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Appeals court: Apple must submit to imposition of monitor
Legal News |
2015/06/02 00:39
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A federal appeals panel has refused to disqualify a court-appointed monitor after a judge found Apple colluded with book publishers in 2010 to raise electronic book prices.
The 2nd U.S. Circuit Court of Appeals in Manhattan ruled against Apple Inc. Thursday. The three-judge panel concluded that a judge did not act improperly when she declined Apple's request to disqualify a monitor she had appointed to evaluate Apple's antitrust policies.
A lawyer for Apple, based in Cupertino, California, did not immediately respond to a request for comment.
The 2nd Circuit did not yet rule on a separate appeal in which Apple is challenging the judge's finding that it colluded with publishers.
After a 2013 civil trial, a judge ordered the technology giant to modify contracts with publishers to prevent price fixing. |
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Duke Energy will be in federal court for coal ash crimes
Legal News |
2015/05/15 12:13
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As the nation's largest electricity company prepares to plead guilty to violating the federal Clean Water Act, Duke Energy has started delivering bottled water to people with tainted wells close to its North Carolina coal ash pits.
Duke has long denied its 32 dumps in the state have contaminated the drinking water of its neighbors, suggesting any worrying chemicals found in the wells is likely naturally occurring.
But recent state-mandated tests found that more than 150 residential wells tested near Duke's dumps have failed to meet state groundwater standards, and residents have been advised not to use their water for drinking or cooking.
Many of the results showed troublesome levels of toxic heavy metals like vanadium and hexavalent chromium — both of which can be contained in coal ash. And some of the residents have retained lawyers.
Duke spokeswoman Erin Culbert told The Associated Press that any homeowner who gets a state letter warning of a tainted well will get safe bottled water from Duke, if they request it.
While denying responsibly for the problem, Culbert said Duke simply wants to provide the homeowners "peace of mind."
Duke is scheduled to plead guilty Thursday to nine environmental crimes as part of a negotiated settlement with federal prosecutors requiring it to pay $102 million in fines and restitution. The proposed settlement over years of illegal pollution leaking from ash dumps at five of Duke's plants has been sealed, so it wasn't clear before the hearing whether people with contaminated well water will benefit. |
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Amanda Knox murder conviction overturned by Italy high court
Legal News |
2015/03/27 16:53
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Italy's highest court overturned the murder conviction against Amanda Knox and her ex-boyfriend Friday over the 2007 slaying of Knox's roommate, bringing to a definitive end the high-profile case that captivated trial-watchers on both sides of the Atlantic. "Finished!" Knox's lawyer Carlo Dalla Vedova exulted after the decision was read out late Friday. "It couldn't be better than this." In a rare decision, the supreme Court of Cassation overturned last year's convictions by a Florence appeals court and declined to order another trial. The judges declared that the two did not commit the crime, a stronger exoneration than merely finding that there wasn't enough evidence to convict. In a statement issued from her home in Seattle, Knox said she was "relieved and grateful" for the decision. "The knowledge of my innocence has given me strength in the darkest times of this ordeal," she said, thanking her supporters for believing in her. Experts have said such a complete exoneration is unusual for the high court, which could have upheld the conviction or ordered a new trial as it did in 2011 when the case first came up to its review on appeal. The justices' reasoning will be released within 90 days. The decision ends the long legal battle waged by Knox and Italian co-defendant Raffaele Sollecito to clear their names in the death of British student Meredith Kercher, after they spent nearly four years in prison immediately after the murder. |
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Mexican Supreme Court orders release of man in 1992 murders
Legal News |
2015/03/20 13:54
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Mexico's Supreme Court on Wednesday ordered the release of a Mexican-American jailed on a homicide conviction since 1992, ruling he had been tortured.
The court's ruling applied to the long-disputed conviction of Alfonso Martin del Campo Dodd in the murder of his sister and brother-in-law. It has been one of Mexico's longest and hardest-fought legal cases.
Lawyers for the dead couple's now-grown daughters criticized Wednesday's ruling, saying it was a blow to victims' rights.
"This is an offense to the victims," said Samuel Gonzalez, a former top anti-drug prosecutor who has helped defend victims' rights. "The victims did not get justice."
The court said police tortured Martin Del Campo Dodd into confessing to the killings, citing administrative proceedings filed against one officer two years after Campo Dodd was arrested. The court said he should be freed "in light of the proof that torture was used to obtain his confession in the two crimes, without there being any other incriminatory evidence."
The Mexican government fought for years to keep Martin Del Campo Dodd in prison despite pressure from abroad to release him. He holds U.S. and Mexican citizenship.
The couple were stabbed to death in their Mexico City home. Martin del Campo Dodd was at the home and said two masked assailants kidnapped him and stuffed him into the trunk of a car, which they later abandoned.
He signed a confession to the killings, but later claimed he did it under torture. He was sentenced to 50 years behind bars for the murder. |
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FTC sues DirecTV, alleges hidden fees and deceptive ads
Legal News |
2015/03/12 11:36
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The government is taking the nation's biggest satellite TV provider to court, accusing DirecTV of misleading millions of consumers about the cost of its programming.
The Federal Trade Commission said Wednesday that its complaint charges DirecTV Inc. with deceptively advertising a discounted 12-month programming package. Consumers weren't clearly told that the package requires a two-year contract, the commission said.
The advertising, the FTC said, did not make clear that the cost of the package would increase by up to $45 more per month in the second year and that hefty early cancellation fees — up to $480 — would apply. The allegations of deceptive advertising date back to 2007 and cover more recent marketing campaigns, such as one in late 2014 that offered the company's subscription service on a limited basis for "only $19.99" a month. |
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Alabama begins issuing marriage licenses to gay couples
Legal News |
2015/02/09 15:34
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Alabama began issuing marriage licenses to same-sex couples Monday despite an 11th-hour attempt from the state's chief justice - an outspoken opponent - to block the weddings.
The U.S. Supreme Court said Monday morning that it wouldn't stop the marriages, and shortly after, probate judges began granting the licenses to couples, some of whom had been lined up for hours and exited courthouses to applause from supporters.
"It's about time," said Shante Wolfe, 21. She and Tori Sisson of Tuskegee had camped out in a blue and white tent and became the first in the county given a license.
Most probate judges issued the licenses despite Chief Justice Roy Moore's Sunday night order that they refuse. It was a dramatic return to defiance Moore, who was removed from the post in 2003 for refusing to obey a federal court order to remove a washing machine-sized Ten Commandments from the state judicial building. Critics lashed out that Moore had no authority to tell county probate judges to enforce a law that a federal judge already ruled unconstitutional.
Susan Watson, executive director of the American Civil Liberties Union of Alabama, said she has heard of four counties where judges have refused to issue marriage licenses to same-sex couples. |
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