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Court gives government a win in young immigrants' cases
Court Feed News | 2017/10/26 18:21
A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.

The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.

Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.

A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.

Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."

And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.

Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.

He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."

Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."

"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said.


Court nixes class-action status for TGI Friday's drink suit
Court Feed News | 2017/10/06 23:52
A lawsuit accusing restaurant chain TGI Friday's violated consumer fraud laws with its drink pricing can't go ahead as a class action that could have included millions of members, but a similar case involving Carrabba's Italian Grill restaurants can, New Jersey's state Supreme Court ruled Wednesday.

Debra Dugan sued TGI Friday's after she was charged one price for a drink at the bar and a higher price at a table in 2008. The restaurant didn't list drink prices on its menus, according to the lawsuit.

A lower court in 2012 granted class-action status to anyone who ordered unpriced drinks at 14 of the company's restaurants in New Jersey from 2004 through 2014. TGI Friday's had estimated that could have amounted to as many as 14 million customers, according to court filings. But the plaintiffs disputed that figure.

According to the lawsuit, TGI Friday's conducted research that showed that customers spent an average of $1.72 less on drinks if the prices were displayed than if the prices weren't displayed. The lawsuit sought to prove that that amount could be considered a loss for anyone who had ordered a drink at the restaurants. Wednesday's 5-1 ruling rejected that argument, but said individual claims could still proceed.


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.


3 bank customers in Germany fined for ignoring collapsed man
Court Feed News | 2017/09/17 01:16
A German court has fined three bank customers for failing to help an elderly man who collapsed in a bank branch and later died.

The Essen district court handed the defendants, a woman and two men, fines ranging from 2,400 to 3,600 euros ($2,865 to $4,300).

Police said surveillance camera footage showed four people walking past or over him as he lay on the floor. The fourth person faces separate proceedings.

The 83-year-old man collapsed as he used a banking terminal on a public holiday last October.

Only after about 20 minutes did another customer call emergency services. The man was taken to a hospital but died a few days later.

News agency dpa reported that the defendants testified Monday they had thought he was a sleeping homeless man.


FBI Searched Ex-Oklahoma Senator's Office for Porn
Court Feed News | 2017/09/16 01:17
Court records show the FBI searched the Capitol office of a former Oklahoma senator in March because a campaign aide allegedly saw child pornography on his computer.

Republican Sen. Ralph Shortey resigned in March after being arrested when police in the Oklahoma City suburb of Moore found him in a motel room with a 17-year-old boy he had allegedly hired for sex.

The Oklahoman reports that the FBI seized a CD-ROM and an SD card from Shortey's office the day after his resignation. The newly released court records show that someone contacted Moore police about the alleged pornography after seeing news about Shortey's arrest.

Shortey faces three child pornography counts and one child sex trafficking count. He's pleaded not guilty.


Trump nominates White House lawyer to important court seat
Court Feed News | 2017/09/05 01:15
President Donald Trump has tapped one of his own White House attorneys for a judgeship on one of the most important federal appeals courts, opening the door for confirmation hearing questions about the legal controversies that dominated the first seven months of Trump's presidency.

Gregory Katsas was nominated Thursday to serve on the U.S. Court of Appeals for the District of Columbia Circuit. Katsas, the deputy White House counsel, was a former Justice Department official under President George W. Bush. A biography on the White House's website says he has argued more than 75 appeals, including the constitutional challenge to President Barack Obama's Affordable Care Act before the Supreme Court.

He would replace the libertarian-leaning Judge Janice Rogers Brown, who retired this summer. The court is influential, in part because of its role in adjudicating many of the orders and laws put forth by the administration. It is sometimes called America's second highest court because it can be a stepping stone to the Supreme Court just a few blocks away.

Katsas, once a law clerk to Justice Thomas, has served in high-ranking Justice Department roles, including as head of the civil division that has responsibility for defending the administration's policies against court challenges. He is part of the steady stream of Jones Day law firm partners who have flowed into the Trump administration, including White House counsel Don McGahn.

So many Jones Day attorneys work in the White House that the counsel's office issued a blanket ethics waiver for them so that they can maintain contact with their former colleagues without running afoul of ethics provisions. The firm's lawyers continue to represent members of the Trump campaign outside the White House.


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