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Costner sculpture dispute heads to SD high court
Legal Career News |
2012/02/24 11:29
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The South Dakota Supreme Court will hear a case involving Hollywood actor Kevin Costner and some bronze sculptures of bison and American Indians.
Justices will review a judge's decision last summer that Costner did not breach a contract with South Dakota artist Peggy Detmers by placing the sculptures at his Tatanka attraction near Deadwood in 2006. Detmers challenged the ruling, and oral arguments are set for March 19 in Vermillion, the Rapid City Journal reported.
Costner filmed much of his Academy-Award-winning movie "Dances with Wolves" in South Dakota. He commissioned the sculptures in the early 1990s for his planned Dunbar resort in South Dakota's Black Hills that still has not been built.
Costner paid Detmers $300,000 for the 17 sculptures. Detmers said she spent more than six years creating the artwork and gave Costner a price break because she anticipated selling smaller sculptures at the resort.
Circuit Judge Randall Macy ruled last July that Detmers indicated her approval of the Tatanka location by participating in the development of the site, the placing of the sculptures there and the opening ceremony. The Tatanka site houses the sculptures and a visitor center. |
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NY appeals court orders NJ programmer's acquittal
Legal Career News |
2012/02/17 18:35
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A federal appeals court on Friday reversed the conviction of a former Goldman Sachs programmer on charges he stole computer code, ordering an acquittal in a case that tested the boundaries of what can be considered a crime as companies seek to protect their intellectual property from competitors.
The unusually speedy mandate from the 2nd U.S. Circuit Court of Appeals in Manhattan will result in freedom for Sergey Aleynikov, of North Caldwell, N.J. He has been in prison since he was sentenced in March to more than eight years in prison. He was convicted in December 2010 of stealing trade secrets and transporting stolen property in interstate and foreign commerce.
A three-judge appeals panel heard arguments on Thursday, but the judges gave no indication that they would reverse the lower court hours later with a terse, one-paragraph order. The 2nd Circuit said it would issue a written ruling "in due course" to explain its decision.
Aleynikov's attorney, Kevin Marino, said he spoke with his client Friday. He said Aleynikov reacted by concluding: "There is justice in the world."
"I could not be happier," Marino said. "It's justice because Sergey Aleynikov did not commit either of the crimes with which he was charged. The government's attempt to stretch this criminal federal statute beyond all recognition resulted in a grave injustice that put Sergey Aleynikov in prison for a year."
In arguments before the 2nd Circuit on Thursday, Marino called it "ridiculous" and "preposterous" that his client was facing eight years in prison because he was found to have information that was not a product that Goldman Sachs sold in interstate and foreign commerce. A prosecutor had asked the court to uphold the conviction, saying protection of trade secrets was the only way companies could retain their technological advantages. |
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High court asked to undo Mont. campaign money ban
Legal Career News |
2012/02/10 13:21
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Corporations are asking the Supreme Court to allow them to spend freely to influence upcoming elections in Montana, despite a state high court ruling upholding a ban on independent corporate campaign spending.
Three groups filed papers with Justice Anthony Kennedy on Friday, saying that the Montana court's decision in December is out of step with Kennedy's majority opinion in the 2010 Citizens United case that struck down a federal ban on independent campaign spending.
The American Tradition Partnership and two other groups sued soon after the 2010 decision to overturn Montana's century-old corporate spending ban. But the state Supreme Court said the Montana law could remain in place because it was a response to political corruption and allows for some corporate spending. |
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HIV-positive man who sued Atlanta gets new hearing
Legal Career News |
2012/02/02 18:01
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A federal appeals court on Wednesday granted a new hearing to a 40-year-old man who claimed the Atlanta Police Department rejected his job application because he has HIV.
The ruling was a victory for gay rights advocates and the health groups who had closely watched the case, which was brought in 2010 by a man using the pseudonym Richard Roe.
Among other findings, the three-judge panel of the 11th U.S. Circuit Court of Appeals said in the ruling that the city lulled Roe into believing he didn't need to prove his HIV was "non-serious." It ordered the judge who dismissed the lawsuit to take another look at that issue and others prompted by the lawsuit.
The ruling was no surprise, as the panel expressed skepticism about the city's arguments during oral arguments last week, and one judge suggested the court had little choice but to send the case back to the federal judge. |
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Occupy DC tries to stave off eviction in court
Legal Career News |
2012/01/31 15:09
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Members of one of the last major Occupy encampments are making a last-minute court effort to stave off eviction from public land in Washington.
A federal judge is hearing arguments Tuesday on a request to bar the National Park Service from enforcing a ban on camping that would affect the Occupy DC sites.
The ban went into effect at noon Monday at the two Occupy encampments at McPherson Square and Freedom Plaza. But protesters still remain there.
A separate request seeks to prevent the police from destroying tents and other belongings of the protesters.
The hearing takes place in U.S. District Court before Judge James Boasberg. |
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US Supreme Court won't review Venezuela suit
Legal Career News |
2012/01/27 14:02
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An Ohio investment group's lawsuit seeking to collect $100 million on three-decade-old Venezuelan promissory notes is headed back to a federal judge for further deliberations.
The decision by the U.S. Supreme Court not to hear the case was a setback for Venezuela, which argued that federal law protects it from U.S. lawsuits because it is a foreign state.
The high court declined on Monday to accept Venezuela's appeal of a 2010 federal appeals court decision that said the suit filed by Skye Ventures of Columbus could go forward in the U.S.
The 6th U.S. Circuit Court of Appeals also said a lower court must determine whether the case should be tried in Venezuela, which will be the next step.
Skye seeks payment on the notes from a defunct government-sponsored bank. |
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