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Paralyzed Calif. man loses high court appeal
Court Watch News |
2008/11/17 18:50
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| A paralyzed man who has sued hundreds of businesses over accommodations for the disabled lost his Supreme Court appeal Monday to get out from under a court order requiring special permission to file new lawsuits.pJarek Molski has been labeled a vexatious litigant by federal courts in California because he has filed roughly 400 lawsuits alleging that restaurants and other businesses are in violation of the federal Americans with Disabilities Act. Molski is paralyzed from the chest down and uses a wheelchair./ppThe justices rejected his case without comment./ppMolski frequently complains about the lack of handicapped van parking, counters that are too high, narrow doorways and grab-bars installed too high or low in bathrooms. In addition, he often says he was injured in the course of his visit. Targeted business owners often have settled out of court rather than pay attorneys and take the time to fight the lawsuits./ppA federal judge in Los Angeles described the lawsuits as extortion. The San Francisco-based 9th U.S. Circuit Court of Appeals upheld the ruling that Molski was an abusive litigant, although it noted that many of the establishments he sued probably were violating federal law./ppOn the other hand, the district court had ample basis to conclude that Molski trumped up his claims of injury, the appeals court said./ppThe case is Molski v. Evergreen Dynasty Corp., 08-38. /p |
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Supreme Court wrestles with TV profanity case
Court Watch News |
2008/11/04 14:07
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| The Supreme Court spent an hour on Tuesday talking about dirty words on television without once using any or making plain how it would decide whether the government could ban them.pThe dispute between the broadcast networks and the Federal Communications Commission is the court's first major broadcast indecency case in 30 years./ppAt issue is the FCC's policy, adopted in 2004, that even a one-time use of profanity on live television is indecent because some words are so offensive that they always evoke sexual or excretory images. So-called fleeting expletives were not treated as indecent before then./ppThe words in question begin with the letters F and S. The Associated Press typically does not use them./ppChief Justice John Roberts, the only justice with young children at home, suggested that the commission's policy is reasonable. The use of either word, Roberts said, is associated with sexual or excretory activity. That's what gives it its force./ppJustice John Paul Stevens, who appeared skeptical of the policy, doubted that the f-word always conveys a sexual image./p |
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Chicago torture victims face uphill legal battle
Court Watch News |
2008/10/27 19:42
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| Melvin Jones says he screamed and begged for mercy as Chicago police touched metal clips to his feet and thighs, churned a hand-cranked device and sent shock waves of electricity through his body more than 25 years ago.pHe says he was told the torture would stop when he confessed to murder./ppJones is among the dozens of alleged torture victims who have little hope of winning compensation, despite the arrest this week of a former police commander who officials say lied about the abuse./ppSome have already completed prison terms for crimes they claim they confessed to only after police beat or electrocuted them. More than 20 remain in prison./ppBut the indictment of former police Lt. Jon Burge — while a moral victory — is unlikely to spring anyone from prison soon or prompt any quick settlement of claims for damages, lawyers for alleged torture victims say./ppThe state attorney general's office hasn't agreed to new trials for those claiming coerced confessions and the city opposes paying damages to alleged victims, they say./p |
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Ohio top court mulls Planned Parenthood files
Court Watch News |
2008/10/08 07:19
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| Ohio Supreme Court justices appeared skeptical Tuesday that an abortion clinic's medical records on other patients are relevant to a lawsuit brought by parents of a 14-year-old girl who had an abortion without their consent.pLawyers for the girl's family argued that the information they seek is necessary to prove that Planned Parenthood of Cincinnati had a pattern of violating Ohio's parental consent law and failing to report abuse. The unusual case pits a single plaintiff against the privacy interests of a decade's worth of patients./ppPlanned Parenthood attorney Daniel Buckley says the clinic has a legal obligation to protect the privacy of its clients' records./ppCharles Miller, an attorney for the parents, told the justices the plaintiffs seek only three facts about other minors treated at the clinic: the girl's age, whether she had a sexually transmitted disease, and whether she entered the clinic pregnant. He said about 200 cases a year would be involved./ppChief Justice Thomas Moyer questioned how any of those three details would advance the family's case for damages./ppWhere's the linkage? he asked./ppThe court did not indicate when it would rule./ppThe case involves a girl who was 14 at the time of her abortion in 2004, when the state's parental consent law had not been completely settled by the courts. She had been impregnated by her 21-year-old youth soccer coach, John Haller./ppThe family's lawsuit accuses the Planned Parenthood clinic of failing to get parental consent, report suspected abuse or to inform the girl of risks and alternatives. It seeks unspecified damages./ppCourt records say the girl gave Haller's cell phone number as her father's, and clinic officials thought they had reached the father when they called inquiring about parental consent. Haller was later convicted on seven counts of sexual battery./ppAn appeals court ruled last year that records on other patients weren't necessary for the family's lawsuit./p |
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High court could block 'light' cigarettes lawsuit
Court Watch News |
2008/10/07 07:12
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| div class=articleThe Supreme Court picked up Monday where it left off last term, signaling support for efforts to block lawsuits against tobacco companies over deceptive marketing of light cigarettes. pThe first day of the court's new term, which is set in law as the first Monday in October, included denials of hundreds of appeals. Chief Justice John Roberts opened the new session in a crowded courtroom that included retired Justice Sandra Day O'Connor./ppLast term, the justices handed down several opinions that limited state regulation of business in favor of federal power. Several justices posed skeptical questions in this term's first case, whether federal law prevents smokers from using consumer protection laws to go after tobacco companies for their marketing of light and low tar cigarettes./ppThe companies are facing dozens of such lawsuits across the country./ppThe federal cigarette labeling law bars states from regulating any aspect of cigarette advertising that involves smoking and health./ppHow do you tell it's deceptive or not if you don't look at what the relationship is between smoking and health?, Chief Justice John Roberts said during oral arguments on the case./ppThree Maine residents sued Altria Group Inc. and its Philip Morris USA Inc. subsidiary under the state's law against unfair marketing practices. The class-action claim represents all smokers of Marlboro Lights or Cambridge Lights cigarettes, both made by Philip Morris./ppThe lawsuit argues that the company knew for decades that smokers of light cigarettes compensate for the lower levels of tar and nicotine by taking longer puffs and compensating in other ways./ppA federal district court threw out the lawsuit, but the 1st U.S. Circuit Court of Appeals said it could go forward./ppThe role of the Federal Trade Commission could be important in the outcome. The FTC is only now proposing to change rules that for years condoned the use of light and low tar in advertising the cigarettes, despite evidence that smokers were getting a product as dangerous as regular cigarettes./p/div |
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J.K. Rowling Smites Copyright Violator
Court Watch News |
2008/09/09 07:02
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J.K. Rowling vanquished the forces of darkness Monday when a federaljudge permanently enjoined RDR Books from publishing The Harry PotterLexicon, a guidebook to Rowling's best-selling series. U.S. DistrictJudge Robert Patterson Jr. blocked also ordered RDR to pay $6,750 instatutory damages.
Steven Jan Vander Ark, a librarian andHarry Potter fan, thus cannot publish his guide to Rowling's series,for which he said there was a considerable demand. Warner Bros., whichmade the Harry Potter movies, joined Rowling in suing for copyrightviolations.
The ruling came 5 months after a 4-day trial,during which Rowling described the Lexicon as wholesale theft of 17years of my hard work.
The next day at trial, Vander Ark sobbed on the stand, clearly upset that he had annoyed Rowling.
Judge Patterson found that RDR Books failed to establish its affirmative defense of fair use. a href=http://www.courthousenews.com/2008/09/09/Rowling.pdfimg src=http://www.courthousenews.com/document.ico border=0 alt=//a |
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Ninth Circuit rules on 'no-fly' list
Court Watch News |
2008/08/20 07:07
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The US Court of Appeals for the Ninth Circuit ruled Monday that those placed on the government's no-fly list can challenge their inclusion on the list in federal district courts. The issue came before the court in a case brought by a woman on the list, in which a district court had ruled that it lacked jurisdiction because of a law exempting Transportation Security Administration orders from federal trial court review. Reversing the decision, the Ninth Circuit held that the Terrorist Screening Center which actually maintains the list is a subsection of the Federal Bureau of Investigation and is therefore subject to review by the district courts:
blockquoteOur interpretation of section 46110 is consistent not merely with the statutory language but with common sense as well. Just how would an appellate court review the agency’s decision to put a particular name on the list? There was no hearing before an administrative law judge; there was no notice-and comment procedure. For all we know, there is no administrative record of any sort for us to review. So if any court is going to review the government’s decision to put Ibrahim’s name on the No-Fly List, it makes sense that it be a court with the ability to take evidence./blockquoteThe court also held that the woman could not bring two related claims because they were “inescapably intertwined” with TSA orders. The San Francisco Chronicle has more.
In July, the US terror watchlist, which includes the no-fly list, was criticized by the American Civil Liberties Union for being too large, containing inaccuracies, and lacking safeguards to prevent the unnecessary targeting of passengers for additional security screenings. In March, the US Department of Justice Office of the Inspector General issued a report saying that FBI had submitted inaccurate information to the list, that the information was rarely reviewed before its submission, and even if discrepancies become apparent they were often left unchanged. In response to the audit, FBI Assistant Director John Miller said that the agency was working with the DOJ and other partner agencies to ensure the proper balance between national security protection and the need for accurate, efficient, and streamlined watchlist processes. |
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