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Calif. court refuses to stay gay marriage ruling
Lawyer Blog News | 2008/06/04 15:20
California's highest court has refused to stay until after the November election its decision legalizing same-sex marriage in the state.

Conservative religious and legal groups had asked the California Supreme Court to stop its order from becoming effective until voters have the chance to weigh in on the issue.

An initiative that would amend the state constitution to ban gay marriage has qualified for the ballot. Its passage would overrule the court's decision.

The Supreme Court says its ruling will be final at 5 p.m. on June 16.

Wednesday's denial clears the way for gays and lesbians in the nation's most populous state to get married starting June 17, when state officials have said counties must start issuing new gender-neutral marriage licenses.



World Court to rule in Djibouti suit with France
Legal World News | 2008/06/04 13:22
The U.N.'s high court was poised to rule Wednesday on Djibouti's demand that France hand over its investigative file on the 1995 murder of a French judge, whose charred corpse was found in a ravine in the former French territory.

Senior Djiboutian officials have been implicated in the case and the judge's widow has accused the east African country's president of ordering her husband's murder.

President Ismael Omar Guelleh has denied the charge and in turn accused France of trying to destabilize his country.

In the world court case, Djibouti has argued that France violated two bilateral cooperation agreements by withholding evidence about the death of the magistrate, Bernard Borrel, who was an adviser to the Djibouti Justice Ministry.

Djibouti, which hosts France's largest military base in Africa, also has claimed immunity for two senior officials sought by a French investigating magistrate in the case for allegedly bribing witnesses.

In addition, France has asked to question Guelleh but has conceded the president cannot be summoned against his will.



AT&T settles lawsuit over cellphone fees
Court Feed News | 2008/06/03 16:07

AT&T Inc will offer refunds to customers who have been charged for third-party cellphone content, including ringtones, news and other alerts, as part of a settlement of a group of class-action lawsuits, court papers available online show.

The top U.S. phone company's wireless unit AT&T Mobility agreed to refund third-party mobile content fees that it billed from Jan. 1, 2004 through May 30 this year, the papers show.

The plaintiffs had accused AT&T Mobility of charging its wireless subscribers for unauthorized third-party mobile content. Similar lawsuits are pending in state and federal courts nationwide, the papers show.



High court ruling seen as boost for fantasy sports
Legal Career News | 2008/06/03 14:03
The $500 million a year fantasy sports business received a huge boost on Monday when the U.S. Supreme Court declined to hear an appeal from Major League Baseball and its players union over the use of player names and their statistics.

Without comment, the justices refused to step into the dispute, giving the owners and operators of countless sports fantasy companies the opportunity to operate without having to pay to be licensed by baseball.

Jeff Thomas, a Kenosha, Wis.-based operator of two fantasy sports Web sites and president of the Fantasy Sports Trade Association, said the decision was a victory for free speech and "marks potentially the single biggest day in the history of the fantasy sports history."

In fantasy sports, participants act as owners or managers of a sports team, and track how the players they have perform statistically. The statistical performance is converted into points, which are compiled and totaled.



Beshear's former law firm to represent him
U.S. Legal News | 2008/06/03 13:02
Gov. Steve Beshear has turned to his former law firm of Stites & Harbison to represent him and the governor's office in the lawsuit brought by Senate President David Williams over road funding.

After deciding to outsource his legal representation, Beshear tasked his general counsel, Ellen Hesen, with spearheading the bidding process that included "several" firms.

He dismissed a notion that hiring his former employer could give a perception that he played favorites.

"If there is, there is," he said. "I wanted to get who I considered to be the best lawyers to represent me on such an important issue."

Williams, a Republican from Burkesville, filed the suit last month because he said Beshear improperly vetoed a bill outlining how road funds could be spent.

Steve Robertson, chairman of the Kentucky Republican Party, said Beshear's hiring his former firm looks as if he's helping out his friends and former bosses.

"Beshear's mantra during the campaign was 'taking care of our own,' and it's clear that he's at least making good on that promise," Robertson said.

Beshear told reporters that Stites & Harbison emerged as the top choice "because of their experience and their expertise."



Court again suspends Hyundai exec's jail term
Legal World News | 2008/06/03 12:00
A South Korean court Tuesday ruled for a second time that Hyundai Motor Chairman Chung Mong-koo does not have to go to prison for embezzlement and breach of trust, leaving the auto tycoon free to keep running the aggressively expanding automaker.

The Seoul High Court upheld a sentence last year in which it suspended the three-year prison term handed Chung by a lower court.

The latest ruling the 70-year old executive can avoid time in jail as long as he breaks no laws for five years.

Presiding judge Kil Ki-bong said Chung used most of the embezzled funds for his company and "did not seek personal profits" as a reason for suspending the prison term. The judge said Chung's promise to donate personal assets to society was also a mitigating point. Chung has promised to donate 1 trillion won ($985 million) worth of assets to charity in an apparent attempt to seek leniency from the court.

The Seoul High Court was forced to issue a new sentence because prosecutors appealed one aspect of its earlier decision: that Chung deliver lectures and write newspaper articles on lawful business management for the community service portion of his sentence.

In Tuesday's ruling, the high court ordered Chung to do 300 hours of community service in the form of environmental protection and other activities instead of the lecturing and writing.



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