Latest news with #SpectrumDisorder
Epoch Times
28-04-2025
- Business
- Epoch Times
Supreme Court Takes Up Case Involving Allegation That Tainted Baby Food Causes Autism
The Supreme Court agreed on April 28 to hear a case about whether a state court should have to retry two parents' claim that allegedly tainted baby food gave their son autism. The Supreme Court granted the petition in Hain Celestial Group v. Palmquist without comment in an unsigned The appeal that the nation's highest court agreed to hear is not expected to focus on the merits of the parents' claim that links the baby food in question to autism. Instead, the justices will consider where the lawsuit should be heard. One of the petitioners, Hain Celestial Group, which is headquartered in Hoboken, New Jersey, makes and sells organic baby food. Its products are sold by the other petitioner, Whole Foods Market, a grocery chain with its headquarters in Austin, Texas. The respondents, Sarah and Grant Palmquist, are Texas residents. Their son, E.P., suffers from 'an unusually profound case of Autism Spectrum Disorder' and consumed Earth's Best foods, made by Hain, through his early years, according to the companies' The parents sued Hain in Brazoria County, Texas, claiming Earth's Best baby food had heavy metals in it that caused their child's autism. They also sued Whole Foods, which they say sold them the baby food, for breach of warranty and negligence, and which they say vouched for the safety of the food. Related Stories 11/9/2019 4/19/2021 A breach of warranty occurs when a seller fails to adhere to their promises about a product or service. Such promises often pertain to the safety or quality of the product. Hain filed to remove, or transfer, the case to the federal district court in the Southern District of Texas, arguing diversity jurisdiction. Diversity jurisdiction refers to the authority of federal courts to hear cases in which the parties are from different states, the petition said. The petitioners argued that under Texas law, a seller such as Texas-based Whole Foods 'that did not manufacture a product is not liable for harm caused … by that product.' After the case was removed to federal district court, the parents amended their complaint, 'alleging new causes of action against Whole Foods based on novel theories.' They claimed that Whole Foods made 'express factual representations' about the safety of Hain's baby food and that they relied on those representations when making purchasing decisions, according to the petition. The parents asked the federal court to send the case back to the state court, arguing that it was appropriate for Whole Foods to be a party in the proceeding because their amended complaint fell within an express-warranty exception to the Texas law rule that sellers should not be held liable for products they didn't manufacture. The petition said the federal court sided with the petitioners and denied the motion, finding that under a time-of-filing rule, it was not allowed to consider the amendments made to the complaint after it was removed to federal court. The federal court dismissed the claim against Whole Foods with prejudice, meaning the claim may not be brought again. With Whole Foods excluded from the case, the parents and Hain spent more than a year on the discovery process, in which evidence is gathered. The case went to trial, and the federal court ruled in favor of Hain, finding that the respondents had not produced enough evidence to show that ingesting heavy metals could have caused E.P.'s symptoms, the petition said. The parents appealed, arguing that the federal district court erred in excluding Whole Foods as a party in finding for Hain and that the case should have been sent back to state court. A panel of the U.S. Court of Appeals for the Fifth Circuit ruled the federal district court should not have dismissed Whole Foods as a party and ordered that the case return to state court for a brand new trial. The discovery process has begun in the state court, and a trial is scheduled to begin in September of this year, the petition said. The petitioners urged the Supreme Court to grant the petition, arguing the Fifth Circuit's ruling conflicts with those made by other circuit courts and is inconsistent with reasoning in prior Supreme Court decisions. The parents asked the Supreme Court to deny the petition, arguing in a March 12 Hain 'improperly removed this case, insisting on federal jurisdiction where it did not exist,' according to the brief. The Supreme Court is expected to hear the case in its new term that begins in October.
CNN
26-02-2025
- CNN
Defense for Idaho quadruple murder suspect Bryan Kohberger may cite autism to try to strike death penalty option
Attorneys for the man accused of stabbing four University of Idaho students to death in 2022 have nodded to autism spectrum disorder in asking the court to ensure the 30-year-old wouldn't get the death penalty if convicted, court records show. Bryan Kohberger is accused of killing Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin at an off-campus home. His trial is expected to begin in August. Summaries of court documents in the case show the defense filed a motion Monday 'to Strike Death Penalty RE: Autism Spectrum Disorder.' A 'Motion to Redact or Seal Newly Filed Records' was also filed Monday 'in Support of their Motion to Strike Death Penalty RE: Autism Spectrum Disorder Under Seal.' As of early Wednesday morning, the full documents were not publicly available online. And it was not immediately clear whether Kohberger has been diagnosed with autism spectrum disorder or if the defense was seeking a diagnosis. Autism spectrum disorder is a developmental disability caused by differences in the brain, the Centers for Disease Control and Prevention says, adding scientists believe multiple causes of the disorder act together to change the most common ways people develop. This is not the first time Kohberger's defense has tried to remove the possibility of the death penalty. Last year, his lawyers filed motions listing a variety of reasons they believe the state's intent to seek the death penalty is unconstitutional. One motion focuses on what Kohberger's defense team calls an 'ideological shift' and 'evolving standards' in the way Americans view the death penalty. 'The lack of an active death penalty in the majority of states within the United States indicates that there has been an ideological shift and that the punishment now violates our contemporary standards of decency,' they wrote, noting five US states have abolished the practice in recent years. Other motions argue Idaho's death penalty statute constitutes a violation of international law and the fundamental precepts of international human rights. They also argue Idaho's methods of execution – lethal injection and firing squad – are cruel and unusual punishment and therefore violate the US Constitution. Prosecutors, meanwhile, last week cited a state law providing 'mental condition shall not be a defense to any charge of criminal conduct' except 'expert evidence on the issues of any state of mind which is an element of the offense,' a court filing shows. This is a developing story and will be updated. CNN's Veronica Miracle, Kevin Flower, Cheri Mossburg and Elizabeth Hartfield contributed to this report.
CNN
26-02-2025
- CNN
Defense for Idaho quadruple murder suspect Bryan Kohberger may cite autism to try to strike death penalty option
Attorneys for the man accused of stabbing four University of Idaho students to death in 2022 have nodded to autism spectrum disorder in asking the court to ensure the 30-year-old wouldn't get the death penalty if convicted, court records show. Bryan Kohberger is accused of killing Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin at an off-campus home. His trial is expected to begin in August. Summaries of court documents in the case show the defense filed a motion Monday 'to Strike Death Penalty RE: Autism Spectrum Disorder.' A 'Motion to Redact or Seal Newly Filed Records' was also filed Monday 'in Support of their Motion to Strike Death Penalty RE: Autism Spectrum Disorder Under Seal.' As of early Wednesday morning, the full documents were not publicly available online. And it was not immediately clear whether Kohberger has been diagnosed with autism spectrum disorder or if the defense was seeking a diagnosis. Autism spectrum disorder is a developmental disability caused by differences in the brain, the Centers for Disease Control and Prevention says, adding scientists believe multiple causes of the disorder act together to change the most common ways people develop. This is not the first time Kohberger's defense has tried to remove the possibility of the death penalty. Last year, his lawyers filed motions listing a variety of reasons they believe the state's intent to seek the death penalty is unconstitutional. One motion focuses on what Kohberger's defense team calls an 'ideological shift' and 'evolving standards' in the way Americans view the death penalty. 'The lack of an active death penalty in the majority of states within the United States indicates that there has been an ideological shift and that the punishment now violates our contemporary standards of decency,' they wrote, noting five US states have abolished the practice in recent years. Other motions argue Idaho's death penalty statute constitutes a violation of international law and the fundamental precepts of international human rights. They also argue Idaho's methods of execution – lethal injection and firing squad – are cruel and unusual punishment and therefore violate the US Constitution. Prosecutors, meanwhile, last week cited a state law providing 'mental condition shall not be a defense to any charge of criminal conduct' except 'expert evidence on the issues of any state of mind which is an element of the offense,' a court filing shows. This is a developing story and will be updated. CNN's Veronica Miracle, Kevin Flower, Cheri Mossburg and Elizabeth Hartfield contributed to this report.
