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Appeals court: Apple must submit to imposition of monitor
Court Issues | 2015/06/02 07:18
A federal appeals panel has refused to disqualify a court-appointed monitor after a judge found Apple colluded with book publishers in 2010 to raise electronic book prices.

The 2nd U.S. Circuit Court of Appeals in Manhattan ruled against Apple Inc. Thursday. The three-judge panel concluded that a judge did not act improperly when she declined Apple's request to disqualify a monitor she had appointed to evaluate Apple's antitrust policies.

A lawyer for Apple, based in Cupertino, California, did not immediately respond to a request for comment.

The 2nd Circuit did not yet rule on a separate appeal in which Apple is challenging the judge's finding that it colluded with publishers.

After a 2013 civil trial, a judge ordered the technology giant to modify contracts with publishers to prevent price fixing.



Suge Knight returns to court to try to dismiss murder case
Court Issues | 2015/06/01 07:18
Marion "Suge" Knight's lawyer argues that a murder case against the former rap music mogul should be dismissed because one of the men he allegedly ran over earlier this year didn't identify him in court.

Attorney Matt Fletcher contends in a motion filed before a hearing Friday that murder, attempted murder and hit-and-run charges filed against the Death Row Records co-founder should be thrown out based on the testimony of a man seriously injured in January. Knight has pleaded not guilty to running over Cle "Bone" Sloan and another man who died from his injuries.

Sloan refused to identify Knight while testifying during a preliminary hearing last month, but gave detectives a lucid account after being struck by Knight's pickup and said he started a fight in the parking lot of a Compton burger stand in late January.

A response filed by prosecutor Cynthia Barnes points to Sloan's statements to detectives and other evidence to support their case, including Knight's unique nickname, "Suge."

Fletcher contends that is not enough.

"There is nowhere in this transcript that Mr. Sloan ever identifies Marion Knight, the defendant, as a murderer," Fletcher wrote. "There is nowhere in the entire transcript that Mr. Sloan even identifies Marion Knight as a driver of the red truck in question; the red truck that hit the victims."

The 50-year-old Knight is charged with running over the two men outside a Compton burger stand. Fletcher has said his client was fleeing an ambush. A trial in the case has been scheduled for July 7.

Knight is also scheduled for a hearing in a separate robbery case that a judge delayed. The former rap mogul told deputies he was too sick to come to court, but Superior Court Judge Ronald Coen said he would order Knight forcibly brought to court on Friday if necessary.


High court won't hear appeal over Walker campaign probe
Legal Network | 2015/05/18 17:58
The Supreme Court won't hear an appeal from a conservative group seeking to end an investigation into possible illegal coordination between Wisconsin Gov. Scott Walker's 2012 recall campaign and independent groups.

The justices on Monday let stand an appeals court ruling that said Wisconsin Club for Growth and its director, Eric O'Keefe, must resolve their claims in state courts.

No one has been charged as a result of the investigation which has sought documents and testimony about possible violation of state campaign finance laws.

The investigation is on hold while a separate legal challenge is pending before the Wisconsin Supreme Court.

The club and O'Keefe argued that the investigation was a violation of their First Amendment rights and an attempt to criminalize political speech.


Court: State can’t order unions, companies to reach binding contracts
Court Issues | 2015/05/17 17:58
A California appeals court sided with one of the largest fruit farms in the nation, ruling that a law allowing the state to order unions and farming companies to reach binding contracts was unconstitutional.

Labor activists say the mandatory mediation and conciliation law is a key to helping farm workers improve working conditions.

However, the 5th District Court of Appeal said Thursday it does not clearly state the standards that the contracts are supposed to achieve.

The ruling came in a fight between Gerawan Farming and the United Farm Workers, the union launched by Cesar Chavez. The union won the right to represent Gerawan workers in 1992, but the two sides did not agree to a contract.

At the union’s request, the state Agricultural Labor Relations Board in 2013 ordered Gerawan and the UFW to enter into binding mediation. The two sides couldn’t come to an agreement so a deal was crafted by the mediator and adopted by the labor relations board, the appeals court said. Gerawan objected to the terms.


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