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Tech blogger won't be charged in Apple iPhone case
Legal Network |
2011/08/13 16:30
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Prosecutors said Wednesday that they will not bring charges against a tech blogger who bought an Apple iPhone prototype after it was found at a bar in March 2010 in a case that ignited an unusual First Amendment debate.
San Mateo County Assistant District Attorney Morley Pitt said charges were not filed against Gizmodo.com's Jason Chen or other employees, citing California's shield law that protects the confidentiality of journalists' sources.
"The difficulty we faced is that Mr. Chen and Gizmodo were primarily, in their view, engaged in a journalistic endeavor to conduct an investigation into the phone and type of phone it was and they were protected by the shield law," said Pitt.
"We concluded it is a very gray area, they do have a potential claim and this was not the case with which we were going to push the envelope."
Chen's house was raided and his computer seized after Gizmodo posted images of the prototype. The website and other media organizations objected, saying the raid was illegal because state law prohibits the seizure of unpublished notes from journalists.
"We feel there was not a crime to begin with and still believe that, and are pleased the DA's office has an appropriate respect for the First Amendment," said Thomas J. Nolan Jr., a lawyer for Chen. |
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Appeals court strikes health insurance requirement
Legal Network |
2011/08/13 16:30
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A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.
The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, siding with 26 states that had sued to block the law. But the panel didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.
The states and other critics argued the law violates people's rights, while the Justice Department countered that the legislative branch was exercising a "quintessential" power.
The decision, penned by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that "the individual mandate contained in the Act exceeds Congress's enumerated commerce power."
"What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die," the opinion said. |
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Law school graduates sue alma mater over job stats
Topics |
2011/08/12 17:39
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Four graduates of Thomas M. Cooley Law School have sued their alma mater, claiming the school misrepresented its post-graduation employment statistics to attract students.
The Lansing State Journal and the Detroit Free Press report the lawsuit was filed Wednesday. The suit in U.S. District Court for the Western District of Michigan by New York law firm Kurzon Strauss seeks class-action status and $250 million in damages.
James Thelen, Cooley's associate dean for legal affairs and general counsel, says the school stands by its post-graduation employment and salary statistics. He says any claims that students or graduates have been misled or legally harmed are "baseless."
The Lansing-based school earlier sued the law firm, claiming it was defaming the school in online ads seeking potential plaintiffs who attended Cooley. |
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Law school graduates sue alma mater over job stats
Topics |
2011/08/12 17:39
|
Four graduates of Thomas M. Cooley Law School have sued their alma mater, claiming the school misrepresented its post-graduation employment statistics to attract students.
The Lansing State Journal and the Detroit Free Press report the lawsuit was filed Wednesday. The suit in U.S. District Court for the Western District of Michigan by New York law firm Kurzon Strauss seeks class-action status and $250 million in damages.
James Thelen, Cooley's associate dean for legal affairs and general counsel, says the school stands by its post-graduation employment and salary statistics. He says any claims that students or graduates have been misled or legally harmed are "baseless."
The Lansing-based school earlier sued the law firm, claiming it was defaming the school in online ads seeking potential plaintiffs who attended Cooley. |
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