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North Dakota decisions end Fighting Sioux nickname
Court Feed News | 2010/04/09 13:36

The Fighting Sioux nickname is gone for good at the University of North Dakota.

On Thursday, decisions by North Dakota's Supreme Court and Board of Higher Education led to the retirement of the long-disputed nickname.

The court ruled that the board had the authority to dump the nickname at any time. The court rejected an appeal that sought to delay action.

The board had voted last May to retire the nickname. A motion Thursday to reconsider that vote died.

Board president Richie Smith says he thinks no further action is required to end the nickname.

The court agreed to hear an expedited appeal after university officials pleaded with the board to decide the issue quickly so the school could pursue admission to the Summit League.



US court rules against FCC on `net neutrality'
Court Feed News | 2010/04/06 15:52
A federal appeals court ruled Tuesday that the Federal Communications Commission lacks the authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks.

The ruling by the U.S. Court of Appeals for the District of Columbia is a big victory for Comcast Corp., the nation's largest cable company. It had challenged the FCC's authority to impose so-called "net neutrality" obligations on broadband providers.

The ruling also marks a serious setback for the FCC, which is trying to officially set net neutrality regulations. FCC Chairman Julius Genachowski argues that such rules are needed to prevent phone and cable companies from using their control over Internet access to favor some online content and services over others.

The decision also has serious implications for the massive national broadband plan released by the FCC last month. The FCC needs clear authority to regulate broadband in order to push ahead with some its key recommendations, including a proposal to expand broadband by tapping the federal fund that subsidizes telephone service in poor and rural communities.

The court case centered on Comcast's challenge of a 2008 FCC order banning the company from blocking its broadband subscribers from using an online file-sharing technology known as BitTorrent. The commission, at the time headed by Republican Kevin Martin, based its order on a set of net-neutrality principles it adopted in 2005 to prevent broadband providers from becoming online gatekeepers. Those principles have guided the FCC's enforcement of communications laws on a case-by-case basis, and now Genachowski is trying to formalize those rules.



Drug lab suspect in Calif. court for other case
Court Feed News | 2010/04/06 11:53
A former technician accused of skimming drugs from San Francisco's crime lab has appeared in court for an unrelated drug case.

Deborah Madden pleaded not guilty Monday to a felony cocaine possession charge in San Mateo County Superior Court.

The case is due back in court May 18.

The 60-year old Madden was arrested on March 3 after authorities investigating the disappearance of drugs at the San Francisco police lab found one-tenth of a gram of cocaine and a gun at her San Mateo home.

She remains free on $10,000 bail.

Madden has not been charged in the drug lab probe.



Triple Murder Suspect Tries to Plead Guilty
Court Feed News | 2010/04/05 13:51
One of the suspects in a brutal Connecticut home invasion that left a mother and her two daughters dead has asked a judge to allow him to plead guilty, but his lawyers objected due to concerns over his mental state. Steven Hayes asked to plead guilty during a competency hearing last week.

The competency hearing was scheduled after Hayes attempted to kill himself on January 30.

Prosecutors are seeking the death penalty for Hayes and Joshua Komisarjevsky for the murders and sexual assaults of Jennifer Hawke-Petit and her daughters, 11-year-old Michaela and 17-year-old Hayley. Dr. William Petit survived the home invasion attack.

If Hayes, 46, is allowed to plead guilty, under Connecticut law a jury or a three-judge panel would determine his sentence.



NY court revives Tiffany's false ad claim vs. eBay
Court Feed News | 2010/04/02 15:15
EBay Inc. might be violating false-advertising laws if it does not warn consumers that some items billed as upscale jeweler Tiffany Co.'s products by sellers on its Web site are not authentic, a federal appeals court said Thursday.

But online auction site operator eBay won significant victories in rulings by the 2nd U.S. Circuit Court of Appeals that said it did not engage in trademark infringement or trademark dilution in its use of jeweler Tiffany & Co.'s trademarks. Those rulings upheld the findings of a lower court judge.

Tiffany sued eBay in 2004, saying eBay engaged in trademark infringement, trademark dilution and false advertising because most items that sellers list for sale as genuine Tiffany products on its sites were fakes.

The appeals court left in place a finding by the lower court that eBay did not violate false advertising laws but returned the case to the judge to consider that issue again.

The three-judge panel said in its written ruling that it had difficulty with the lower court's reliance in its ruling on eBay's assertions that it did not know which listings offered counterfeit Tiffany goods. The 2nd Circuit noted that eBay advertised the goods sold through its site as Tiffany merchandise.



Officer expected to plead guilty in Katrina probe
Court Feed News | 2010/04/02 10:16
A third New Orleans police officer charged in a cover-up of a deadly shooting by police in the aftermath of Hurricane Katrina is expected to plead guilty, a person familiar with the case said Tuesday.

A filing Tuesday in U.S. District Court charges the officer, Michael Hunter, 33, of Slidell, with one count of conspiracy to obstruct justice and one count of misprision of a felony.

The charges are part of a deal under which Hunter has agreed to help in the investigation of a cover-up after police shot six people — killing two — at the Danziger Bridge in September 2005, according to the person familiar with the case, who was not authorized to discuss it and spoke on condition of anonymity.

Hunter is scheduled to make his initial court appearance on April 7. He faces a possible maximum sentence of eight years in prison and a $500,000 fine. Townsend Myers, a lawyer for Hunter, wouldn't immediately comment.

Hunter remains on the force, but he is assigned to desk duty. Police spokesman Bob Young said Tuesday that Hunter was expected to resign before pleading guilty.

Michael Lohman, a retired lieutenant, and Jeffrey Lehrmann, a former detective, earlier pleaded guilty to participating in the cover-up.



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