The Justice Department, as promised, moved Tuesday to block a court ruling preventing use of government funds for embryonic stem cell research.

The lower-court decision that bars the use of publicly funded stem-cell work had stunned the Obama administration, which had vowed to appeal.

"The government is seeking a stay of the court's injunction to prevent the irreparable human and financial harm that could occur if these life-saving research projects are forced to abruptly shut down," said Justice Department spokeswoman Tracy Schmaler.

"The court's order causes irrevocable harm to the millions of extremely sick or injured people who stand to benefit from continuing research as well as to the taxpayers who have spent hundreds of millions of dollars on this research," a Justice Department statement said.

The Justice lawyers filed the notice of appeal and the proposed stay with U.S. District Court Judge Royce Lamberth, who had granted the injunction sought by plaintiffs opposed to research in which embryos had been destroyed.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Supreme Court justices on Tuesday sharply questioned a lower court's decision that has prohibited biotech giant Monsanto Co. from selling genetically engineered alfalfa seeds, possibly paving the way for the company to distribute the seeds for the first time since 2007.

The case has been closely watched by environmentalists and agribusiness. A federal judge in San Francisco barred the planting of genetically engineered alfalfa nationwide until the government could adequately study the crop's potential impact on organic and conventional varieties.

St. Louis-based Monsanto is arguing that the ban was too broad and was based on the assumption that their products were harmful. Opponents of the use of genetically engineered seeds say they can contaminate conventional crops, but Monsanto says such cross-pollination is unlikely.

Organic groups and farmers exporting to Europe, where genetically modified crops are unpopular, have staunchly opposed the development of such seeds.

Environmentalists are concerned with the case's effect on a federal law that requires the government to review a product's effect on the environment before approving it. The U.S. Agriculture Department earlier approved the seeds, but courts in California and Oregon said USDA did not look hard enough at whether the seeds would eventually share their genes with other crops.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

A U.S. district court ruled against specialty pharmaceutical company Santarus Inc in its patent suit against Par Pharmaceuticals, sending Santarus shares tumbling 48 percent after the bell.

The suit filed by Santarus and co-plaintiff University of Missouri relates to Par's application to market a generic version of Santarus' heartburn drug, Zegerid.

The court ruled that the patents-in-suit are invalid due to obviousness. It also concluded that certain asserted claims are invalid for lack of written description.

The case is Santarus Inc et al v. Par Pharmaceutical Inc, U.S. District Court, District of Delaware. No. 07-551.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

The three-judge panel Tuesday ordered the secretary of state to accept the group's petition seeking to recall Sen. Robert Menendez. That allows the tea party activists to begin collecting the 1.3 million voter signatures they need to get a recall on the ballot.

The court set aside the larger question of whether voters have a constitutional right to recall a federal lawmaker.

New Jersey is among 18 states that allow recalls of statewide elected officials. There is no right to recall congressmen and senators under the U.S. Constitution.

The court says it would take up that question if the petition drive succeeds.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.