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North Carolina wins court piracy case over Blackbeard's ship
Law Firm News |
2020/04/03 01:02
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The Supreme Court sided unanimously Monday with North Carolina in a copyright fight with a company that has documented the salvage of the pirate Blackbeard's ship off the state's coast.
Justice Elena Kagan wrote for the court that the company's copyright infringement lawsuit, which she called “a modern form of piracy," could not go forward because the Constitution generally protects states from lawsuits in federal courts.
The 21st century dispute arose over the Queen Anne's Revenge, which ran aground more than 300 years ago.
The ship is the property of the state, but under an agreement North Carolina-based Nautilus Productions has for nearly two decades documented the ship's salvage. In the process, the company copyrighted photos and videos.
North Carolina first posted photos on a state website, and later put videos on a YouTube channel and included a photo in a newsletter. Nautilus sued in federal court, but the federal appeals court in Richmond, Virginia, ruled North Carolina could not be sued.
The Supreme Court ruled in 1999 that states could not be sued in federal court over patent infringements. Patent and copyright protections come from the same constitutional provision that outlines Congress' powers. Kagan noted that the earlier case, known as Florida Prepaid, “all but prewrote our decision today."
Among artifacts that have been brought to the surface are cannons and the anchor, but roughly 40 percent of the Queen Anne's Revenge remains on the ocean floor. The ship was sailing under the French flag when Blackbeard, the Englishman Edward Teach, captured the vessel in the fall of 1717 and made it his flagship. |
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Supreme Court: Justices healthy and trying to stay that way
Law Firm News |
2020/03/22 00:24
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The Supreme Court reported Friday that the nine justices are healthy and trying to stay that way.
To that end, when the court held its regularly scheduled private conference Friday morning, some of the justices participated remotely, and those who were in the building did not engage in the tradition of shaking hands, court spokeswoman Kathy Arberg said.
The court plans to issue opinions Monday in cases argued during the fall and winter without taking the bench, Arberg said. The last time that happened was when the court decided Bush v. Gore late in the evening of Dec. 12, 2000, essentially settling the disputed 2000 presidential election in favor of Republican George W. Bush.
Arberg wouldn't say who showed up in person Friday to the justices' conference room, adjacent to Chief Justice John Roberts' office. Six of the nine justices are 65 and older, at higher risk of getting very sick from the illness, according to the Centers for Disease Control and Prevention. Justices Ruth Bader Ginsburg, who turned 87 on Sunday, and Stephen Breyer, 81, are the oldest members of the court.
Justice Brett Kavanaugh, 54, flew on a commercial flight last week between Washington, D.C., and Louisville, Kentucky, for a ceremony in honor of U.S. District Judge Justin Walker, a former law clerk whom President Donald Trump named to the federal bench last year. |
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Supreme Court postpones arguments because of virus outbreak
Law Firm News |
2020/03/17 18:09
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The Supreme Court announced Monday that it is postponing arguments for late March and early April because of the coronavirus, including fights over subpoenas for President Donald Trump’s financial records.
Other business will go on as planned, including the justices’ private conference on Friday and the release of orders in a week’s time. Some justices may participate by telephone, the court said in a statement.
Six of the nine justices are 65 and older, at higher risk of getting very sick from the illness, according to the Centers for Disease Control and Prevention. Justices Ruth Bader Ginsburg, 87, and Stephen Breyer, 81, are the oldest members of the court.
There is no new date set for the postponed arguments. the building has been closed to the public since last week.
The only other time the 85-year-old court building was closed for arguments was in October 2001, when anthrax was detected in the court mailroom. That led the justices to hold arguments in the federal courthouse about a half mile from the Supreme Court,
Within a week and after a thorough cleaning, the court reopened.
In 1918, when the court still met inside the Capitol, arguments were postponed for a month because of the flu pandemic. In the nation’s early years, in August 1793 and August 1798, adjustments were made because of yellow fever outbreaks, the court said. |
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Trump ally Roger Stone sentenced to over 3 years in prison
Law Firm News |
2020/02/20 18:46
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Trump loyalist and ally Roger Stone was sentenced Thursday to more than three years in federal prison, following an extraordinary move by Attorney General William Barr to back off his Justice Department’s original sentencing recommendation.
U.S. District Court Judge Amy Berman Jackson said Stone’s crimes demanded a significant time behind bars, but she said the seven to nine years originally recommended by the Justice Department were excessive.
Stone’s lawyers had asked for a sentence of probation, citing his age of 67 years, his health and his lack of criminal history. Instead, he drew 40 months.
Stone had no immediate reaction in court when Jackson announced his sentence. Later, he emerged from the courthouse to a crowd exchanging back and forth chants of “Lock him up” and “Pardon Roger Stone.” Stone got into a black SUV without speaking to reporters.
His attorney Bruce Rogow said Stone and his team would “have no comment.” The judge delayed execution of his sentence while she considers Stone’s motion for a new trial.
Stone was convicted in November on all seven counts of an indictment that accused him of lying to Congress, tampering with a witness and obstructing the House investigation into whether the Trump campaign coordinated with Russia to tip the 2016 election.
The sentence came amid Trump’s unrelenting defense of his longtime confidant that has led to a mini-revolt inside the Justice Department and allegations the president has interfered in the case.
Trump took to Twitter to denounce as a “miscarriage of justice” the initial recommendation by Justice Department prosecutors that Stone receive at least seven years in prison. Attorney General William Barr then backed off that recommendation, prompting four prosecutors to quit Stone’s case.
Jackson angrily denied that Stone was being punished for his politics or his allies. “He was not prosecuted, as some have claimed, for standing up for the president. He was prosecuted for covering up for the president,” she said.
She said Stone’s use of social media to stoke public sentiment against the prosecution and the court was intended to reach a wide audience, including using a photo of Jackson with crosshairs superimposed. |
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