|
|
|
California high court: Yelp can't be ordered to remove posts
Law Center |
2018/07/02 10:21
|
Online review site Yelp.com cannot be ordered to remove posts against a San Francisco law firm that a judge determined were defamatory, a divided California Supreme Court ruled Monday in a closely watched case that internet companies warned could be used to silence online speech.
In a 4-3 opinion, justices agreed, saying removal orders such as the one attorney Dawn Hassell obtained against Yelp "could interfere with and undermine the viability of an online platform."
The decision overturned a lower court ruling that Yelp had said could lead to the removal of negative reviews from the popular website.
Hassell said Yelp was exaggerating the stakes of her legal effort. Her attorney, Monique Olivier, said in a statement that the ruling "stands as an invitation to spread falsehoods on the internet without consequence."
She said her client was considering an appeal to the U.S. Supreme Court.
Hassell's 2013 lawsuit accused a client she briefly represented in a personal injury case of defaming her on Yelp by falsely claiming that her firm failed to communicate with the client, among other things.
San Francisco Superior Court Judge Donald Sullivan found the online statements defamatory and ordered the client and Yelp to remove them. Hassell said the client failed to answer her lawsuit or remove the posts, so she had to seek a court order demanding that Yelp do it.
A second judge and a state appeals court upheld Sullivan's order.
"Ms. Hassell did exactly what she should have done," Olivier said Monday. "After both the defamer and Yelp refused to remove untrue and damaging statements, she obtained a judgment against the defamer, and sought to enforce that judgment by requiring Yelp to remove the defamation."
Yelp said the lower court ruling would give businesses unhappy about negative reviews a new legal pathway for getting them removed.
Yelp said the removal order violated a 1996 federal law that courts have widely interpreted as protecting internet companies from liability for posts by third-party users and prohibiting the companies from being treated as the speaker or publisher of users' posts.
Three of the California Supreme Court justices agreed.
"In substance, Yelp is being held to account for nothing more than its ongoing decision to publish the challenged reviews," Chief Justice Tani Cantil-Sakauye said in an opinion joined by associate justices Ming Chin and Carol Corrigan.
Associate Justice Leondra Kruger said in a separate opinion that she agreed that the removal order against Yelp was invalid, but for a different reason. Hassell did not name Yelp as a defendant, so the company did not get its "own day in court," Kruger said. |
|
|
|
|
|
|
Prosecutor to press court to release church abuse report
Headline News |
2018/07/01 10:22
|
Pennsylvania's highest court is being pressed to publicly release a major grand jury report on allegations of child sexual abuse and cover-ups in six of the state's Roman Catholic dioceses.
Pennsylvania Attorney General Josh Shapiro will ask the court to swiftly decide lingering legal issues before it, his office said Friday. He expects to make that request Monday.
"The people of Pennsylvania have a right to see the report, know who is attempting to block its release and why, and to hear the voices of the victims of sexual abuse within the Church," Shapiro said in a statement.
The state Supreme Court is blocking the release of the report as the result of legal challenges filed under seal by people apparently named in the report. The court has declined to make those filings or dockets public, or name the people who filed the challenges.
The Supreme Court's chief justice, Thomas Saylor, declined comment through a spokeswoman, and lawyers for the unnamed people challenging the report did not respond to requests for comment.
Meanwhile, seven news organizations, including The Associated Press, on Friday filed a motion to intervene in the case in a bid to argue that the court should release the report, contending that it is required by law. If the court decides it needs more time to consider the legal challenges, it could immediately order the report's release with only those parts that are in question shielded from view, lawyers for the news organizations wrote.
The court also should be consistent with practice in other grand jury matters and make public the filings and dockets in the case, with redactions if necessary, the news organizations wrote.
Victim advocates have said the report is expected to be the largest and most exhaustive such review by any state. The grand jury spent two years investigating allegations of child sex abuse in the dioceses of Allentown, Erie, Greensburg, Harrisburg, Pittsburgh and Scranton, churches with some 1.7 million members.
|
|
|
|
|
|
|
McConnell touts Thapar for Supreme Court seat
Lawyer News |
2018/07/01 10:22
|
Senate Majority Leader Mitch McConnell said Saturday he has touted fellow Kentuckian Amul Thapar to fill a looming vacancy on the Supreme Court, but acknowledged he has "no idea" who President Donald Trump will choose.
McConnell told reporters he has encouraged Trump to consider Thapar, and said he hopes the federal appeals court judge is "in the final group" as the president looks for a successor to retiring Justice Anthony Kennedy.
Thapar is a former U.S. District Court judge in Kentucky. He has already been nominated once by Trump, for his current seat on the 6th U.S. Circuit Court of Appeals. McConnell has been a longtime supporter of Thapar, stretching back to the judge's tenure as a federal prosecutor.
"I think he's absolutely brilliant, with the right temperament," McConnell said of Thapar. "But others have their favorites. And I have no idea who the president may choose."
Trump has said he will announce his choice on July 9. The president has promised to draw the next justice from a list of 25 prospective candidates that was first established during the 2016 presidential campaign and updated last fall, with advice from conservatives. Thapar's name has come up among possible nominees being eyed.
In a speech Saturday to a GOP gathering in Louisville, McConnell said the goal is to have a new justice in place in time for the start of the Supreme Court's next term in October. As majority leader, McConnell sets the schedule in the narrowly divided Senate.
"There's not any doubt in my mind that we'll be able to get this new nominee confirmed, and I'm confident the president is going to send up an all-star, somebody of very high quality," McConnell told reporters later.
McConnell predicted the nominee will be similar to Trump's first Supreme Court selection, Neil Gorsuch, in terms of background and philosophy on the judiciary's role.
|
|
|
|
|
|
|
European Union moves against Poland for its new court law
Lawyer News |
2018/06/30 10:22
|
The European Union opened a rule-of-law procedure Monday against Poland over what it sees as flaws in Poland's Supreme Court law, intensifying a standoff that could eventually see Poland lose its EU voting rights.
The move comes a day before a new law takes effect that forces the early retirement of nearly 40 percent of the court's judges.
The law is the culmination of the ruling populist Law and Justice Party's efforts to put Poland's entire court system until its control, a plan it began nearly three years ago. For their part, party leaders claim they are reforming an inefficient. corrupt court system in the grip of an unaccountable caste of judges.
Critics see the law on Poland's Supreme Court as the most dramatic step in the party's takeover of the courts, giving the ruling party the power to stack the court with its supporters. One of court's jobs is to verify the results of elections, and critics say the new law marks a serious reversal for democracy.
The European Commission said Monday the measures in Poland's new court law "undermine the principle of judiciary independence." It also insisted that it "stands ready to continue the rule-of-law dialogue" despite starting the legal procedure.
|
|
|
|
|
|
|
For new Supreme Court justice, a host of big issues awaits
Headline News |
2018/06/28 10:23
|
answers to them.
Most court-watchers and interest groups are focused on abortion and whether a more conservative justice may mean more restrictions on abortions get upheld or even whether the 1973 Roe v. Wade abortion decision affirming a woman's right to abortion might someday be overturned.
But Kennedy's replacement will quickly confront a host of issues, some prominent and others not. Whomever President Donald Trump chooses, the person is expected to move the court to the right. Conservative groups, seeing a court friendlier to their views, might look at the new court and think it's time to bring challenges to liberal laws currently on the books. And conservative state lawmakers may also attempt to pass legislation testing boundaries they wouldn't have while Kennedy was on the court.
The Supreme Court in the term that ended Wednesday had two cases before it dealing with whether electoral maps can give an unfair advantage to a political party. The justices ducked that question, sending cases from Wisconsin and Maryland back to lower courts for further review. Kennedy had been the justice who left the door open to court challenges to extreme partisan redistricting, but he never found a way to measure it that satisfied him. A case involving North Carolina's heavily Republican congressional districting map now in a lower court could provide an opportunity for the justices to revisit the issue as soon as next term.
Another unresolved issue recently before the court is whether a business can cite religious objections in order to refuse service to gay and lesbian people. The court could have tackled that issue in a case argued this term about a Colorado baker who wouldn't make a wedding cake for a same-sex couple. Instead, the justices found that a member of the Colorado commission that looked at the case displayed an anti-religious bias against the baker but left for another day the broader question.
The justices could have added another case on the issue to the list of cases they'll begin hearing arguments in this fall, a case that involved a flower shop owner who cited her religious beliefs in declining to provide flowers for a same-sex wedding. For now they've sent that case back to a lower court. That same case or another one like it could quickly be in front of the court again.
|
|
|
|
|
|
|
Court opening puts pressure on Democrats in Trump country
Topics |
2018/06/27 10:22
|
The opening on the Supreme Court has created a dilemma for Democratic senators up for re-election in the states that President Donald Trump won in 2016.
The choice of whether to support the upcoming nominee could be particularly difficult for Sens. Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana and Joe Manchin of West Virginia.
Opposing Trump's Supreme Court nomination could dissolve some of the goodwill they've built up with Trump supporters.
But backing Trump's pick would bring its own political peril. That move would risk alienating Democratic donors and the party's base, potentially depressing voter turnout.
The three met with Trump on Thursday night to discuss the Supreme Court vacancy. The president already has a list of potential court nominees and is expected to make a decision quickly. |
|
|
|
|
|
Legal News RSS Feed
