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Appeals court: Apple must submit to imposition of monitor
Lawyer News |
2015/06/02 00:28
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A federal appeals panel has refused to disqualify a court-appointed monitor after a judge found Apple colluded with book publishers in 2010 to raise electronic book prices.
The 2nd U.S. Circuit Court of Appeals in Manhattan ruled against Apple Inc. Thursday. The three-judge panel concluded that a judge did not act improperly when she declined Apple's request to disqualify a monitor she had appointed to evaluate Apple's antitrust policies.
A lawyer for Apple, based in Cupertino, California, did not immediately respond to a request for comment.
The 2nd Circuit did not yet rule on a separate appeal in which Apple is challenging the judge's finding that it colluded with publishers.
After a 2013 civil trial, a judge ordered the technology giant to modify contracts with publishers to prevent price fixing. |
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Appeals court skeptical of fairness of trader's conviction
Lawyer News |
2015/05/14 11:31
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An appeals court panel on Wednesday expressed doubts about the fairness of a prosecution that led to a prison sentence for a man convicted of defrauding a government bailout program.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals had plenty of questions for a prosecutor as it conducted oral arguments in an appeal by Jesse Litvak, a bond trader on the Stamford, Connecticut, trading floor at Jefferies & Co. Inc.
Litvak, who's from New York, was sentenced last year to two years in prison after a jury convicted him of securities fraud, defrauding the Troubled Asset Relief Program and making false statements to the federal government. He has not had to serve his sentence pending appeal.
The conviction made Litvak, 40, the first person convicted of a crime related to the program, which used bailout funds in the financial meltdown to boost the economy. |
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Supreme Court rejects North Carolina appeal on election law
Lawyer News |
2015/04/07 12:46
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The Supreme Court has passed up an early chance to review a contested North Carolina election law that opponents say limits the ability of African-Americans to cast ballots.
The high court intervened in October to order that the law remain in effect for the fall elections after a lower court ruling blocking part of the law.
But the justices on Monday wiped away their earlier order by rejecting the state's appeal of that lower court ruling. The federal appeals court in Richmond, Virginia had blocked a part of the law that eliminated same-day registration during early voting in North Carolina.
A trial is set for July in the lawsuit filed by civil rights groups, and the issue of voting restrictions could return to the Supreme Court before the 2016 elections.
North Carolina is among several Republican-led states that have passed election laws imposing photo identification requirements and reducing the number of days set aside for early voting, among other provisions. Officials have said the measures are needed to prevent voter fraud. But critics have called the laws thinly veiled efforts to make it harder for Democratic-leaning minorities to vote. |
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Missouri appeals judge appointed to take over Ferguson court
Lawyer News |
2015/03/11 15:20
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A Missouri appeals court judge was appointed Monday to take over Ferguson's municipal court and make "needed reforms" after a highly critical U.S. Department of Justice report that was prompted by the fatal police shooting of Michael Brown.
The Missouri Supreme Court said it is assigning state appeals Judge Roy L. Richter to hear all of Ferguson's pending and future municipal court cases. The high court said Richter also will have the authority to overhaul court policies to ensure defendants' rights are respected and to "restore the integrity of the system."
Ferguson Municipal Judge Ronald J. Brockmeyer resigned Monday, saying through a spokesman that he was stepping down to promote public confidence in the court and help Ferguson "begin its healing process."
The Ferguson City Council met in closed session Monday evening, but members left without taking questions and a city spokesman didn't disclose the purpose of the meeting. Ferguson City Manager John Shaw was escorted to his vehicle by a police officer without fielding questions, and Mayor James Knowles III declined comment to The Associated Press afterward except to say that the city on Tuesday would begin seeking Brockmeyer's permanent successor.
Richter will take charge of the court on March 16. The Supreme Court said it also is assigning staff from the state court administrator's office to aid Richter in reviewing Ferguson's municipal court practices. |
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Arizona sheriff could face civil contempt hearing in court
Lawyer News |
2015/01/19 14:54
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An Arizona sheriff could face a civil contempt hearing in federal court for his office's repeated violations of orders issued in a racial-profiling case.
U.S. District Judge Murray Snow held a telephonic conference Thursday and told Maricopa County Sheriff Joe Arpaio's attorneys that the six-term sheriff may face an April 21-24 hearing.
But a top lawyer with the Arizona chapter of the American Civil Liberties Union said Friday that Snow stopped short of officially ordering the hearing. The judge has given both sides until Jan. 23 to file additional paperwork.
At a Dec. 4 hearing, Snow sent strong signals that he intended to pursue contempt cases that could expose Arpaio to fines and perhaps jail time.
Lawyers for the sheriff didn't immediately return calls for comment on the possible civil contempt hearing.
Dan Pochoda, senior counsel for the Arizona ACLU, said Friday that Arpaio's office could face sanctions or fines for not following court orders and "fines to deter future bad acts and fines to compensate anyone permanently harmed" in the racial-profiling cases. |
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High court won't hear challenge to Vermont campaign law
Lawyer News |
2015/01/12 16:48
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The Supreme Court won't hear a challenge to part of Vermont's campaign finance laws that impose contribution limits on political action committees.
The justices on Monday declined to hear an appeal from the Vermont Right to Life Committee, an anti-abortion group. The group argued that Vermont's campaign finance registration, reporting and disclosure requirements for PACs were too broad and unconstitutional.
The group argued that a subcommittee it created should not be subject to Vermont's $2,000 limit on contributions to PACs because the subcommittee does not give money directly to candidates and makes only independent expenditures.
But a federal judge rejected those arguments, finding that there was no clear accounting between the two committees. A federal appeals court agreed. |
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