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Court: Bloggers have First Amendment protections
Press Release |
2014/01/20 21:32
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A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.
The 9th U.S. Circuit Court of Appeals ordered a new trial in a defamation lawsuit brought by an Oregon bankruptcy trustee against a Montana blogger who wrote online that the court-appointed trustee criminally mishandled a bankruptcy case.
The appeals court ruled that the trustee was not a public figure, which could have invoked an even higher standard of showing the writer acted with malice, but the issue was of public concern, so the negligence standard applied.
Gregg Leslie of the Reporters Committee for the Freedom of the Press said the ruling affirms what many have long argued: Standards set by a 1974 U.S. Supreme Court ruling, Gertz v. Robert Welch Inc., apply to everyone, not just journalists. |
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Court hearings for 2 arrested in student stabbing
Press Release |
2014/01/20 21:32
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A 23-year-old man and a 16-year-old boy arrested in the stabbing of a Seattle University student have been ordered held after initial court appearances.
The Seattle Times reports that bail for the man was set Thursday at $1 million while the teen was ordered held in juvenile custody. Prosecutors say they expect to file charges Friday.
A 16-year-old girl arrested in the attack early Wednesday was released pending further investigation.
The suspects were arrested for investigation of robbery and assault. Police allege they followed a 23-year-old student, pushed him to the ground and stabbed him in the chest. He called for help from an emergency kiosk on campus. The student was hospitalized in serious condition. |
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High court OKs Miss. lawsuit on LCD price fixing
Press Release |
2014/01/16 21:30
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The Supreme Court has ruled unanimously that Mississippi can pursue claims of price-fixing against a manufacturer of LCD screens in state court.
The justices on Tuesday reversed a lower court ruling that blocked the state-court suit against AU Optronics Corp.
Justice Sonia Sotomayor, writing for the court, said the New Orleans-based 5th U.S. Circuit Court of Appeals was wrong to order that the case be tried in federal court.
The issue was whether the federal Class Action Fairness Act, aimed at taking class-action lawsuits from consumer-friendly state courts to more business-friendly federal courts, also applied to cases filed by a state on behalf of its residents.
Taiwan-based AU Optronics is one of several Asian companies sued for fixing prices for thin film transistor liquid-crystal display panels from 1999 to 2006. |
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Court refuses to reopen oyster farm case
Press Release |
2014/01/16 21:29
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A federal appeals court has refused to reconsider a decision that shutters a popular Northern California oyster farm in the Point Reyes National Seashore.
The 9th U.S. Circuit Court of Appeals on Tuesday said it wouldn't appoint a special 11-judge panel to reconsider the ruling of a three-judge panel.
The three-judge panel ruled in September that the federal government had legal authority to deny Drakes Bay Oyster Co. a new lease so the waters of the Drakes Estero could be returned to wilderness.
The small oyster farm's last remaining legal option is to appeal to the U.S. Supreme Court. A lawyer for Drakes Bay didn't immediately return a phone call. |
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