24 Burst results for "Oklahoma Supreme Court"
"oklahoma supreme court" Discussed on Opening Arguments
"Future elections against future interference and attempts to overthrow it, which judge jukin agrees is a legitimate purpose of Congress, then yeah, they do need access to those records. So the Burton shifts to Congress to justify, hey, look, we're not just asking for stuff that will embarrass you. We're saying we have a legitimate legislative purpose. We need access to that in order to know. You need to know where the points of failure were in order to know how to craft future legislation. So that's where we stand. Hopefully we'll get it. Hey, just a quick update to this segment after our record late in the day on Thursday, the D.C. circuit Court of Appeals did in fact grant the administrative hold that I talked about. A little bit surprised about that because the arguments are so weak, but again, administrative stays are granted as a matter of course. That includes oral argument will now be November 30th before the D.C. circuit Court of Appeals. So we will not be getting those documents tomorrow, but it is headed along expeditiously. Oh, no social this firm has ever failed the bar exam. No kidding. And now it's time for T three BE the bar exam so difficult to even Andrew Torres gets it wrong on occasion. So Thomas, on January 1, a man offered to sell his neighbor, his lawnmower for $400. The neighbor was considering whether to purchase the lawn mower. The neighbor said to the man, I can not decide whether I want to buy your lawn mower. If I pay you $10, will you leave the offer open until January 5th? May agree to leave the offer open until January 5th and the neighbor paid the man $10. On January 2, the neighbor told the man, I reject your offer. The man did not take any steps in reliance on the neighbor's rejection. On January 3, the neighbor told the man, I accept your offer. Is there a contract between the neighbor of the man? Love this question. A, no, because the January 3rd statement constituted a counter offer. B no, because $10 is not considered to be adequate consideration to hold open an offer. C yes, because the man did not take any steps in reliance on the neighbor's January 2 rejection and the neighbor accepted prior the prior the offer prior to the January 5th deadline, or D, yes, because an option contract can always be accepted during the time period that the offer is held open. Gosh, what a tough love it. I do love this question. I also want to note that Andrew tried to send me a question that had the correct answer highlighted. And I said, no. And I made him do a whole new question of the game. I'm not going to take any freebies. I want to earn my sub 50% score that I'm going to have soon. Okay, let's go through the answers and I'll talk about it. So basically, just to re summarize, guys got like an offer on the table for lawn mower for 400 if he decides by oh, so there's no deadline on the seller's side. He's just offering him it in the neighbor's like, oh, don't sell it to anyone else essentially. Leave it open until January 5th. He says I reject your offer the man didn't take any steps and reliance on the name of rejection. January 3rd, the neighbor told the man I accept your offer. Okay. Is there a contract between the neighborhood? So it's interesting to say, is there a contract? That's a weird way to ask it. I was thinking it's gonna be like can the man buy the lawnmower? But, okay, let's see. A, no, because the January 3 statement constituted a counter offer, a counter offer. Well, that's weird. Okay, so January on January 2nd, the neighbor told the man I reject your offer. On January 3rd the neighbor told the man I accept your offer. So a is saying the January 3rd statement constituted a counter offer. That doesn't make any none of that makes any sense to me. I'm eliminating if it's a, I'm just not going to ever be a lawyer because that makes no sense. I don't know what that means. Constituted a counter offer. No, I don't get it. B, no, because $10 is not considered to be adequate consideration to hold open an offer. I don't think that's true. I feel like, you know, you're just holding open, you're just not selling it. $10 on a $400 purchase to kind of leave it open for four days. It doesn't seem like so inadequate as to not even be doable. I don't know, nothing. I'm eliminating a and B, which is weird. So I'm going with a yes answer, I guess, by that. And we'll just have to see which one. See, yes, because the man did not take any steps in reliance on the neighbor's January 2nd rejection and the neighbor accepted the offer prior to the January 5th deadline. Strong contender there. Okay, is it still a contract because he didn't take any steps? So that suggests that the January 2nd saying I reject your offer, would have negated the contract except that the guy didn't take any steps based on that. It's not like he went and said, oh, okay, I'll go resell it. Or is it yes because D yes because an option contract can always be accepted during the time period that the offer is held open. And here's the thing, I'm kind of leaning toward D because January 2nd, I reject your offer. Well, really, any day that he doesn't take the offer. He's kind of rejecting the offer. When you think of it like that, you know, on one hand, you think, oh, he's closing the contract. He's saying never mind. Don't need it, or I mean, every day that he doesn't purchase it between January 1st and January 5th. Every day that he doesn't purchase it. He's essentially rejecting the offer. So does it really is it really any different than that? Is January 2nd him saying I reject your offer any different than January 2nd..
"oklahoma supreme court" Discussed on Opening Arguments
"My case. You rest your case. What? No, I thought that was just a figure of speech. Case closed. Time for our main story. This was another one of those things where I see the headline and I think I need Andrew to tell me what's going on here. The Oklahoma Supreme Court overturned the verdict against Purdue pharma regarding the opioid epidemic. This seems like awful news. Is it awful news? This is one where all the outreach you've read on left wing Twitter is 100% correct in this case. This is a terrible verdict off of an already whittled down trial verdict and I'm gonna walk you through it kind of quickly, but this is just a giveaway to Johnson & Johnson. And the Supreme Court's ruling is essentially phrase that way. I'm going to walk you through some of it. So the key legal issue here is the issue over what counts as a public nuisance. At the trial court, the trial court decided that yes, the attorney general of Oklahoma could proceed against Johnson & Johnson and by the way, Purdue pharma, Teva pharmaceuticals, a bunch of other companies which settled out. But Johnson & Johnson opted to litigate this case to a verdict. And this was a bench trial before judge tad balkman. In district court, Cleveland county, Oklahoma. So what is a public nuisance? A nuisance is doing an act or omitting a duty, which act or emission either and here I'm reading from the Oklahoma statute, which is 50 Oklahoma statutes one. A noise injures or endangers the comfort repose health or safety of others, offends decency, unlawfully interferes with obstructs or tends to obstruct or renders dangerous for passage any Lake or navigable river stream canal or based on or any public park street square or highway, or and this is the critical part. In any way renders other persons insecure in life or in the use of property. And then there's an amendment from the 1800s. I could not make this up if I tried that says provided this section shall not apply to preexisting agricultural activities. There is a 134 minute deep dive that I could give you on the significance of this agricultural amendment to the Oklahoma. But not today. So basically, like a public nuisance is whenever something is happening that interferes with the rights of the public. And if you're thinking, that seems pretty broad, yeah, it is really broad. And so lots of disparate things have been considered kind of classic public nuisances, right? And skipping ahead, the remedy you get if you bring an action for a public nuisance, the remedy you get is abatement. That is clean up or stop the activity that's preventing people from enjoying their liberty or their property. So this has been things like health hazards and pollution, trash piling up in neighborhoods. Yeah, the plot of every cartoon in the 90s. The planet. It can also be used right against outdoor concerts for the lights and noises. And even and this has been an increasing area of public nuisance doctrine for criminal activity, gang activity, right? Like when you kind of can't figure out at a level beyond a reasonable doubt who all is involved in what the local police are calling a gang, there have been multiple successful efforts, including in Oklahoma, where the attorney general or some other public official will come in and say, you know, we want what's going on here, which includes hanging out on X street corner and doing this and doing that and doing a declared a public nuisance and we want injunctive relief that will stop that so that then people can come back and reclaim their neighborhood. And I'm not trying to downplay aggressive and gang in criminal behavior, although I'm also very cognizant of the tremendous amount of racial bias that tends to go into those decisions both prosecutorial and civil. But okay, so that's a public nuisance. If you're thinking, is manufacturing and selling and marketing opioids, a public nuisance, you know, that the answer is probably a good solid maybe, right? Like it is, this seems like a pretty loose kind of tort, the plain language of the statute says that it consists of something that in any way renders persons in securing life or the use of property. Getting a state country hooked on illegal painkillers. Certainly seems to fit that category, right? So, you know, I want to acknowledge that applying that designation to the opioid crisis was, although it was novel, right? There have been a great many number of novel expansions of the public nuisance doctrine. The first case to apply that to pollution was a novel expansion of the public nuisance doctrine. It seems like with definition of a public nuisance, though. Yeah. That's right. And so bench trial 2019 before judge bachmann, and he ruled that it was, in fact, a public nuisance required Johnson & Johnson the sole remaining defendant to clean it up at a cost of $572 million. Now, $572 million on the one hand is a lot of money. But on the other hand, yeah, the state attorney general Mike hunter sought $17 billion, which seems more in line with what you might need to abate the effects of the opioid crisis. And the reason that it got whittled down, it is just a couple percent of the actual of the top line value sought is because the court only awarded one year of the abatement plan. It said the evidence that you've introduced convinces us that it would be an appropriate abatement to require. And it goes on for 12 and a half pages. The following things to be done, but that would all be done in one year. And that totaled $572 million. So and I will point out if you're asking, is this Johnson & Johnson getting off lightly? Their stock went up 4% the data verdict came out. So, you know, infer what you will. I will tell you investors said, oh, we thought it was going to be larger than this. The investors were like, I like the fundamentals of this stock. The fundamentals like not having to pay back people for ruining everybody's lives. Yeah, good technicals on that stuff. So that is what was just overturned by the Oklahoma state Supreme Court. And again, you haven't asked the question, but I know you've teed it up for our listeners. There's no appeal from this case. There is no. Because it's Oklahoma Supreme Court? Yep. This is a question of how to interpret the Oklahoma statute 50.1 sec. And there's no higher source than the Oklahoma state Supreme Court. So this is it. This is the law of the land in Oklahoma until you get a new Supreme Court in there to overturn this decision. What? This is terrible. It is. And it gets worse. As you read this opinion, we're going to link it in the show notes. I recommend reading the opinion. It's 28 pages long. It's not hard to read. And you get into page three, right? But it is the first analytical page after the captions. Because the captions go on for the first two pages. And it is a love letter to the opioid industry. Oh my God. Let me read some of this, right? An opioid drug epidemic exists in the United States. Blah blah blah. What we can not ignore is that improper use of prescription opioids led to many of these deaths, few deaths occurred when individuals used pharmaceutical opioids as prescribed..
"oklahoma supreme court" Discussed on Opening Arguments
"I can't wait. Down. Down. So Andrew, we've got a very key, very notable sentencing in the one 6 insurrection. Why don't you tell us about it? Yeah, this is Scott Kevin fairland. The bearded MMA doodle, although his defense counsel points out, he did one MMA fight. And I gotta be more specific, though. I feel like that's most of them are like I'm a bearded MMA dude that's my thing. It really is. He's the guy who stole the police baton later punched a cop in the face. I mean, he, because he's an idiot, punched him in that lexan face shield. So, you know, the cop wasn't hurt, but not because farlam wasn't trying. He's like, well, in my numerous MMA fights, they don't usually have a mask in front of their face. I wasn't ready for that. Right. This is directly from his plea agreement. After arriving on capital grounds, climbed the scaffolding on the west terrace, where he recorded and posted a video to Instagram in which he stated, we ain't F ing leaving either. We ain't effing leaving. What do patriots do? We effing disarm them, and then we storm the effing capital. He then carried the police baton that he stole illegally entered the building past broken glass once he exited fairly inserted himself into a line of metro police officers where he then shoved and punched an officer. So this is the first person in connection with the insurrection to be sentenced after pleading agreeing to a plea of guilty for there were two charges, obstruction of an official proceeding. That's what everybody gets. And assaulting resisting or impeding certain officers. So this is the first combination of being a part of the insurrection, right? Which everybody gets. And which, if that's all, if you did not breach the Senate floor, if all you are charged with is obstruction of an official proceeding so far, that has been, you get probation. Yeah, we got a deal on insurrections. Get out of jail, I guess. We have, I see your point. Actually, I think it's not a bad point, but still. Yes. I agree. The joke is recognized, okay. This is going to set the benchmark for if you were there and you were violent. So the prosecution asked for 44 months. And that is, again, federal court, two federal offenses, sentencing guidelines range, 41 to 51 months. So 44 right smack dab in the middle of that sentencing recommendation. The defense asked for 11 months, which would be time served. Ben held since being arrested. Oh, yeah. Judge Royce lamberth imposed a sentence of 41 months, three and a half years. Followed by three years of supervised release and $2000 in restitution. That is a little bit disappointing because one of the things that was explicitly in the sentencing memorandum is of course this asshole, crowdfunded, $30,000 for his defense. And the prosecution specifically introduced that into evidence and said, look, this guy raised $30,000 on the basis of this. You should impose a separate special of at least $30,000. And judge Lambert declined to do that. Restitution is not the same as a penalty restitution is repairing the damage that you call. How much is our democracy worth? Can we get an appraisal on our democracy? You know, they could be like, what's the square footage on this democracy? How many floors does it have a pool? And then divide up that amount by the number of people that were involved in the insurrection and then maybe that's the restitution? That's not a that is not a bad approach. But look, I want to tell you a couple really, really significant things about this. And the first is, it's judge Lambert. You may have heard us talk about judge lambeth. I have lost a case in front of judge Lambert. He is the most conservative pre Trump appointee on the U.S. district court for the District of Columbia. So it's like a hippie by today's standards. He is incredibly right wing. He is perhaps the only judge in the history of ever who has occasionally not often but occasionally ruled in favor of Larry Clayman in his billion different lawsuits about Hillary Clinton. At some point, Hillary Clinton just started responding to Larry klayman lawsuits with like, you know, no. And at one point, judge, you know, judge lambeth was like no, you really, you've got to take this seriously and produce these documents. And Hillary Clinton's argument, which would have carried the day in Mike courtroom, is this is Larry Clayman, right? He's an idiot who has no idea and is doing this just to harass me. See these other 74 lawsuits. Yeah. And judge Lambert was like, right, but I'm going to allow it. Right. So this is he is a very, very right wing judge. And that is significant, because he has said things that would otherwise indicate some level of potential sympathy with Trump supporters and their views. So I think that's significant, right? I think if this had been in front of barrel Howell, for example, she definitely would have imposed the $30,000 fine in addition to in addition to everything. The second thing is this now becomes the third judge in DDC to emphasize the we're getting played aspect of this as all of these insurrectionists come in, cry crocodile tears..
"oklahoma supreme court" Discussed on Opening Arguments
"Slash vulgarity, FOR charity, but it'll be easier just click on the link in the show notes. And find out the rules there, participate. It's always a lot of fun. You end up getting Andrew and I to roast people you want us to roast and it's all in the name of a great cause, which is the modest needs, charity. So it's really good stuff. Check it out. This year we have a donor and anonymous donor who is matching the first 100,000. Yeah. That is amazing. Well, that's cool. Wow. I don't know what to say, anonymous donor. Yeah. That is pretty spectacular. All right, big announcement that we somehow didn't already say. You know, we're due for a lot awful movies. And we decided to call an audible. As you've referenced Omaha, another audible. And we're gonna do lot awful murders instead. And that murderer, in my opinion, this is the opinion of Tom Smith, the not the opinion of the show. I don't know. Is that opinion of the show? Okay, this is merely the opinion of the show. A lot awful murders. There is so much stuff and this trial, I mean, again, it's out there. We can actually cover it. We can actually analyze some of these key moments that people are latching onto one way or the other. We got the rittenhouse testimony and we got the little things that are happening. And we figured that would be a great use of lot awful movies for this month. So we're going to do a lot off of murders, covering the Kyle rittenhouse trial, probably playing clips, and get Andrews analysis of what's going on, maybe get his predictions, get his feelings. I can't wait. It's going to be really fascinating to go through that. So that'll be the next lamb. That'll be this month's lamb, and that'll be out probably early next week. So it's a good time to hop on Patreon dot com slash law because you want to be on the lookout for that. A lot of the Kyle rittenhouse.
Oklahoma court overturns $465M opioid ruling against J&J
"The four hundred and sixty five million dollar opioid ruling against J. and J. has been overturned the Oklahoma Supreme Court has overturned a four hundred and sixty five million dollar opioid ruling against drug maker Johnson and Johnson finding that a lower court wrongly interpreted the state's public nuisance law the court ruled in a five one decision that the District Court in twenty nineteen was wrong to find that the New Jersey based J. and J. and its Belgium based subsidiary violated the state's public nuisance statute the High Court said the question is whether the company's marketing and sale of opioids created a public nuisance but that it was not minimizing the suffering of thousands of Oklahomans because of opioids I usually after
"oklahoma supreme court" Discussed on The Oklahoma Observercast
"Some of the breakthrough in section and that will also help slow them the spread or or those that would be caught up in contact tracing and quarantine. i think we will eventually see The work of these clams in how the federal dollars relief dollars are going to be spent executed in a way that is going to benefit students But we do have to be patient remembering that education is a marathon not a sprint and I also do believe we will see some change in the statute whether that is Stricken in court or an emergency stay through the oklahoma supreme court or by the time session starts. There may even be an appetite to change that. I will say that that law was passed at a time where it did seen we had turned a corner and things were getting very ill looking much room here. so i. I don't know what that will look like in the next legislative session that's Something that legislators do. And and i know they are watching and following this but we will stay tuned for what occurs with the hearing and that will i think direct and guide our next steps as we do our part to champion the safety of our children protective civil rights and see them have an opportunity for in person instruction in a more safe. I don't have anything else to go on for. That was a great The kota so nation to where we are. And and i would imagine that we may have a few more sort of conversations that head down this path somewhere down the line but hopefully it boom discussed with a more positive and.
"oklahoma supreme court" Discussed on AP News
"In this country today has more significance than ever amid the protest against the police killings of blacks in this country the Oklahoma Supreme Court dismisses a request to require everyone attending president trump's rally in Tulsa tomorrow to wear a facemask and maintain social distancing inside the arena in order to guard against the spread of the corona virus the state justices saying the two local citizens who asked for the ruling failed to establish they have a clear legal right to make their challenge White House press secretary Kayleigh McEnany says she won't wear a mask tomorrow it's a personal decision I'm tested regularly I feel that it's safe for me not to be wearing a mask and I'm in compliance with CDC guidelines which are recommended but not required in a fundraising email to supporters president trump frames a pandemic in an us versus them scenario writing they hate me they hate you they hate rallies and it's all because they hate the idea of making America great again the mayor of Tulsa rolls back a curfew first asked for by the secret service for the area around the arena local officials say there could be one hundred thousand people in that area tomorrow raising concerns about public so D. as well as the spread of the corona virus this is a P. news the navy up holds of firing a captain Brad crozier the skipper of the aircraft carrier teddy Roosevelt who urged faster action to protect his group in the corona virus outbreak admiral Michael Gilday the chief of naval operations says both crozier and the one star admiral on board rear admiral Stewart Baker made serious errors in judgment during the crisis both failed to tackle the problem head on into take charge and then a number of instances they placed crew comfort in front of crew safety ultimately they were driven by the problem instead of driving decisions based on the findings crozier and Baker would be able to remain in the navy and move on to other jobs at their current rank Gilday says crozier will never be eligible to command again I'm to acquire AP news corona virus update I'm Tim acquire within AP news minute the Oklahoma Supreme Court says those who will be at tomorrow's trump rally in Tulsa are not required to wear a facemask to practice social distancing officials expect along with the nineteen thousand cramming into the B. okay center upwards of one hundred thousand people around the center it what the trump campaign calls a festival also is currently the corona virus hot spot in Oklahoma White House press secretary Kaylee McEntee says she won't be wearing a mask tomorrow it's a personal decision I'm tested regularly I feel that it's safe for me not to be wearing a mask and I'm in compliance with CDC guidelines which are recommended but not required Johns Hopkins is nearly one hundred nineteen thousand people have died in the pandemic in this country out of the two point two million confirmed cases more than four hundred fifty seven thousand people have died around the world all those figures are thought less than the actual numbers I'm Tim acquire AP news I'm Tim acquired June thirteenth June nineteenth the end of slavery in this country at today's Juneteenth freedom day rally in New York Brooklyn borough president Eric Adams told the crowd this is not just one simple the most common in this country California democratic congresswoman Karen bass the chair of the congressional black caucus says Juneteenth should be a national holiday so everyone can learn the history of blacks in this nation I think they would have a deeper understanding of the the phrase black lives matter because for two hundred and fifty six years and one could argue up until today black lives did not matter in this country the latest AP poll finds most people agree with the protest against police brutality and racism here's ed Donahue a new A. P. N. O. R. C. poll shows more than half the people asked to approve of the protests over the deaths of George Floyd ray shard Brooks and others involving white police officers more Americans think the protest will mostly change the country for the better than bring about negative change a majority think law enforcement officers have generally responded to the protest appropriately somewhat fewer say they used excessive force about eight in ten black Americans say they approve of the protests about half of white Americans approve I met Donahue protesters in Portland Oregon pulled down the statue of George Washington demonstrators place a sticker on the head of the statue that read you are on native land and also spray painted the pedestal wall street's placed a sticker on the head of the statue that read you are on native land and also spray painted the pedestal Wall Street ends the week with a wobbly session Dow drop two hundred eight points while the nasdaq gained three the S. and P. was off seventeen this is a P. news has president trump resumes is big campaign rallies despite warnings by health officials about the chances of the corona virus spreading into and from the crowd that seems to be part of a political strategy turning the pandemic into a political us versus them scenario in the campaign fundraising email trump writes they hate me they hate you they hate rallies and it's all because they hate the idea of making America great it again the World Health Organization says about one hundred fifty thousand people a day are infected with the corona virus happened those in North America South America and Central America Johns Hopkins University reports that more than one hundred eighteen thousand people have died of the virus in the U. S. New York state the hardest hit turns a corner governor Andrew Cuomo over the past three months we have done the impossible Cuomo says health officials across the state or watching for a possible second wave and people bringing the virus into New York I'm timid wire AP news coronavirus update I'm timid wire with an AP news minute in a recent fundraising email president trump frames the conversation over the corona virus pandemic as us verses them in the mailing the president writes they hate me they hate you they hate rallies and it's all because they hate the idea of making America great again he holds the first of his campaign rally since March in Tulsa Oklahoma tomorrow night despite increased coronavirus cases in Oklahoma and especially in Tulsa White House press secretary Kayleigh McEnany tells reporters that the mayor has also declared a curfew in the area around the arena where trump will speak as the mayor mayor Bynum and noted on individuals from organized groups who have been involved in destructive and violent behavior in other states are planning to travel to the city of Tulsa many of the early arrivals camping outside the arena say they will not wear masks or take other steps to reduce the chances of contracting the corona virus I'm timid wire AP news for Friday June nineteenth hi Tim McGuire.
"oklahoma supreme court" Discussed on News-Talk 1400 The Patriot
"Is a rally with thousands of supporters tonight despite concerns over recent spike in coronavirus cases White House correspondent Greg Clugston will be traveling with the president has report for Oklahoma has seen a rise in the number of covered nineteen cases but that won't stop the president from holding one of his trademark rallies vice president pence says safety measures are being taken in Tulsa who have measures in place to to be screening people coming in to the facilities attendees will have their temperatures checked and will be given face masks and hand sanitizer the president tweeted about the big crowds and lines already forming and says his reelection campaign starts on Saturday night Greg Clugston Washington former trump presidential adviser in Salem talk show host Dr Sebastian Gorka tells us that the presumed health objections to the president's rally or really all contrived of course it's it's double standards it's it's a blatant attempt to undermine the will of the American people and I think most Americans see through it the Oklahoma Supreme Court ruled that two local residents could not establish they have a clear legal right to require precautionary face masks for the thousands expected at tonight's rally in a concurring opinion two justices noted the state's plan to reopen its comedy as permissive suggestive and discretionary Texas motor speedway center thousands of spectators in the stands July nineteenth governor Greg Abbott approved a comprehensive action plan submitted by the track to allow fans back in the stands and while the state allows fifty percent capacity for outdoor events track president Eddie Gossage says it's too early to know how many fans will be able to attend the social distancing protocols in place the speedway which has a capacity of about a hundred thirty five thousand first has to re assigned seating for people who had already purchased tickets for the race that was originally scheduled for March twenty ninth from the rocks to reporting more on these stories at town home dot com police selector affected pain relief that really really works how do I know that I don't have a script I don't have talking points I live it's I've been taking it for a year and a half I had lower back pain issue that had been plaguing me for nine years almost a decade I took really effective for two weeks yes two weeks of my pain was gone and it's still gone that's experience of tens of thousands of Americans are taking really factor right now don't take my.
"oklahoma supreme court" Discussed on KDWN 720AM
"K. L. Z. to Las Vegas Bob Beasley media group station taking the stand rally go ahead who's that there's a standoff between the trump administration and the U. S. attorney for the Southern District of New York Geoffrey Berman Attorney General bill Barnett with Berman in New York on Friday and asked him to step down but Berman says he's not going anywhere correspondent Evan Perez adds Berman vowed to continue investigations involving president trump's allies in attempt to hold president trump's first post code nineteen campaign rally failed correspondent Bob Costantini reports Oklahoma Supreme Court said it would not intervene it was a suit brought by attorneys representing neighborhood groups in Tulsa they wanted to force the trump campaign and be okay center management to require social distancing for the Saturday night rally Oklahoma Supreme Court denied a request for an order the locals argued the rally could be a biological bomb be okay center is expected to be packed meaning no social distancing and masts will not be required but given up on the campaign as an option a change in stance by AMC after it had announced its leaders will be re opening next month then that it would leave the face covering policy up to local authorities amid the corona virus pandemic push back on social media such as the hash tag boycott AMC has caused a MC to change its mind and mandate masks final answer the company plans on opening more than a thousand theaters in two phases next month gym group Los Angeles protesters toppled the only statue of a Confederate general in the nation's capital as it set it on fire on Juneteenth cheering demonstrators jumped up and down as the eleven foot statue of Albert pike wrapped with chains fell backwards and landed in a huge pile of dust president trump called out DC's mayor in a tweet saying the police are not doing their job as they watched the statue being ripped down and burn books.
"oklahoma supreme court" Discussed on KLIF 570 AM
"That the Oklahoma Supreme Court says that you don't have to wear a massively rejected a request to to require everyone attending that rally to wear a mask and maintain social distancing inside the arena the court to rule that the to local residents of Tulsa who asked that the thousands at the rally be required to take precautions did not establish that they had a clear legal right to the relief that they sought I guess that would fall under the category of of standing meanwhile the mayor of Tulsa has rescinded a day old curfew which was put in place ahead of the Saturday night rally so is that the is our prologue let us talk now with the doctor Steve Hochi a position a radio host and best selling author to join us tonight there with his thoughts about the rally doctor hopes you thank you for being with us Jim Brady B. R. greetings from Houston Texas to you and your listeners much appreciated Sir all right let's just get an overview first of all is this rally a good idea or a bad idea well for Donald Trump I think it's a wonderful idea because they have use this coronavirus such there from the get go one of the reasons that we're gonna have all the social distancing in math they didn't work truck David morality would have these huge rally in every state they were have the democratic primary and I couldn't stand it so they had to come up with a scheme to keep people may have a rally she finally saw what they were doing when they had all their rallies over the last two to three weeks in support of of the situation that it occurred and it was sold to publishers a critic it's always fun the public health officials say will white to a superiority our white privilege is more dangerous than the cobra bars so you can protest you don't have to worry about social distancing really come on guys it's so obvious Hey Jim let me just tell you from my perspective I been in medicine forty four years I'm sixty nine years old I have a user health and wellness practice in Houston Texas with fifty five on staff we do natural approaches to help him win the coronavirus situation came up the first thing I thought about this is in January of this year first time I hear about it there's all almost all my desk is a Wall Street journal saying that two hundred people and shot from page two hundred people in China have a coronavirus inquiry of diet and I said to my personal assistant I said that's strange because in fact there was just one page article of more page article about all the problems with this coronavirus exit somebody's up to something if they have already had this thing mapped out I'll be good to go there to make this into something of course they did which I think was I called it the plant gimmick it is Greg again let me tell you what do you believe this or not it's the greatest fraud ever perpetrated upon the American public and most people bought it bait hook line and what what what do you like particular fraud are we talking about obviously it is contagious and people do die I mean are you speaking of the of the notion of the shut down I'm just curious about what part of the fraud early the presence of the virus itself is not a fraud sure it brought to think it's like to be bionic leg of the two worst thing that's ever happened we we do we have every year fifty to seventy thousand people died of the flu every year in America and nobody closes down any schools nobody shuts down churches nobody makes you quarantine where mass this is all out of here to control the sheep in the country get I'm scared to death real rational clear man panic so that they would give up their civil constitutional rights that's what it's all about to socialize the country that's what it's about yeah there's a buyer get the mature I'm in I'm in forty four years in medicine I need emergency medicine I was I was in the emergency room full of people with Byram noble your back your old ammonia viral meningitis bacterial meningitis viral bacterial dysentery staph infections strep infection I never wore a mask one day I had eight kids okay mom I never quarantine nobody got anything one but all of a sudden so bad if you look at the statistics it's not near as bad as it is in a hyper inflated you know well about this game all the money they could look at New York compared to Texas there for death rates fifty times what correct this statistically that's an impossibility well not necessarily if in fact people are if this as good is as contagious as we are told it is of course in the in New York you have a lot of people who are crammed into the subway cars and the like a clearly the more urban the environment I can easily see where you would have a greater problem Sir fifty terms cobalt GM everybody knows what they did up there they they stacked the records Democrats states if you look at the Democrat compared to the Republican state they have a come to death right why would they why would the boat all of a sudden attack the Democrats still be understand that we're in but I I think that it probably has not attacked people on a partisan basis but we'll see what had its major impact principally on concentrations of population.
"oklahoma supreme court" Discussed on Bloomberg Radio New York
"On Jan Johnson Oklahoma Supreme Court has rejected a plea from local business owners to require masks and social distancing that president trump's rally tomorrow night because one of Martin savage is in Tulsa only here for the fourth time this week said another twenty four hour record for number of new coronavirus cases the last record was yesterday one twenty today it's one hundred twenty five new cases so it's clear there's a spike right here is about a hundred thousand people come in for the president and the White House press secretary Kaylee McEntee says she won't wear a mask but others can we're taking appropriate measures like hand sanitizing temperature Jackson mass being provided at the door but also known to you from the governor of Oklahoma he says that most of the cases he seeing are in the eighteen to thirty five group where they're seeing a slight increase and they are a symptomatic individuals a lot of what they're seeing and in addition to that I would also just note on that he said that this slight increase was expected as they began to safely reopen fifty six days prior the Philadelphia Phillies are shutting down spring training because five players of three staff members have tested positive for covert nineteen in Florida where cases statewide are growing up governor brown to Santa says virus precautions are up to local governments a lot of this is voluntary compliance I mean you know you're just not gonna be able to police every single part group of people every single time a federal judge is criticizing president trump's former national security adviser John Bolton for moving to publish his book.
"oklahoma supreme court" Discussed on KOA 850 AM
"Oklahoma Supreme Court is not gonna stop president trump's plan campaign rally it is set for tomorrow in Tulsa and Denver is among the many communities which held marches today to mark Juneteenth there are calls to make Juneteenth a national holiday those stories and more coming up at six o'clock with Kathy Walker on KOAA news radio hi this is Joe Joe it is a Friday and that means it is the initials game it is at five forty six current scoreboard I still have five of the three Ryan as one in a ride still looking for its first so kinda normal at the end of the day as you know the big fella doesn't even turn his game on until the last segment it's just usually okay the initials are S. B. here we go clue number one stems from its original convention in Augusta Georgia in eighteen forty five number two one of the world's largest of its kind Anthony Anthony steamboat was good gas thanks one more number three has affiliates in forty one states number four originally attracted.
"oklahoma supreme court" Discussed on KCRW
"Things now news live from NPR news I'm Jack Speer an attempt to block president Donald trump's Tulsa campaign rally this weekend over concerns about the possible spread of corona virus has been denied by the Oklahoma Supreme Court set Bodine of member station K. O. S. U. has more in their unanimous decision Oklahoma Supreme Court justices cited the state's re opening plan which allows the operation of entertainment venues such as the POK center where the rally is being held that reopening plan does not include mandatory requirements for social distancing the decision comes after a group of Tulsa attorneys filed a lawsuit attempting to enforce safety protocols at the venue were nineteen thousand people are expected to gather Tulsa mayor GT Bynum Oklahoma governor Kevin Stitt and president trump's campaign say safety at the event as a matter of personal responsibility and those who are vulnerable to the virus should stay home for NPR news I'm set Bodine in Tulsa Oklahoma many employers gave workers the day off today in observance of Juneteenth an unofficial celebration of the date that the last group of people held in the country's slaves were notified of emancipation one big question is whether the day could become a national holiday that will depend on whether or not Congress decides declared a federal holiday June nineteenth eighteen sixty five was the date the Union Army inform people in Texas more than two years after the Emancipation Proclamation was issued that enslave people were now free top navy officials say captain Brad crozier will not be reinstated to command of the carrier USS Theodore Roosevelt or will he be assigned any other command coger wrote a scathing letter back in March saying the navy was not doing enough to protect crew from the corona virus NPR's Tom Bowman has that story M. O. Michael Gilday chief of naval operations had earlier recommended that captain Brad crozier be reinstated to the job he lost after this letter was leaked to the press but now Gilday says after further investigation he is a term that both crozier in his immediate supervisor Randall Stewart Baker fell well short of what is expected of those in command biggest promotion to a second store officer has been postponed Gilday says closure did not do enough soon enough to get sales up to five thousand crew carrier into quarantine he also says closures letter was unnecessary because navy action was already under way to deal with the virus that's sickened hundreds on the ship and led to one death Tom Bowman NPR news Washington DC has announced it will begin phase two of its re opening amid signs that months of social restrictions of slow the spread of the corona virus city officials standard terms of phase two playgrounds libraries gyms in nail salons can reopen on a limited basis also called nonessential businesses will be allowed to let customers inside at fifty percent capacity on Wall Street today stocks lost ground the Dow down two hundred and eight points you're listening to NPR and this is Casey R. W. on a Friday June nineteenth a merry Perella here is what's happening at four oh four organizers in the high desert are holding a rally tomorrow in Victorville to raise awareness about the death of Malcolm harsh the thirty eight year old black man found hanging from a tree there on may thirty first one of the people helping coordinate the weekend demonstration is C. R. Hamilton the family want answers they're trying basically to get as much transparency as possible they're asking for a full investigation and independent autopsy Hamilton is a co founder of black organizer's United and is working with the youth justice coalition a week after horses death another black man Robert fuller was found hanging from a tree fifty miles away in Palmdale after initially being deemed a suicide by local authorities to state in the FBI now involved in the investigations Hamilton says there's a pattern of African Americans being killed by law for but in the high desert well one of Phillips which was shot in Victorville which was two thousand eighteen Diaz a Arbor he was shot if convicted two thousand and eighteen he was sat at thirty times you receive ten of those borders one of the offices that shot at Beyonce may are believed to be charged with a hate crime back in two thousand and ten tomorrow's event calling for transparency in the case of Malcolm harsh begins at eleven AM at the Victorville sheriff's station California is now requiring students to wear masks or face coverings in public residents rather a cap reduced to call Nixon reports until now there's been a patchwork of rules for face coverings and masks in cities and counties throughout the state orange county's health director resigned earlier this month after getting threats following her own mask wearing order the new state guidelines require masks in most indoor and many outdoor situations where physical distancing is not possible they're also required in shared transportation like uber left in public transit exemptions from the requirement include children under the age of two people with medical conditions or who are hard of hearing and when you're eating at restaurants as cap radios to call Nixon reporting and the unemployment rate in LA county has ticked up to nearly twenty one percent in may from twenty point eight percent the previous month according to figures released today by the state employment development department in Orange County the may jobless rate was fourteen point five percent up from thirteen point eight percent in April support for NPR comes to Linda mood bell learning centers with instruction to help students catch up or get ahead in learning summer programs for reading comprehension and math or more of Linda mood bell dot com slash N. P. R. this is All Things Considered from NPR news I'm Mary Louise Kelly in Washington and I'm Elsa Chang in Los Angeles rewind the clock about a hundred fifty five years and you would find yourself in eighteen sixty five and if you were an enslaved man woman or child in Texas it was the day that the news of liberation reached your state more than two years after president Lincoln issued the Emancipation Proclamation Billy McCrae was around thirteen years old when union troops came to Jasper Texas for riding horses B. Google hang on what McCurry says there is he remembers being impressed by the horses on the cannons this interview is from nineteen forty the quality is a little hard to hear and it includes an offensive word is L. L. hi all of you and you get it all for you now Billy McCurry remembering the moment where the man who owned him told him he was free now in twenty twenty this day is called Juneteenth and it's become a day to commemorate the end.
"oklahoma supreme court" Discussed on 1170 The Answer
"Rally in Tulsa Saturday night it's a personal decision I'm tested regularly I feel that it's safe for me not to be wearing a mask and I'm in compliance with CDC guidelines which are recommended but not required in Tulsa from supporter Travin say's says she's not afraid of covered nineteen I work at a hospital on around it you know I personally don't have problems with it you know I feel you know the one where mass for your safe you can you know me personally I mean I wouldn't want to choose to you know it's my opinion so the Oklahoma Supreme Court rejected a request require everyone attending the rally in Tulsa this weekend to wear a facemask and maintain social distancing inside the arena the guard against the spread of the corona virus Republican senator Josh Hawley says the Supreme Court swerved out of its lane this week extending nineteen sixty four Civil Rights Act protections the sexual orientation and gender identity Ali says the Vostok ruling reads more like a carefully crafted piece of legislation one that changes the scope of the nineteen sixty four Civil Rights Act the very kind of big changes that have failed to pass muster with Congress now for almost sixty years it changes the meaning of the nineteen sixty four Civil Rights Act it changes the tax of the nineteen sixty four Civil Rights Act and changes Holly says should be done by elected lawmakers not judges but I can report the navy has upheld the firing of the aircraft carrier captain who urged faster action to protect his crew from a corona virus outbreak that decision is a complete reversal for admiral Mike Gilday the top navy officer Gil they also extended the blame for the ship's pandemic crisis and delay the promotion of the one star admiral who was also on board on Wall Street the down by two hundred eight points more on these stories at town hall dot com did your dream European vacation this.
Thousands headed to indoor Trump rally, raising virus fears
"White House press secretary Kayleigh McEnany is again playing down concerns about president trump's Saturday night rally in Tulsa thousands of attendees are expected to pack into an indoor venue despite the on going to run a virus outbreak back in any outlining what steps are being taken to prevent the spread we are administering hand sanitizer mass to those who are in attendance should they decide to wear them and we are taking temperature checks the Oklahoma Supreme Court today refused to stop the rally because of coronavirus
"oklahoma supreme court" Discussed on KNST AM 790
"Rush balk at the idea dot US you know they went to the Oklahoma Supreme Court to try to stop the trump rally and the judge that night the request to stop trump's tells a campaign rally due to a coronavirus beers I'll talk about this earlier this week to attorneys petitioned the courts two why stop the trump campaign rally in Tulsa they claim they're acting in the interest of public health or one of the attorneys Clark Brewster previously represented stormy Daniels in her lawsuit against president trump that's a detail you won't find mentioned in many of the reports on this sure what by the drive by media however the lawyer's motion to stop the trump rally has been denied by a judge but of course the lawyers say they're going to fight the case to the Oklahoma Supreme Court trump rally is today and that you that you could always yeah I want them I I I I I ordered here I thought the story I had here was that the Supreme Court had in Oklahoma have ruled they haven't yet apparently unless I've not been told about that sometimes people send me day in two day old news under the guise of current news and if I don't pay really really close attention to what I can get for Mike I just did anyway I've got a bunch of emails from you people you're not complaining I understand you're not complaining you're genuinely heartfelt curious you're pointing out that I have not given you a health update in longer than you can remember and you're right I haven't and I told you that it was going to be this way I told you that I Hey I didn't want to burden anybody with that that is not why your here number two no matter how you do it it's going to sound like a complaint and I just don't complain and number three I have yes have you I have seen people public figures who get cancer who then live it publicly in the summertime it say they did I don't know it I have quite it's it's I did this over the top to me and then sometimes they make the mistake of saying why does all the doctors ran I'm cancer free and then six weeks later so I I have vowed that's not gonna happen I am I'm not going to in any way perform here or or host this program is a ongoing cancer patient with weekly daily reports because as I've said there are good days bad days they're good weeks and bad weeks here's what I can tell you the last treatment that I had which is an infusion why is ten days ago and today is the first day I feel like being alive after that infusion today is the first time you've you've heard me I say I feel normal meaning I feel like I'm not taking any medicine now the last infusion that happened after five days this one it is taken ten days to reach this level which only stands to reason because this infusion was the second one so there now are two doses this treatment medication running throughout the deep dark crevices of my money M. and my system so the more you add to it the more impact that it's going to have I am I actually am very lucky I am not suffering any of the typical or worst side effects that you hear about for example no nausea no gastric or gastro intestinal distress at all the the primary side effect I have it's just that it's it's a debilitating fatigue it's I can't even describe it gets it so much more than being tired it creates everything has a rotten taste everything has a rotten smell I surround myself with that key lime scented candles and lavender and and lemon candles just just to get the rotten sense of smell at bay and of course that bleeds over two cents attached taste which does nothing for the appetite obvious so I'm forcing myself to eat a bunch of stuff it literally tastes like all stuff but these are the things you have to this is I don't want to tell you this kind of stuff every day as far over all how's it going every day I wake up I thank god I did and that's pretty much it so I'm I'm not trying to hide anything and I'm not trying to shield you from from anything I'm actually simply trying to take what I've learned in this process understand that it changes frequently and constantly that nothing is guaranteed and so you you take every day as it comes in when you get a good one your rejoice when you got a good day you're trying to maximize that make the most of it you can when you get a bad day you try to limit it you live through it but you don't complain about it so all right there we go did you did you hear what the changing subjects now did you hear what the C. E. O. chick fillet said maybe is the former C. E. R. maybe condemn Kathleen is that his name he said that white people should be shining the shoes a black people to learn what yeah you did thanks I have the sun but let me let me let me find where it is is toward the back of the list here I think that's how I learned about a suburban living up in about an hour or you know something over sixteen yeah this why is Sunday in Atlanta at the passion city church during a round table discussion chick fillet CEO Dan Cathy said this about how to help improve race relations in America we need just to run over and shot in their shoes and up whether they get ten issues owner not maybe they got sandals on it really doesn't matter but that there's a time which we need to have some personal action here may when they do get to I bought about fifteen hundred of these and I gave it all our chick fillet operators and staff number of years ago so any expressions of a contrite heart of a sincere humility a sense of shame a sense of embarrassment began with an apologetic heart so the reason this this appeals to me is not what you may think I've been there done that this is a cutting edge of societal evolution moment my first job the first job I ever had outside of the house to the chores and then come the first paying job I had was to shine shoes in a barber shop thirteen years old and I I I I was fascinated with making shoes John I wanted to be the best at it I wanted to figure out how to do.
"oklahoma supreme court" Discussed on KSFO-AM
"Rush balk at the idea dot US you know they went to the Oklahoma Supreme Court to try to stop the trump rally the judge that night the request to stop trump's tells a campaign rally due to a coronavirus beers talk about this earlier this week to attorneys petitioned the courts two why stop the trump campaign rally in Tulsa they claim they're acting in the interest of public health or one of the attorneys Clark Brewster previously represented stormy Daniels in her lawsuit against president trump that's a detail you won't find mentioned in many of the reports on this sure what by the drive by media however the lawyer's motion to stop the trump rally has been denied by a judge but of course the lawyers say they're going to fight the case to the Oklahoma Supreme Court trump rally is today and that you that you could always I the I I I I I ordered here I thought the story I had here was that the Supreme Court had in Oklahoma have ruled they haven't yet apparently unless I've not been told about that sometimes people seventy day into day old news under the guise of current news and if I don't pay really really close attention to what I can get for like I just did anyway I've got a bunch of emails from you people you're not complaining I understand you're not complaining you're genuinely heartfelt curious you're pointing out that I have not given you a health update in longer than you can remember and you're right I haven't and I told you that it was going to be this way I told you that I Hey I didn't want to burden anybody with that that is not why your here number two no matter how you do it it's going to sound like a complaint and I just don't complain and number three I have yes have you I have seen people public figures who get cancer who then live it publicly in the summertime it say they did I don't know it I have quite it's it's it's yeah I did this over the top to me and then sometimes they make the mistake of saying why does all the doctors ran I'm cancer free and then six weeks later so I I have vowed that's not gonna happen I am I'm not going to in any way perform here or or host this program is a on going cancer patient with weekly daily reports because as I said there are good days bad days they're good weeks and bad weeks here's what I can tell you the last treatment that I had which is an infusion why is ten days ago and today is the first day I feel like being alive after that infusion today is the first time you've you've heard me I say I feel normal meaning I feel like I'm not taking any medicine now the last infusion that happened after five days this one is taken ten days to reach this level which only stands to reason because this infusion was the second one so there now are two doses this treatment medication running throughout the deep dark crevices of my money M. and my system so the more you add to it the more impact that it's going to have I am I actually am very lucky I am not suffering any of the typical or worst side effects that you hear about for example no nausea no gastric or gastro intestinal distress at all the the primary side effect I have it's just that it's it's a debilitating fatigue it's I can't even describe it get content so much more than being tired it creates everything has a rotten taste everything has a rotten smell I surround myself with that key lime scented candles and lavender and and lemon candles gently just to get the rotten sense of smell and bag and of course that bleeds over to sense of test taste which does nothing for the appetite office so I'm forcing myself to eat a bunch of stuff that literally tastes like horrible stuff but these are the things you have to this is I don't want to tell you this kind of stuff every day as far over all how's it going every day I wake up I thank god I did and that's pretty much it so I'm I'm not trying to hide anything and I'm not trying to shield zero from from anything I'm actually simply trying to take what I've learned in this process understand that it changes frequently and constantly that nothing is guaranteed and so you you take every day as it comes in when you get a good one your rejoice when you get a good day you're trying to maximize that make the most of it you can when you get a bad day you try to limit it you live through it but you don't complain about it so are there we go did you did you hear what the changing subjects now did you hear what the C. E. O. chick fillet said maybe is the former C. E. R. maybe condemn Kathleen is that his name he said that white people should be shining the shoes of black people to learn what yeah you did thanks I have the sun but let me let me let me find where it is is toward the back of the list here I think that's how I learned about a suburban of eleven about their ordeal summoned over sixteen yeah this why is Sunday in Atlanta at the passion city church during a round table discussion chipotle CEO Dan Cathy said this about how to help improve race relations in America we need just to run over and shot on their shoes and where they get ten issues owner not maybe they got sandals on it really doesn't matter but that there's a time which we need to have some personal action here may when they do give a hug to I bought about fifteen hundred of these and I gave it all our chick fillet operators and staff number of years ago so any expressions of a contrite heart of a sincere humility a sense of shame a sense of embarrassment began with an apologetic heart so the reason this this appeals to me is not what you may think I've been there done that this is a cutting edge of societal evolution moment my first job the first job I ever had outside of the household chores and then come the first paying job I had was to shine shoes in a barber shop thirteen years old and I I I I was fascinated with making shoes John I wanted to be the best at it I wanted to figure out how to do it and I had that job for three months I earn fifty dollars in three months M. it was such an educational experience yeah all kinds of ways I eventually had to give the job up because there was public pressure I didn't need the job I have an a relatively affluent family in the jobs should have gone to a more needy person.
"oklahoma supreme court" Discussed on KSFO-AM
"Name your price tool so when it's like tell us what you want to pay trombone was Bob wine you say well be fine coverage options to fit your budget then we just all the fingers now small choir goes even coming at you favorites coming at jet yes no maybe anyway so your practice tonight I got a new there so the referee the insurance company and affiliates pricing coverage much limited by state law all my gosh I just what am I going to get in trouble today I just realize that this is a holiday and I'm working and I could be accused of being a blatant racist division is a Juneteenth well it's not a holiday officially holiday but its intention is being celebrated as a holiday by everybody and falling all over themselves to celebrate Juneteenth M. NY weighing greetings my friends they're welcome great to have you with us it's easy I do work on Friday from sunny South Florida on the phone you can talk about whatever you want to talk about whether I'm interested in this weather I understand that whether or even about his it's a great is present a talk show host there is with a great risks you'll have to carry the program on the polar it's going really bad I course jump in and save the day I always wanted to open line Friday is interesting telephone number again eight hundred two eight two two eight eight two and the email address L. rush balk at the idea dot US you know they went to the Oklahoma Supreme Court to try to stop the trump rally the.
Oklahoma Supreme Court to rule on Trump rally lawsuit
"Thousands of untold cell and many more are heading there for events featuring a president trump rally tomorrow reporter bill Michael says the issue of masks is a big court case the Oklahoma Supreme Court is expected to rule today whether those who attend president trump's Saturday rally in Tulsa most of here to CDC guidelines for face masks and social distancing a Tulsa attorney filed a lawsuit this week to stop B. okay center management from hosting the rally without CDC guidelines the justices are scheduled to discuss the case this
Oklahoma tribal jurisdiction problem
"This is native America calling. I'm Taraji would the. Us Supreme Court is again looking at a case that involves a crime a citizen of the Muskogee Creek nation and whether or not someone should have been tried in federal court. Jim C mcgirt was convicted of raping a child in Oklahoma State Court. He received a life sentence plus five hundred years. He maintains a conviction is invalid because he should have been tried in federal. Not State Court. Mcgirt is citizen. A federally recognized tribe the cases similar to a claim made by Patrick Murphy. A citizen of the Muskogee Creek Nation. He admits he murdered a man in nineteen ninety nine but he maintains he should have been tried in federal court. A ruling in his favor could up in his death sentence. The question on both of these cases is over land and Oklahoma's unique status with tribes and whether Congress properly disestablish reservation boundaries more than a century ago. We are inviting you into this conversation. Did you learn more about it? Maybe you've been following the long and have some thoughts on this. What a decision that would go either way would mean for tribal nation's sovereignty land status go hidden. Dial in our phone lines are open. You can join us today at one. Eight hundred nine six tweet four. That's also one eight hundred nine nine native and with us today at a Denver Colorado is Mary Kathleen Nagel A. She is a partner at pipe stem law in a citizen of the Cherokee nation. My pleasure to have her here Mary Kim Mayor Catherine Welcome. Thank you so much. It's an honor to be here. Great to have year Also join us to Ann Arbor Michigan. Today is Riyaz. Kenji in he is a partner at Kenji and Katzen and he represents the Muskogee Creek nation in the mcgirt case. My pleasure to welcome here Riyaz. Welcome thank you for having me. Tara and thank you for being here with us today in Merry Catherine Let's start with more details on this case and just essential things you think. People need to understand When we talk about what this really could mean why headline say Oklahoma Could turn into chaos go ahead and establish a little bit more so I I do have to say as someone who was born in Oklahoma and as a citizen of a tribe in Oklahoma I I find a lot of headlines that Oklahoma has been promoting the incredibly disappointing. And I think Truth Bending is very kind way to describe them and I of course defer to Muskogee Crete nations attorney Who was also listening here in this interview because this is their reservation at stake but the tenth circuit was very clear a couple years ago and it's decision. Congress has never disestablished the creek nations reservation. That means it's still in existence and that's the you know plain simple truth and of course the brief that My Law Firm submitted was on behalf of the National Indigenous Women's Resource Center as well as tribes that have implemented the restored tribal criminal jurisdiction in the Violence Against Women. Act from twenty thirteen and so the points we were making simply Just how chaotic it will be and how troubling it will be for the tribes to have women involved is all of a sudden. A new precedent is established which no federal quarter Supreme Court has really held this. Before that. In instances where. Congress has not just established a reservation. Court should feel free to do so. That would actually create chaos. But I know Oklahoma certainly want folks to think that the sky is going to fall. It is not The reality today is that Christians evasion has never been established by Congress. It would actually be more destabilizing for the Supreme Court to do that. In this instance Then to uphold the tenth circuit decision and say. Actually the reservation has not been disestablished. Congress which is in fact the case and I think Oklahoma sort of grasping at straws here in terms of the different arguments. They're coming up with but the fact that a reservation still exists does not alter the individual ownership of the land within the reservation so non Indian landowners business owners that doesn't change doesn't affect their ownership of their homes or their land or the vast majority of the crimes perpetrated within the borders of the reservation. The state will still maintain criminal jurisdiction over many crimes. It's not It's not as easy stabilizing this. Oklahoma would have you believe in. I do need to make a correction. I was given wrong information In the INTRO Talking about his ruling could up in his death sentence. It's not Fact and we'll get closer into the Patrick Murphy case coming up but Mary Catherine when we think of all of this and Really what a decision in the supreme court could mean Either way let's talk a little bit about them. Yeah it's it's actually if the Supreme Court in this instance and Riyaz can explain this to what we're dealing with now is a bit of a procedurally positioned different case than Murphy Murphy was The state of Oklahoma seeking cert seeking the Supreme Court's Review. After the tenth circuit upheld the continued existence of the reservation since that decision has not been fully Adjudicated on the merits from court has not issued a written decision. This last time they did grant cert on The current case mcgirt. And so you know in that case You know this is coming out of the Oklahoma Supreme Court's decision to hear the The appeal that McGrath had filed the Oklahoma Supreme Court. And you know again. It's the same question of okay the Tenth Circuit has said. The reservation still exists Oklahoma still wants to assert criminal jurisdiction over an air. You know a few flip crimes that are actually clearly left to the federal government into to the tribal government. And that's that's really what's at stake here. It's a small number of crimes and And at the end of the day this is really what sovereignty is about. And there's no other sovereign that has more interested steak right then a tribal nation when it comes to protecting children and its citizens on its own land and at the end of the day You Know Oklahoma has made a lot of arguments. They've tried to make it sound. Like you know half of the state will go back to quote unquote tribal ownership which is not at all the case. the fact that a reservation exists does not alter the ownership of who owns the land inside the borders of the reservation. And that's the case in South Dakota. That's the case in the state of Washington. That's the case with every reservation in the United States right. Now there's a lot of non Indian ownership of reservation land especially the simple fact because of the dog acts and various other federal laws over time so at the end of the day What you know create nation and all of the folks who filed briefs in support of creation like my client the national indigenous women's Resource Center. It's really asking for a maintenance of the status quo. Don't change anything. Oklahoma is actually asking for something that would upend a hundred years of Supreme Court precedent and when completely alter the law around winner Reservation Candy disestablished? And how
Johnson & Johnson Ordered to Pay $572 Million in Landmark Opioid Trial
"So this is a landmark and defendants johnson and johnson and johnson's misleading marketing and promotion of tate's created a nuisance as defined by fifty s section one including finding that those actions compromise compromised the health and safety of thousands of oklahomans. It's the first time that a judge as ever held a drug company responsible responsible for the opioid epidemic lenny bernstein covers health and medicine for the post. He was in the courtroom in oklahoma yesterday. When a judge ruled that johnson johnson johnson will have to pay five hundred and seventy two million dollars for its role in the opioid crisis. He ruled that johnson and johnson. Jason took part in a campaign of misinformation deception that persuaded doctors and opioid consumers that these drugs dogs were less addictive than they really were and more helpful than they really were. He ruled that johnson and johnson because because it owned two companies for awhile that produced the active ingredients for opioids and sold them to other companies which which then turn them into drugs was responsible all of this despite the fact that johnson and johnson's own drugs account for just about one one percent of the opioids prescription opioids consumed in oklahoma city their argument is that they can't have played such a major role in the opioid epidemic amac but this judge found otherwise yes that was one of their arguments they made several but yes that that's the key right there they're saying how can we be held old culpable and asked to pay five hundred seventy two million dollars to clean this up if our drugs were only one percent of the opioids in oklahoma that is certainly one of the things that they will bring up on appeal so this five hundred and seventy two million dollars that johnson and johnson has been ordered to pay hey. Where is that money going well first off. We have to remember that. No one's gonna see that money probably for years if johnson and johnson does carry harry through on its promise to appeal they'll go up to the oklahoma supreme court i and that could take a couple of years and if they lost their they go to the u._s. Supreme court and that could take another couple of years typically the payment of the money would be stayed all that occurs. If by some miracle they turned around tomorrow and wrote a check either for five seventy two or something less than that it would be going to treatment it would be going to prevention education law enforcement emergency services. There are babies babies born dependent on opioids who need all kinds of care. There are children in foster care whose parents are unable to take care of them and so the state is taking care of them. All of those places would get some money and for the attorneys for the state of oklahoma and did did they feel like this five hundred and seventy two million dollars was what what they were looking for that. It's enough to take care of a lot of the problems saito seen so. This is probably the most interesting thing that happened yesterday. The the state of oklahoma asked for seventeen point five billion over thirty years so if you look at five hundred seventy two million <hes> it's a much smaller amount now now a judge bachmann said was i can tell that for the first year it's going to cost five hundred seventy two million to take care of this crisis what the state did not present me with sufficient evidence to decide is what happens after that. I just can't tell so. The number is much smaller than what the state asked for but it's a one in your number of course the opioid epidemic is not going to be abated one year. It's going to take decades and what what's really interesting about. This is the fact that this is just one line of many legal cases that are starting to come up against drug companies blaming them and holding them responsible for the opioid crisis so how what is this ruling in oklahoma effect what we might be seeing in these other legal cases against other drug companies around the country so we've got two sets of cases going foreword. We've got another forty some odd states that are suing any number of drug companies just like oklahoma and then we have cities counties native american tribes hospitals other groups numbering somewhere around two thousand plaintiffs and they are all consolidated in a federal case in cleveland so let's put that aside for a second looking at the state cases you would expect okay oklahoma one using these theories to the extent that that is possible under each state law you would expect that state to adopt as much of the strategy that oklahoma used as possible because after all it's a winning strategy at least here however we did have a case in north dakota in may where the judge threw out a similar claim against purdue and said that doesn't work here so while this is a landmark it subject to the vagaries of different states different laws different defendants <hes> on the state level now i will say that if a judge is willing to find a company liable and they only produce one percent of the drugs consumed in a state you might be encouraged by that because if you're suing mallon qrat if you're suing purdue if you're suing any of the larger manufacturers you might be thinking to yourself today. A boy johnson and johnson was held liable and they only produced one percent of drugs. I've got a guy who produced twenty or thirty percent of the drugs or a company that distributed twenty or thirty thirty percent of the drugs moving over to the federal lawsuit. It's much less certain. Federal cases are different from state cases and those are cities and counties rather than states so i think we should be cautious in the amount of influence with tribute <hes> to the federal cases so for the lawyers who were fighting on behalf of the seat of oklahoma. Uh what was the strategy or the legal argument that they were making that ended up being successful so oklahoma had one claim and one claim only they claimed that the drug companies and eventually it just became johnson johnson has they settled with a couple of others that that the drug companies created a public nuisance in the state of oklahoma that affected the health and wellbeing of every resident of the state public nuisance law aw is generally used for property problems is i am sledding your backyard with my sprinkler system. If if a polluter is polluting river if a brothel is creating a nuisance on the street and and we wanted shut down you go to the the court and you claim that it's a public nuisance and the remedy is that the court makes you stop it. Make me stop flooding your backyard. They closed down the brothel. They make the polluter stop. Stop putting stuff into the river. The lawyers here took a very novel approach to public nuisance. Lie may be unprecedented which they said said because public nuisance covers the health and well being of the residents of the state of oklahoma. We are claiming that johnson and johnson violated the public nuisance law because they affected the health of everyone here. Now oklahoma has a broad public nuisance law many other states and cities and counties. He's also have public nuisance laws but vary so it's not entirely certain whether that argument would work in other places but were tear when you look at the ruling from this case and the legal arguments that are being made in these other cases against companies that are being accused of fueling the opioid crisis. What do you think is the big question. That's being asked here the big question that's being thought about here in terms of culpability ability so anybody who even opens their eyes or reads the newspaper or watches television asian knows that we had a prescription opioid epidemic in this country for many years and it still continues today it. It may be a little bit on wayne but it happened and many thousands tens of thousands of people died. The question is can you prove to
J&J's Lawyer Shares Her Thoughts on the Landmark $572M Oklahoma Ruling
"In Oklahoma a judge has ordered the pharmaceutical giant Johnson Johnson to pay five hundred and seventy two million dollars to help address the opioid crisis in the state in his ruling yesterday county judge that Baldwin said the drug maker disseminated false misleading and dangerous marketing campaigns that led to exponentially increasing rates of addiction overdose deaths the drug maker rejects the ruling and plans to appeal and Sabrina strong as an attorney representing Johnson and Johnson in this case and joins me on the line this morning thanks so much for taking the time for us of course after trying you I know you have argued that Johnson Johnson did not break the law here you're planning an appeal I'm I I just wanted to start with one of the core things the judge said we did the company have a marketing campaign saying that there was a low risk of abuse and low danger and prescribing opioids no the the marketing that is done with respect to these medication is entirely governed by inconsistent with FDA regulations and so I it's important understand that when folks are out speaking about the drug they're doing so consistent with the risks and benefits that are described in the FDA approved a label okay but even if it was done in what the company believes within the confines of the FDA label I mean there was evidence presented in the trial of of sales reps basically downplaying the concerns of physicians about the addictive qualities of of opiates even if you think that this was within the FDA guidelines are making that argument what was that happening no I don't believe that the evidence of why is that at trial and what we do know is there was not one doctor not one Oklahoma doctor was brought to the stand to say that they were misled by anything a sales representative said and that it impacted the prescribing decision and cause harm to a patient not one Oklahoma Dr there was not one patient or family member that testified at trial about any abuse or misuse related to a Johnson Johnson medicine there's simply no evidence to support those findings I'm so that some of the memos that came up in court that basically showed sales reps talking about addictive that these drugs not being the detective I mean you're saying they were misinterpreted by by the judge here there was no I I think that misstates the evidence okay there were there was no evidence it's very easy to make a broad brush statement about this and to make an allegation but we actually have to look at the evidence was presented at trial at no time was there evidence that anybody said that these drugs were not addictive they're black box warnings on these medications and they absolutely talk about the risk of addiction with these medicines there's no evidence to the contrary in the case whatsoever Johnson Johnson as I understand it hired the the good to be consulting company mackenzie to to look for opportunities to sell more of these drugs mackenzie had a strategy to to keep patients on some of these drugs even if they had an adverse effect because they felt that that they were helping with with pain and that that is one of the issues that came up do you deny any of that I mean the mackenzie was they're coming up with a strategy to sell more of these opioids no I think what you need to understand is when you are dealing with medicine is that you're trying to reach certain patients those patients who need the medicine and what this company is focused on is finding medication for on manta patient needs and so the strategy is is to find those patients find doctors who are working with those patients and to reach those doctors so that they can have access to the medications that they believe are appropriate for their patients remember these are prescription medicine nobody can access these with out a prescription from their doctor and that's a very individualized decision it's between the patient and the doctor to determine what's best for that patient and that is the only way in which anyone can lawfully obtained these medications we are bringing up I mean a question that might come up as as this goes forward I mean are you basically saying that if a doctor prescribed these drugs and if they have been approved by the FDA that relieves the companies of of any accountability responsibility and in a crisis like this I think the question is what is there something that the company did that was wrong for example misleading marketing and if so did that impact any prescribing decision did a doctor rely upon it and did it cause harm acts of this case are no to all of those questions there is no evidence that there was anything that was misleading you started out I asked me a question about whether there was a campaign to mislead and what I explained is that the FDA label sets forth both the risks and the benefits of the medication and everything with respect to the evidence the trial demonstrated that the sales representatives were trained extensively on these issues simply on compliance and that the evidence is is that when they spoke with doctors they spoke about both the risks and the benefits of the medication and it's up to the doctor to decide who is the appropriate patient for these medicines and ultimately write that prescription for any given patient so it's possible that a sales rep might have said look at the risks and benefits this could be addictive but not so addictive that you shouldn't prescribe it for for pain I mean that might have been one of the things that the judge was looking at in talking about what what he described as a marketing campaign I was at the trial every single day and there was no evidence to that effect what what next now I mean is is are you a hundred percent going for with appeals or is the company considering settling at some point it within I mean as a matter of fact or long there's no basis for this decision you've asked me several questions about the facts but they're also significant legal issues here this is really a radical departure from a century of case law in Oklahoma nobody is ever utilized a public nuisance in this way and so this decision is fundamentally unsound it as a matter of law and fact and there's absolutely no basis for liability so yes I think it's it's fair to say that we are very much focused on preparing a pile of papers and look forward to having these issues considered by the Oklahoma Supreme Court yeah I I wanted to ask you about that the public nuisance laws I mean just just just the name sort of states what the intent is of lawmakers which is to protect the public good you you've argued that a law like this is simply not applicables in in coming after a company like Johnson Johnson terms of liability what explain to our listeners why out of a law that's supposed to protect the public good would not be applicable here this is the law that is intended in Oklahoma for over a century the court to make clear that this is about property disputes when someone misuses their property and causes harm to another that's what we're talking about in the remedy that's available under public nuisance is to abate that nuisance to stop the conduct that's not what this case is about and that's not what the plaintiffs are seeking here the state is seeking damages here so this is a law that completely unethical and applicable there are decades of case law certainly that have been developed in tort and product liability and the state has completely jettisoned that case law and try to focus on public nuisance something that has never been done before but these are these millions of dollars used for an abatement I mean if these were not damages the company's painted I misunderstand these are damages I mean abatement would be asking the company and the judge could order the company to stop engaging in certain conduct that is not what that issue here the ruling says nothing about white J. and J. ought to stop doing or or do the the ruling is ordering the company to pay money for the harm is that at the state believes it has suffered and that the they need to address the harms that the state has suffered look at this is a serious public health crisis and it's something that needs to be addressed but litigation is not the
"oklahoma supreme court" Discussed on WBZ NewsRadio 1030
"Right now sixty nine dropped out of the seventies in Boston and we do have some developing news to tell you about coming out of Oklahoma a judge's rule that Johnson and Johnson has to pay more than half a billion dollars for fueling that states opioid crisis now this was the first state opioid crisis to make it to trial the ruling could help shape negotiations in roughly fifteen hundred other suits consolidated before a federal judge in Ohio the drug maker is expected to appeal the verdict to Oklahoma Supreme Court no if that sounds like a lot of money keep in mind that the state wanted I think around seventeen billion dollars as a settlement and again they're getting in the millions so probably disappointment a half when the state wins but not the money amount they were looking for and this story city crews have their hands full trying to keep Boston common clean these days one man tells Carl Stevens is fueled in part by recent events some days there's a smell of urine initiating area near Park Street station here over there a woman is brushing your teeth she spits in the grass people are fast asleep in the sunshine and a lot of people die us this homeless man Eric what's going on when when there's so many homeless in a lot of drug addicts here all of the records all to the transition that was made because after a correctional officer was assaulted on mass have these people are now tending to flock here with the parks commissioner.
Dow ends worst week since 2008 financial crisis; Nasdaq closes in bear market
"The cotton monument. It commemorates a massacre of polish people by the Soviet Union during World War Two. But Jersey City mayor Steven Fulop had hoped to relocated as part of renovation of the city plaza. Now, it is now the case that Phillips announcement didn't go over. Well, and the statute will stay word is community. Outrage has one out the city council voted this morning to leave it at exchange place in perpetuity tonight. We have a forty percent chance of showers mostly before nine o'clock lows around forty five degrees. Currently, it's fifty seven degrees. It's foggy in central park at five. Oh, six. Support for NPR comes from Annapurna pictures with vice starring Christian bale, Amy Adams, Steve corral Sam Rockwell in Tyler Perry. A behind the scenes look at American power based on a true story in theaters everywhere. Christmas day. From NPR news. This is all things considered. I'm Elsa Chang. And Mary Louise Kelley majority leader Mitch McConnell says he is distressed Nebraska Republican Vince asked calls it a sad day for America. And Chris Murphy, Connecticut Democrat describes it as a national security crisis. All senators all talking about the resignation of secretary of defense, Jim Mattis. I am joined now by another Senator Tim Kaine democrat of Virginia Cain sits on the Armed Services Committee, which will have to confirm whoever is nominated to succeed. Mattis Senator Kaine welcome. Could it be on the show? Thanks so much. I gather you're not happy about secretary Mattis impending departure either. No, look, I've been in public life for twenty five years. I'm an armed services member from a state. That's connected to the military. I have a son in the Marine Corps secretary Mattis has one of the best public servants. I've worked with in my career and his resignation, and especially the asserted reasons for the resignation should 'cause every American to be really really worried. Although was this inevitable Madison self in the resignation letter that I soon you're referring to there. He said the president deserves a Defense Secretary who shares his vision of the world, I think that's very diplomatically put. But if you look at the letter, basically, what secretary Mattis says is this that the two pillars of American security that are constant. And this is a guy who spent more than four decades providing security is a marine is one building strong alliances among democracies and second standing up. To thorough -tarian adversaries, and he basically said Mr President on these two values you and I disagree, and we've certainly seen in a president who undercuts allies at many opportunities using national security waivers to punish Canada and Europe, for example, and then cosies up to a thorough Teheran's such as Russia and and Kim Jong Hoon in North Korea. And that reason asserted by secretary Mattis is very very troubling. Have you talked to him if you talk to dramatically? I have not talked to him since the announcement. The announcement set off a firestorm now leave news, but ambassadors of European and other allies reaching out to Senator saying sort of what's going on announcements this week about Syrian Afghanistan, obviously, causing huge concerns among allies who were side by side with us. In those theaters. I mentioned it's your committee armed services that will have to vote on whoever is named to succeed him. Who would you like to see? You know, it's too early to say that there's a person that I'd like to see, but I want somebody who will be willing to stand up and speak truth to power one of the challenges. And this administration is those who do general McMaster, the national security advisor and secretary Mattis, they get pushed aside, but we need people who are experienced who will look the president in the eye and and speak truth. And if the president can handle it he can't handle it. But I don't want an enabler. There's been too many neighbors around this president and the first two years like bobbleheads saying yes to everything, and that's not what this country needs right now changing gears. We're speaking to you from Capitol Hill. Are you all making any progress on a voiding a government shutdown at stroke of midnight? Well, we had a bipartisan deal just two days ago passed the Senate unanimously with the blessing of the White House, but the president yesterday decided to do a one eighty and say he now if you can't get five billion hill shutdown government and punish eight hundred thousand plus federal employees. Who would not get as long as there's a shutdown? Yeah. I heard you on Sarah calling him the Grinch about to steal Christmas, which I will give you credit. It's a good line. But subsidies. Senator or else? Well, thousands of people who are going to have to work without being paid over the holidays. You're you're absolutely right. And that was what we did when we gave them a bipartisan deal less than forty eight hours ago that he agreed to I know. But here we are society afternoon. So what happens? Well, what's going on? Right now is the vice president, Jared, Kushner, and Mick Mulvaney. The new chief of staff were up talking to Senator Schumer, and we're seeing reports out of that meeting that there may be an announcement soon about a path forward possibly a deal. I understand those administration officials went over to talk to speaker Ryan. So this is very much kind of a work in progress right now, no reason to shut the government down. Absolutely. None just a few seconds left. But, but we're also hearing from Shimer's office, and they're saying that this deal would involve funding for border security, but not the wall would you vote for that? I voted for it many many times comprehensive immigration reform and twenty thirteen head border security money. We offered the president deal in February with border security money. He turned it down border security is something that we all support. All right. Thank you so much Senator. Alright thanks much Virginia. Democrat Tim Kaine and we are talking with other Republicans elsewhere on the show. I interview Senator James Lankford of Oklahoma supreme court Justice, Ruth, Bader Ginsburg had surgery today for early stage lung cancer the odds for a full recovery from the disease at that stage have dramatically improved in recent years. That said this is the eighty five year old liberal