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Penn State: Court should dismiss Spanier's lawsuit
Headline Legal News |
2012/06/15 18:32
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Penn State is asking a judge to dismiss a lawsuit filed against the university by its former president.
Graham Spanier sued May 25 to obtain old emails that he says are necessary to respond to Penn State's child sex-abuse probe.
Documents filed by Penn State on Thursday in Centre County court also argue that Spanier should have first requested the emails under the state's Right-to-Know law.
Penn State is conducting an internal investigation of how the university handled child molestation allegations against former assistant football coach Jerry Sandusky. Sandusky is currently on trial and has denied wrongdoing. |
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NY court limits disclosure in old communist probe
Headline Legal News |
2012/06/09 06:50
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New York's top court on Tuesday ordered the release of more names and records to a writer whose parents were targeted by anti-communist investigators in the New York City school system 57 years ago.
The Court of Appeals, however, is still excluding informants who were promised confidentiality. The seven judges unanimously said history may at some point overtake those promises and more completely peel back the veil of secrecy from that chapter in America's Red Scare.
"The story of the Anti-Communist Investigations, like any other that is a significant part of our past, should be told as fully and as accurately as possible, and historians are better equipped to do so when they can work from uncensored records," Judge Robert Smith wrote. "Perhaps there will be a time when the promise made ... is so ancient that its enforcement would be pointless, but that time is not yet."
Lisa Harbatkin's parents were among more than 1,100 teachers investigated from the 1930s to the 1960s. She has seen interview transcripts with names and personal information blacked out and is seeking complete documents under New York's Freedom of Information Law.
City officials opposed complete disclosure for privacy reasons, offering redacted documents unless those in question or their legal heirs agreed to disclosure. As an alternative, they offered Harbatkin complete accounts if she agreed not to publish the names, a condition she rejected. |
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High court protects Secret Service agents
Headline Legal News |
2012/06/04 16:31
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The Supreme Court ruled Monday that two Secret Service agents are shielded from a lawsuit filed by a man they arrested after a confrontation with then-Vice President Dick Cheney.
The 8-0 decision comes in a case that began with the arrest of Steven Howards following a chance encounter with Cheney at a shopping center in Colorado in 2006. Howards claimed he was arrested because he expressed his anti-war views.
The agents and the Obama administration asked the court for broad protection against claims of retaliatory arrests. The justices did not grant that wish.
But Justice Clarence Thomas said in his opinion for the court that the agents could not be sued in this instance because of uncertainty about the state of the law concerning such arrests.
The decision reversed a ruling by the 10th U.S. Circuit Court of Appeals in Denver to allow Howards' lawsuit to go forward.
Howards, of Golden, Colo., was detained by Cheney's security detail after he told Cheney of his opposition to the war in Iraq. Howards also touched Cheney on the shoulder, then denied doing so under questioning. The appeals court said the inconsistency gave the agents reason to arrest Howards. |
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Court orders woman to stay away from Jeff Goldblum
Headline Legal News |
2012/05/26 21:51
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A judge on Friday granted Jeff Goldblum a temporary restraining order against a woman who has been repeatedly ordered to stay away from the actor in recent years.
Goldblum's attorneys obtained the order against Linda Ransom, 49, after she repeatedly went to the actor's home three times this month. A previous stay-away order against Ransom from 2007 has expired and police claim she has told them that she will not stop trying to meet Goldblum unless a restraining order is in place.
The filings state Ransom has been arrested three times for violating previous restraining orders. Goldblum first alerted authorities to her in 2001 after she attended one of his acting classes and then started waiting outside his home.
"Over the past decade, I have experienced substantial emotional distress due to Ms. Ransom's continuous stalking, harassing, and threatening behavior," Goldblum wrote in a sworn court declaration. |
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Md. highest court recognizes same-sex divorce
Headline Legal News |
2012/05/19 04:33
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Maryland's highest court ruled Friday that same-sex couples can divorce in the state even though Maryland does not yet permit same-sex marriages.
The Court of Appeals ruled 7-0 that couples who have a valid marriage from another state can divorce in Maryland. The case involved two women who were married in California and denied a divorce in 2010 by a Maryland judge.
The ruling may have limited effect because same-sex weddings, and by extension divorces, are set to start in the state in January. However, opponents of the law passed this year are seeking to overturn it in a potential voter referendum in November.
"A valid out-of-state same-sex marriage should be treated by Maryland courts as worthy of divorce, according to the applicable statues, reported cases, and court rules of this state," the court concluded in a 21-page ruling.
It said Maryland courts should withhold recognition of a valid foreign marriage only if that marriage is "repugnant" to state public policy. The court says the threshold is a high bar that has not been met in the case that it ruled on.
Lawyers for the women told the Court of Appeals that is would be unprecedented for the state not to recognize gay marriages performed elsewhere. |
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Court says illegal immigrants can't have guns
Headline Legal News |
2012/05/08 18:19
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A federal appeals court says illegal immigrants don't have a right to own firearms under the U.S. Constitution.
Emmanuel Huitron-Guizar of Wyoming pleaded guilty to being an illegal immigrant in possession of firearms after his arrest last year. He was ordered held by immigration authorities at the Natrona County Detention Center in Wyoming.
An attorney for Huitron-Guizar appealed the case, saying illegal immigrants are not excluded from possessing firearms like felons and people who are mentally ill, and should have the same rights as U.S. citizens to buy a gun for hunting and protection.
The 10th Circuit U.S. Court of Appeals in Denver ruled Monday that illegal immigrants have only limited protection under the Constitution.
Huitron-Guizar's attorney, Ronald Pretty of Cheyenne, Wyo., says he plans to appeal to the U.S. Supreme Court. |
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Designer Louboutin hits back in red sole lawsuit
Headline Legal News |
2012/04/30 16:07
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Renowned French shoe designer Christian Louboutin has defended his court battle to protect his famous red stiletto soles.
Louboutin, who is suing fellow French fashion house Yves Saint Laurent for trademark infringement in a U.S. court, argues that he is not trying to monopolize the color red.
The designer said Monday he is defending his ownership to "a specific color in a specific place" of a shoe.
In an interview with The Associated Press, Louboutin called YSL's parent company PPR hypocritical because one of its brands, Gucci, also claims ownership of a specific color combination — red and green stripes — in its logo.
Louboutin was in London to open a major retrospective exhibition at the Design Museum to mark the 20th anniversary of the brand. |
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