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Court: Movie theaters must accommodate deaf-blind patrons
U.S. Legal News | 2017/10/05 23:51
Federal disability law requires movie theaters to provide specialized interpreters to patrons who are deaf and blind, an appeals court said Friday.

The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled against Cinemark, the nation's third-largest movie chain, in a case involving a Pennsylvania man who wanted to see the 2014 movie "Gone Girl" and asked a Cinemark theater in Pittsburgh to supply a "tactile interpreter." The theater denied his request.

The plaintiff, Paul McGann, is a movie enthusiast who reads American Sign Language through touch. He uses a method of tactile interpretation that involves placing his hands over the hands of an interpreter who uses sign language to describe the movie's action, dialogue and even the audience response.

The federal appeals court concluded Friday that tactile interpreters are covered by the Americans with Disabilities Act, which requires that public accommodations furnish "auxiliary aids and services" to patrons with vision, hearing and speech disabilities.


Court sides with board to keep fracking ban issue off ballot
U.S. Legal News | 2017/10/04 23:51
The Ohio Supreme Court has upheld a county elections board’s decision to reject another ballot measure that would have allowed Youngstown voters to ban the natural gas drilling technique called hydraulic fracturing in their city.
   
The Supreme Court agreed with the elections board in a 4-3 decision issued Friday.
   
Youngstown voters have previously voted down a proposed ban on fracking and fracking-related activities six times.
   
The Mahoning County Board of Elections last month rejected an attempt by fracking opponents to get a proposed charter amendment on the ballot this fall.
   
The Vindicator has reported that the board cited a new state law that says elections boards must invalidate initiative petitions if they seek to change laws that fall outside a local government’s authority to enact them.



Court sides with teacher fired for sex with 18-year-old
U.S. Legal News | 2017/09/13 23:51
The Pennsylvania Supreme Court has upheld a decision that would allow a teacher fired for having sex with an 18-year-old on her graduation night to return to teaching.

The Lebanon Daily News reports the court ruled against the Cornwall-Lebanon School District, which fired social studies teacher Luke "Todd" Scipioni in 2014 after learning details of the sexual relationship that occurred a decade earlier.

An arbitrator said there was no accusation of a sexual relationship prior to the student's graduation and Scipioni was not culpable for any relationship that occurred after that.

The arbitrator said Scipioni should be reinstated after a one-year suspension for not being truthful. A lower court reversed the arbitrator but was overruled by an appeals court. The supreme court upheld the appeals court's decision.


Challenge to $225M Exxon settlement to be heard in court
U.S. Legal News | 2017/09/11 01:12
Environmental groups arguing New Jersey's $225 million settlement with Exxon Mobil short-changed taxpayers are getting their day in appeals court.

The Appellate Court is set to hear arguments on Monday in Trenton.

New Jersey sued Exxon Mobil for natural resources damages at sites across the state in 2004.

A New Jersey judge approved the deal between Republican Gov. Chris Christie's administration and the petroleum company in 2015.

The idea was to hold the company responsible for cleaning up polluted areas, including two oil refineries in Bayonne and Linden and other sites and retail gas stations and to compensate the public for the alleged harm to groundwater and other resources.

Environmental groups say the state settled for pennies on the dollar after earlier estimating the cost at $8.9 billion.



France: Court finds topless photos violated royal’s privacy
U.S. Legal News | 2017/09/04 01:15
A French court ruled Tuesday that photographers and gossip magazine executives violated the privacy of Britain’s Duchess of Cambridge by taking and publishing photographs of the former Kate Middleton sunbathing topless.

The court in a Paris suburb fined two executives of French gossip magazine Closer — owner Ernesto Mauri and executive editor Laurence Pieau — each the maximum of 45,000 euros ($53,500) for such an offense.

The Closer executives, along with two photographers for a celebrity photo agency, were collectively ordered to pay 50,000 euros ($59,500) in damages to Kate and the same amount to her husband, Prince William.

The damage award was substantially below the figure that the magazine’s lawyer said the royals had requested, but the timing of the court’s finding of privacy invasion had particular resonance in Britain.

Last week marked the 20th anniversary of the death of William’s mother, Princess Diana, who was killed in a Paris car accident that occurred while she was being pursued by paparazzi.

The royal couple did not attend the hearing where the verdict was announced. Their office at Kensington Palace said they were pleased the court ruled in their favor and now consider the matter closed.

Kate and William “wished to make the point strongly that this kind of unjustified intrusion should not happen,” the palace said in a statement.



Court file: Michigan girl who killed toddler heard voices
U.S. Legal News | 2017/08/21 15:35
Court documents say an 8-year-old girl accused of killing a toddler at a home daycare in western Michigan earlier this year suffers from "serious mental health" issues, including hearing a demon's voice.

The Department of Health and Human Services filed a petition in Muskegon County Family Court saying the girl, who was also cared for at the home daycare, killed 14-month-old Korey Landon Brown on April 14.

The petition filed last month asks the court to make the girl a temporary ward of the state and to make a decision regarding the girl's placement that protects her brother and other children. The petition says the best placement is Hawthorn Center, a state-run residential psychiatric facility in Northville for children and adolescents.

Chief Assistant Prosecutor Timothy Maat tells MLive the petition was the result of an investigation conducted by multiple agencies.

Korey's mother said that when she went to the daycare to take her children home, she found the boy unresponsive in a playpen and covered with bite marks. His death was ruled a homicide due to multiple injuries, including trauma to his head, other blunt force trauma and possible asphyxiation, according to the petition.


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