States brief ~ MI high court  rules Dow Chemical cannot be sued for medical monitoring costs News
States brief ~ MI high court rules Dow Chemical cannot be sued for medical monitoring costs

[JURIST] Leading Wednesday's states brief, the Michigan Supreme Court [official website] ruled today that citizens cannot sue Dow Chemical Company for the costs of testing for future dioxin-related health problems. The court stated that medical monitoring is not a legal claim in Michigan and the issue is better suited for the Legislature. Over 170 residents along the Tittabawassee River near a Dow Chemical Company [corporate website] plant in Midland filed suit, asking Dow to set up a trust fund to pay for medical monitoring. AP has more.

In other state legal news …

  • New York State Supreme Court Judge Charles Ramos ruled Wednesday that the New York Stock Exchange [official website] must turn over documents and analysis regarding its pending acquisition [JURIST report] of Archipelago Holdings, Inc. [corporate website], an all electronic exchange, to three seat holders. Attorneys for the NYSE argued that it should not be forced to selectively disclose documents to several seat holders and not the rest, especially when the details of the deal will be released in proxy statements. Seat holder William Higgins filed suit in May to stop the acquisition, claiming the deal undervalued the worth of the exchange. NYSE spokesman Ray Pellecchia confirmed that the exchange will appeal the decision. AP has more.
  • The Arizona Supreme Court has ruled that the state Democratic Party [party website] did nothing illegal in taking $100,000 from corporations and unions and using the money to pay overhead expenses. The opinion [PDF text] said that state law does prohibit corporations and unions from contributing money to influence elections and forbids candidates and campaign committees from accepting such funds; however, there is nothing in state law that prohibits a party from accepting such money and using it towards overhead expenses. The decision reversed a 2004 Court of Appeals ruling [PDF text] which found that it did not matter that the cash was going to overhead expenses as any money used to keep the party afloat was being used to influence elections. Arizona's Daily Sun has local coverage.
  • Missouri Governor Matt Blunt has signed legislation [press release] fixing the state's 2003 concealed-gun law that was declared unconstitutional by the state's Supreme Court in 2004. In that decision [text], the court ruled that the law's funding method could impose an unconstitutional, unfunded mandate on local governments by allowing sheriffs to use the concealed-gun permit fee only for equipment and training, but not for personnel and fingerprinting costs. The new law [text] allows sheriffs to use the permit fee to cover all concealed-gun law costs. The law becomes effective immediately. AP has more.