit delivering telemedicine abortion," Robertson reports. "In the past, states tended to honor and assist other states' law enforcement, but the post-Roe era is different."

Friday, June 20, 2025

Proposed $7 billion Purdue settlement advances; leaves Sacklers exposed

Adobe Stock photo
Since last July when the U.S. Supreme Court rejected the Purdue Pharma opioid bankruptcy agreement, negotiation has continued. The latest offer from the Sackler family may have enough support from stakeholders to stick.

"OxyContin maker Purdue Pharma’s latest plan to settle thousands of lawsuits over the toll of opioids could soon move forward after every U.S. state involved agreed to it," reports Geoff Mulvihill of The Associated Press. U.S. Bankruptcy Court Judge Sean Lane "is being asked to clear the way for local governments and individual victims to vote on it next."

If Lane moves the agreement forward, impacted parties have until Sept. 30 to vote "on whether to accept the deal, which calls for members of the Sackler family who own the company to pay up to $7 billion over 15 years," Mulvihill explains. Roughly $6.5 billion of the settlement will be taken from the Sackler's wealth, and "potentially more than $850 million would go directly to individual victims."

The biggest change the reworked plan offers is that it does not guard Sackler family members from civil liability suits related to the opioid crisis. Groups that reject this settlement can continue litigation against Sackler family members. Mulvihill adds, "Under the plan, the Sackler family members would give up ownership of Purdue."

The $7 billion the Sacklers have put on the table pales in comparison to their exposure. Mulvihill reports, "The settlement is a way to avoid trials with claims from states alone that total more than $2 trillion in damages. Thousands of local governments and other groups have also sued Purdue."

While the settlement is an attempt to hold the Sackler family accountable for its part in the prescription drug crisis, the family will remain exceptionally wealthy and will continue to run its global pharmaceutical company, Mundipharma, which operates in the United Kingdom, Canada, Germany and Singapore. 

Tuesday, May 20, 2025

Bayer considers Monsanto bankrupcy as one way to settle thousands of Roundup lawsuits

Roundup is used by farmers
around the world.
 
Despite being the most popular herbicide in the world, Roundup continues to be at the heart of thousands of lawsuits alleging the product's active ingredient, glyphosate, is linked to human cancers. Bayer, which owns Roundup, is working on resolving the lawsuits while "exploring a bankruptcy filing for its Monsanto agriculture business," report Andrew Scurria, Akiko Matsuda, Patrick Thomas and Alexander Gladstone of The Wall Street Journal.

Because Bayer has already attempted and failed to resolve much of its Roundup litigation, the "German drug and agriculture conglomerate is preparing a bankruptcy filing," intended to "cover the weedkiller’s U.S. manufacturer, Monsanto," the Journal reports. "A Chapter 11 filing by Monsanto would pause lawsuits against the division and open a path to settling its share of Roundup-related liability in bankruptcy court."

Roundup was developed by Monsanto and sold to U.S. farmers and gardeners beginning around 1974. The product was used for roughly 40 years before lawsuits against Monsanto began following a study published in 2013 that suggested glyphosate may cause human cancer. The Journal reports, "Lawsuits alleging a link between glyphosate — the key ingredient in Roundup — and cancer have dogged Bayer since its 2018 acquisition of Monsanto."

Roundup litigation, payouts and company stock slumps have cost Bayer billions and led the company to warn "farmers, suppliers and retailers that it may stop producing Roundup absent a resolution of the tort claims. . . . Bayer’s shares are down about 75% since it acquired Monsanto in 2018," according to the Wall Street Journal report. "The Roundup litigation has cost the company about $10 billion in legal payouts as part of the $16 billion it has so far set aside for settlements."

Nonetheless, the company said it "is committed to resolving its litigation headache in the next 12 to 18 months," the Journal reports. "About 67,000 cases alleging it caused plaintiffs’ cancer are pending. . . . U.S. farmers rely on Roundup to produce soybean, corn and cotton crops that are genetically modified to withstand the weedkiller."

To read how Bayer could use bankruptcy to carve out lawsuit resolutions, click here.

Tuesday, April 29, 2025

A lack of attorneys leaves rural Nebraskans without representation; 12 counties have no attorneys

Twelve Nebraskan counties don't have an active
attorney. (Photo by Irene North, Flatwater Free Press)
 
As many older lawyers retire from rural-serving practices and fewer graduating law students opt to replace them, many rural Americans have found securing legal representation almost impossible. In rural Nebraska, the lack of attorneys has some residents navigating legal paperwork and proceedings alone while their lack of representation causes a domino effect of stressors for courts.

"About a third of Nebraska’s 93 counties have three or fewer active attorneys residing and practicing in them. Twelve counties don’t have a single one, according to the Nebraska State Bar Association," reports Shelby Rickert for the Flatwater Free Press. "For attorneys, this means heavier caseloads and longer travel times. Judges must take on extra duties to streamline an already complicated process."

Even as advocates work to solve the problem, law training takes time. "Nonprofits and other programs are trying to fill the gaps," Rickert writes. "The state bar has several incentive programs, and a newly approved program at the University of Nebraska College of Law is working to train future attorneys in juvenile law, an area with a dire shortage of attorneys in rural Nebraska."

Criminal or child/minor proceedings often require legal representation, so the lawyer shortage leaves practicing attorneys shouldering heavy caseloads with extensive travel. Rickert explains, "Heavy workloads for the few attorneys in an area can affect the quality of representation in court, especially when defendants are entitled to legal representation."

Madeline Smith, an attorney in Broken Bow, Nebraska, is a court-appointed child advocate who struggles to stay on top of cases that are hours from her home base. Rickert writes, "Cherry County, where Smith has cases, is more than 100 miles from Broken Bow. In one of those cases, children were placed in Douglas County, nearly 200 miles from Broken Bow. The extended days add to her struggles balancing work and life balance. . . . Attorneys in smaller communities also struggle to access the same services their clients may seek, such as mental health care."

Tuesday, April 01, 2025

U.S. Supreme Court looks poised to allow $8 billion for rural and low-income broadband and phone services

The Supreme Court building in Washington, D.C.
(Adobe Stock photo)

The U.S. Supreme Court seems likely to approve continued funding for an $8 billion program for broadband and phone service maintenance and expansion in rural and poor parts of the U.S., reports Mark Sherman of The Associated Press. In what is considered a "new test of federal regulatory power," justices are "reviewing an appellate ruling that struck down as unconstitutional the Universal Service Fund, the tax that has been added to phone bills for nearly 30 years."

of CNN reports, "A conservative 'consumer awareness group' challenged [USF] as an unconstitutional 'delegation' of the power of Congress to levy taxes. What’s worse, the group argues, a private entity calculates the amount of money that must be contributed. . . . .The Supreme Court has not invoked the non-delegation doctrine – or the idea that Congress cannot delegate its authority – since the 1930s. It has, for decades, permitted delegations under certain conditions."

The court seem sympathetic to communities that receive USF dollars. Sherman reports, "Liberal and conservative justices alike said they were concerned about the potentially devastating consequences of eliminating the fund that has benefited tens of millions of Americans."

Should the conservative-led court uphold USF funding, the ruling will be a departure from its ongoing efforts to "rein in" federal agencies, Sherman writes. "The Trump administration, which has moved aggressively to curtail administrative agencies in other areas, is defending the FCC program."

Consumer Research calls USF "a 'nightmare scenario' in which Congress has set no limits on how much the FCC can raise to fund the program," Sherman reports. “'Predictably, the USF tax rate has skyrocketed. It was under 4% in 1998 but now approaches 37%,' lawyers for the group wrote."

Congress established the Universal Service Fund in 1996. "Telecommunications companies contribute billions to that fund – a cost that is passed on to consumers – to pay for programs like E-Rate, which lowers the cost of high-speed internet for libraries and schools."

The court's decision is expected in June.

Friday, August 16, 2024

A small town in Texas addresses domestic violence with combined efforts from police, courts and local businesses

The End Domestic Violence Task Force was recognized by the
Rural Justice Collaborative in 2023. (Photo via RHIhub)

The rural community of Kingsville, Texas, developed a task force of combined support from law enforcement, courts and local businesses to help domestic violence victims safely ask for and receive help. The initiative began when "pastors in the Kingsville Ministerial Alliance realized that there were gaps in services and a lack of support for agencies working with victims of abuse," reports Gretel Kaufman for Rural Health Information Hub. "The nearest shelter, operated by regional domestic violence organization The Purple Door, was 50 miles from Kingsville — a distance that proved prohibitive for people without transportation, or whose jobs or school-aged children required them to stay closer to home."

Although domestic violence isn't necessarily an urban or rural problem, rural victims face more challenges in accessing immediate help and ongoing support. "Rates of emergency department visits due to abuse tend to be higher in rural areas — perhaps, experts suggest, because rural survivors tend to have fewer resources available to them to prevent or escape an abusive situation," Kaufman explains. "In some cases, violence escalates beyond hospitalization: homicide due to intimate partner violence is also more prevalent in rural areas, studies have shown."

Once the Kingsville Ministerial Alliance identified the town's resource gaps, it contacted community partners for additional support, "local agencies including The Purple Door, law enforcement, and the county attorney's office came together to form the End Domestic Violence Task Force," Kaufman reports. "A community-wide initiative that provides enhanced support for domestic violence survivors and spreads public awareness of the issue." Kathy Kimball, who serves as President of the task force, told Kaufman, "We are not immune [from domestic violence] being in a small Texas town."

The Task Force also has small business partners, which provide a place for victims to ask for help. "An estimated 15 to 20 businesses and organizations in the community have been designated as 'Trusted Locations' — places where a person experiencing domestic violence can go to confide in someone and learn about their options," Kaufman writes. "To signal that they are a Trusted Location, businesses will typically display a small sticker on their door or in a more discreet location inside."

Additional supportive measures the community's task force has developed include hotel vouchers and court accompaniment options. The task force "asks that anybody who utilizes the hotel voucher program then gets in touch with an advocate at the Purple Door for an explanation of available services," Kaufman reports. "Any person who opts into the court accompaniment program can have a group of task force members sit behind them, on their side of the courtroom, during protective order hearings."

Tuesday, August 06, 2024

Kansas police chief expected to be charged for his role in controversial raid on community newspaper

A police chief who led the controversial raid on a Kansas community newspaper will face a charge of obstructing justice, according to a report by John Hanna of The Associated Press.

Two prosecutors had been investigating the raid at the request of the state attorney general, and they released a report Monday outlining the police chief’s alleged misconduct.

According to Hanna, “Prosecutors Marc Bennett and Barry Wilkerson concluded in their 124-page report that the staff at the Marion County Record committed no crimes before former Marion Police Chief Gideon Cody led a raid on its offices and the home of its publisher. They said police warrants signed by a judge to allow the searches contained inaccurate information from an ‘inadequate investigation’ and that the searches were not legally justified.”

The AP reported that, “Police body camera footage of the 2023 raid on Publisher Eric Meyer’s home shows his 98-year-old mother, Joan Meyer, visibly upset and telling officers, ‘Get out of my house!’ She co-owned the paper, lived with her son and died of a heart attack the next afternoon.”

Hanna wrote, “Prosecutors . . . allege Cody obstructed an official judicial process in the weeks after the raid. He resigned as chief last October.”

Eric Meyer, who will be honored on Oct. 10 at the Institute for Rural Journalism’s Al Smith Awards Dinner in Lexington, Ky., told the AP that “he’s grateful prosecutors found that the newspaper’s staff committed no crimes, though he questioned why it took them a full year. He also expressed frustration that Cody is the only official expected to face criminal prosecution.

“The newspaper’s parent company, Meyer and three current or former staffers have filed federal lawsuits against the city of Marion and current and former local officials, including Cody,” Hanna reported.

Tuesday, July 09, 2024

One lawsuit over the Marion County newspaper raid settled for $235,000, but more claims are pending

Marion County Record raid, Gruver's desk at bottom right
(Screen capture of surveillance video via Kansas Reflector)
It has been almost a year since the Marion County Record was raided by police supposedly investigating charges of identity theft and illegal use of a computer by the Kansas weekly newspaper. In the process of confiscating newsroom property, the city's chief of police, Gideon Cody, injured Record reporter Deb Gruver's hand while "forcibly obtaining her personal cellphone," reports Emmett Lindner of The New York Times. "Gruver has reached a $235,000 settlement as part of a lawsuit she filed over the search, which set off a national discussion about press freedoms."

Gruver, who resigned from the paper after the raid, "said in a letter to the editor that she 'no longer wanted to work in a town where the majority of leaders clearly don’t respect the Fourth Estate or the U.S. Constitution,” The Record reported.

Another lawsuit, filed by the Record's publisher, Eric Meyer, alleges that the raid, which included "seven law enforcement officials spending more than two hours in Meyer’s residence, where his mother was at the time" contributed to her death the next day, Linder reports. Four other Record employees also have suits pending.

While Gruver's settlement ends one chapter of the raid's fallout, the entire investigation and the later reversal of the authorized searches that allowed it are still more broadly worrisome, particularly for smaller newspapers that investigate local authorities. Linder explains, "Less than a week after the raid, Marion County’s top prosecutor, Joel Ensey, ordered officials to return the seized devices because there was insufficient evidence to justify the searches. . . .The raid also came after The Record had questioned Cody about his departure from the Kansas City Police Department, following accusations that he had made sexist and insulting comments."

The raid didn't just have negative outcomes; there was also a silver lining. Meyer told Linder, "One of the things that we’ve seen out of this is that the people who have responded to us have come from across the political spectrum. There aren’t too many things in this world right now that bring Democrats and Republicans together.”

Tuesday, July 02, 2024

Opinion: Indictments aren't enough to account for law enforcement's 'epic' failures at Uvalde school shooting

Teachers and students followed active shooter survival steps.
Law officers did not. (Adobe Stock photo)
On May 24, 2022, Salvador Ramos, 18, entered Robb Elementary School with his AR-15-style rifle and started looking for victims. When shots rang out from his gun, teachers and students implemented their live shooter training. The Uvalde, Texas, police arrived at the scene within five minutes of the first 911 call, but they did not enter the building. In the 77 minutes it took for police to breach classroom 112, 19 children and two teachers were shot dead.

Last week a grand jury indicted former Uvalde Consolidated Independent School District Police Chief Pete Arredondo and former school police officer Adrian Gonzales on criminal charges for failing to protect the victims, but many Uvalde residents feel the indictments fail to hold the larger law enforcement community accountable, writes Neil Sturdevant in his commentary for the Uvalde Leader-News. "Perhaps to some, the 29 felony indictments for child endangerment/abandonment feel like justice served, but we think otherwise. Other officers, especially those in leadership positions who failed to intervene. . . should not walk away without consequences."

Arredondo served as the "de facto on-scene commander," as concluded in the 575-page Department of Justice report released last January. "The veteran officer bore direct responsibility to protect life on the Robb campus," Sturdevant explains. But his mistakes multiplied the victims. He treated the shooter as though he was a "barricaded suspect" instead of an active shooter in a school filled with young pupils. 

Gonzales was the "first on the scene and was able to quickly identify the classroom where the carnage was unfolding. . . and yet he did not approach the classroom," Sturdevant writes. "Gonzales had undergone active shooter training and taught the course earlier that year." But Arredondo and Gonzales weren't the only officers who abandoned students and teachers. Four other officers actively delayed intervention, which allowed more children to be shot or bleed to death while they waited for help.

"We wonder how evidence presented to grand jurors failed to illicit similar indictments for [those other] men," Sturdevant asks. "The same can be said for members of the Uvalde Police Department, elite Texas Rangers and state police who milled in the Robb hallway during the rampage killing. . . . Now two men stand alone as the sole source of blame for one of the most incompetent police responses in U.S. history."

"How does Uvalde district attorney Christina Michell look families in the eye and say this is a good deal? Mountains of evidence outlined a failure of epic proportions," Sturdevant writes. "The children and teachers who were carried, limped or dragged from their classrooms. . .were clearly abandoned by police. Now our criminal justice system has failed to right those grievous wrongs."

Supreme Court blocks Purdue Pharma opioid settlement; agreement 'broke a basic tenet of bankruptcy law'

OxyContin's success made the Sacklers billionaires
and sparked the U.S. opioid crisis. (A.S. photo)
The U.S. Supreme Court rejected the Purdue Pharma opioid bankruptcy agreement that would have safeguarded Sackler family members from civil liability suits related to the opioid crisis.

"In a 5-to-4 decision, the justices found that the deal, carefully negotiated over years with states, tribes, local governments and individuals, had broken a basic tenet of bankruptcy law by shielding members of the Sackler family from lawsuits without the consent of those who might sue," reports Abbie Van Sickle of the New York Times. Purdue Pharma, which was owned by the Sackler family who developed and marketed the prescription painkiller OxyContin, is "largely considered to have ignited the [opioid] crisis."

Meanwhile, there are more than 100,000 opioid victim families waiting for financial restitution from Purdue Pharma. For some, the ruling is considered a setback. Other family members welcomed the decision. Van Sickle writes, "Although most creditors who voted on the proposed plan supported it, Justice Gorsuch wrote, 'fewer than 20 percent of eligible creditors participated' and 'thousands of opioid victims voted against the plan, too, and many pleaded with the bankruptcy court not to wipe out their claims against the Sacklers without their consent.'"

As Van Sickle reports, the court's majority "homed in on the method the Sacklers used to insulate themselves from opioid-related lawsuits, finding that a third party could not use the bankruptcy system to shield themselves from litigation, binding others without their consent. . . . This approach, Justice Gorsuch wrote, allowed them to win relief 'without securing the consent of those affected or placing anything approaching their total assets on the table for their creditors.'"

The proposed deal would have required the Sacklers to pay up to $6 billion over 18 years, but its building blocks demonstrate the tightrope negotiators are trying to walk between getting family members, states and tribes money now, even if the agreement shielded the Sacklers' personal wealth. "In a strongly worded dissent, Justice Brett M. Kavanaugh, "warned of the consequences for the tens of thousands of families seeking compensation," Van Sickle reports. "Justice Kavanaugh wrote that upending the settlement to prevent the Sacklers from escaping future litigation would only add to the pain of opioid victims and their families."

Within the deal's bankruptcy reorganization, Purdue Pharma "would become a 'public benefit' company with a mission focused on opioid education and abatement," Van Sickle reports. "The company, with the help of the Sacklers’ planned contributions, offered individual victims payments from a base amount of $3,500 up to a ceiling of $48,000." Purdue Pharma has committed to working toward a new settlement deal.

Tuesday, April 23, 2024

Could sleeping in a public park be a crime? A decision about the nation's homelessness crisis goes to the Supreme Court

The Grants Pass decision could change how homelessness
is handled by communities. (Adobe Stock photo)
As the number of homeless people in the U.S. continues to climb, many communities face conflicts over homeless campers and encampments. The rural town of Grants Pass, Oregon, "has become the unlikely face of the nation's homelessness crisis," reports Claire Rush of The Associated Press. The fate of the town's anti-camping laws is in the hands of the U.S. Supreme Court, which heard the case on April 22. 

Grants Pass, like many communities, has "struggled for years with a burgeoning homeless population. A decade ago, City Council members discussed how to make it 'uncomfortable enough. . . in our city so they will want to move on down the road,'" Rush explains. "From 2013 to 2018, the city issued 500 citations for camping or sleeping in public, including in vehicles, with fines that could reach hundreds of dollars."

The Supreme Court's decision hinges on their review of a 2018 decision by the 9th U.S. Circuit Court of Appeals, which blocked anti-camping laws for individuals as violations of the Eighth Amendment's ban on "cruel and unusual punishment." Rush reports, "Officials across the political spectrum — from Democratic Gov. Gavin Newsom in California, which has nearly 30% of the nation's homeless population, to a group of 22 conservative-led states — have filed briefs in the case, saying lower court rulings have hamstrung their ability to deal with encampments."

Homeless people and advocates insist that more housing is the answer to homelessness, not citations and punitive actions. "Civil rights groups and attorneys for the homeless residents who challenged the restrictions in 2018 insist people shouldn't be punished for lacking housing," Rush explains. "Grants Pass has just one overnight shelter for adults, the Gospel Rescue Mission. It has 138 beds, but rules including attendance at daily Christian services, no alcohol, drugs or smoking and no pets mean many won't stay there."

At the heart of the problem in Grants Pass is the encampments found along the town's scenic public parks that frame the Rogue River. "They host everything from annual boat-racing festivals to Easter egg hunts and summer concerts," Rush reports. "They're also the sites of encampments blighted by illegal drug use and crime, including a shooting at a park last year that left one person dead."

For details on the case's oral arguments, click here and here. The Supreme Court's decision is expected by the end of June.

Friday, March 22, 2024

California prosecutors charge fentanyl suppliers with murder. The legally unsettled approach is catching on.

Prosecutors in California are forging a path to make fentanyl dealers accountable for their part in overdose deaths by filing homicide charges against them. In Riverside County, California, county district attorney Mike Hestrin "has charged 34 suspected fentanyl suppliers with murder and is said to be the first prosecutor in California to achieve a guilty verdict from a jury in a fentanyl-related homicide trial," reports Michael Corkery of The New York Times. Some critics fault the prosecution of street dealers "as a misguided return to the aggressive approaches of the 1990s, which failed to curb drug use and swelled state prison populations."

But even in boldly liberal parts of the state, murder investigations of fentanyl overdoses are being used to discourage fentanyl sales and provide some level of justice for families. Corkery writes, "Some other counties — like San Diego and Placer, near Sacramento — that have also brought murder charges against fentanyl suppliers have sizable numbers of conservative-minded voters who tend to favor more punitive approaches to crime." Even in San Francisco, the district attorney's office is planning to prosecute fentanyl dealers for overdose deaths.

While prosecutors pursue murder charges against fentanyl dealers, their cases are on murky legal ground. "Prosecutors have been working around the fact that California does not have a law that specifically allows fentanyl deaths to be charged as murders," Corkery explains. 

Defense attorneys have responded to the prosecutions as "overbroad and unconstitutional," Corkery reports. But their complaints are being drowned out. "Parents whose children died from fentanyl are a driving force behind new laws and stepped-up prosecutions just as the parents of drunken-driving victims swayed the nation to crack down on alcohol-fueled traffic deaths decades ago."

To read more on how California prosecutors are using the Watson murder rule to prosecute fentanyl suppliers, click here. 

Drug Enforcement Administration statistics draw a startling picture of fentanyl's lethal power: It is the leading cause of death for Americans ages 18 to 45, and it's responsible for nearly 70 percent of the United States' 107,000+ drug overdose deaths in the past year. A educational warning video is shared below.