Appeals court rules Mississippi can resume Google inquiry

Legal Business 2016/04/14 01:20   Bookmark and Share
Mississippi's attorney general can resume an investigation into whether Google facilitates illegal behavior, an appeals court ruled.

The 5th U.S. Circuit Court of Appeals on Friday overturned a district judge who had sided with Google. U.S. District Judge Henry T. Wingate ruled last year that the unit of Alphabet Inc. didn't have to answer a subpoena by Mississippi Attorney General Jim Hood.

Hood began complaining in 2012 that Google wasn't doing enough to prevent people from breaking the law. In October 2014, he sent a 79-page subpoena demanding Google produce information about a wide range of subjects, including whether Google helps criminals by allowing its search engine to lead to pirated music, having its autocomplete function suggest illegal activities and sharing YouTube ad revenue with the makers of videos promoting illegal drug sales. Instead of complying, Google sued.

The appeals court also dissolved the lower judge's injunction that had barred Hood from bringing any civil or criminal lawsuits against the Mountain View, California-based company, saying that a mere subpoena wasn't enough to rule that Hood was acting in bad faith.
top

Court papers: Witness ID'd man in playground shooting

Legal Business 2015/12/02 22:52   Bookmark and Share
A witness's statement and photo identification led to the arrest of a man accused in a playground shootout that wounded 17 people, court papers show.

Joseph "Moe" Allen, 32, faces 17 counts of attempted murder in the Nov. 22 gunfight at Bunny Friend Playground after a neighborhood parade. He's being held in lieu of $1.7 million bond on those charges, and without bond on a Texas warrant accusing him of violating probation.

Defense attorney Kevin Boshea did not immediately return a call and email Monday. Allen's mother, Deborah Allen, told NOLA.com ' The Times-Picayune Sunday night that her son was in Texas the night of the gunfight. Calls to her home on Monday got repeated busy signals.

Police are still trying to identify other people involved in the shooting. Allen's arrest was based on a witness who gave the "name and nickname of one of the many shooters ... in this mass shooting," and then identified Allen in a "six-pack photographic lineup" at the local police station, New Orleans police Detective Chad Cockerham said in a sworn statement.

Allen "was observed walking into Bunny Friend Playground and firing a semi-automatic handgun into the crowd," Cockerham said.

Cockerham described hearing a "barrage of gunfire erupt" at Bunny Friend Playground as police headed there to break up an "unauthorized party."

"They were met with chaos and panic of citizens running in numerous directions across the park as well as throughout the surrounding streets," he wrote, adding that "tires ... were spinning and screeching."

For Allen, the Texas warrant was issued Nov. 25, based on the New Orleans allegations, since travel outside of Texas would violate Allen's parole, said Jason Clark, a spokesman for the Texas Department of Criminal Justice.

top

High Court rules against Northern Ireland's abortion law

Legal Business 2015/12/01 22:51   Bookmark and Share

A Belfast High Court ruling is expected to ease Northern Ireland's strict anti-abortion laws to make it easier for women to terminate pregnancies in some cases.

Abortions are illegal in Northern Ireland except in extreme cases when a woman's life is deemed at risk from her pregnancy. Judge Mark Horner said Monday that certain prohibitions violate the provisions of the European Convention on Human Rights — cases where a fetus has fatal abnormalities or when a woman became pregnant as a result of sexual crimes like rape or incest.

John Larkin, attorney general for Northern Ireland, said he was "profoundly disappointed" by the court's ruling and said he is studying grounds for a possible appeal.

Northern Ireland is part of the United Kingdom, but it has much more restrictive abortion laws than the other regions.

Judge Horner said the present law making it illegal for a mother to terminate her pregnancy where her fetus cannot survive independently once it leaves the womb constitutes a "gross interference with her personal autonomy." He said in such cases "there is no life to protect."

Horner also said the existing law is unfair to victims of sexual crimes who become pregnant.
top

Riley Williams & Piatt, LLC - Indiana Insurance Bad Faith Attorneys

Legal Business 2015/11/17 10:14   Bookmark and Share
Riley Williams & Piatt, LLC was founded as a firm committed to protecting individuals and small businesses that have been wronged by someone or something not following the basic rules of life and causing harm. From individuals injured by prescription drugs to defamed business owners, Riley Williams & Piatt, LCC stands ready to equalize the odds.

When you buy a homeowners' insurance policy or commercial property policy, you expect the insurance company to be on your side when disaster hits. Unfortunately, too often that is not the case. Unfortunately, in Riley Williams & Piatt’s years of representing individuals and businesses, we've seen first-hand how far insurance companies will go to avoid paying your legitimate claim.

With litigation skills and in-depth knowledge of the insurance industry, the attorneys at Riley Williams & Piatt represent individuals and businesses that have been victimized by bad faith tactics or insurance carriers.

If you have already had to file an insurance claim, chances are you already suffered enough. We work to help individuals and businesses make sure they don't suffer again wrongfully at the hands of their insurance company. Contact Riley Williams & Piatt for more information, or submit a Bad Faith insurance claim.

top

Supreme Court considers if Pistorius guilty of murder

Legal Business 2015/11/03 09:35   Bookmark and Share
South Africa's Supreme Court of Appeal grilled Oscar Pistorius' attorney and a prosecutor on Tuesday as it weighed whether to convict him of murder for killing his girlfriend, uphold a lower court's manslaughter conviction or order a retrial.
 
Prosecutors say the North Gauteng High Court erred in convicting Pistorius of the lesser charge, and that the double-amputee Olympian should have known that someone could be killed when he fired four times into a locked toilet cubicle in his home. In the trial last year, prosecutors said Pistorius killed Reeva Steenkamp as she sought shelter in the toilet cubicle during an argument on Valentine's Day 2013. The defense said Pistorius opened fire because he thought an intruder was about to burst out of the toilet.

One of the five appeals court judges noted during the session on Tuesday, broadcast across the country and around the world on live TV, that Pistorius could still be convicted of murder even if he didn't think it was Steenkamp in the cubicle but knew someone was in there. Under the concept of dolus eventualis in South African law, a person can be convicted of murder if they foresaw the possibility of someone dying through their actions and went ahead anyway.

"If you look at the photographs, there's room behind there for a toilet bowl and a person and just about nothing else," Justice Lorimer Leach said to defense lawyer Barry Roux. "There's nowhere to hide. It would be a miracle if you didn't shoot someone."

top

Appeals court upholds injunction halting health mandate

Legal Business 2015/09/19 17:14   Bookmark and Share
A federal appeals court ruled Thursday that President Barack Obama's health care law unjustly burdens religiously affiliated employers by forcing them to help provide insurance coverage for certain contraceptives, even though they can opt out of directly paying for it.
 
The ruling by a three-judge 8th U.S. Circuit Court of Appeals panel in St. Louis upheld lower court decisions that sided with plaintiffs who included three Christian colleges in Missouri, Michigan and Iowa.

The 25-page opinion conflicts with all other federal appellate courts, which have found in the U.S. government's favor.

As religiously affiliated entities, those colleges victorious with Thursday's ruling don't have to pay directly for their workers' birth control. Instead, they can seek an accommodation that requires their insurance providers to pay for it. But the groups still say the scheme makes them complicit in the providing of contraception and subjected them to possible fines for noncompliance.

Circuit Judge Roger Wollman, writing the ruling on the panel's behalf, wrote that the contraceptive mandate and accommodation process of the Affordable Care Act substantially burdens the plaintiffs' exercise of religion.

Those plaintiffs included Heartland Christian College in Newark, Missouri, Dordt College in Sioux Center, Iowa, and Cornerstone University in Grand Rapids, Michigan, as well as Bethel, Missouri-based CNS International Ministries Inc., a nonprofit provider of addiction services.

The Justice Department, which has called the lawsuits meritless and an attempt to prevent female employees from obtaining coverage, defended the federal government in the cases but directed The Associated Press' questions Thursday to the White House, where a statement called the rulings disappointing.

"As all of the other seven U.S. courts of appeals to address this issue have held, the contraceptive accommodation process strikes the proper balance between ensuring women have equal access to health care and protecting religious beliefs," that statement read.

top

◀ PREV : [1] : .. [31] : [32] : [33] : [34] : [35] : [36] : [37] : [38] : [39] : .. [58] : NEXT ▶








Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design