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Court: Movie theaters must accommodate deaf-blind patrons
U.S. Legal News | 2017/10/05 23:51
Federal disability law requires movie theaters to provide specialized interpreters to patrons who are deaf and blind, an appeals court said Friday.

The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled against Cinemark, the nation's third-largest movie chain, in a case involving a Pennsylvania man who wanted to see the 2014 movie "Gone Girl" and asked a Cinemark theater in Pittsburgh to supply a "tactile interpreter." The theater denied his request.

The plaintiff, Paul McGann, is a movie enthusiast who reads American Sign Language through touch. He uses a method of tactile interpretation that involves placing his hands over the hands of an interpreter who uses sign language to describe the movie's action, dialogue and even the audience response.

The federal appeals court concluded Friday that tactile interpreters are covered by the Americans with Disabilities Act, which requires that public accommodations furnish "auxiliary aids and services" to patrons with vision, hearing and speech disabilities.


Court sides with board to keep fracking ban issue off ballot
U.S. Legal News | 2017/10/04 23:51
The Ohio Supreme Court has upheld a county elections board’s decision to reject another ballot measure that would have allowed Youngstown voters to ban the natural gas drilling technique called hydraulic fracturing in their city.
   
The Supreme Court agreed with the elections board in a 4-3 decision issued Friday.
   
Youngstown voters have previously voted down a proposed ban on fracking and fracking-related activities six times.
   
The Mahoning County Board of Elections last month rejected an attempt by fracking opponents to get a proposed charter amendment on the ballot this fall.
   
The Vindicator has reported that the board cited a new state law that says elections boards must invalidate initiative petitions if they seek to change laws that fall outside a local government’s authority to enact them.



Spooked businesses shift headquarters out of Catalonia
Lawyer Blog News | 2017/10/02 23:50
As separatists in Catalonia jockeyed Friday to elude court rulings and find ways to deliver on their promise to declare independence, business giants hit back with plans to relocate their headquarters elsewhere in Spain amid the increasing political uncertainty.

Caixabank, Spain's third lender in global assets, said Friday that it was moving from Barcelona to the eastern city of Valencia, "given the current situation in Catalonia." It said it wants to remain in the eurozone and under the supervision of the European Central Bank — two things that would not happen if Catalonia did manage to secede.

The region's separatist government has vowed to use a pro-independence victory in a disputed referendum last weekend to go ahead with secession, while calling for Spain's central government to accept a dialogue.

But the government of Spain's conservative Prime Minister Mariano Rajoy has rejected any negotiations unless the separatists drop their secession bid. Rajoy urged Puigdemont to cancel plans for declaring independence in order to avoid "greater evils."

"In order to dialogue, you must stay within the legal framework," Spanish cabinet spokesman Inigo Mendez de Vigo told reporters Friday, blaming the secessionists for breaking Spain's constitutional order.

"Coexistence is broken" in Catalonia, he said, warning Catalans that a parliamentary declaration of independence "is not enough" and that the international community needs to recognize independent nations.


European Court Asked to Rule on Facebook Data Transfers
Court Feed News | 2017/10/01 23:49
The European Court of Justice has been asked to consider whether Facebook's Dublin-based subsidiary can legally transfer users' personal data to its U.S. parent, after Ireland's top court said Tuesday that there are "well-founded concerns" the practice violates European law.

In a case brought after former U.S. defense contractor Edward Snowden revealed the extent of electronic surveillance by American security agencies, the Irish court found that Facebook's transfers may compromise the data of European citizens.

The case has far-reaching implications for social media companies and others who move large amounts of data via the internet. Facebook's European subsidiary regularly does so.

Ireland's data commissioner had already issued a preliminary decision that such transfers may be illegal because agreements between Facebook and its Irish subsidiary don't adequately protect the privacy of European citizens. The Irish High Court is referring the case to the European Court of Justice because the data sharing agreements had been approved by the European Union's executive Commission.

Ireland's data commissioner "has raised well-founded concerns that there is an absence of an effective remedy in U.S. law . for an EU citizen whose data are transferred to the U.S. where they may be at risk of being accessed and processed by U.S. state agencies for national security purposes in a manner incompatible" with the EU's Charter of Fundamental Rights, the Irish High Court said Tuesday.

Austrian privacy campaigner Maximillian Schrems, who has a Facebook account, had challenged this practice through the Irish courts because of concerns that his data was being illegally accessed by U.S security agencies.


Supreme Court declines Michigan emergency manager law case
Legal Career News | 2017/09/30 23:49
The Supreme Court won't take up a challenge to a Michigan law that allows the state to temporarily take away local officials' authority during financial crises and appoint an emergency manager.

The Supreme Court declined Monday to hear the case. Voters and elected officials were challenging a state law that says that to rescue financially stressed cities and school districts the state can reassign the governing powers of local officials to a state-appointed emergency manager. An emergency manager was in place during the water crisis in Flint.

Those bringing the lawsuit said emergency managers have been appointed in a high number of areas with large African-American populations but not in similar areas with majority white populations.

Lower courts said lawsuit was brought under a federal law that didn't apply.



Elliott's fast start fades with Cowboys as court looms again
Class Action News | 2017/09/28 23:38
Ezekiel Elliott pretended to wipe his face with a towel following his signature "feed me" gesture to celebrate his first touchdown.

The star Dallas running back got to hand the ball to his mother twice on his second score after the original TD ruling was reversed, with his mom kissing his facemask on the exchange that counted from her spot on the front row of a field-level box behind the end zone.

Those happy moments were gone after a 35-30 loss to the Los Angeles Rams on Sunday, the day before a federal appeals court hearing that could result in the lifting of an injunction that is allowing Elliott to play as he fights the NFL's six-game suspension stemming from a domestic case in Ohio.

Elliott said he wasn't sure if he would attend Monday's arguments before the U.S. 5th Circuit Court of Appeals in New Orleans. If the three-judge panel moves quickly and grants the NFL's emergency request to overrule a Texas judge's injunction, he could be sitting as early as next weekend at home against Green Bay.

"I'm not talking about it," Elliott said when asked how the looming hearing might affect his upcoming week.

In the first half against the Rams (3-1), it sure looked as if Elliott would have plenty of reasons to smile despite the looming hearing. He had a 10-yard scoring catch and a 1-yard plunge after the initial sprint for the pylon from the 2 was called a score and overruled on replay.

Last year's NFL rushing leader had 56 yards at halftime and another 41 yards receiving. The Cowboys led 24-16 and had scored on all four possessions.


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