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Fla. gay adoption ban goes to appeals court
Lawyer Blog News | 2009/08/26 18:09
A Florida appeals court is being urged to affirm a judge's ruling that the state's strict ban on adoptions by gay people is unconstitutional.

Attorneys for parent Martin Gill and his two children argued Wednesday in Miami that there's no rational basis to exclude gay people. Gill and his partner have adopted two young brothers.

State lawyers contend the Legislature should make such decisions. They claim the judge wrongly legislated from the bench in striking down the law last year.

The American Civil Liberties Union, which is representing Gill, calls Florida's gay adoption ban the broadest such law in the nation.

It will likely be months before the appeals court issues a ruling, which could then be appealed to the Florida Supreme Court.



Toyota to make largest auto recall in China
Legal World News | 2009/08/26 17:07

Toyota Motor Corp will recall 688,314 Camry and other sedans made at its two China joint ventures from Tuesday, its largest recall in the country, to fix a faulty electric switch to the window.


But analysts say the recall will not have any long-term impact on the Japanese auto maker's growth prospect in China as the defect is minor and only involves a single supplier.

The recall, which comes at time when Toyota has lost some of its steam after years of breakneck growth, may however swing some buyers to its European and U.S. rivals for now, they said.

"The size of the recall is big, but it won't be a major problem for Toyota given the nature of the defect. Still, there will be some impact for the short term," said Huang Zherui, an analyst with CSM Worldwide, a global industry consultancy.

In the first half, the Japanese automaker sold 284,000 passenger cars in China, almost unchanged from a year earlier, due largely to its limited offering of small models.



Dutch court: Web site must remove copyright works
Legal World News | 2009/08/26 13:08
A civil court on Wednesday ordered Dutch Web site Mininova to remove within three months all files on its servers that point to copyrighted works or face a fine of up to euro5 million ($7.16 million).

Mininova rivals Sweden's The Pirate Bay as the largest index of BitTorrent files, software that can be used to trade movies, music and computer games.

In Wednesday's ruling, the Utrecht District Court sided with Stichting Brein, a Dutch-based organization funded by copyright-holder groups. It said Mininova was inciting users to infringe copyrights and profiting from infringement by advertising on the site.

"The court didn't agree with Mininova's argument that it was impossible for it to find and remove torrents that point to copyrighted materials," the ruling said.

Unlike The Pirate Bay, Mininova was already removing files when it received a takedown notice from copyright holders.

But the court said that wasn't good enough, and Mininova should assume that all commercial media works are copyrighted.

"The court believes it's generally known that commercially made films, games, music and TV series are copyrighted and that these works are only copyright-free in exceptional cases," the ruling said.



US judge nixes suit that split Obama. gays
U.S. Legal News | 2009/08/26 08:10
A same-sex marriage lawsuit that created a public rift between President Barack Obama and his gay supporters was dismissed Monday on a technicality.

U.S. District Judge David O. Carter ruled the case — the first of several pending challenges to the federal Defense of Marriage Act — must be refiled in federal court.

Carter said the suit had been improperly filed in state court before it was transferred to his jurisdiction. As a result, the judge said, he would not entertain arguments on its merits, at least not yet.

"There is no point for us to go down the line of decision-making and waste time," he said during the hearing in Santa Ana.

The case, brought on behalf of a gay Southern California couple, argues that the Defense of Marriage Act, or DOMA, violates the U.S. Constitution by discriminating against gay men and lesbians.

The 1996 law bars federal recognition of gay unions, including the granting of Social Security survivor payments and other government benefits to couples. , Six states have now legalized same-sex marriage, but the federal law still bars those couples from receiving the benefits.

Gay marriage supporters accused Obama of betraying them this summer, after U.S. Justice Department lawyers filed court papers in the lawsuit strenuously defending the federal law. As a candidate, Obama pledged to work for its repeal.



NJ court appearance for comic Artie Lange delayed
Court Feed News | 2009/08/26 08:09
A New Jersey court appearance for "Howard Stern Show" radio personality Artie Lange (LANG) on a charge of driving under the influence of an intoxicant has been rescheduled for next month.

The comedian and author of the best-selling book "Too Fat to Fish" originally was scheduled to appear in court Wednesday for a pretrial conference. That date is changed to Sept. 9.

Lange was charged following a minor traffic accident last month in Toms River, about 50 miles south-southwest of New York City.

Police say Lange's vehicle struck the back of another vehicle. They say no one was injured.

Defense lawyer Michael Grasso entered a not guilty plea for Lange on July 14. He says the 41-year-old Lange passed an alcohol screening test after the accident.



Ruling favors Latino voters in Texas Democrat suit
Legal Career News | 2009/08/26 08:09
Latino voters celebrated a federal court ruling Tuesday that came down against the Texas Democratic Party and could put the complicated "Texas Two-step" presidential delegate system in jeopardy.

The ruling by a three-judge panel will allow the lawsuit to go forward and put the Texas delegate system closer to facing a potential review by the Justice Department, which Latino advocates sought in the aftermath of last year's intense Democratic primary between Barack Obama and Hillary Rodham Clinton.

In a lawsuit filed last year, the Latino groups argued that the way Texas Democrats awarded presidential delegates unfairly discriminated against Latinos by awarding fewer presidential delegates to heavily Hispanic areas. They did not contest to whom the delegates were awarded, but rather how the allotment was made.

Latino advocates saw Tuesday's ruling as clearing the way for the party's complex process of awarding delegates through a primary and caucus to be done away with entirely.



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