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Lohan fails to convince court her image is in video game
Law Center | 2018/03/24 12:16
It looks like "Game Over" for actress Lindsay Lohan in her state court fight against a software company for using what she claims is a likeness of her in a video game.

Lohan's lawyer argued before New York's top court that Take-Two Interactive Software Inc. violated her right to privacy by incorporating "look-a-like" images of her in the game "Grand Theft Auto V."

But the state Court of Appeals ruled Thursday that the satirical representations of "a modern, beach-going" young woman are not identifiable as Lohan. The court affirmed a ruling from a lower state appeals court dismissing her lawsuit.

Similar claims against Take-Two by "Mob Wives" television star Karen Gravano also were dismissed in a separate ruling.

A message left with Lohan's lawyer wasn't immediately returned.



Another key redistricting case goes in front of high court
Law Center | 2018/03/21 12:19
The Supreme Court has already heard a major case about political line-drawing that has the potential to reshape American politics. Now, before even deciding that one, the court is taking up another similar case.

The arguments justices will hear Wednesday in the second case, a Republican challenge to a Democratic-leaning congressional district in Maryland, could offer fresh clues to what they are thinking about partisan gerrymandering, an increasingly hot topic before courts.

Decisions in the Maryland case and the earlier one from Wisconsin are expected by late June. The arguments come nearly six months after the court heard a dispute over Wisconsin legislative districts that Democrats claim were drawn to maximize Republican control in a state that is closely divided between the parties.

The Supreme Court has never thrown out electoral districts on partisan grounds and it’s not clear the justices will do so now. But supporters of limits on partisanship in redistricting are encouraged that the justices are considering two cases.

“In taking these two cases, the Supreme Court wants to say something about partisan gerrymandering. It’s clear the Supreme Court is not walking away from the issue,” said Michael Li, senior counsel at the New York University law school’s Brennan Center for Justice.

The justices’ involvement in partisan redistricting reflects a period of unusual activity in the courts on this topic. Over the past 16 months, courts struck down political districting plans drawn by Republicans in North Carolina, Pennsylvania and Wisconsin. Federal judges threw out a state legislative map in Wisconsin and a congressional plan in North Carolina. In Pennsylvania, the state Supreme Court invalidated the state’s congressional districts and replaced them with a court-drawn plan.


California court body has paid $500K to settle sex claims
Law Center | 2018/03/16 12:18
The policymaking body for California's courts says it has paid more than $500,000 in taxpayer funds since 2011 to settle five complaints of sexual harassment against judges and court employees.
   
The Judicial Council released the figures on Friday. They were first reported by the legal publication, the Recorder.
   
The council said three of the complaints were against judges and two were against court employees.
   
The council said it has paid another roughly $80,000 since 2010 to investigate sexual harassment allegations against five judicial officers.
   
It did not disclose any names or details of the individual cases.
   
The Judicial Council's figures come as California's Legislature has been embroiled in sexual misconduct scandals that have brought down several lawmakers.



Utah teen appears in court in school backpack bomb case
Law Center | 2018/03/15 12:18
A 16-year-old is facing attempted murder and other charges after prosecutors say he tried to ignite an explosive device in a backpack at his southern Utah high school.

The teen also was charged Monday in juvenile court in St. George with misdemeanor graffiti and abuse of a flag for allegedly cutting up an American flag and spray-painting words including "ISIS" on a wall at a different high school in nearby Hurricane.

The FBI determined the group was not involved. The Deseret News reports the boy remains in juvenile detention pending another court appearance. No explosion resulted and no one was hurt March 5 after the backpack was found emitting smoke in a common area of Pine View High School.

Charging documents say the boy told police that if someone got hurt, he probably wouldn't care.


Martin Shkreli cries in court, is sentenced to 7 years for securities fraud
Law Center | 2018/03/08 21:57
The smirk wiped from his face, a crying Martin Shkreli was sentenced to seven years in prison for securities fraud Friday in a hard fall for the pharmaceutical-industry bad boy vilified for jacking up the price of a lifesaving drug.

Shkreli, the boyish-looking, 34-year-old entrepreneur dubbed the "Pharma Bro" for his loutish behavior, was handed his punishment after a hearing in which he and his attorney struggled with limited success to make him a sympathetic figure

The defendant hung his head and choked up as he admitted to many mistakes and apologized to the investors he was convicted of defrauding. At one point, a clerk handed him a box of tissues.

"I want the people who came here today to support me to understand one thing: The only person to blame for me being here today is me," he said. "There is no conspiracy to take down Martin Shkreli. I took down Martin Shkreli."

In the end, U.S. District Judge Kiyo Matsumoto gave him a sentence that fell well short of the 15 years prosecutors wanted but was a lot longer than the 18 months his lawyer asked for. He was also fined $75,000.

He was found guilty in August of lying to investors in two failed hedged funds and cheating them out of millions. The case was unrelated to the 2015 furor in which he was accused of price-gouging, but his arrest was seen as rough justice by the many enemies he made with his smug and abrasive behavior online and off.

The judge insisted that the punishment was not about Shkreli's online antics or his raising the cost of the drug. "This case is not about Mr. Shkreli's self-cultivated public persona ... nor his controversial statements about politics or culture," Matsumoto said.

But she did say his conduct after the verdict made her doubt the sincerity of his remorse. She cited his bragging after the verdict that he would be sentenced to time served. And she quoted one piece of correspondence in which he wrote: "F--- the feds."

The judge ruled earlier that Shkreli would have to forfeit more than $7.3 million in a brokerage account and personal assets, including a one-of-a-kind Wu-Tang Clan album that he boasted of buying for $2 million.

Defense attorney Benjamin Brafman described Shkreli as a misunderstood eccentric who used unconventional means to make his defrauded investors even wealthier. He told the court that he sometimes wants to hug Shkreli and sometimes wants to punch him , but that his outspokenness shouldn't be held against him.


Supreme Court declines to take up 'Dreamers' case for now
Law Center | 2018/02/26 21:59
The Supreme Court on Monday rejected the Trump administration's highly unusual bid to bypass a federals appeals court and get the justices to intervene in the fate of a program that protects hundreds of thousands of young immigrants from deportation.

The decision affecting "Dreamers" means the case will almost certainly have to work its way through the lower courts before any Supreme Court ruling is possible. And because that could take weeks or months, Monday's decision also is likely to further reduce pressure on Congress to act quickly on the matter.

The ruling on the Obama-era Deferred Action for Childhood Arrivals program, or DACA, wasn't unexpected.

Justice Department spokesman Devin O'Malley acknowledged that the court "very rarely" hears a case before a lower appeals court has considered it, though he said the administration's view was "it was warranted" in this case.

O'Malley said the administration would continue to defend the Homeland Security Department's "lawful authority to wind down DACA in an orderly manner."

DACA has provided protection from deportation and work permits for about 700,000 young people who came to the U.S. as children and stayed illegally.

Last fall, Trump argued that Obama had exceeded his executive powers when he created the program. Trump gave lawmakers until March 5 to send him legislation to renew the program.

But in recent weeks, federal judges in San Francisco and New York have made Trump's deadline temporarily moot. They've issued injunctions ordering the Trump administration to keep DACA in place while courts consider legal challenges to Trump's termination of the program.



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