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North Carolina court allows case against dance instructors
Legal Interview | 2018/04/12 02:11
North Carolina's highest court says dance instructors who glided away to a competing dance studio can still be sued by the employer who wrangled the foreign-born pair's permission to work in the United States.

Happy Dance Inc. studio owner Michael Krawiec said Wednesday he's not yet discussed with his lawyer how to proceed after last week's ruling by the state Supreme Court.

The court decided breach of contract and other claims can continue against two dance instructors from Bosnia and Serbia, but the Charlotte studio that hired them away is largely out of the woods.

U.S. dance studios face a chronic search for instructors and have filled the gap by importing foreign workers from Eastern Europe and other countries where learning to waltz or tango is part of growing up.



Lawyer tells Australian court Geoffrey Rush barely eating
Court Issues | 2018/04/11 02:10
Oscar-winning actor Geoffrey Rush has become virtually housebound, barely eats and wakes each morning with a "terrible sense of dread" since a Sydney newspaper alleged inappropriate behavior toward an actress, his lawyer swore in an affidavit.

Lawyer Nicholas Pullen's affidavit submitted to the Australian Federal Court in Sydney on Monday said the 66-year-old Australian actor had suffered "tremendous emotional and social hardship" since The Daily Telegraph accused him in December of inappropriate behavior toward actress Eryn Jean Norvill during the Sydney Theatre Company's production of "King Lear" in 2015.

Rush has denied the allegation. He is suing the newspaper over the articles, which he says portray him as a pervert and sexual predator. Details of the alleged behavior remain vague.

Rush "suffers lack of sleep and anxiety requiring medication" and believes his worth to the entertainment industry "is now irreparably damaged," his lawyer wrote.

He rarely left home in the three months after the articles and "has been virtually housebound," his lawyer said.

Rush "has lost his appetite and barely eats" and "wakes up every morning with a terrible sense of dread about his future career," Pullen added.

Rush has performed in the Sydney Theatre Company for 35 years. He won the 1997 best actor Academy Award for "Shine" and has three other Oscar nominations. He is perhaps best known as Captain Barbossa in the "Pirates of the Caribbean" films.


Court to decide if drug use while pregnant is child abuse
Court Watch | 2018/04/10 02:10
Pennsylvania's highest court will decide whether a woman's use of illegal drugs while pregnant qualifies as child abuse under state law.

The Supreme Court recently took up the case of a woman who tested positive for suboxone and marijuana at the time she gave birth early last year at Williamsport Hospital.

A county judge ruled that did not qualify as child abuse under the state's Child Protective Services Law, but the intermediate Superior Court said drug use while pregnant can make bodily injury to a child likely after birth.

Court records indicate the child spent 19 days in the hospital being treated for drug dependence, exhibiting severe withdrawal symptoms.

"Mother's actions were deplorable but this court must follow the law," wrote Clinton County Judge Craig Miller in May, ruling the county child welfare agency had not established child abuse occurred.

The mother's lawyers argue lawmakers never intended the child protection law to apply to acts during pregnancy.

"No one thinks using drugs while pregnant is good, but using the criminal justice system and the civil child abuse system to punish people for doing so just makes a bad situation much, much worse," said the woman's lawyer, David S. Cohen.

Amanda Beth Browning, lawyer for the Clinton County Department of Children and Youth Services, declined comment.

In a filing with Supreme Court, the woman's lawyers said most states, with a few exceptions, "have taken a non-punitive approach to the issue."

"Almost every major medical and public health organization has recognized that punishing women for drug use during their pregnancies is counterproductive to public and private health," wrote lawyers for the mother, identified by initials in court records.


Justice Gorsuch confirms conservatives' hopes, liberals' fears
Court Issues | 2018/04/08 02:09
Neil Gorsuch became the Supreme Court’s newest member a year ago this Tuesday. President Donald Trump’s pick for the high court, its 113th justice, has now heard more than 60 cases on issues including gerrymandering, fees paid to unions and the privacy of certain cellphone records.

It’s generally unwise to predict anything about a justice so early into his or her tenure, with few opinions written and votes in a small number of cases. But so far Gorsuch has been what Republicans believed and hoped he would be — a reliably conservative vote.

Beyond that, the public has gotten a glimpse of what Gorsuch may be like as a justice, from chances to see him spar with lawyers in court arguments, speak to groups and even tackle his first issue on the cafeteria committee.

A look at what observers have seen from Gorsuch inside and outside the court in the past year: Frequent readers of Gorsuch’s writing as a justice say his style is designed to attract attention and reach an audience beyond law professors and experts.

So far, he’s written three opinions, two separate opinions where he agreed with the majority’s result and several dissents.

Earlier this year Gorsuch began a dissent by citing English writer G.K. Chesterton, an opening that drew mixed reviews. He started an opinion involving water rights with a humorous quote attributed to actor Will Rogers, who is said to have called the Rio Grande “the only river I saw that needed irrigation.”

In some cases, Gorsuch has been criticized for seemingly talking down to readers or to his colleagues on the opposite side of an issue, but he’s also won praise for being clear and engaging. Opinion writing isn’t new for Gorsuch, who spent a decade as a federal appeals court judge before joining the Supreme Court. Now, however, it comes with higher stakes and a broader audience.

Court observers caution against reading too much into Gorsuch’s first Supreme Court writings. “One year is not that much of a sample size on a justice,” said Dan Epps, who co-hosts the First Mondays podcast about the court.


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