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Seals can keep using San Diego children's beach, court says
Breaking Legal News |
2018/06/08 14:08
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A California appeals court has upheld a San Diego city ordinance that closes a picturesque children's beach for nearly half the year so that seals may give birth, nurse and wean their pups.
In a decision filed Thursday, the 4th District Court of Appeal reversed a lower court ruling that set aside the ordinance governing Children's Pool Beach in La Jolla, an affluent seaside community in San Diego.
Thursday's ruling will allow for the beach to continue to be closed between Dec. 15 and May 15 every year. Violators face misdemeanor penalties of up to $1,000 in fines or six months in jail.
The Children's Pool is an artificial cove that was used as a swimming hole for youngsters until seals began moving in during the 1990s — spurring a yearslong feud between supporters of the animals and those who want beach access.
In 2014, the City Council approved closing the beach for part of the year after concluding that other efforts to protect the seals during their breeding season haven't worked. The California Coastal Commission issued a permit allowing that action.
Visitors to the area often walk up to the seals, pose for selfies with them and mimic the barking noise they make. When they're disturbed, seals can abandon their pups, give birth prematurely or miscarry, or become frightened and accidentally stampede babies. They've also nipped at humans.
The group Friends of the Children's Pool sued San Diego and the coastal commission, arguing that the Marine Mammal Protection Act and California Coastal Act give the federal government jurisdiction over marine mammals, not local governments. The group won a trial court ruling in the matter.
The appeals court rejected the group's argument and the lower court's ruling, saying nothing in the protection act pre-empts a state's ability to regulate access to its own property. |
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Top Texas court says condemned inmate not mentally disabled
Breaking Legal News |
2018/06/07 13:17
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Texas' highest criminal court narrowly ruled Wednesday that a death row inmate is mentally capable enough to execute, despite a U.S. Supreme Court ruling that his intellectual capacity had been improperly assessed and agreement by his lawyer and prosecutors that he shouldn't qualify for the death penalty.
In a 5-3 ruling with one judge not participating, the Texas Court of Criminal Appeals said it reviewed the case of convicted killer Bobby James Moore under guidance from the Supreme Court's March 2017 decision and determined that Moore isn't intellectually disabled based on updated standards from the American Psychiatric Association.
"It remains true under our newly adopted framework that a vast array of evidence in this record is inconsistent with a finding of intellectual disability," the Texas court's majority wrote. "We conclude that he has failed to demonstrate adaptive deficits sufficient to support a diagnosis of intellectual disability."
The Supreme Court last year said the state court used outdated standards to reach its earlier decision on Moore. In a lengthy dissent joined by judges Bert Richardson and Scott Walker, Judge Elsa Alcala wrote that the majority got it wrong. "The majority opinion's assessment of the evidence in this record is wholly divorced from the diagnostic criteria that it claims to adhere to," she wrote.
The ruling came despite Harris County prosecutors telling the court they believed Moore is mentally disabled and shouldn't be found eligible for the death penalty. Cliff Sloan, who argued Moore's case before the Supreme Court, said Wednesday's ruling was "inconsistent" with the high court's decision.
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Trump travel ban is focus of Supreme Court's last arguments
Breaking Legal News |
2018/04/25 10:41
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President Donald Trump's ban on travelers from several mostly Muslim countries is the topic of arguments Wednesday at the Supreme Court, with a Trump administration lawyer facing questions during the first half of arguments.
The travel ban case is the last case the justices will hear until October.
A little over 20 minutes into arguments, Justice Anthony Kennedy asked Solicitor General Noel Francisco, who was defending the ban, whether statements Trump made during the presidential campaign should be considered in evaluating the administration's ban. Francisco told the justices that they shouldn't look at Trump's campaign statements, which included a pledge to shut down Muslim entry into the U.S.
But Kennedy, whose vote is pivotal in cases that divide the court along ideological lines and whose vote the administration will almost certainly need to win, pressed Francisco on that point. Speaking of a hypothetical "local candidate," he asked if what was said during the candidate's campaign was irrelevant if on "day two" of his administration the candidate acted on those statements.
The Trump administration is asking the court to reverse lower court rulings striking down the ban. The policy has been fully in effect since December, but this is the first time the justices are considering whether it violates immigration law or the Constitution.
The court will consider whether the president can indefinitely keep people out of the country based on nationality. It will also look at whether the policy is aimed at excluding Muslims from the United States.
People have been waiting in line for a seat for days, and on Wednesday morning opponents of the ban demonstrated outside the court holding signs that read "No Muslim Ban. Ever." and "Refugees Welcome," among other things. In another sign of heightened public interest, the court is taking the rare step of making an audio recording of the proceedings available just hours after the arguments end. The last time the court did that was the gay marriage arguments in 2015. |
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Court won't reconsider making public family slain autopsies
Breaking Legal News |
2018/04/24 10:42
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The Ohio Supreme Court on Wednesday once again rejected requests for unredacted autopsy reports from the unsolved slayings of eight family members.
The court ruled 5-2 without comment against reconsidering its December decision that the Pike County coroner in southern Ohio does not have to release the reports with complete information.
The case before the court involved seven adults and a teenage boy from the Rhoden family who were found shot to death at four homes near Piketon, in rural southern Ohio, on April 22, 2016. No arrests have been made or suspects identified.
Heavily redacted versions of the autopsy reports released in 2016 showed all but one of the victims were shot multiple times in the head, but details about any other injuries and toxicology test results weren't released.
In the 4-3 December ruling, Chief Justice Maureen O'Connor, writing for the majority, said Ohio law regarding coroner records clearly exempts the redacted material as "confidential law enforcement investigatory records."
Once a criminal investigation ends, confidential information in autopsy reports can become public records, but the process leading to a suspect can sometimes take time, O'Connor wrote. |
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Lake County courts to switch to online filing system in May
Breaking Legal News |
2018/04/20 10:44
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Court officials in northwestern Indiana's Lake County plan to switch next month to an online filing system that's already used by nearly three-quarters of Indiana's counties.
Lake County's circuit and superior courts will switch May 21 to the Odyssey case management system that's supported by the Indiana Supreme Court. Courts in 65 of Indiana's 92 counties currently use that state-funded system.
Mark Pearman is executive director of Lake County's Data Processing Department. He tells The (Northwest Indiana) Times the state is providing the county with the Odyssey software at no cost.
Pearman says that in August, new cases filed with the Lake County Clerk's Office will be scanned into the Odyssey system. The county's court system is scheduled to switch to a completely paperless record system in January.
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Supreme Court rejects anti-abortion pastor's appeal on noise
Breaking Legal News |
2018/04/16 05:38
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The Supreme Court won't hear an appeal from a pastor who challenged a state law's noise limit that was used to restrict his anti-abortion protest outside a Planned Parenthood clinic in Portland, Maine.
The justices offered no comment Monday in rejecting the appeal from the Rev. Andrew March. He sued after he said Portland police officers repeatedly told him to lower his voice while he was protesting outside the clinic. March says police invoked a part of the Maine Civil Rights Act that applies to noise outside health facilities.
March says the law "targets pro-life advocates" in violation of the Constitution. A district judge temporarily blocked its enforcement, but the federal appeals court in Boston reversed that ruling.
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Zuckerberg Flubs Details of Facebook Privacy Commitments
Breaking Legal News |
2018/04/13 12:13
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Over two days of questioning in Congress, Facebook CEO Mark Zuckerberg chief revealed that he didn’t know key details of a 2011 consent decree with the Federal Trade Commission that requires Facebook to protect user privacy.
With congressional hearings over and no immediate momentum behind calls for regulation, the biggest hammer still hanging over Facebook in the U.S. is a fresh FTC investigation . The probe follows revelations that pro-Trump data-mining firm Cambridge Analytica acquired data from the profiles of millions of Facebook users. Facebook also faces inquiries in Europe.
The 2011 agreement bound Facebook to a 20-year privacy commitment , and any violations of that pact could cost Facebook a ton of money, even by its flush-with-cash standards. If Zuckerberg’s testimony before Congress is any indication, the company might have something to worry about.
Zuckerberg repeatedly assured lawmakers Tuesday and Wednesday that he believed Facebook is in compliance with that 2011 agreement. But he also flubbed simple factual questions about the consent decree.
“Congresswoman, I don’t remember if we had a financial penalty,” Zuckerberg said under questioning by Colorado Rep. Diana DeGette on Wednesday.
“You’re the CEO of the company, you entered into a consent decree and you don’t remember if you had a financial penalty?” she asked. She then pointed out that the FTC doesn’t have the authority to issue fines for first-time violations.
In response to questioning by Rep. Mike Doyle of Pennsylvania, Zuckerberg acknowledged: “I’m not familiar with all of the things the FTC said.”
Zuckerberg also faced several questions from lawmakers about how long it takes for Facebook to delete user data from its systems. He didn’t know.
The 2011 consent decree capped years of Facebook privacy mishaps, many of which revolved around its early attempts to follow users and their friends around the web. Any violations of the 2011 agreement could subject Facebook to fines of $41,484 per violation per user per day. To put that in context, Facebook could theoretically owe $8 billion for one single day of a violation affecting all of its American users.
The current FTC investigation will look at whether Facebook engaged in “unfair acts” that cause “substantial injury” to consumers. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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