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California Supreme Court to consider suit over Yelp review
Law Center |
2016/09/22 22:23
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The California Supreme Court agreed Wednesday to consider a lawsuit that Yelp.com warns could lead to the removal of negative reviews on the popular website.
The seven-member court voted unanimously Wednesday to take up an appeal by Yelp of a lower court ruling upholding an order requiring Yelp to remove posts against a San Francisco law firm.
Yelp wants the Supreme Court to overturn the ruling, saying that if it's allowed to stand, it will open the door for businesses to force the company to remove critical reviews.
Dawn Hassell, the law firm's managing attorney, says the business review website is exaggerating the stakes of her legal effort. She says it aims only to remove from Yelp lies by a former client that a judge determined were defamatory, not just negative.
Hassell referred comment Wednesday to her attorney, Monique Olivier, who said in a statement she was not surprised the Supreme Court has taken up the case given the "amount of attention" it has received.
"This case is not one of a 'bad review' " she said. "It is a case where a court adjudicated statements to be defamatory after receiving and reviewing evidence about the falsity of those statements."
Aaron Schur, Yelp's senior director of litigation, said the company looked forward to explaining to the court "how the lower court's decision is ripe for abuse, contradicts longstanding legal principles, and restricts the ability of websites to provide a balanced spectrum of views online."
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Sotomayor calls job on high court blessing and curse
Law Center |
2016/09/11 23:35
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Serving on the U.S. Supreme Court has been both a blessing and a curse and reaching decisions is harder than she ever expected, Justice Sonia Sotomayor said Thursday during a visit to the University of Wisconsin-Madison.
The court's first Hispanic justice told a packed campus theater that said she still marvels that she holds her position, noting she sits so close to the president at State of the Union addresses she can almost touch him. But the job comes with a heavy burden because every decision the court makes affects so many people and each ruling creates losers, she said, recalling moments in court where losing litigants have wept.
"I never forget that in every case, someone wins, and there's an opposite. Someone loses. And that burden feels very heavy to me," Sotomayor said. "I have not anticipated how hard decision-making is on the court. Because of that big win and lose on the court and we are affecting lives across the country and sometimes across the world, I'm conscious that what I do will always affect someone."
Sotomayor spoke for about an hour and a half, wandering up and down the theater's aisles and shaking hands with people as she answered questions from a pair of her former law clerks sitting on stage. She warned the audience that she couldn't talk about pending cases and the clerks never asked her about the Senate refusing to hold a hearing or vote on Judge Merrick Garland's nomination to replace the late Antonin Scalia as the court's ninth justice. The clerks instead gave her general questions about her experiences and thought processes. She kept her answers just as general.
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High court temporarily blocks subpoena over sex ads
Law Center |
2016/09/08 23:36
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Supreme Court Chief Justice John Roberts on Tuesday temporarily blocked a congressional subpoena that seeks information on how the classified advertising website Backpage.com screens ads for possible sex trafficking.
The order came hours after Backpage CEO Carl Ferrer asked the high court to intervene, saying the case threatens the First Amendment rights of online publishers.
A federal appeals court ruled 2-1 on Friday that the website must respond to the subpoena within 10 days. Roberts said Backpage does not have to comply with the appeals court order until further action from the Supreme Court. He requested a response from the Senate Permanent Subcommittee on Investigations by Friday.
The Senate panel has tried for nearly a year to force Backpage to produce certain documents as part of its investigation into human trafficking over the Internet.
After the website refused to comply, the Senate voted 96-0 in March to hold the website in contempt. The vote allowed the Senate to pursue the documents in federal court, marking the first time in more than two decades that the Senate has enforced a subpoena in court.
A federal district judge sided with the Senate last month, rejecting arguments that the subpoena was unconstitutional, overly broad and burdensome. The U.S. Court of Appeals for the District of Columbia Circuit agreed.
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Appeals court refuses to reconsider Wisconsin voter ID cases
Law Center |
2016/08/28 14:42
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A federal appeals court has refused to reconsider a pair of rulings affecting Wisconsin's voter ID law, meaning no more changes to the requirement are likely before the November election.
The 7th U.S. Circuit Court of Appeals on Friday unanimously declined to have a full panel of judges hear appeals of two recent rulings affecting the voter ID requirement and a host of other election-related laws.
The U.S. Supreme Court would have to intervene for any changes to happen before the Nov. 8 election.
The appeals court's upholding the earlier rulings means that Wisconsin voters will have to show an acceptable ID to vote, but those having trouble getting it can get a temporary ID from the Division of Motor Vehicles.
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Court again says New Jersey can't legalize sports betting
Law Center |
2016/08/14 14:52
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A federal appeals court on Tuesday dealt another defeat to New Jersey's yearslong attempt to legalize sports betting, setting aside the state's challenge to a federal betting ban.
The 3rd U.S. Circuit Court of Appeals ruling invalidated a law passed by New Jersey in 2014 that would have allowed sports betting at casinos and racetracks. The court found New Jersey's law repealing prohibitions against sports gambling violated the 1992 Professional and Amateur Sports Protection Act, which forbids state-authorized sports gambling.
"Because PASPA, by its terms, prohibits states from authorizing by law sports gambling, and because the 2014 law does exactly that, the 2014 law violates federal law," the court wrote.
Currently, only Nevada offers legal sports betting on individual games. Delaware offers multigame parlay betting in which players must pick several games correctly to win. Both were given exemptions when PASPA was passed.
New Jersey Gov. Chris Christie and supporters in the state Legislature have sought to legalize sports gambling to help prop up the struggling casino and horse racing industries. It's estimated up to hundreds of billions of dollars are bet illegally on sports every year in the U.S.
Monmouth Park, in Oceanport on New Jersey's coast, is the only venue currently set up to offer sports gambling, if it were legalized.
The dispute has a lengthy legal history. New Jersey voters approved legal sports gambling in 2011, but the four major professional sports leagues and the NCAA sued the state the following year. The leagues claimed the expansion of betting to New Jersey would damage the integrity of their games and lead to more game-fixing.
Sports betting supporters have called the leagues' stance hypocritical, saying the leagues condone and profit from sports fantasy leagues in which participants assemble rosters of players from different teams and compete against others.
North Carolina shooting victim's family hires lawyer. The family of a black North Carolina man shot to death in a neighborhood confrontation in Raleigh has hired the lawyer representing two other black men who were killed by white police officers.
State Rep. Justin Bamberg of South Carolina says he is representing relatives of Kouren-Rodney Bernard Thomas.
Thomas was killed Aug. 7 when a white man living two doors down from a neighborhood party called police to complain of "hoodlums" and then fired a shotgun from his garage. Chad Cameron Copley is charged with murder.
Bamberg also is representing the family of Alton Sterling. The Baton Rouge, Louisiana, man was killed last month after he scuffled with two police officers outside a convenience store.
Bamberg also represents the family of Walter Scott, an unarmed South Carolina motorist killed by a North Charleston officer last year. Michael Slager faces state and federal charges.
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Egyptian lawyer, journalist released after prison sentence
Law Center |
2016/08/12 14:53
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Egyptian authorities have released two prominent human rights activists who had been jailed for over a year for demonstrating against police brutality.
Lawyer Mahienour el-Masry and journalist Youssef Shabaan were freed Saturday after serving 15 months in jail having been convicted of "storming a police station" at a demonstration in the coastal city of Alexandria in 2013.
El-Masry had been incarcerated before for her activism, and in 2014 received the Ludovic Trarieux Human Rights Award while on hunger strike in prison. Hunger striking is often used in Egypt to protest ill treatment and lack of due process.
Egypt has undergone an unprecedented crackdown on free speech, political opposition and any dissent under general-turned-President Abdel-Fattah el-Sissi, who has promised stability and the revival of a still-faltering economy in need of reform.
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