|
|
|
California Supreme Court to consider suit over Yelp review
Lawyer Media News |
2016/09/24 22:35
|
The California Supreme Court agreed Wednesday to consider a lawsuit that Yelp.com warns could lead to the removal of negative reviews on the popular website.
The seven-member court voted unanimously Wednesday to take up an appeal by Yelp of a lower court ruling upholding an order requiring Yelp to remove posts against a San Francisco law firm.
Yelp wants the Supreme Court to overturn the ruling, saying that if it's allowed to stand, it will open the door for businesses to force the company to remove critical reviews.
Dawn Hassell, the law firm's managing attorney, says the business review website is exaggerating the stakes of her legal effort. She says it aims only to remove from Yelp lies by a former client that a judge determined were defamatory, not just negative.
Hassell referred comment Wednesday to her attorney, Monique Olivier, who said in a statement she was not surprised the Supreme Court has taken up the case given the "amount of attention" it has received.
"This case is not one of a 'bad review' " she said. "It is a case where a court adjudicated statements to be defamatory after receiving and reviewing evidence about the falsity of those statements."
Aaron Schur, Yelp's senior director of litigation, said the company looked forward to explaining to the court "how the lower court's decision is ripe for abuse, contradicts longstanding legal principles, and restricts the ability of websites to provide a balanced spectrum of views online." |
|
|
|
|
|
|
Bosnian Serbs vote in referendum banned by top court
Headline Legal News |
2016/09/23 22:35
|
Bosnian Serbs on Sunday voted in a referendum banned by the country's constitutional court, risking Western sanctions against their autonomous region and criminal charges against their leaders.
The vote was whether to keep Jan. 9 as a holiday in Republika Srpska, commemorating the day in 1992 that Bosnian Serbs declared the creation of their own state, igniting the ruinous 1992-95 war. It comes despite the top court's ruling that the date, which falls on a Serb Christian Orthodox religious holiday, discriminates against Muslim Bosniaks and Catholic Croats in Bosnia.
Authorities said turnout was between 56 and 60 percent. Preliminary results after 30.76 percent of the ballots were counted say 99.8 percent of the voters were in favor of the holiday.
The vote has raised tensions and fears of renewed fighting as Bosniaks and Croats see the referendum as an attempt to elevate the Serb region above the country's constitutional court. It is also a test for a more serious referendum that Bosnian Serb leaders have announced for 2018 — one on independence from Bosnia.
|
|
|
|
|
|
|
DC gun law gets hearing before Washington appeals court
Court Line News |
2016/09/22 22:35
|
An appeals court will hear challenges to a District of Columbia law that places tough requirements for gun owners to get concealed carry permits.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit is hearing arguments Tuesday in two cases involving the law, which requires people who want to carry a gun in public to show a "good reason to fear injury" or another "proper reason" to carry the weapon. Reasons might include a personal threat, or a job that requires a person to carry or protect cash or valuables. Lower court judges have disagreed on whether the law is constitutional.
The hearing is the latest in a long-running tussle over the city's gun laws. Eight years ago, the U.S. Supreme Court struck down the city's ban on handguns, leading the city to rewrite its gun laws. City law now requires residents to register guns kept at their homes or businesses; more than 16,500 guns have been registered, according to police.
Anyone who wants to carry a weapon outside the home needs a separate concealed carry license. The police department said last week that 89 people have been granted concealed carry permits and 374 have been denied.
In March, U.S. District Court Judge Colleen Kollar-Kotelly sided with the city and declined to issue a preliminary injunction halting the enforcement of the law requiring a "good reason" or "proper reason" for anyone who wants to carry a gun in public. Kollar-Kotelly said opponents had not shown that their lawsuit was likely to be successful. She noted that appeals courts in other parts of the country had approved of laws in New York, New Jersey and Maryland that are similar to the District of Columbia's.
|
|
|
|
|
|
|
Court rules man treated for mental illness can have a gun
Court Line News |
2016/09/20 22:34
|
A Michigan man who can't buy a gun because he was briefly treated for mental health problems in the 1980s has won a key decision from a federal appeals court, which says the burden is on the government to justify a lifetime ban against him.
The Second Amendment case was significant enough for 16 judges on the 6th U.S. Circuit Court of Appeals to participate. Cases usually are heard only by three-judge panels.
Clifford Tyler, 74, of Hillsdale said his constitutional right to bear arms is violated by a federal law that prohibits gun ownership if someone has been admitted to a mental hospital.
In 1985, Tyler's wife ran away with another man, depleted his finances and filed for divorce. He was deeply upset, and his daughters feared he was a danger to himself.
Tyler was ordered to a hospital for at least two weeks. He subsequently recovered, continued working for another two decades and remarried in 1999.
"There is no indication of the continued risk presented by people who were involuntarily committed many years ago and who have no history of intervening mental illness, criminal activity or substance abuse," Judge Julia Smith Gibbons wrote in the lead opinion.
The court on Thursday sent the case back to the federal court in Grand Rapids where the government must argue the merits of a lifetime ban or the risks of Tyler having a gun.
Gibbons suggests Tyler should prevail, based on his years of good mental health. |
|
|
|
|
|
|
Pakistan court adjourns case of British woman's murder
Legal Marketing News |
2016/09/18 15:34
|
A Pakistani court on Saturday adjourned the case of a British-Pakistani woman's murder until Sept. 23 to give police more time to finalize charges against her father and ex-husband, who are accused of slaying her in the name of honor, police and lawyers said.
Police brought both men before the court in Jhelum as they covered their faces. They avoided most questions from journalists. However, when pressed, the woman's father, Mohammad Shahid, told reporters that the accusations are "all lies."
"The police arrested me, police charged me, you go to police station and check my report, check my statement," Shahid said.
The death of 28-year-old Samia Shahid has shocked the nation as the latest alleged case of so-called "honor killings" in Pakistan. The Bradford native's death while visiting Pakistan in July was originally declared to be from natural causes.
But Shahid's second husband, Mukhtar Kazim, publicly accused her family of killing her. The case was reopened and a police probe quickly concluded that Shahid's death was a "premeditated, cold-blooded murder," according to a police statement.
Police allege that Mohammed Shahid stood guard while his daughter's ex-husband, Mohammed Shakeel, raped her. The men then both strangled her, according to police.
Defense lawyer Mohammed Arif dismissed the police allegations as a baseless, saying his clients have been wrongly accused. He said he will appeal another court's recent rejection of bail for Mohammed Shahid.
|
|
|
|
|
|
|
Appeals court orders judge to expunge woman's convictions
Lawyer Media News |
2016/09/16 15:34
|
A state appeals court has overruled a western Indiana judge and ordered him to expunge a woman's convictions despite his disgust for her crimes.
The Indiana Court of Appeals ruled 2-1 last week that Jay Circuit Judge Brian Hutchison must expunge the convictions of 35-year-old Mindy M. McCowan of Dunkirk for forgery in 2003 and for dealing methamphetamine in 2004.
The ruling said McCowan was released from prison in 2007 and completed probation in 2010. She has since maintained employment and earned an associate's degree and professional certifications.
The Star Press reports Hutchison declined to expunge the convictions last November, saying he has drug cases before him every day and he wasn't "doing favors for people who are causing these problems in Jay County."
|
|
|
|
|
|
Legal News RSS Feed
