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Summary Judgments for February 19

2/19/2013 COMMENTS (0)

Where there's smoke

2/19/13

By Suhrith Parthasarathy

New Zealand is expected to be the first country after Australia to force cigarette makers to sell their products in plain packages, reports the Sydney Morning Herald. Tariana Turia, New Zealand's associate minister of health, announced on Tuesday a plan to introduce legislation that will standardize the color and design of packets and vowed that the law, once passed, "will remove the last remaining vestige of glamour from these deadly products."

There is, however, a wrinkle to Turia's proposal. Several tobacco-growing nations, led by the Ukraine, are challenging the Australian law in front of the World Trade Organization, and Turia said she won't introduce her legislation until the WTO challenges are resolved. Phillip Morris International is also pursuing a case in international arbitration, arguing that the Australian proposal violates an investment treaty with Hong Kong, causing billions of dollars in damages.

Noteworthy question

2/19/13

By Dan Brillman

Much is made of Clarence Thomas's penchant for not asking questions from the bench. Oh, the silent partner of the Supreme Court may crack a joke once every seven years, and away from the court he is a hot ticket on the legal speaking circuit. But what if he has a burning question during oral arguments?

Well, just asking it would be too easy. So he writes it down and slides it over to Justice Stephen Breyer, reports TheWashington Post (hat tip: ABA Journal).

At a recent speech at Harvard, Thomas revealed he sometimes passes notes to his colleague that ask "What about this, Steve?"

"I'll say it was just something I was throwing out," he continued, with a reported chuckle to the audience. "So you can blame some of those Breyer questions on me."

I am the walrus

2/19/13

By Caitlin Tremblay

A Canadian man dubbed the "Kanye West of walrus training" is the target of a new lawsuit.

Philip Demers, a walrus trainer in Niagara Falls, Ontario, is being sued by Marineland, the theme park that employed him until 2012, according to ABC News. Among the charges: Demers trespassed and intimidated and then plotted to steal Smooshi, a walrus with whom he had a close relationship, according to the complaint.

Marineland says Demers became "upset and displeased" after his pitch for a reality TV show called "The Walrus Whisperer" was rejected in August 2011. The show billed Demers as the Kanye West of walrus training for being outspoken and dramatic. Demers, who left his job at the theme park in August 2012, says the reality TV rejection had nothing to do with his resignation. He has since become an outspoken critic of Marineland, claiming the animals live in poor conditions.

Canada's Accredited Zoos and Aquariums investigated Demers's claims but concluded that Marineland was doing everything by the book. Demers says he is skeptical of the findings because the organiztion has a close relationship with Marineland.

The theme park hasn't commented further on the lawsuit filed in Ontario but Demers has hopes he and the walrus will be reunited soon. "Smooshi and I share an anomaly of a relationship which continues to inspire me, and I do dream of a day when we can be reunited," he told ABC News.

 

Summary Judgments for February 15

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