Missouri medical marijuana lawyers worry about discipline

Attorneys who represent clients in the medical marijuana industry are concerned they might face discipline under a state Supreme Court directive that appears to put federal law in conflict with state law. The directive, which took effect July 1, says attorneys cannot participate in — or advise clients how to participate in — acts that are illegal under federal law but legal under state law. Medical marijuana is illegal under federal law but was approved by Missouri voters in 2018. Attorney Dan Viets, of Columbia, who represents medical marijuana clients, said he recently asked the state Supreme Court Advisory Committee whether he could be disciplined under the directive, The St. Louis Post-Dispatch reported. Viets said attorneys drafting the 2018 constitutional amendment legalizing medical marijuana anticipated the conflict and included protections in the amendment’s text for attorneys working in the legal marijuana industry. The Missouri amendment says, in part: “An attorney shall not be subject to disciplinary action by the state bar association or other professional licensing body for owning, operating, investing in, being employed by, contracting with, or providing legal assistance to prospective or licensed” medical cannabis businesses. “I was very concerned,” Viets said, adding the state Supreme Court’s directive “appears to contradict the Missouri Constitution. ... I just don’t understand how the court can do that.” The Supreme Court’s ruling followed the filing of more than 800 lawsuits by medical marijuana entrepreneurs who had been denied business licenses by the state after a controversial application process. Beth Riggert, spokeswoman for the Missouri Supreme Court, said the court would not comment on the order.

Feds drop legal battle over tribe’s reservation status

The Mashpee Wampanoag Tribe scored a legal victory Friday when the U.S. Interior Department withdrew a Trump administration appeal that aimed to revoke federal reservation designation for the tribe’s land in Massachusetts. A federal judge in 2020 blocked the U.S. Interior Department from revoking the tribe’s reservation designation, saying the agency’s decision to do so was “arbitrary, capricious, an abuse of discretion, and contrary to law.” The Trump administration appealed the decision, but the Interior Department on Friday moved to dismiss the motion. In a filing in a federal appeals court in Washington, D.C., the Interior Department said it had “conferred with the parties and none opposes this motion.” A judge granted the motion and dismissed the case. The tribe’s vice chair, Jessie Little Doe Baird, called it a triumph for the tribe and for ancestors “who have fought and died to ensure our Land and sovereign rights are respected.” “We look forward to being able to close the book on this painful chapter in our history,” Baird said in a statement. “The decision not to pursue the appeal allows us continue fulfilling our commitment to being good stewards and protecting our Land and the future of our young ones and providing for our citizens.” The Cape Cod-based tribe was granted more than 300 acres (1.2 square kilometers) of land in trust in 2015 by then-President Barack Obama, a move that carved out the federally protected land needed for the tribe to develop its planned $1 billion First Light casino, hotel and entertainment resort. The tribe learned in March 2020 that the federal government was moving to reverse the reservation designation. The Trump administration decided it could not take the land into trust because the tribe was not officially recognized as of June 1, 1934. That was the year the federal Indian Reorganization Act, which laid the foundation for modern federal Indian policy, became law. At the time, the tribe’s chair called it a “sucker punch.” The tribe, which traces its ancestry to the Native Americans that shared a fall harvest meal with the Pilgrims in 1621, gained federal recognition in 2007. U.S. Representative Bill Keating, D-Mass., whose district includes Cape Cod, applauded the decision to drop the appeal.

European court rejects case vs Germany over Afghan airstrike

The European Court of Human Rights on Tuesday rejected a complaint against Germany’s refusal to prosecute an officer who ordered the deadly bombing in 2009 of two fuel tankers in northern Afghanistan. Scores of people died when U.S. Air Force jets bombed the tankers hijacked by the Taliban near Kunduz. The strike was ordered by the commander of the German base in Kunduz, Col. Georg Klein, who feared insurgents could use the trucks to carry out attacks. Contrary to the intelligence Klein based his decision on, most of those swarming the trucks were local civilians invited by the Taliban to siphon fuel from the vehicles after they had become stuck in a riverbed. An Afghan man who lost two sons aged 8 and 12 in the airstrike, Abdul Hanan, took the case to the European Court of Human Rights after German authorities declined to prosecute Klein. He alleged that Germany failed to conduct an effective investigation and that no “effective domestic remedy” to that had been available in Germany. The Strasbourg, France-based court rejected the complaints. It found that German federal prosecutors were “able to rely on a considerable amount of material concerning the circumstances and the impact of the airstrike.” It also noted that courts including Germany’s highest, the Federal Constitutional Court, rejected cases by Hanan. And it added that a parliamentary commission of inquiry “had ensured a high level of public scrutiny of the case.” Wolfgang Kaleck, the head of the European Center for Constitutional and Human Rights who provided legal support to Hanan, said the verdict was a disappointment for the plaintiff and his fellow villagers, but noted that judges had made clear that governments have a duty to at least investigate such cases.

Circuit court judge accused of altering paperwork

A New Hampshire circuit court judge has been accused of altering court paperwork with white out in a 2019 family division case while she was under investigation by the judicial branch. Julie Introcaso, a Bedford judge who was suspended in October, was charged Thursday with two felony counts of falsifying physical evidence and three misdemeanors alleging tampering with public records or information and unsworn falsification. The attorney general’s office said Introcaso will be arraigned at a later date. It wasn’t immediately known if she had a lawyer, and a number could not be found for her. The attorney general’s office began an investigation last fall after the state Judicial Conduct Committee released a document alleging that Introcaso violated the state’s Code of Judicial Conduct. That complaint alleges that Introcaso oversaw a child custody case for about six months despite having a friendship with a lawyer who was serving as a guardian ad litem in the matter. She approved rulings on the guardian’s fees and method of payment. She eventually recused herself, citing a conflict of interest, but a party in the case made a complaint about her to the committee, which started an investigation. The committee alleges she altered the court orders during the investigation.

Tips for Avoiding Common Workers’ Compensation Pitfalls

Workers’ compensation is an insurance program. If you have sustained an injury or illness at work, filing a workers’ compensation claim may provide compensation for your medical bills and lost wages. Unfortunately, the claims process can be complicated and confusing, which is why workers often make mistakes along the way. Some of the common mistakes that hurt workers’ recoveries are often avoidable if you know your rights. Avoid these mistakes to get the best settlement: Failing to Report the Injury You cannot get workers’ comp benefits without reporting your injury to your employer. For most injuries in Illinois, employees have 45 days from the accident to tell their employer about the injury. Not Seeking Treatment If you’ve sustained any injury, you need to be seen by a physician immediately. Your doctor can document your injury, symptoms and treatment plan, which will make it easier to be awarded just compensation. Failing to Keep Accurate Records After suffering a workplace injury or illness, it is crucial to keep accurate and detailed records. This means documenting the time missed from work due to the condition as well as all expenses related to medical treatment. Not Following Your Doctor’s Orders Working beyond your doctor’s restrictions and treatment plan not only puts your healing in jeopardy, but the insurance company can also invalidate your claim if you do. Representing Yourself Don’t make the mistake of representing yourself in your workers’ compensation claim. A skilled lawyer will make sure you file all the necessary paperwork and meet all the critical deadlines. An experienced attorney will also know how to gather and present the evidence supporting your case, and the best strategies of negotiating with insurance companies.