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Tech blogger won't be charged in Apple iPhone case
Lawyer Media News |
2011/08/13 09:30
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Prosecutors said Wednesday that they will not bring charges against a tech blogger who bought an Apple iPhone prototype after it was found at a bar in March 2010 in a case that ignited an unusual First Amendment debate.
San Mateo County Assistant District Attorney Morley Pitt said charges were not filed against Gizmodo.com's Jason Chen or other employees, citing California's shield law that protects the confidentiality of journalists' sources.
The difficulty we faced is that Mr. Chen and Gizmodo were primarily, in their view, engaged in a journalistic endeavor to conduct an investigation into the phone and type of phone it was and they were protected by the shield law, said Pitt.
We concluded it is a very gray area, they do have a potential claim and this was not the case with which we were going to push the envelope.
Chen's house was raided and his computer seized after Gizmodo posted images of the prototype. The website and other media organizations objected, saying the raid was illegal because state law prohibits the seizure of unpublished notes from journalists.
We feel there was not a crime to begin with and still believe that, and are pleased the DA's office has an appropriate respect for the First Amendment, said Thomas J. Nolan Jr., a lawyer for Chen. |
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Appeals court strikes health insurance requirement
Lawyer Media News |
2011/08/13 09:30
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A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.
The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, siding with 26 states that had sued to block the law. But the panel didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.
The states and other critics argued the law violates people's rights, while the Justice Department countered that the legislative branch was exercising a quintessential power.
The decision, penned by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that the individual mandate contained in the Act exceeds Congress's enumerated commerce power.
What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die, the opinion said. |
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Law school graduates sue alma mater over job stats
Topics in Legal News |
2011/08/12 10:39
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Four graduates of Thomas M. Cooley Law School have sued their alma mater, claiming the school misrepresented its post-graduation employment statistics to attract students.
The Lansing State Journal and the Detroit Free Press report the lawsuit was filed Wednesday. The suit in U.S. District Court for the Western District of Michigan by New York law firm Kurzon Strauss seeks class-action status and $250 million in damages.
James Thelen, Cooley's associate dean for legal affairs and general counsel, says the school stands by its post-graduation employment and salary statistics. He says any claims that students or graduates have been misled or legally harmed are baseless.
The Lansing-based school earlier sued the law firm, claiming it was defaming the school in online ads seeking potential plaintiffs who attended Cooley. |
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Law school graduates sue alma mater over job stats
Topics in Legal News |
2011/08/12 10:39
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Four graduates of Thomas M. Cooley Law School have sued their alma mater, claiming the school misrepresented its post-graduation employment statistics to attract students.
The Lansing State Journal and the Detroit Free Press report the lawsuit was filed Wednesday. The suit in U.S. District Court for the Western District of Michigan by New York law firm Kurzon Strauss seeks class-action status and $250 million in damages.
James Thelen, Cooley's associate dean for legal affairs and general counsel, says the school stands by its post-graduation employment and salary statistics. He says any claims that students or graduates have been misled or legally harmed are baseless.
The Lansing-based school earlier sued the law firm, claiming it was defaming the school in online ads seeking potential plaintiffs who attended Cooley. |
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$168 million securities fraud settlement proposed
Legal Marketing News |
2011/08/12 10:38
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The New York State Common Retirement Fund has announced a proposed $168 million settlement of its securities fraud class-action lawsuit against National City Corp. alleging misrepresentations to investors.
State Comptroller Thomas DiNapoli, trustee of the $146.5 billion fund and lead plaintiff, says the defendants agreed to the settlement but admitted no wrongdoing.
PNC Financial Services Group Inc., which bought Cleveland-based National City in 2008, declined to comment.
The suit alleges National City misrepresented the quality of its mortgages and home equity loans and the severity of its losses.
The settlement is expected to go before U.S. District Judge Solomon Oliver Jr. in the Northern District of Ohio for preliminary approval in the next few weeks, with all class members notified after that. |
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2 plead not guilty in SF Giants fan attack
Legal News |
2011/08/11 10:39
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Two men accused of brutally beating a San Francisco Giants fan outside Dodger Stadium pleaded not guilty Wednesday even though prosecutors said they had made admissions in the case.
Louie Sanchez, 28, and Marvin Norwood, 30, entered their pleas during a brief arraignment to charges of mayhem and assault and battery in the March 31 attack of Bryan Stow, a Santa Cruz paramedic who suffered severe brain injuries and remains hospitalized.
Prosecutor Frank Santoro said in court he did not object to a motion to allow television cameras in the courtroom because the case is built on admissions, not witness identifications.
“The case is based on admissions from both of them,” said Santoro, who provided no further details.
He said 20 witnesses had been asked to look at the men, but only one could positively identify Sanchez and no one recognized Norwood. |
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