|
|
|
Court: Bloggers have First Amendment protections
Headline News |
2014/01/20 22:30
|
A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.
The 9th U.S. Circuit Court of Appeals ordered a new trial in a defamation lawsuit brought by an Oregon bankruptcy trustee against a Montana blogger who wrote online that the court-appointed trustee criminally mishandled a bankruptcy case.
The appeals court ruled that the trustee was not a public figure, which could have invoked an even higher standard of showing the writer acted with malice, but the issue was of public concern, so the negligence standard applied.
Gregg Leslie of the Reporters Committee for the Freedom of the Press said the ruling affirms what many have long argued: Standards set by a 1974 U.S. Supreme Court ruling, Gertz v. Robert Welch Inc., apply to everyone, not just journalists.
|
|
|
|
|
|
|
Court hearings for 2 arrested in student stabbing
U.S. Legal News |
2014/01/20 22:29
|
A 23-year-old man and a 16-year-old boy arrested in the stabbing of a Seattle University student have been ordered held after initial court appearances.
The Seattle Times reports that bail for the man was set Thursday at $1 million while the teen was ordered held in juvenile custody. Prosecutors say they expect to file charges Friday.
A 16-year-old girl arrested in the attack early Wednesday was released pending further investigation.
The suspects were arrested for investigation of robbery and assault. Police allege they followed a 23-year-old student, pushed him to the ground and stabbed him in the chest. He called for help from an emergency kiosk on campus. The student was hospitalized in serious condition. |
|
|
|
|
|
|
Court refuses to reopen oyster farm case
Headline News |
2014/01/16 23:13
|
A federal appeals court has refused to reconsider a decision that shutters a popular Northern California oyster farm in the Point Reyes National Seashore.
The 9th U.S. Circuit Court of Appeals on Tuesday said it wouldn't appoint a special 11-judge panel to reconsider the ruling of a three-judge panel.
The three-judge panel ruled in September that the federal government had legal authority to deny Drakes Bay Oyster Co. a new lease so the waters of the Drakes Estero could be returned to wilderness.
The small oyster farm's last remaining legal option is to appeal to the U.S. Supreme Court. A lawyer for Drakes Bay didn't immediately return a phone call. |
|
|
|
|
|
|
Court won't allow Daimler Chrysler suit in Calif
Court Feed News |
2014/01/16 23:12
|
The Supreme Court decided Tuesday not to allow a lawsuit to move forward in California that accuses a foreign company of committing atrocities on foreign soil. The decision could make it harder for foreign victims of foreign crime to seek justice in American courts.
The high court on Tuesday used a unanimous judgment to refuse to allow survivors and victims of Argentina's "dirty war" to sue in California the former DaimlerChrysler Corp. of Stuttgart, Germany, for alleged abuses in Argentina.
Victims who say they were kidnapped and tortured by the Argentine government in the late 1970s and relatives of those who disappeared sued in state court, alleging Mercedes-Benz was complicit in the killing, torture or kidnapping by the military of unionized auto workers.
In the 1970s and 1980s, thousands were killed, kidnapped or "disappeared," including trade unionists, left-wing political activists, journalists and intellectuals in Argentina in what has become known as the dirty war. The suit says "the kidnapping, detention and torture of these plaintiffs were carried out by state security forces acting under the direction of and with material assistance" from the Mercedes-Benz plant in Gonzalez-Catan, near Buenos Aires.
The lawsuit said that Daimler could be sued over the alleged Argentina abuses in California since its subsidiary, Mercedes-Benz USA, sold cars in that state. A federal judge threw that lawsuit out, but the 9th U.S. Circuit Court of Appeals reversed and said it could move forward. |
|
|
|
|
|
|
Court upholds approval of BP oil spill settlement
Headline News |
2014/01/13 23:17
|
Over BP's objections, a federal appeals court on Friday upheld a judge's approval of the company's multibillion-dollar settlement with lawyers for businesses and residents who claim the massive 2010 oil spill in the Gulf of Mexico cost them money.
BP has argued that U.S. District Judge Carl Barbier and court-appointed claims administrator Patrick Juneau have misinterpreted settlement terms in ways that would force the London-based oil giant to pay for billions of dollars in inflated or bogus claims by businesses.
During a hearing in November before a three-judge panel of the 5th U.S. Circuit Court of Appeals, a BP lawyer argued that Barbier's December 2012 approval of the deal shouldn't stand unless the company ultimately prevails in its ongoing dispute over business payments.
But the divided panel ruled Friday that Barbier did not err by failing to determine more than a year ago whether the class of eligible claimants included individuals who haven't actually suffered any injury related to the spill.
Affirming Barbier's initial ruling in 2012, the court said in its 48-page majority opinion that it can't agree with arguments raised by BP and others who separately objected to the settlement. |
|
|
|
|
|
|
Chile's top court rules against coal-fired complex
Legal World News |
2014/01/13 23:17
|
Chile's Supreme Court sided with local fishermen who contend a coal-fired power complex harms ocean life and pollutes their community, but the judges stopped short of ordering a suspension and left it to environmental authorities to decide if operations can continue.
The ruling on the Bocamina complex released Friday was another in a series of blows to big power projects in energy-strapped Chile, where concerns over environmental issues have been rising.
In December, an appeals court halted the 350-megawatt Bocamina II part of the complex owned by Endesa Chile in the southern Bio Bio region, citing harm to fishermen's livelihood.
The 128-megawatt Bocamina I plant was allowed to keep running. But the Supreme Court said the whole complex should shut down unless officials determine the water-cooling system doesn't threaten or hurt marine life.
The company can only operate the Bocamina I and II thermoelectric plants if they don't put harm marine life or put it at risk, the high court said in a ruling made Thursday.
The court ordered Chile's environmental authorities to take all measures required, including "a halt of operations" if needed, until the problem is fixed.
Environmental groups and fishermen say the complex's use of huge amounts of seawater to cool its equipment damages the area. |
|
|
|
|
|
|
Recent Lawyer News Updates |
|
|
Lawyer News RSS
